HomeMy WebLinkAbout06-2358LAURA M. RUMLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW?
NO. O(e- a3S? ?Vil
MILTON J. HERSHEY,
Defendant IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) or (d) OF THE DIVORCE CODE
1. The Plaintiff is Laura Rumley, an adult individual residing at 412 Lincoln
Street, Carlisle, Cumberland County, Pennsylvania.
2. The Defendant is Milton Hershey, an adult individual residing at 2 Baird Court,
Carlisle, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on September 10, 1993 in
Minneapolis, Minnesota.
5. There have been no prior actions of divorce or for annulment between the
parties in this or in any other jurisdiction.
6. The Plaintiff has been advised that counseling is available and that she has
SAMIS,
LINDSAY
A[ 10I .AT•IAW
26 West High Strut
C.rdisle, PA
the right to request that the court require the parties to participate in counseling.
7. The marriage is irretrievably broken.
WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance
SAIDIS,
FLOWER &
LINDSAY
Ariu" YS. -Uw
26 West High St,,a
C:adkl" PA
with §3301 of the Pennsylvania Divorce Code.
Dated: V 12? q l i" b
Respectfully submitted,
SAIDIS„FLOWEF3-& LINDSAY
Carol J. Linds'a `E'squire
Attorney ID 446
26 West High eet
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
SAMIS,
FLOWER &
LINDSAY
ATNRN -ATIAW
26 West High Street
Carlisle, PA
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsifications to a
Date: 4, a', C
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LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 06-2358 CIVIL TERM
MILTON J. HERSHEY,
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I, Milton J. Hershey, accept service of the Complaint in Divorce in the above-
SAMIS,
FLOWER &
LINDSAY
ArtoRNEvs-,vuw
26 West High Street
Carlisle, PA
captioned matter.
Date
IN,
Milton J. Hershey
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LAURA M. RUMLEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 06 - 2358 Civil Term
MILTON J. HERSHEY, : IN CUSTODY
Defendant
CUSTODY COMPLAINT
1. Petitioner/Defendant is Milton J. Hershey, who currently resides at 134 South Pitt St.,
Carlisle, Cumberland County, Pennsylvania, 17013.
2. Respondent/Plaintiff is Laura A. Rumley, who currently resides at 420 South Street,
Carlisle, Cumberland County, Pennsylvania, 17013.
3. Petitioner is the father of the following children and seeks a custody order regarding
the following children:
NAME DOB/AGE ADDRESS
Simon John Rumley 2/10/96 (10) Shared physical
between father and
Carmen Sophia Rumley Hershey 10/30/02 (3) mother.
Mother and Father married on September 10, 1992. Mother and Father currently equally
share physical custody of the Children.
During the past five years, the children have resided with the following persons and at the
following addresses:
NAME ADDRESSES DATES
Milton J. Hershey 134 S. Pitt St. Carlisle, Pa. The parties physically
Laura M. Rumley 420 S. Pitt St., Carlisle, Pa. separated on 4/30/06 and
have equally shared physical
custody of the children since
that time.
Milton J. Hershey 2 Baird Court
Laura M. Rumley Carlisle, Pa. 17013
2001 to 4/30/06
The mother of the children is Laura M. Rumley. She currently resides at 420 South St.
Carlisle, Pa. 17013: She is married to Milton J. Hershey.
The father of the children is Milton J. Hershey. He currently resides at 134 South Pitt St.,
Carlisle, Pa. 17013. He is married to Laura M. Rumley.
4. The relationship of petitioner to the children is that of Father. The petitioner currently
resides with the children.
5. The relationship of respondent to the child is that of Mother. The respondent currently
resides with the children.
6. Petitioner has not participated as a part) or witness, or in another capacity, in other
litigation concerning the custody of the children in this or another court.
Petitioner has no information of a custody proceeding concerning the children pending in
a court of this Commonwealth.
Petitioner does not know of a party to the proceedings who has physical custody of the
children or anyone who claims to have custody or visitation rights with respect to the children.
7. The best interest and permanent welfare of the child will be served by granting the
relief requested because: The parties physically separated on or about April 30, 2006. Since that
time the parties have been equally sharing physical custody of the children. On September 22nd
Mother took the children from school without telling Father and unilaterally denied him his
regular period of physical custody. Father believes it would be in the best interest of the
children to continue the prior agreement and that this agreement should be entered as an Order of
Court as this would promote stabilty in the children's lives.
8. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the child has been named as parties to this action.
WHEREFORE, Plaintiff requests the court to enter a custody order regarding the
children.
Respectfully submitted,
oe,e a?a??o?
tU?joN e dams, Esquire INN 79465
h Pitt Street
, , Pa. 17013
(717) 245-8508
ATTORNEY FOR PETITIONER
VERIFICATION
I verify that the statements made in this Custody Complaint 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: Milton J. Hershe, Pe ' 'oner
(. C cv "t i
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N -TI
LAURA M. RUMLEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-2358 CIVIL ACTION LAW
MILTON J. HERSHEY
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Monday, October 02, 2006 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, October 16, 2006 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Jacqueline M. Verney, Esq
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06 - 2358 Civil Term
IN CUSTODY
ACCEPTANCE OF SERVICE
I, Debra D. Cantor, Esquire, represent Laura M. Rumley, in the
above-captioned matter; I hereby accepted service of the Custody Complaint
on or about the date listed below; which was filed by Defendant/Petitioner under the above-
captioned number and I hereby affirm I am authorized to do so.
Date: ?V
1
Wr. ant , Es ire
66 _ ine St.
Harrisburg, Pa. 17108-1166
ATTORNEY FOR PLAINTIFF/RESPONDENT
LAURA M. RUMLEY
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LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2358 CIVIL TERM
IN CUSTODY
CUSTODY STIPULATION
This Stipulation and Custody Agreement is made this day of OC;fD be., 16 , 2006, by
and between LAURA M. RUMLEY, (Hereinafter referred to as "Mother"), of Carlisle,
Cumberland County, Pennsylvania, and MILTON J. HERSHEY, (Hereinafter referred to as
"Father"), of Carlisle, Cumberland County, Pennsylvania;
WHEREAS, Mother and Father are the natural parents of two children, namely,
Simon John Rumley Hershey, date of birth, 2/10/96 (10); and
Carmen Sophia Rumley Hershey, date of birth, 10/30/02 (3);
WHEREAS, Mother and Father have reached an agreement relative to the future care,
custody, and visitation of their children, the terms of which agreement both parties desire to set
forth in the present Stipulation and Custody Agreement, and;
WHEREAS, Mother and Father desire the provisions of the present Stipulation and
Custody Agreement be approved by the Honorable Court of Common Pleas of Cumberland
County and entered as a Court Order, with the same force and effect as though said Order had
been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning
the children.
i
NOW THEREFORE, the parties, intending to be legally bound, and in consideration of
the mutual promises and agreements contained herein, hereby agree as follows:
1. Legal Custody. Mother and Father shall have joint legal custody of their children.
Joint legal custody means both parents have the right to control and share in making of decisions
of importance in the life of their children, including educational, medical, and religious
decisions. Both parents shall be entitled to equal access to each child's school, medical, dental,
and other important records.
As soon as practicable after the receipt by a party, copies of a child's school schedules,
special events notifications, report cards, and similar items shall be provided to the other party.
Each shall notify the other party of any medical, dental, optical and other appointments of a child
with healthcare providers, sufficiently in advance thereof so that the other party can attend.
Notwithstanding that both parents shall share legal custody, non-major decisions
involving the child's day-to-day living shall be made by the parent then having physical custody,
consistent with the other provisions of this Agreement and subsequent Order.
2. Physical Custody. Primary Physical Custody of the children, as that term is
defined in the custody act, shall be shared between Mother and Father.
3. Schedule for Physical Custody. The parties will follow the schedule for physical
custody, which is hereby attached as Exhibit A; the parties shall not alter this schedule other than
by mutual agreement of the parties evidenced by a writing or by further Order of Court.
4. Counseling. The parties agree that they shall participate in family counseling,
Mother and Father shall each participate in individual counseling, and that Simon shall continue
his individual counselor.
5. Conciliation. The parties wish to continue the conciliation previously scheduled
for October 16, 2006. The parties request that a conciliation be rescheduled within approximately
ninety (90) days. However, this stipulation and the subsequent order shall remain in effect until
further written agreement of the parties and/or further Order of Court.
6. Transportation and Exchange. The transportation shall be shared equally by the
parties.
7. Illness of a Child. Emergency decisions regarding a child shall be made by the
parent then having custody. However, in the event of any emergency or serious illness of a child
at any time, any party then having custody of the child shall communicate with the other party by
telephone or any other means practicable, informing the other party of the nature of the illness or
emergency, so the other parent can become involved in the decision making process as soon as
possible. The term "serious illness" as used herein shall mean any disability which confines a
child to bed for a period in excess of seventy-two (72) hours and which places the child under the
direction of a licensed physician. During such illness, each party shall have the right to visit the
child as often as he or she desires, consistent with the medical care of the child.
8. Disparaging Remarks. Neither Father nor Mother shall make any disparaging
remarks regarding the other parent in the present of the children, such as those that might tend to
alienate the affections of the children toward the other parent. Also, each parent shall inform
relatives and friends to also refrain from making any disparaging remarks regarding either parent
in the presence of the children.
9. Bindina Effect and Modification of Order. This Agreement and all of its terms
and conditions shall extend to and be binding upon the parties hereto and their respective heirs,
personal representatives, and assigns. The parties are free to modify the terms of this Agreement
but in order to do so both parties must be in complete agreement to any new terms. That means
both parties must consent on what the new terms of the custody arrangement or visitation
schedule shall be.
10. Governing Law. This Agreement shall be governed and controlled by the laws of
Pennsylvania.
11. Enforcement. This Agreement may be adopted as an Order of Court without the
necessity of a Court hearing.
IN WITNESS WHEREOF, Counsel for the parties hereto have set their hands and seals
the date and year written above.
(2-1? 6".
J Adams, Esquire
64/S. Pitt St.
Carlisle, PA 17013
(717) 245-8508
Attorney for Father,
Milton J. Hershey
a ?
ra D. anto , Esquire
100 Pine Street
Harrisburg, PA 17101
(717) 237-5297
Attorney for Mother,
Laura M. Rumley
Dated: (b 1 0 0 (
Dated: ( 01ol0 (?,
REVISED CUSTODY SCHEDULE '
10.14.06 - 01.03.07
DATE DA PARENT DROP OFF PICK UP NOTE
10/14/2006 Saturday _ L
10/15/2_0_06 Sunday _ M 9:00 AM
10/16/2006 Monday M € T
10/17/2_006 Tuesday _ M _
10/18/2006 Wednesday M M L
10/19/2006 Thursday L L
10/20/2006 Friday_ L L M
10/21/2006 Saturday M
10/22/2006 Sunday M
10/23/2006 Monday M
10/24/2006 Tuesday
- M
10/25/2006 i Wednesday M _ M L
10/26/2006 Thursday L ;
10/27/2006 f Friday L
10/28/2006 Saturday L
10/29/2006 Sunday L
10/30/2006 Monday L L M
10/31/2006 Tuesday M
11/1/2006
- - Wednesday
-- -- M
- -- M
J--- - - L
11/2/2006 Thursday L €
11/3/2006 Friday L :Milt requested Laura to keep kids for night
11/4/2006 Saturday M 9:00 AM
11/5/2006 Sunday M
11/6/2006 Monday M
11/7/2006 Tuesday M
11/8/2006 Wednesday M M L
11/9/2006 Thursday
- -
- - L
11/10/2006 Friday L
_ 11/11/2006 Saturday L -- TLaura to drop Carmen off with Milt
11/12/2006 Sunday L ;Laura & Simon in NYC
11/13/2006
Monday
L
L
M _
11/14/2006 Tuesday M
11/15/2006 Wednesday M M L
11/16/2006 Thursday L
11/17/2006 Friday L L € M
11/18/2006 Saturday M
11/19/2006 Sunder M
11/20/2006 Monday M M L :Laura requested to have kids this night due to
101/2006 Tuesday L
11/22/2006
_--- Wednesday L :Laura request to have kids over Thks vn
11/23/2006 -Thursday L ;11/21 -11/27
11/24/2006 Friday L
11/25/2006 Saturday L
11/26/2006 Sunday L
11/27/2006 Monday L_ L M i
11/28/2006 Tuesday I M
11/29/2006 Wednesday M M L
11/30/2006 Thursday L
12/1/2006 Friday L L M
12/2/2006 Saturday
-- M
12/3/2006 Sunday -M --
12/4/2006 Monday M
12/5/2006 Tuesday M
12/6/2006
-- Wednesda
M
-
M -
L -
12/7/2006
Thursday
L - --- -
12/8/2006 Friday L
12/9/2006 Saturday L
12/10/2006 - s Sunday L
12/11/2006 - Monday -- - - - --L -- M
12/12/2006 Tuesday M
- -
12/13/2006 Wednesday M-- M--- L
12/14/2006 Thursday_ L
12/15/2006 Friday L L M
12/16/2006 Saturday M €
12/17/2006
Sunday I -
- M
i
12/18/2006 Monday M
12/19/2006 -
Tuesday M
12/20/2006 Wednesda M M L
12/21/2006 Thursday _ L
12/22/2006 Friday - L
12/23/2006 Saturday ---
L - - L M
- - 'Agreed to Christmas schedule
-- - -- -
12/24/2006
-- Sunday M
12/25/2006
Monday - -
M
M - - -
L -
!Laura picks up at 12:00 noon.
12/26/2006 Tuesday L
- 12/27/2006 -
Wednesda
L -
L -- -
--M
12/_28/2006 Thursday M
12/29/2006 Friday M _ M L
12/30/2006 Saturday L
12/31/2006 Sunday L ;
11112007 Monday L L M
1/2/2007 -- Tuesday M
1/3/2007 Wednesday M M L
1/4/2007 Thursday L
flight.
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OCT 1- i 7006
LAURA M. RUMLEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 06 - 2358 Civil Term
MILTON J. HERSHEY, : IN CUSTODY
Defendant
ORDER
1k
AND NOW, this day of 0 Lk A Ur , 2006, having reviewed the attached
stipulation and agreement between the parties it is hereby ORDERED and DECREED as
follows:
1. Laura M. Rumley and Milton J Hershey shall share legal custody of their
children, Simon John Rumley Hershey and Carmen Sophia Rumley Hershey.
2. Laura M. Rumley and Milton J Hershey shall share physical custody of their
children, Simon John Rumley Hershey and Carmen Sophia Rumley Hershey.
3. The stipulation which was entered and filed on October 16, 2006, shall be
entered and incorporated into this Order.
4. The concilation previously scheduled for October 16, 2006 in this matter is
continued. The conciliator is directed to reschedule the conciliation within
approximately ninety (90) days.
cc: Xb Cantor, Esquire, for mother
/ne Adams, Esquire, for father
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LAURA M. RUMLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-2358 CIVIL ACTION - LAW
MILTON J. HERSHEY,
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this _ day of ?o.v,,va%r' 4 , 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. The prior Order of Court dated October 20, 2006 is hereby vacated.
2. The Mother, Laura M. Rumley and the Father, Milton J. Hershey, shall
have shared legal custody of Simon John Rumley, born February 10, 1996 and Carmen
Sophia Rumley Hershey, born October 30, 2002. Each parent shall have an equal right,
to be exercised jointly with the other parent, to make all major non-emergency decisions
affecting the Children's general well-being including, but not limited to, all decisions
regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309,
each parent shall be entitled to all records and information pertaining to the children
including, but not limited to medical, dental, religious or school records, the residence
address of the children and the other parent. To the extent one parent has possession of
any such records or information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent. Both parents shall be entitled to full
participation in all educational and medical/treatment planning meetings and evaluations
with regard to the minor children. Each parent shall be entitled to full and complete
information from any physician, dentist, teacher or authority and copies of any reports
given to them as parents including, but not limited to: medical records, birth certificates,
school or educational attendance records or report cards. Additionally, each parent shall
be entitled to receive copies of any notices which come from school with regard to school
pictures, extracurricular activities, children's parties, musical presentations, back-to-
school nights, and the like.
3. The parents shall have shared physical custody based on a schedule
exchanged by the parties.
4. Each parent shall attend individual counseling.
5. The parents shall attend joint parenting counseling.
6. Simon shall continue in counseling and the parents shall participate if
requested by his counselor.
7. The parties shall cooperate with a custody evaluation conducted by an
evaluator agreed to by the parties and their counsel within 14 days of the date of the
conciliation conference.
8. Transportation shall be shared such that the relinquishing party shall
transport.
9. In the event that either party is in need of a babysitter for more than four
hours, they shall notify the non-custodial parent, in sufficient time for that parent to
exercise the offer, and offer said custodial opportunity to the non-custodial parent.
10. This Order is entered pursuant to an agreement of the parties at a Custody
Conciliation Conference. The parties may modify the provisions of this Order by mutual
consent. In the absence of mutual consent, the terms of this Order shall control. Either
party may contact the Conciliator to schedule another Custody Conciliation Conference
once the custody evaluation is completed.
BY THE COURT,
'*o_ ?AAV
M. L. Ebert, Jr., J.
cc: Debra D. Cantor, Esquire, Counsel for Mother .cA.cce? J-7-07
Jane Adams, Esquire, Counsel for Father
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LAURA M. RUMLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-2358 CIVIL ACTION - LAW
MILTON J. HERSHEY,
Defendant : IN CUSTODY
PRIOR JUDGE: M. L. Ebert, Jr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Simon John Rumley February 10, 1996 shared
Carmen Sophia Rumley Hershey October 30, 2002 shared
2. A Conciliation Conference was held in this matter on January 16, 2007,
with the following in attendance: The Mother, Laura M. Rumley, with her counsel, Debra
D. Cantor, Esquire, and the Father, Milton J. Hershey, with his counsel, Jane Adams,
Esquire.
3. A prior Order of Court was entered by the Honorable M. L. Ebert, Jr.
October 20, 2006 providing for shared legal custody and shared physical custody.
4. The parties agreed to an Order in the form as attached.
i - 1 -] -O A, , V Y k?rc.t
Date ac eline M. Verney, Esquire
Custody Conciliator
McNEES WALLACE & NURICK LLC
By: Debra Denison Cantor
Attorney ID No. 66378
100 Pine Street
Harrisburg, PA 17108-1166
(717) 232-8000
(717) 260-1667 facsimile
dcantor(a)mwn.com
Attorneys for Plaintiff
LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006-2358
IN DIVORCE
PLAINTIFF'S PETITION SEEKING
ADVANCE ON EQUITABLE DISTRIBUTION
AND NOW comes the Petitioner, Laura M. Rumley, by and through her
attorneys, McNees Wallace & Nurick LLC, and petitions the court as follows:
1. Plaintiff and Defendant are Husband and Wife, having been married on
September 10, 1993.
2. The divorce action was filed on April 26, 2006.
3. The parties have attempted to negotiate a resolution to the equitable
distribution counts.
4. The Defendant cashed in an American Express IRA that had a balance of
$46,000 and used that money to purchase a new home without Plaintiffs consent.
5. The marital residence was sold in April 2006 and the proceeds from the
sale of the home worth $109,742.95 remain in an escrow account.
6. Prior to separation, Plaintiff was a stay at home having left full-time
employment on December 31, 1999.
7. Plaintiff has no retirement accounts or other cash assets to use to pay her
reasonable living expenses, including her legal fees.
8. At this point all of the finances are tied up and cannot be accessed by the
Plaintiff.
9. The parties are in the process of completing a custody evaluation and
Plaintiff lacks the funds necessary to fully pay this cost.
10. Plaintiff would like to purchase a home for herself and her children but is
financially unable to do so.
11. Without this Court ordering an advance on equitable distribution, Plaintiff
will suffer harsh financial hardship.
12. Granting the relief requested will not in any way impair Defendant's ability
to obtain an equitable distribution of the assets as he has received $46,000 of marital
assets during the pendency of this action.
WHEREFORE, Plaintiff requests this Honorable Court to grant her request for an
advance on Equitable Distribution in the amount of $25,000.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
By
Cantor, Esquire
I. D. No. 66378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
(717) 260-1667 (fax)
Attorneys for Plaintiff
Dated: May ('0 , 2007
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class mail upon the following:
Jane Adams, Esquire
64 S. Pitt Street
Carlisle, PA 17013
D r . antor
Dated: May to, 2007
O
r
PLAINTIFF'S PETITION SEEKING
ADVANCE ON EQUITABLE DISTRIBUTION
AND NOW comes the Petitioner, Laura M. Rumley, by and through her
McNEES WALLACE & NURICK LLC
By: Debra Denison Cantor
Attorney ID No. 66378
100 Pine Street
Harrisburg, PA 17108-1166
(717) 232-8000
(717) 260-1667 facsimile
dcantora-mwn.com
Attorneys for Plaintiff
LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION -LAW
V.
: NO. 2006-2358
MILTON J. HERSHEY,
: IN DIVORCE
Defendant
attorneys, McNees Wallace & Nurick LLC, and petitions the court as follows:
1. Plaintiff and Defendant are Husband and Wife, having been married on
September 10, 1993.
2. The divorce action was filed on April 26, 2006.
3. The parties have attempted to negotiate a resolution to the equitable
distribution counts.
4. The Defendant cashed in an American Express IRA that had a balance of
$46,000 and used that money to purchase a new home without Plaintiffs consent.
5. The marital residence was sold in April 2006 and the proceeds from the
sale of the home worth $109,742.95 remain in an escrow account.
6. Prior to separation, Plaintiff was a stay at home having left full-time
employment on December 31, 1999.
7. Plaintiff has no retirement accounts or other cash assets to use to pay her
reasonable living expenses, including her legal fees.
8. At this point all of the finances are tied up and cannot be accessed by the
Plaintiff.
9. The parties are in the process of completing a custody evaluation and
Plaintiff lacks the funds necessary to fully pay this cost.
10. Plaintiff would like to purchase a home for herself and her children but is
financially unable to do so.
11. Without this Court ordering an advance on equitable distribution, Plaintiff
will suffer harsh financial hardship.
12. Granting the relief requested will not in any way impair Defendant's ability
to obtain an equitable distribution of the assets as he has received $46,000 of marital
assets during the pendency of this action.
13. Petitioner's counsel attempted to contact Respondent's counsel regarding
the Petition, which was provided prior to filing. Counsel have not been able to discuss
the contents.
14. No Judge has ruled on any matter related to the divorce action.
.'
WHEREFORE, Plaintiff requests this Honorable Court to grant her request for an
advance on Equitable Distribution in the amount of $25,000.
Respectfully submitted,
Dated: May , 2007
McNEES WALLACE & NURICK LLC
r
Cantor, Esquire
I. D. No. 66378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
(717) 232-8000
(717) 260-1667 (fax)
Attorneys for Plaintiff
,.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class mail upon the following:
Jane Adams, Esquire
64 S. Pitt Street
Carlisle, PA 17013
D antor
Dated: May (0, 2007
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LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
V.
NO. 2006-2358
MILTON J. HERSHEY,
IN DIVORCE
Defendant
RULE TO SHOW CAUSE
And now this day of , 2007, a Rule to Show Cause is issued
for Defendant to show cause as to why th relief requested should not be granted.
Rule returnable in 2,0 _ days. P.- -LI se, vI Z'- c .
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BY THE COURT:
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LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:No. 06•- 2358 Civil Term
: IN CUSTODY
DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION
SEEKING ADVANCE ON EQUITABLE DISTRIBUTION
AND NOW, comes Petitioner, Milton J. Hershey, by and through his counsel, Jane
Adams, Esquire, and petitions the Court as follows:
1. Admitted. Plaintiff and Defendant are Husband and Wife, and were married on
September 10, 1993.
2. Admitted. The divorce action was filed on April 26, 2006.
3. Admitted. The parties have attempted to negotiate a resolution to the equitable
distribution counts, but the parties have been unable to reach an agreement.
4. Admitted. Husband cashed in an American Express IRA of approximately $46,000.00
and used the proceeds to purchase a new home, with Wife's full knowledge.
5. Admitted; proceeds from the marital home remain in an escrow account.
6. Denied in part, admitted in part. Wife voluntarily left her full-time employment in
1999, but has worked part-time since then and full time for the past two years.
7. Denied. Wife has a Fidelity IRA account worth over $11,000.00. She earns over
$30,000.00 per year and also receives $1671 per month in support.
8. Denied. Wife has a Fidelity IRA account worth over $11,000.00 as well as her
earnings and support. It is admitted that the funds from the escrow account cannot be released
without a further agreement or Order.
9. Admitted in part, denied in part. The parties are currently in the process of completing
a custody evaluation. It is denied that Wife lacks or could obtain the funds to fully pay this cost.
10. Denied. It is denied that Wife does not have sufficient funds as it is believed that
Wife has already purchased a home.
11. Denied. Wife has other sources of income and assets and will not suffer "harsh
financial hardship" if she does not receive an advance on equitable distribution.
12. Denied. It is denied that the relief requested will not in any way impair Defendant's
ability to obtain an equitable distribution of the assets. The parties have substantial marital debt.
If a an advance distribution is granted, there may not be enough assets remaining to effectuate an
equitable distribution of the marital assets.
WHEREFORE, Defendant respectfully requests that this Honorable Court deny
Plaintiff's petition.
Respectfully submitted,
Date: J• a an
.D.e Adams, Esquire
No. 79465
64 South Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
AND NOW, this July 2, 2007, I, Jane Adams, Attorney for Milton J. Hershey, hereby
certify that a copy of Defendant's ANSWER has been duly served upon the Plaintiff's Counsel
by placing such in the custody of the United States Postal Service, via certified mail, postage pre-
paid addressed to:
Debra D. Cantor, Esquire
100 Pine St.
P.O. Box 1166
Harrisburg, Pa. 17108
ATTORNEY FOR PLAINTIFF
squire
HNo779S465
I 64 South Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR
DEFENDANT
az.
LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MILTON J. HERSHEY,
Defendant NO. 06-2358 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of July, 2007, upon consideration of Plaintiffs Petition
Seeking Advance on Equitable Distribution and of Defendant's Response to Plaintiffs
Petition Seeking Advance on Equitable Distribution, a hearing is scheduled for Tuesday,
August 28, 2007, at 10:00 a.m., in Courtroom No. 1, Cumberland County Courthouse,
Carlisle, Pennsylvania.
Debra D. Cantor, Esq.
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Attorney for Plaintiff
Jane Adams, Esq.
64 S. Pitt Street
Carlisle, PA 17013
Attorney for Defendant
re
BY THE COURT,
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LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-2358 CIVIL TERM
IN RE: PLAINTIFF'S PETITION SEEKING ADVANCE
ON EQUITABLE DISTRIBUTION
ORDER OF COURT
AND NOW, this 28 h day of August, 2007, upon consideration of the attached
letter from Jane Adams, Esq., attorney for Defendant, the hearing previously scheduled in
the above matter for August 28, 2007, is cancelled.
BY THE COURT,
Abra D. Cantor, Esq.
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108
Attorney for Plaintiff
e Adams, Esq.
64 S. Pitt Street
Carlisle, PA 17013
Attorney for Defendant
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FTom:IRWIN LAW OFFICE 717 243 9200 08/28/2007 07:39 #011 P.002/002
Jane Mama
ATTORNEY AT LAW
64 SOUTH PITT STREET
CARLISLE, PA. 17013
(717) 245-8508 voice
(717) 243-9200 fax
www.adarnslaw.net
esgadams0 aol.com
VIA FAX ONLY
August 28, 2007
The Honorable Judge Wesley Oler, Jr.
One Courthouse Square
Cumberland County Courthouse
Carlisle, Pa. 17013
Re: Rumley v. Hershey.
No. 06 - 2358 Civil Term.
Dear Judge Oler:
I represent Defendant, Milton Hershey regarding the above-captioned matter. Plaintiff,
Laura Rumley, is represented by Attorney Debra Cantor. A hearing was scheduled for today at
10:30 a.m. regarding Plaintiffs Petition.
During the past week, Attorney Cantor and I have had extensive communications
regarding a settlement of this matter. We prepared a marriage settlement agreement which
resolves equitable distribution of property and alimony. Attorney Cantor's client signed this
agreement late afternoon yesterday. My client signed the agreement at approximately 8:00 p.m.
last night.
As the issues contained in the petition are now resolved, we are requesting that the
hearing be canceled. Attorney Cantor will be filing An original settlement agreement, along with
the parties' Affidavits of Consent, Waivers of Notice and a Praecipe to Transmit within several
days.
Thank you for your kind assistance with the above.
Very truly yours,
(14a z a 06u?
e Adams, Esquire
CC. Debra Cantor, Esquire
LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
THIS AGREEMENT,
between LAURA M. RUMLEY,
hereinafter referred to as
County, Pennsylvania,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 - 2358 Civil Term
IN DIVORCE
SETTLEMENT AGREEMENT
% this )-M day of , 2007, by and
Carlisle, Cumberland County, Pennsylvania,
and MILTON J. HERSHEY, of Carlisle, Cumberland
referred to as "Husband";
WITNESSETH:
WHEREAS, Husband an Wife were lawfully married on September 10, 1993, in
Minneapolis, Minnesota,
WHEREAS, there were
children born of this marriage;
WHEREAS, disputes andl difficulties have arisen between the parties and it is the
intention of Husband and Wife to live separate and apart, and the parties desire to settle
their respective financial
including the settling of all mattf
distribution of real and personal
relating to the past, present, an(
Husband or Wife; and in genera
rights and obligations as between each other,
between them relating to ownership and equitable
; the settling of all matters between them
future support, alimony, and/or maintenance of
the settling of any and all possible claims by one
against the other or against th it respective estates;
NOW THEREFORE, Hu band and Wife, in consideration of the mutual promises,
covenants and undertakings h reinafter set forth and for other good and valuable
consideration, receipt of which s hereby acknowledged, and each intending to be
legally bound, hereby covenant and agree as follows:
1. FULL DISCLOSURE OF ASSETS. Each party warrants that he or she
has made a full and fair disclosure of income, assets, and their valuation prior to the
execution of this Agreement as well as any other fact relating to this Agreement. These
disclosures are part of the cons deration made by each party for entering into this
Agreement. Each party agrees that he or she shall not, at any future time, raise as a
defense, or otherwise, the lack f such disclosure in any legal proceedings involving this
Agreement, with the exception f disclosure that may have been fraudulently withheld.
2. ADVICE OF COU SEL. The Husband has employed and had the benefit
of counsel of Attorney Jane Ad ms as his attorney. The Wife has employed and has
had the benefit of counsel of Att mey Debra D. Cantor as her attorney. Each party has
carefully and completely read th s Agreement and has been advised and is completely
aware not only of its contents b t of its legal effect. Husband and Wife acknowledge
that this Agreement is not a res It of collusion, improper or illegal agreements.
3. SEPARATION. T e parties intend to maintain separate and permanent
domiciles and to live apart from ach other. Neither party shall harass, annoy, injure,
threaten, or interfere with the of er party in any manner whatsoever. Neither party shall
interfere with the uses, ownership, enjoyment, or disposition of any property now owned
and not specified herein or property hereafter acquired by the other.
2
4. SUBSEQUENT 6NORCE. The parties hereby acknowledge that Wife
filed a Complaint in Cumberlan County, Pennsylvania, claiming that the marriage is
irretrievably broken under the -fault mutual consent provision of Section 3301(c) of
the Pennsylvania Divorce Cod . Husband expresses his agreement that the marriage
is irretrievably broken and expr sses his intent to execute any and all affidavits or other
documents necessary for the parties to obtain an absolute divorce pursuant to Section
3301(c) of the Divorce Code. he parties hereby waive all rights to request Court
Ordered counseling under the ivorce Code. The provisions of this Agreement relating
to equitable distribution of prop rty of the parties are accepted by each party as a final
settlement for all purposes wha soever, as contemplated by the Pennsylvania Divorce
Code.
Should a decree, judgm nt, or order of separation or divorce be obtained by
either of the parties in this or an other state, country or jurisdiction, each of the parties
hereby consents and agrees th t this Agreement and all of its covenants shall not be
affected in any way by any such separation or divorce; and that nothing in any such
decree, judgment, order, or furt er modification or revision thereof shall alter, amend, or
vary any term of this Agreement` whether or not either or both of the parties shall
remarry. It is specifically agree that a copy of this Agreement or the substance of the
provisions thereof, may be incor orated by reference into any divorce, judgment, or
decree. This incorporation shall not be regarded as a merger, it being the specific intent
of the parties to permit this Agreement to survive any judgment and to be forever
binding and conclusive upon the
parties.
3
5. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be define as the date upon which it is executed by the parties if
they have each executed the A reement on the same date. Otherwise, the "date of
execution" or "execution date" f this Agreement shall be defined as the date of
execution by the party last exe uting this Agreement. All provisions of this Agreement
shall be effectuated by the part' s within thirty (30) days of the execution date of this
Agreement unless otherwise s cified within this Agreement.
6. MUTUAL RELEASE OF ALL CLAIMS. Other than as provided in this
Agreement, each party may dis ose 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 fut re laws of any jurisdiction to share in the property or
the estate of the other as a res It of the marital relationship, including without limitation,
statutory allowance, widow's all wane, right of intestacy, right to take against the will of
the other, and right to act as ad inistrator or executor in the other's estate. Each will at
the request of the other, executo, acknowledge, and deliver any and all instruments
which may be necessary or adv able to carry into effect this mutual waiver and
relinquishment of all such intere t, rights, and claims.
7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party
warrants that they have not cont acted any debt or liability for the other or which the
estate of the other party may be responsible or liable, and except only for the rights
arising out of this agreement, ne ther party will hereafter incur any liability whatsoever
for which the other party or the tate of the other party, will be liable. Each party
agrees to indemnify or hold ha less from the other and against all future obligations of
4
every kind incurred by them.
The parties agree as
(a) Wife agrees that
and therefore ag
and obligations.
ors regarding the debts:
following debts are her own personal responsibility
to completely and finally pay on the following debts
(1) Any and ?I debts In her name alone or incurred by her after
the sepa tion date of January 1, 2006.
(2) The Bank f America Visa Platinum Reserve Credit Card, with
an account number ending in 7242.
(3) The Wells
9082.
(4) The Univi
ending in
(b) Husband agrees {
responsibility and
following debts ai
(1) Any and a
the sepan
(2) The C
1235.
(3) The Chase
6197.
(c) The parties shall
8. EQUITABLE 13I1
Credit Card with an account number ending in
of Minnesota Visa, with an account number
at the following debts are his own personal
ierefore agrees to completely and finally pay on the
obligations.
debts in his name alone or incurred by him after
on date of January 1, 2006.
One credit card, with an account number ending in
account with an account number ending in
any accounts, if any, held in joint names.
The parties have
attempted to distribute their ma al property in a manner which conforms to the criteria
set forth in the Divorce Code at J3 Pa.C.S.A. §3501 et. seq. The division of existing
marital property is not intended y the parties to constitute in any way a sale or
exchange of assets, and the divi ion is being effected without the introduction of outside
funds or other property not cons 'tuting marital property. The division of property under
5
this Agreement shall be in full satisfaction of all the marital rights of the parties.
9. BANKRUPTCY. The parties further warrant that they have not heretofore
instituted any proceedings pu uant to the bankruptcy laws nor are there any such
proceedings pending with resp ct to them which have been initiated by others. It is
stipulated and agreed by the p rties that the terms of this Agreement, as they resolve
the economic issues between t e parties incidental to their divorce and the obligations
of the parties to each other resulting therefrom, shall not be dischargeable in
bankruptcy, should either party ile for protection under the Bankruptcy Code at any time
after the date of execution of th Agreement. Should Husband or Wife pursue an
action in bankruptcy and be su cessful in extinguishing his obligation to pay any debts
for which he has assumed sole bligation as set forth herein, he or she shall
immediately be obligated to pa alimony to the other party in an amount equal to the
monthly obligation on such debt that he or she otherwise had assumed and for which
he had taken sole obligation an responsibility, plus an additional fifteen percent (15%)
in consideration of the tax cons quences associated with receipt of alimony.
10. OTHER PERSON L PROPERTY. Husband and Wife do hereby
acknowledge that they have pre iously divided all their tangible personal property.
Except as may otherwise be pro ided in this Agreement, Wife agrees that all of the
property of Husband or in his po session shall be the sole and separate property of
Husband; and Husband agrees hat all of the property of Wife or in her possession shall
be the sole and separate prope of Wife. The parties do hereby specifically waive,
release, renounce, and forever bandon whatever claim, if any, he or she may have
with respect to the above items, which shall become the sole and separate property of
6
the other.
Husband shall n
shall be respons
pictures. Husba
11. VEHICLES. Witt
parties, they agree as follows:
(a) The 2002 Honda
exclusive propel
(b) 1993 Saturn SA
remain the sole
The titles to the said
appropriate, for effecting tra
date of this Agreement, and
on the distribution date. U
agrees to be solely responsible
her respective automobiles.
12. REAL ESTATE A
owned a jointly titled marital
Ive one-half of the pictures of the children and
ik for any copying costs associated with these
shall receive the two silver setttings.
respect to these items, owned by one or both of the
lyessey shall be and remain the sole and
of Wife.
Wagon, and Kawasaki motorcycle shall be and
nd exclusive property of Husband.
)r vehicles shall be executed by the parties, if
r as herein provided, within thirty days of the execution
I executed titles shall be delivered to the proper parties
otherwise provided in this Agreement, each party
for the amounts presently due and owing against his or
ESCROW ACCOUNT. The parties previously
located at 2 Baird Court, Carlisle, Pennsylvania. This
home was sold in May 2006 and the proceeds were placed in an escrow account with
Orrstown Bank. The escrow
approximately $117,000.00 in
parties agree as follows:
(a) Immediately
amount of
;7,533.
it is Attorney Carol Lindsay. There is currently
escrow account. Regarding these proceeds, the
execution of this agreement, Wife shall receive the
.00 and Husband shall receive the amount of
7
(b) In addition, each party shall receive 50% of the remaining balance in
the escrow acc unt. The additional amount to be paid to each party
equals 50% of: he current balance of the account minus $31,990.00.
(c) Counsel shall confirm the amounts due to each party and upon
confirmation, shall promptly forward funds to the parties.
(d) The parties shad cooperate In executing any documentation
necessary toe ctuate these transactions.
13. MUTUAL WAIVJR OF EMPLOYMENT BENEFITS. Other than as
provided within, the parties agrO to waive any and all rights they have in and to each
other's employment benefits, including but not limited to both parties IRA's, 401(k)'s,
stock savings plans, pensions, hand retirement plans and Incentive Savings Plans. The
parties agree never to assume Zany claim to such benefits of the other at any time in the
future.
Within two (2) days of
statement from his red
Decree, the parties wil
Domestic Relations Or
the transfer of the am
$35,632.00 plus the Intl
parties shall cooperate
this transaction and sh
of this transaction. Sh,
necessary to facilitate I
within 60 days of the di
Interest per annum on
until the rollover is efk
have enough funds for
cash no later than 10 d
continue to apply to thi
his agreement, Husband shall provide a current
ement accounts. Upon entry of the final Divorce
cooperate in the preparation and filing of a Qualified
ler, and any other documents which shall effectuate
ant of $40,717.00, which is the marital portion of
rest earned on the account since separation. The
In the preparation of any documents pursuant to
all equally share any expanses Incurred as a result
wid Husband fail to provide the information
he transfer and the funds are not transferred to Wife
its of this Agreement, then Me shall receive 6%
he rollover amount from the date of this Agreement
cted. In the event the retirement accounts do not
transfer, Husband shall pay the balance owed in
sys after the roil over. All Interest provisions will
a cash payment.
8
14. ALIMONY. ALIMONY PENDENTE LITE and _LEGAL FEES. Other than
as provided within, each party thereby waives any right to spousal support, alimony, or
alimony pendente lite, counsel fees and costs, and each party agrees to be responsible
for his or her own legal fees ano expenses. The parties herein acknowledge that by this
Agreement, they have respectively secured and maintained a substantial and adequate
fund with which to provide for themselves sufficient financial resources to provide for
their comfort, maintenance, and support in the station of life to which they are
accustomed.
All alimony to be paid under this Agreement shall terminate upon the recipient's
remarriage or cohabitation with 0 person of the opposite sex. For purposes of this
paragraph, a cohabitation arrangement means two persons living in the same residence
in the same or similar relationshhp as would a married couple, but without the benefit of
a legal marriage. Wife agrees to notify Husband within five (5) days of when her
remarriage or cohabitation
by Husband as well as his legal
There is currently an Or
No. 839108220, which p
Immediately upon entry
terminate and Husband
alimony for sixty month
necessary, the parties %
and Order to effectuate
associated with the prey
prepared by Wife's coui
15. TAXES. The
returns. The parties intend on
property pursuant to this
and to refund to him any overpayments made to her
if any are incurred when recovering overpayment.
der entered in Cumberland County under Pacses
,ovides for Child Support and Spousal Support.
of a Divorce Decree, Spousal Support shall
shall pay Wife the amount of $235.00 per month in
s. Such alimony shalt be non-modifiable. If
hall cooperate in the preparation of a stipulation
this section. The parties shall divide any expense
?aration of such stipulation, which shall be
have previously filed joint State and Federal Tax
separately from this point forward. The transfers of
are transfers between Husband and Wife incident
9
to their divorce and as such a
transferee's basis in the
immediately before the
for full and adequate
The parties agree that
divided so that cost basis,
liability of all such investments
non-taxable, with no gain or loss recognized. The
shall be the adjusted basis of the transferor
The transfers herein are a division of marital property
and as such will not result in any gift tax liability.
any division of joint accounts, such accounts shall be
basis, holding period, and potential tax recapture
divided equally.
Dependency Exemptio s: Wife shall be entitled to claim Carmen Hershey
as a dependent and Husband shall have the right to claim Simon Hershey as a
deduction for the dependenc exemption for the parties' children under section
152(e) of the Internal Revenu Code of 1954, as amended as long as the parties
share physical custody of the children. Should one party be awarded primary
custody of the child(ren), the rson with primary physical custody shall receive
the exemption.
The parties agree that if
Form 8332 or any other decla
Revenue Service to implement
the other with documentation, if
such document.
16.
No modification or waiver of
signed by both parties, and no
be deemed a waiver of any
Notwithstanding reconciliation
remain in full force and effect
Agreement is null and void.
, he or she will sign the Internal Revenue
required by the Treasury Department or the Internal
agreement. Each party hereby agrees to provide
, within ten (10) days of a request to sign
of the terms hereof shall be valid unless in writing and
of any breach hereof or default hereunder shall
default of the same or similar nature.
the parties, this Agreement shall continue to
a writing signed by the parties stating that this
10
17. MUTUAL COOP RATION. Each party shall, at any time and from time to
time hereafter, take any and all steps and execute, acknowledge, and deliver to the
other party any and all further i struments and/or documents that the other party may
reasonably require for the pu se of giving full force and effect to the provisions of this
Agreement.
18. APPLICABLE LAW. The Agreement shall be construed in accordance
with the laws of the Commonw0alth of Pennsylvania, which are in effect as of the date
of execution of this Agreement.
19. INTEGRATION. his Agreement constitutes the entire understanding of
the parties and supersedes any and all prior agreements or negotiations between them.
There are no representations o warranties other than those expressly set forth herein.
20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that
they will forthwith execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, or
the proper effectuation of this
21. NO WAIVER OI
and effect unless and until
Agreement. The failure of
other writings as may be necessary or desirable for
This Agreement shall remain in full force
under and pursuant to the terms of this
party to insist upon strict performance of any of the
provisions of this Agreement sh :aiver I in no way affect the right of such party hereafter to
enforce the same, nor shall the of any default or breach of any provision hereof
by construed as a waiver of any
nature, not shall it be construed
obligations herein.
default or breach of the same or similar
a waiver or strict performance of any other
11
,
22. SEVERABILITY. If any term, condition, clause, or provision of this
Agreement shall be determine or declared to be void or invalid in law or otherwise,
then only that term, condition,
Agreement; and in all other
force, effect, and operation
obligations under any one or
satisfaction of the conditions
obligations of the parties.
23. BREACH. If eithe
other party shall have the right,
breach, or seek other remedies
breaching this contract should
incurred by the other in enforc
24.
Agreement acknowledges that
subject matter of this Agreeme
fraud, undue influence,
making of this Agreement, has
and completely understands
, or provisions shall be stricken from this
this Agreement shall be valid and continue in full
the failure of any party to meet his or her
of the paragraphs herein, with the exception of the
dent, shall in no way avoid or alter the remaining
party breaches any provisions of this Agreement, the
his or her election, to sue for damages for such
r relief as may be available to him or her, and the party
responsible for payment of legal fees and costs
their rights under this Agreement.
)LUNTARY EXECUTION. Each party to this
or she is fully informed as to the facts relating to the
, is entering into this Agreement voluntarily, free from
or duress of any kind, has given careful thought to the
irefully read each provision of this Agreement, and fully
h provision of this Agreement.
12
IN WITNESS WHEREO , the parties have hereunto set their hands and seals
the day and year first above w en:
WITNESS:
4g??L? .S A V ? -/,, , 4--
'wanne M. Barnhart Laura M. Rumley, Wife
Date: FIA ? l v Date: 4- a7-
1 /
7
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J ne Adams, Esquire - Milton J. Hershey, Vnd
4 S. Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Husband
Date: a' Date:
13
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LAURA M. RUMLEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 06 - 2358 Civil Term
MILTON J. HERSHEY, : IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on April 26, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the
date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of
the decree.
I verify that the statements made in this affidavit are true and correct. 1 also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to
authorities. P
Date:
Milton J. Hershey, Defen
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 63301(c) AND 63301(d) OF THE DIVORCE CODE
1. 1 consent to entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses
if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decrees entered by the Court and that a copy of
the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date:
Vv Milton J. Hershey, fe t
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30,
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LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
: CIVIL ACTION - LAW
: NO. 2006-2358
: IN DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on April 26, 2006.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety
days have elapsed since the date of service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unswom falsification to authorities.
Laura M. Rumley
Dated: -a 7
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LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006-2358
IN DIVORCE
1. 1 consent to the entry of a final decree in divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the' decree will be sent to me immediately after it is filed with
the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unswom falsification to authorities.
Laura M. Rumley
Dated: ?? 7, 0 7
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McNEES WALLACE & NURICK LLC
BY: Debra Denison Cantor
Attorney I.D. No. 66378
100 Pine Street
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 237-5300 facsimile
dcantorO-mwn.com
LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2006-2358
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. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: Complaint served on Milton J.
Hershey on April 26, 2006. An Acceptance of Service was signed by Milton J.
Hershey on May 11, 2006 and filed with the court on May 12, 2006.
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce
Code: by Plaintiff: August 27, 2007; by Defendant: August 27, 2007. Plaintiffs
Affidavit and Defendant's Affidavit are being filed contemporaneously with this
Praecipe.
4. Related claims pending: N/A
5. Date Plaintiffs Waiver of Notice and Defendant's Waiver of Notice are being filed
contemporaneously with this Praecipe.
MCNEES WALLACE & NURICK LLC
B .C
y
Debra D. Cantor
I . D. No. 66378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Plaintiff,
Laura M. Rumley
Date: September 5, 2007
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Praecipe to Transmit was served by first-class mail upon the following:
Jane Adams, Esquire
64 S. Pitt Street
Carlisle, PA 17013
J er L. Keen, arale
Dated: September 5, 2007
C. ? -r7
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IN THE COURT OF COMMON PLEAS
LAURA M. RUMLEY,
Plaintiff
VERSUS
MILTON J. HERSHEY,
Defendant
No. 006 2,358
?
DECREE IN
DIVORCE
AND NOW, Se IZ- , Zao , IT IS ORDERED AND
OF CUMBERLAND COUNTY
STATE OF PENNA.
DECREED THAT
AND
LAURA M. RUMLEY
MILTON J. HERSHEY
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
, DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
BY THE COURT:
.
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A4TE
PROTHONOTARY
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NOV 14 2007
LAURA M. RUMLEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. ; No. 06 - 2358 Civil Term
MILTON J. HERSHEY, : IN DIVORCE
Defendant
DOMESTIg RELATIONS ORDER
AND NOW, this J/-?'Day 2007, pursuant to the
parties' agreement, it is hereby ORDERED and DECREED as follows:
1. Effect of This Order as a Qualified Domestic Relations Order: This Order
creates and recognizes the existence of an Alternate Payee's right to receive a portion
of the Participant's benefits payable under an employer-sponsored defined contribution
plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and
the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to
constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the
Code and Section 206(d)(3) of ERISA.
2. Participant Information: The name, last known address, social security number
and date of birth of the plan "Participant" is:
Name: Milton'J. Hershey, ("Participant")
Address: 134 S.IPitt St., Carlisle, Pa. 17013
Soc.Sec.No: 565-31-0744
Birth Date: July 28, 1960.
Participant's Attorney Information:
Name of Attorney: Jane Adams, Esquire
Address: 64 S. Pitt St., Carlisle, Pa. 17013.
Phone: (717) 245-8508
3. Alternate Payee Information: The name, last known address, social security
number and date of birth of the "Alternate Payee" is:
Name: Laura M. Rumley, ("Alternate Payee")
Address: 551 Willson St., Carlisle, Pa. 17013
Soc.Sec.No. 472-941500
Birth Date: 3/26/64
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Alternate Payee's Attorney Information:
Name of Attorney: Debra, D. Cantor, Esquire
Address: 100 Pine St., P.O. Box 1166, Harrisburg, Pa. 17101
Phone: (717) 237-5478
The Alternate Payee shall have the dluty to notify the plan administrator in writing of any
changes in his/her mailing address subsequent to the entry of this Order.
4. Plan Name: The name of the Flan to which this Order applies is the Cenveo
Corporation 401(k) Savings and Retirement Plan, (hereinafter referred to as "Plan").
Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect
Alternate Payee's rights as stipulated under this Order.
5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to
the authority granted in the applicable domestic relations laws of the State of
Pennsylvania.
6. For Provision of Marital Pro erty Rights and/or Spousal Support: This
Order relates to the provision of marital property right, to the Alternate Payee as a result
of the marriage settlement agreemen! between Participant and Alternate Payee, and the
subsequent Decree in Divorce, which) was entered on September 12, 2007.
7. Amount of Alternate Payee's Benefit (Fixed Dollar Basis): This Order
assigns to Alternate Payee a portion Of the Participant's Total Account Balance
accumulated under the Plan in an amount equal to $15,130.06, which was the amount
present in the account as of June 30,1; 2007. Alternative payee shall not be entitled to
any interest/investment earnings or lasses attributable thereon for periods subsequent
to June 30, 2007, until the date of total distribution.
In the event the Alternate Payee does not elect an immediate distribution, his/her share
of the benefits described above shall be segregated and separately maintained in
Account(s) established on his/her behalf and shall additionally be credited with any
interest/investment earnings or losses attributable thereon after the separation date until
the date of total distribution. The Altekrnate Payee's share of the benefits shall be
allocated on a "pro-rata" basis among all of the accounts and/or investment funds
maintained on behalf of the Participant under the Plan.
8. Commencement Date and Fi
Alternate Payee so elects, he/she sh
administratively feasible following the
Plan Administrator, or at the earliest
Internal Revenue Code, if later. Ben
form or permissible option otherwise
under the terms of the Plan, includinc
payment.
rm of Payment to Alternate Payee: If the
II be paid his/her benefits as soon as
date this Order is approved as a QDRO by the
ate permitted under Plan or Section 414(p) of the
fits will be payable to the Alternate Payee in any
available to participants and alternate payee's
but not limited to, a single lump-sum cash
9. Alternate Payee's Rights and Privileges: On and after the date that this Order
is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee
receives his/her total distribution under the Plan, the Alternate Payee shall be entitled to
all of the rights and election privileges that are afforded to plan beneficiaries, including,
but not limited to, the rules regarding the right to designate a beneficiary for death
benefit purposes.
10. Death of Alternate Payee: In the event of Alternate Payee's death prior to
his/her receiving the full amount of benefits called for under this Order and under the
benefit option chosen by Alternate Payee, such Alternate Payee's beneficiary(ies), as
designated on the appropriate form provided by the Plan Administrator (or in the
absence of a beneficiary designation, his/her estate), shall receive the remainder of any
unpaid benefits under the terms of this Order, and in accordance with the benefit option
selected by Alternate Payee.
11. Death of Participant: In the event that the Participant dies prior to the
establishment of a separate Account in the name of the Alternate Payee, such Alternate
Payee shall be treated as the surviving spouse of the Participant for any death benefits
payable under the Plan to the extent Of the full amount of his/her benefits as called for
under Paragraph 7 of this Order. Should the Participant predecease the Alternate
Payee after the new Account has be n established on his/her behalf, such Participant's
death shall in no way affect Alternate Payee's right to the portion of his/her benefits as
stipulated herein.
12. Savings Clause: This Order is not intended, and shall not be construed in such
a manner as to require the Plan:
(a) to provide any type or form of benefit option not otherwise provided under the
terms of the Plan;
(b) to require the Plan to provide increased benefits determined on the basis of
actuarial value; or
(c) to require the payment of any benefits to the Alternate Payee which are required
to be paid to another alternate payee under another order which was previously
deemed to be a QDRO.
13. Certification of Necessary In All payments made pursuant to this
Order shall be conditioned on the certification by the Alternate Payee and the
Participant to the Plan Administrator of such information as the Plan Administrator may
reasonably require from such parties to make the necessary calculation of the benefit
amounts contained herein.
14. Continued Qualified Status of Order: It is the intention of the parties that this
QDRO continue to qualify as a QDROI,under Section 414(p) of the Internal Revenue
Code, as it may be amended from time to time, and that the Plan Administrator shall
reserve the right to reconfirm the qualified status of the Order at the time benefits
become payable hereunder.
15. Tax Treatment of Distributions Made Under this Order: For purposes of
' Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is
the spouse or former spouse of the Participant shall be treated as the distributee of any
distribution or payments made to the'Alternate Payee under the terms of this Order, and
as such, will be required to pay the appropriate federal income taxes on such
distribution.
16. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this
Order to the extent required to maintain its qualified status and the original intent of the
parties as stipulated herein.
17. Debit of Participant's Account for Administrative Expenses: Effective
January 1, 2006, when the Plan Administrator receives a proposed QDRO, a separate,
one-time QDRO processing fee will be charged to the Participant's account under the
Plan. Specifically, an amount equal to $300.00 will be applied on an equal basis to
reduce (1) the amount to be segregated from the Participant's account for the benefit of
the Alternate Payee and (2) the Participant's account balance which will remain after the
segregation pursuant to the QDRO.
WIT ES S:
aura M. Rumley, Altern yee Milton J. Hersh Partici nt
De antor, Esquire
100 Pine Street
Harrisburg, Pa. 17108
(717) 237-5297
Attorney for Alternate Payee
Date: 1 1 ` 1 '
- - - , qZ&N00,__
e Adams, Esquire
S. Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Participant
Date: to a3/07
BY THE COURT:
J.
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cc: Yebra D. Cantor, Esquire
VYane Adams, Esquire
i
AmeripriseQDRO.wpd
LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 06 - 2358 Civil Term
IN DIVORCE
DOMESTIC RELATIONS ORDER
AND NOW, this I I [? Day of M o v • , 2007, pursuant to the
parties agreement, it is hereby ORDERED and DECREED as follows:
1. Identification of Parties:
Participant Information: The name, last known address, social security number
and date of birth of the plan "Participant" is:
Name: Milton J. Hershey, ("Participant")
Address: 134 S. Pitt St., Carlisle, Pa. 17013
Soc.Sec.No: 565-31+0744
Birth Date: July 28, 1960.
Alternate Payee Information: The name, last known address, social security
number and date of birth of the "Alternate Payee" is:
Name: Laura M. Rumley, ("Alternate Payee")
Address: 551 Wilson St., Carlisle, Pa. 17013
Soc.Sec. No: 472-94-1500
Birth Date: March 26, 1964.
The Alternate Payee shall have the duly to notify the plan administrator in writing of any
changes in his/her mailing address subsequent to the entry of this Order.
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2. Plan Name: The name of the Plan to which this Order applies is the Ameriprise
Financial Retirement Plan (hereinafter referred to as "Plan").
3. Plan Sponsor: The Plan Sponsor is Ameriprise, Financial, Inc.
4. Committee: The Plan Committee is:
Ameriprise Financial Employee Benefits Administration Committee
Wachovia Bank, N.A.
901 Marquette Avenue, Suite 500
Minneapolis, MN 55402
Attn: QDRO Administrator
5. Award to Alternate Payee:
a. Alternate Payee will obtain $25,586.94 of the value of the Participant's vested
accrued benefit expressed as the Defined Benefit Account Balance under the
Plan, determined as of June 30, 2007. Such amount will not be increased by the
interest crediting factor determined under the Plan for the period of time from the
date of determination to the date that the Alternate Payee receives a distribution
from the Plan.
b. The calculated award determined above shall be reflected as a separate
Defined Benefit Account Balance under the Plan in the name of the Alternate
Payee as soon as administratively feasible. The interest experienced by such
Defined Benefit Account Balance maintained for the Alternate Payee is to accrue
to such account.
c. If the assigned amount is $1000.00 or less, Wachovia Bank, N.A., will forward
a distribution form to the Alternate Payee as soon as administratively feasible
after the date of assignment of the calculated award to the separate Defined
Benefit Account Balance in the Alternate Payee's name under the Plan.
d. After assignment of the calculated award to the Alternate Payee's Defined
Benefit Account Balance under the Plan, the Participant shall be awarded all
right, title and interest in and to the Participant's accrued benefits, as reduced
above, under the Plan free and clear of any interest of the Alternate Payee.
e. In the event of the Alternate Payee's death prior to the Alternate Payee
receiving the calculated award called for under this Order, such Alternate
Payee's beneficiary(ies), or in the absence of a beneficiary designation, her
estate, shall receive the remainder of any unpaid benefits under the terms of this
Order.
f. In the event that the Participant dies before the Alternate Payee receives her
distribution in accordance with the terms of this QDRO, or before the
establishment of separate account(s) in the name of Alternate Pyee, such
Alternate Payee shall be treated as the surviving spouse of the Participant for
any death benefits payable under the Plan to the extent of the full amount of her
calculated award as stipulated herein. Should the Participant predecease the
Alternate Payee after the separate account(s) have been established on her
behalf, such Participant's death shall not affect the Alternate Payee's right to the
portion of her calculated award as stipulated herein.
6. Compliance with the Provisions of the Law:
a. It is this Court's intention that the provisions of this Order operate as an
effective assignment of said interest under both state and federal law, for all
purposes, and shall constitute a "Qualified Domestic Relations Order', in
compliance with Section 414(p) of the Internal Revenue Code of 1986, as
amended, and Section 206(d)(3) of the Employee Retirement Income Security
Act of 1974, as amended. This QDRO is granted in accordance with the
Pennsylvania Divorce Code, which relates to marital property rights, child
support, and/or spousal support between spouses and former spouses in
matrimonial actions. In the event that it is subsequently determined by the
Committee for the Plan, by a court of competent jurisdiction, or otherwise, that
the provisions of this Order fail to meet the requirements of a "Qualified Domestic
Relations Order', both parties shall cooperate fully and shall execute any and all
documents necessary to obtain an Amended Judgment and Decree containing
an Order of this Court, meeting: all requirements of a "Qualified Domestic
Relations Order', and this Court expressly reserves jurisdiction over the
Participant's benefits in the above named Plan as of the date of the entry of the
Judgment and Decree, in order to effectuate the assignment of benefits ordered
above. This Order supersedes all previously filed Orders in this matter relating to
this subject.
7. Savings Clause:
This Order is not intended, and shall not be construed in such a manner as,
to require the Plan to:
(a) to provide any type or form of benefit option not otherwise provided
under the terms of the Plan;
(b) to increase benefits, other than through the accumulation of earnings;
(c) to require the payment of any benefits to the Alternate Payee which are required
to be paid to another alternate payee under another order which was previously
deemed to be a QDRO.
8. Plan Adminstration/Recovery of Excess Amounts:
a. The Alternate Payee is ordered to report any retirement payments received on
any applicable income tax return. The Plan Trustee is authorized to issue a
Form 1099-R on any direct payments made to the Alternate Payee.
b. The Alternate Payee shall keep Ameriprise Financial, Inc., informed of his or
her current address. Notice of change of address shall be made in writing,
witnessed by a Notary, and mailed to:
Wachovia Bank, N.A.
Attn: QDRO Administrator
901 Marquette Avenue, Suite 500
Minneapolis, MN 55402
c. In the event that the Plan Trustee inadvertently pays to the Participant any
benefits that are assigned to the Alternate Payee pursuant to the terms of this
Order, the Participant shall immediately reimburse the Alternate Payee to the
extent that he or she has received such benefit payment and shall forthwith pay
such amount so received directly to the Alternate Payee within ten (10) days of
receipt.
d. The Participant and the Alternate Payee shall hold the Plan, Ameriprise
Financial, Inc., and any fiduciary harmless from any liabilities, which arise from
this Domestic Relations Order, including all reasonable attorney's fees which
may be incurred in connection with any claims which are asserted because the
Plan honors this Order.
9. Waiver of Comment Period. The Participant and Alternate Payee waive the 30-
day comment period for submitting objections to the Order.
Lira M. Rumley, Alterate Paye
WITNESS:
Milton . Hers , karticipant
ntor, Esquire
100 Pine Street
Harrisburg, Pa. 17108
(717) 237-5297
Attorney for Alternate Payee
Date:
qSne. dams, Esquire
Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Participant
Date: 1043 /O 7
BY THE COURT:
cc:
,Debra D. Cantor, Esquire
,Jane Adams, Esquire
LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-2358 CIVIL TERM
MILTON J. HERSHEY,
Defendant IN CUSTODY
CUSTODY STIPULATION
This Stipulation and Custody Agreement is made this 17th day of January, 2008, by
and between LAURA M. RUMLEY, (Hereinafter referred to as "Mother"), of Carlisle,
Cumberland County, Pennsylvania, and MILTON J. HERSHEY, (Hereinafter referred to as
"Father"), of Carlisle, Cumberland County, Pennsylvania;
WHEREAS, Mother and Father are the natural parents of two children, namely,
Simon John Rumley Hershey, date of birth, 2/10/96 (11), and Carmen Sophia Rumley
Hershey, date of birth, 10/30/02 (5);
WHEREAS, Mother and Father have reached an agreement relative to the future
care, custody, and visitation of their children, the terms of which agreement both parties
desire to set forth in the present Stipulation and Custody Agreement, and;
WHEREAS, Mother and Father desire the provisions of the present Stipulation and
Custody Agreement be approved by the Honorable Court of Common Pleas of
Cumberland County and entered as a Court Order, with the same force and effect as
though said Order had been entered after Petition, Notice and Hearing. This Stipulation is
intended to replace the Stipulation and Custody Agreement dated October 16, 2006,
entered, and incorporated into an Order of this Court on October 20, 2006.
NOW THEREFORE, the parties, intending to be legally bound, and in consideration
of the mutual promises and agreements contained herein, hereby agree as follows:
1. Legal Custody. Mother and Father shall have joint legal custody of their
children. Joint legal custody means both parents have the right to control and share in
making decisions of importance in the life of their children, including educational, medical,
and religious decisions. Both parents shall be entitled to equal access to each child's
school, medical, dental, and other important records.
As soon as practicable after the receipt by a party, copies of a child's school
schedules, special events notifications, report cards, and similar items shall be provided to
the other party. Each shall notify the other party of any medical, dental, optical and other
appointments of a child with healthcare providers, sufficiently in advance thereof so that
the other party can attend.
Notwithstanding that both parents shall share legal custody, non-major decisions
involving the child's day-to-day living shall be made by the parent then having physical
custody, consistent with the other provisions of this Agreement and subsequent Order.
2. Physical Custody. Physical Custody of the children, as that term is defined
in the custody act, shall be shared, as set forth below, between Mother and Father.
a. School Year. Father shall have custody every Monday and Tuesday.
Mother shall have custody every Wednesday and Thursday. The parties shall alternate
each weekend from Friday after school/daycare to Monday a.m. to school or daycare.
The parent relinquishing custody shall do so in the a.m. to school or daycare.
b. Summer.
L Each summer, Simon shall be permitted to spend three weeks
with the maternal grandparents and paternal grandparent. Mother will notify Father of the
scheduled dates 60 days in advance in writing. Father will notify Mother of the scheduled
dates 60 days in advance in writing. Carmen shall be included in this provision when
Mother and Father agree such extended visits are age appropriate.
ii. The balance of the summer, after such visits, shall be divided
equally between the parties.
3. Vacation. Both parents will have two (2) non-consecutive weeks of vacation
with the dates for each provided to the other parent in writing sixty (60) days in advance of
the time of the vacation. Vacation will be accommodated on a first come basis. These
are exclusive of Holiday schedules.
4. Holidays
a. Thanksgiving. The Thanksgiving holiday shall be defined at the end
of school on Wednesday through Monday at 5:00 p.m. Mother shall have Thanksgiving in
even numbered years and Father shall have Thanksgiving on odd numbered years.
b. Christmas: The Christmas Holiday shall be alternated between
Mother and Father. Schedule A shall be defined as the evening of the last day of school
prior to holiday break until December 27 at 3:00 p.m. Schedule B shall be defined as
December 27 at 3:00 p.m. through the remainder of the holiday. Father shall have
Schedule A in even numbered years and Mother shall have Schedule B in even numbered
years. The parties shall alternate thereafter.
C. Easter: The parties shall alternate the Easter Holiday with Father
having even numbered years and Mother having odd numbered years. This holiday shall
be defined as the beginning of the Easter recess through the end of Easter recess.
d. Memorial Dav Labor Day and 4th of July: The parties shall alternate
Memorial Day, Labor Day and Fourth of July, which shall be defined as 9:00 a.m. to 5:00
p.m. Father will have the children in even numbered years. Mother will have the children
in odd numbered years.
e. Mother's Day/Father's Day: Mother's Day shall always be spent with
Mother. Father's Day shall always be spent with Father. Each day shall be defined as
Saturday, prior to the holiday at 4:00 p.m. until the next regularly scheduled turnover day.
f. Parents' Birthdays: March 26 always will always be spent with
Mother. July 28 will always be spent with Father. This shall be defined as from 4:00 p.m.
on the day before the parents' birthday until the next regularly scheduled turnover day.
g. Childrens' Birthdays: Father shall have children on their birthdays
(overnight) in even numbered years, and Mother shall have the children on their birthdays
(overnight) in odd numbered years.
5. Transportation. The parents will share transportation with the parent
relinquishing custody of the children providing transportation for custodial access.
6. Illness of a Child. Emergency decisions regarding a child shall be made by
the parent then having custody. However, in the event of any emergency or serious
illness of a child at any time, any party then having custody of the child shall communicate
with the other party by telephone or any other means practicable, informing the other party
of the nature of the illness or emergency, so the other parent can become involved in the
decision making process as soon as possible. The term "serious illness" as used herein
shall mean any disability which confines a child to bed for a period in excess of seventy-
two (72) hours and which places the child under the direction of a licensed physician.
During such illness, each party shall have the right to visit the child as often as he or she
desires, consistent with the medical care of the child. In the event a child is ill and cannot
attend school, or school is closed due to weather, childcare during school hours shall be
arranged by the parent responsible for that day's evening pick-up. The relinquishing
parent shall notify the other parent as soon as practicable of the child's illness.
7. Right of first refusal. The right of first refusal to care for the children is
provided to the non-custodial parent when the parent is unavailable for more than four
hours.
8. Child care providers: Mother and Father shall make every effort to agree
on child care providers. When requested, each parent is required to share the names,
addresses, and phone numbers of those caring for the children in the custodial parent's
absence.
9. In the event the custodial parent wishes to travel out of the state of
Pennsylvania for more than 36 hours with the children, written permission must be
obtained from the other parent.
10. Travel Schedule. The right of first refusal to care for the children is
provided to the non-custodial parent when the custodial parent is unavailable overnight. If
a parent's travel schedule does not coincide with their custody schedule and is subject to
change, parent relinquishes their custodial time when they travel over-night during
custodial time. The children are not required to shift and adjust their schedules to
change, parent relinquishes their custodial time when they travel over-night during
custodial time. The children are not required to shift and adjust their schedules to
accommodate parent's travel, whether for business or pleasure.
11. Disparaaina Remarks. Neither Mother nor Father shall make any
disparaging remarks regarding the other parent in the present of the children, such as
those that might tend to alienate the affections of the children toward the other parent.
Also, each parent shall inform relatives and friends to also refrain from making any
disparaging remarks regarding either parent in the presence of the children.
12. Binding Effect and Modification of Order. This Agreement and all of its
terms and conditions shall extend to and be binding upon the parties hereto and their
respective heirs, personal representatives, and assigns. The parties are free to modify the
terms of this Agreement but in order to do so both parties must be in complete agreement
to any new terms. That means both parties must consent on what the new terms of the
custody arrangement or visitation schedule shall be.
13 Governina Law. This Agreement shall be governed and controlled by the
laws of Pennsylvania.
14. Enforcement. This Agreement shall be adopted as an Order of Court
without the necessity of a Court hearing.
IN WITNESS WHEREOF, Counsel for the parties hereto have set their hands and
seals the date and year written above.
Laura M. Rumley
Dated: ! - l 7 _
Milton J. H rshey
Dated:
i
Fri
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r".3
JAN Z Z 2008
LAURA M. RUMLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-2358 CIVIL ACTION - LAW
MILTON J. HERSHEY,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this 18th day of January, 2008, being advised that the parties have
reached a stipulated agreement, the Conciliator hereby relinquishes jurisdiction in this
matter.
FOR THE COURT,
?"J" A vt"' ,
cqu ne M. Verney, Esquire, Custo Conciliator
Co
JANE 8 app6?r
LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 06-2358 CIVIL TERM
MILTON J. HERSHEY,
Defendant IN CUSTODY
ORDER
AND NOW, this day of 2008, having reviewed the
attached stipulation and agreement between the parties it is hereby ORDERED and
DECREED as follows:
1. Laura M. Rumley and Milton J Hershey shall share legal custody of their
children, Simon John Rumley Hershey and Carmen Sophia Rumlley Hershey.
2. Laura M. Rumley and Milton J Hershey shall share physical custody of their
children, Simon John Rumley Hershey and Carmen Sophia Rurrtiley Hershey according to
the schedule in the Stipulation dated January 17, 2008.
3. The Stipulation shall be entered and incorporated intothis Order.
Distribution:
Debra D. Cantor, Esquire
McNees Wallace & Nurick LLC
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5297 (phone)
(717) 260-1667 (fax)
dcantor@mwn.com
Attorneys for Plaintiff
06 1£-s /Y2-'II LECL
mane Adams, Esquire
64 S. Pitt Street
Carlisle, PA 170 3
(717) 245-8508 phone)
(717) 243-9200 fax)
esoadams0aol. om
Attorneys for De?endant
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III v r el to ot,
McNees Wallace & Nurick LLC
Debra D. Cantor, Esquire
Attorney ID No.: 66378
100 Pine Street
P. O. Box 1166
Harrisburg, PA 17108
(717) 237-5297
(717) 260-1667 (fax)
dcantor(a-)-mwn.com
LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 06-2358 CIVIL TERM
V.
MILTON J. HERSHEY,
: IN CUSTODY
Defendant
PETITION FOR SPECIAL RELIEF
AND NOW, comes Plaintiff, Laura M. Rumley, by and through her counsel,
McNees Wallace & Nurick LLC, and requests special relief as follows:
1. Plaintiff is Laura M. Rumley, an adult individual residing at 551 Wilson
Street, Carlisle, PA 17013.
2. Respondent is Milton J. Hershey, an adult individual residing at 134 S. Pitt
Street, Carlisle, PA 17013.
3. The parties are the natural parents of two minor children, namely Simon
John Rumley Hershey, date of birth: February 10, 1996, and Carmen Sophia Rumley
Hershey, date of birth: October 30, 2002.
4. The original action for custody was filed in this matter on September 27,
2006.
5. The parties physically separated on February 23, 2006.
6. Pursuant to an Order dated January 18, 2008, the parties share physical
custody of their minor children.
7. Carmen has been enrolled in the Dickinson College Children's Center
since January 31, 2005 and has thrived in the environment. It was the parties' decision
while they were married to enroll her in the Dickinson College Children's Center and to
have her attend kindergarten at the Dickinson College Children's Center. It is a full day
kindergarten program from 9:00 a.m. to 3:00 p.m. Dickinson College Children's Center
also provides daycare on site after the end of school. Since separation, the parties
have both worked full time and the schedule for Dickinson College Children's Center
has been suitable to both.
8. In exploring the decision to select Dickinson College Children's Center, the
parties reviewed other options, including Little Angels Preschool, Carlisle YMCA,
KinderCare, Hildebrant, Cumberland County Daycare, Small Steps Daycare and
ChildTime Daycare.
9. Prior to the parties' separation, they had agreed that Carmen would attend
Dickinson College Children's Center for kindergarten, and in fact it was Respondent's
desire that she attend kindergarten for the 2007-2008 school year. However, this was
deferred due to her age.
10. Contrary to this agreement, Father has unilaterally enrolled Carmen in
kindergarten at the Mooreland School, Carlisle School District. This enrollment was
done without knowledge or consent of Mother.
11. It appears that Father is now opposed to Carmen's attendance at
Dickinson College Children's Center because he has been banned from school property
due to his own behavior.
12. At the end of January 2008, Respondent appeared at the Dickinson
College Children's Center with Carmen. He attempted to drop Carmen off contrary to
the school's rules. When he was denied the ability to drop Carmen off, he became
agitated and threatening and verbally assaulted several teachers.
13. Mother was able to work out an arrangement where Carmen was allowed
to remain at Dickinson College Children's Center so as to provide her with stability.
14. As a result of this behavior, Father has been banned from entering the
daycare facility and therefore had to make other transportation arrangements for his
daughter.
15. The parties agreed upon plan should not be changed as a result of
Father's behavior towards others.
16. Petitioner wishes to have this decision made now, so that the kindergarten
issue is not disruptive to family life during the summer.
WHEREFORE, Petitioner, Laura M. Rumley, requests this Honorable Court to
enter an Order requiring that Carmen attend kindergarten and daycare at the Dickinson
College Childrens Center.
Respectfully submitted,
McNEES WALLACE & NURICK LLC
By
n Cantor
De Men
I.D. 8
0 Pine Street
10
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
Attorneys for Petitioner,
Laura M. Rumley
Dated: May 1? , 2008
VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification
to authorities, I hereby certify that the facts set forth in the foregoing document are true
and correct to the best of my information and belief.
4-'Jura M. Rumley
44!--Z
Dated: May /3 , 2008
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
document was served by first-class mail, postage prepaid, upon the following:
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
J nne M. Barn art
Dated: May/&, 2008
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LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MILTON J. HERSHEY,
Defendant NO. 06-2358 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 28`x' day of May, 2008, upon consideration of Plaintiff's Petition
for Special Relief, this matter is referred to the custody conciliation process pursuant to
C.C.R.P. 1915.12-1, and the Court Administrator is requested to facilitate this referral.
BY THE COURT,
Debra Denison Cantor
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
/Attorney for Plaintiff
Jane Adams, Esq.
17 West South Street
Carlisle, PA 17013
Attorney for Defendant
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LAURA M. RUMLEY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA
V.
MILTON J. HERSHEY
DEFENDANT
2006-2358 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, June 30, 2008 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 14, 2008 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ ac ueline M. Verne Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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LAURA M. RUMLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2006-2358 CIVIL ACTION - LAW
MILTON J. HERSHEY,
Defendant : IN CUSTODY
ORDER OF COURT
a v pon
AND NOW, this L ` ay of 2008,u
consideration of the attached Custody Conciliation Report, It is ordered and directed as
follows:
1. A Hearing is scheduled in Court Room No. of the Cumberland
County Court House, on the day of d4t& ,,j, , 2008, at . 0
o'clock, A . M., at which time testimony will be taken. For purposes of this Hearing,
the Mother shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least five days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the Order of
Court dated January 18, 2008 shall remain in full force and effect with the following
addition.
3. The child, Carmen Sophia Rumley Hershey, born October 30, 2002 shall
attend kindergarten at Dickinson College Children's Center for the school year 2007-
2008.
4. Mother shall provide any and all information regarding the program, along
with curriculum and lesson plans.
5. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
cc: bra D. Cantor, Esquire, counsel for
Milton J. Hershey, pro se
134 S. Pitt Street
Carlisle, PA 17013
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LAURA M. RUMLEY,
Plaintiff
V.
MILTON J. HERSHEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-2358 CIVIL ACTION - LAW
: IN CUSTODY
PRIOR JUDGE: J. Wesley Oler, Jr., J.
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Carmen Sophia Rumley Hershey October 30, 2002 shared
2. A Conciliation Conference was held July 14, 2008 with the following
individuals in attendance: The Mother, Laura M. Rumley, with her counsel, Debra D.
Cantor, Esquire, and the Father, Milton J. Hershey, pro se.
3. The Honorable J. Wesley Oler, Jr. previously entered Orders of Court
dated May 28, 2008 and January 18, 2008 providing for shared legal custody and shared
physical custody.
4. Mother's position on custody is as follows: Mother seeks to send the child
to Dickinson College Children's Center (DCCC) for full day kindergarten. DCCC
provides on site before and after school day care. The child has been attending the day
care program at this facility. Mother asserts that Father is not permitted contact or
communication with DCCC because of a previous verbal altercation.
5. Father's position on custody is as follows: Father seeks to send the child to
Moreland kindergarten. The Moreland kindergarten is a'/Z day program. Father suggests
that the parties obtain their respective before and after school day care for the child.
Father asserts that Moreland has an excellent K-5 program and this is where the child will
attend 1St grade. Father believes that child will be happier at Moreland.
6. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and recommending that the child attend DCCC kindergarten based on the fact
that it is a full day program and provides on-site before and after school day care. It is
expected that the Hearing will require one-half day.
1-11-off
Date
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Custody Conciliator
I
LAURA M. RUMLEY,
Plaintiff
v
MILTON J. HERSHEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-2358 CIVIL TERM
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 20th day of October, 2008, upon
consideration of Plaintiff's Petition for Special Relief,
and the Defendant, Milton J. Hershey, now appearing in court
representing himself, and the Plaintiff, Laura M. Rumley,
now appearing in court represented by Cheryl B. Krentzman,
Esquire, and both parties having indicated that they regard
the present arrangement with respect to kindergarten to be
in the child's best interests, but the Defendant having
alleged that this decision was not initially made with his
input, and having indicated that he does not believe he
should be required to contribute to the costs of this
education, and it appearing to the Court that this
particular issue is one for the Domestic Relations Office
rather than the custody court, the Petition for Special
Relief is granted to the extent that it requests attendance
by the parties' child at the Dickinson College Children's
Center, without prejudice to Defendant's right to petition
for a modification of the support order with respect to the
child based upon his contention that he should not be
required to contribute to the costs of this particular
educational facility.
By the Court,
? hervl B. Krentzman, Esquire
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
For Plaintiff
?;ilton J. Hershey, pro se
1341 South Pitt Street
ariisle, PA 17013
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LAURA M. RUMLEY, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION -LAW
V.
NO. 2006-2358
MILTON J. HERSHEY,
IN DIVORCE
Defendant
STIPULATION
AND NOW, come Plaintiff, Laura M. Rumley (hereinafter "Plaintiff'), by and through
her counsel, McNees Wallace & Nurick LLC, and Milton S. Hershey (hereinafter
"Defendant"), who is Pro Se, and files the following Stipulation:
1. Plaintiff and Defendant were married on September 10, 1993 and divorced
on September 12, 2007.
2. The parties executed a Marital Settlement Agreement, dated August 27, 2007
wherein Defendant agreed to the payment of alimony in the amount of $235.00 per month
for sixty (60) months.
3. Alimony was paid under the spousal support caption at PACKS Case No.
839108220, Docket No. 00351 S 2006, until December 2, 2008. A credit appears on this
caption for this alimony amount of $3,329.96.
4. No alimony payments have been made since that date resulting in an
arrearage balance of $813.46 through March 31, 2008.
5. The parties agree that an Alimony Order shall be entered effective August 27,
2007 under the divorce caption. The credits attributed to spousal support shall be
transferred from PACSES Case No. 839108220 to the alimony caption.
6. Defendant shall pay all arrears within seven (7) days of the entry of this Order
via PASCDU.
7. Beginning April 1, 2009, Defendant shall be wage attached for the alimony
amount on a bi-weekly basis in the amount of $108.46.
8. Alimony shall terminate sixty months from August 27, 2007.
WHEREFORE, the parties intending to be legally bound thereby, and with the desire
that this Stipulation be entered as an Order of Court, hereby set their hand and seals and
on the date first written above.
Milton 3: Hershey
Dated:
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MAR 2 720080
LAURA M. RUMLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
MILTON J. HERSHEY,
Defendant
NO. 2006-2358
IN DIVORCE
ORDER
AND NOW, this day of _ A v , 2009, based on the parties'
Stipulation attached hereto as Exhibit "A," this Court hereby ORDERS as follows:
1. Defendant shall pay alimony in the amount of $235 per month for a period of
sixty months, effective August 27, 2007.
2. Said amount shall be paid on a bi-weekly basis and shall be wage attached
through the Domestic Relations Office beginning April 1, 2009•
3. The credit for the payment of alimony appearing on PACSES Case No.
839108220 ($3,329.96), Cumberland County Docket No. 00351 S 2006, shall be transferred
to the above alimony caption.
4. Defendant shall be given seven (7) days from the date of this Order to pay all
outstanding arrearages in the amount of $813.46
BY THE COURT:
i1 / A _ "- J/
v J.
istdb tion:
A ilton S. Hershey, 134 S. Pitt Street, Carlisle, a., 17013
?ebra D. Cantor, Esquire, McNees Wallace & Nurick LLC, 100 Pine Street, P.O. Box 1166,
Harrisburg, Pa., 17108-1166; 717-237-5297 (phone); 717-260-1667 (fax);
dcantorAmwn.com
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND 839108220
Date of Order/Notice 05/05/09 351 S 2006
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
PYROTEK INCORPORATED
1285 CLAREMONT RD
CARLISLE PA 17015-9727
565-31-0744
Employee/Obligor's Social Security Number
5779101653
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.
$ 1,202.72
$ 0.00
$ 0.00
$ 0.00
$ 235.00
$ 0.00
$ 0.00
$ 0.00
per month in current child support
per month in past-due child support
per month in current medical support
per month in past-due medical support
per month in current spousal support
per month in past-due spousal support
per month for genetic test costs
per month in other (specify)
Arrears 12 weeks or greater? ® yes O no
06-2358 CIVIL
0Original Order/Notice
OAmended Order/Notice
OTerminate Order/Notice
QOne-Time Lump Sum/Notice
RE: HERSHEY, MILTON J.
Employee/Obligor's Name (Last, First, MI)
one-time lump sum payment
for a total of $ 1,437.72 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:
$ 331.78 per weekly pay period. $ 718.86 per semimonthly pay period
(twice a month)
$ 663.56 per biweekly pay period (every two weeks) $ 1, 437.72 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 DEFENDA ME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SO L SECU I IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
DRO: R.J. Shadday
Service Type M
Edgar B. Bayley, Judge
OMB No.: 0970-0154
Form EN-028 Rev. 4
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
If hecked you are required to provide aSopy of this form to your mployee. If yo r employee works in a state that is
di Brent from the state that issued this or er, a copy must be provi?ed to your emproyee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3.* 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 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. 9106997060
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O
EMPLOYEE'S/OBLIGOR'S NAME: HERSHEY, MILTON J.
EMPLOYEE'S CASE IDENTIFIER: 5779101653
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
DATE OF SEPARATION:
FINAL PAYMENT AMOUNT-
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any 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) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev. 4
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HERSHEY, MILTON J.
PACSES Case Number 548110841 PACSES Case Number 839108220
Plaintiff Name Plaintiff Name
LAURA M. RUMLEY LAURA M. RUMLEY
Docket Attachment Amount Docket Attachment Amount
06-2358 CIVIL$ 235.00 00351 S 2006 $ 1,202.72
Child(ren)'s Name(s): DOB Child(ren)'s Name(s):
SIMON JR HERSHEY
CARMEN SR HERSHEY
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
02/10/96
10/30/02
DOB
DOB
Addendum Form EN-028 Rev. 4
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
FILED-,v RCE
OF THEE PROTHONOTARY
2009 MAY -7 PH 3: 34
cutol-: ., rf
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: MILTON J. HERSHEY
Member ID Number: 5779101653
Please note: All correspondence must include the Member ID Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multip le Cases on Attachment
PACSES
Docket
Plaintiff Name Case Number
Number
Number Attachment Amount/Frequency
LAURA M. RUMLEY 548110841 06-2358 CIVIL $ 235.00 /MONTH
LAURA M. RUMLEY 839108220 00351 S 2006 $ 1,202.72 MONTH
$
S /
/
/
TOTAL ATTACHMENT AMOUNT: $ 1,437.72
Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 3 3 0.8 7
e per week, or 55.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
MILTON J. HERSHEY Social Security Number XXX-XX-0744 , Member
ID Number 5779101653 . OUCB is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23
Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated FEBRUARY 2 2, 2 0 0 9 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: MAY 0 7 2009 Y
G
J21,
JUDGE
Form EN-034 Rev.2
Service Type M Worker ID $ IATT
ALED-OFFICE
OF ?HE PROTHONOTARY
2009 MAY -7 PM 3= 34
PcNt ?YLi tA.
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: MILTON J. HERSHEY
Member ID Number: 5779101653
Please note: All correspondence must include the Member ID Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
LAURA M. RUMLEY
LAURA M. RUMLEY
PACSES Docket
Case Number Number
548110841 06-2358 CIVIL
839108220 00351 S 2006
TOTAL ATTACHMENT AMOUNT:
Attachment Amount/Finawncv
235.00 /MONTH
779.00 MONTH
/
/
/
1,014.00
Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 2 3 3.3 6
per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
MILTON J. HERSHEY Social Security Number XXX-XX-0744 , Member
ID Number 5779101653 . OUCB is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23
Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated FEBRUARY 22, 2009 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: JUN 2 3 2009 le t G
Q?v L3. LSay Icy JUDGE
a Form EN-034 Rev.2
Service Type M Worker ID $ IATT
FD-`D': Il?l_
OF Th P' "
2009 JUN 23 PM 3" G 9
?E
_w.
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Comnwnweatth of Pennsylvania lz3G1 1 D 19 92 U
Co./City/Dist. of CUMBERLAND 351 s aDL6
Date of Order/Notice 06/22/09
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
PYROTEK INCORPORATED
1285 CLAREMONT RD
CARLISLE PA 17015-9727
565-31-0744
Employee/Obligor's Social Security Number
5779101653
Employee/Obligor's Case Identifier
(See Addendwn 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.
$ 779.00 per month in current child support
$ o.00 per month in past-due child support Arrears 12 weeks or greaten O yes ® no
$ 0.00 per month in current medical support
$ 0.00 per month in past-due medical support
$ 235.00 per month in current spousal support
$ o.oo per month in past-due spousal support
$ 0.00 per month for genetic test costs
$ o. oo per month in other (specify)
$ one-time lump sum payment
for a total of $ 1,014.00 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:
$ 23L?, Co per weekly pay period. $ 507. oo per semimonthly pay period
(twice a month)
$ 00. per biweekly pay period (every two weeks) $ 1, 014.00 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).
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisbu Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S N AND EMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SEC NUM / DfR O BE PROCESSED.
DO NOT SEND CASH BY MAIL. % _ U
BY THE COURT:
oto-z3sq LNIt'
O Original Order/Notice
OAmended Order/Notice
0Terminate Order/Notice
(Done-Time Lump Sum/Notice
RE: HERSHEY, MILTON J.
Employee/Obligor's Name (Last, First, MI)
Ed C3 , tact y1 e I . L t
U orm EN-02 ev.5
Service Type M OMB No.: 097MI54 Worker I D $ IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If kheckel you are required, to par vide gopy of this form to your Smltooyee. If yoyr employee yorks in a state thaiis
i Brent rom the state that lssu a copy must be provi your employee even if the box is not chec ed.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employeelobligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The
paydateldate 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. 9106997060
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : l3 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME: HERSHEY, MILTON J.
EMPLOYEE'S CASE IDENTIFIER: 5779101653 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 employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (717) 240-6248 or
CARLISLE PA 17013
by Internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker ID $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: HERSHEY, MILTON J.
PACSES Case Number 548110841
Plaintiff Name
LAURA M. RUMLEY
Docket Attachment Amount
06-2358 CIVIL$ 235.00
Child(ren)'s Name(s): DOB
PACSES Case Number 839108220
Plaintiff Name
LAURA M. RUMLEY
Docket Attachment Amount
00351 S 2006 $ 779.00
Child(ren)'s Name(s): DOB
SIMON JR HERSHEY
* 02/10/96
6AN- 512
H )Fes' 14/:3CtfQ
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
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 Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
FILED-C,,? ":FCE
OF The P .")TORY
2009 JUN 23 PH 3: 0 9
INCOME WITHHOLDING FOR SUPPORT
C ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT (IWO) _°._)L!-15 I ~ I~ ~u''i - i ~~ "-> ~ t (-~~'~~ = ti="<-~-'
~ AMENDED IWO n " r "'
0 ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT (~~1., ~ ra_"~~ ~ ~~ 1-"` ~ ~ -~~ t ~~ ~~(~~
0 TERMINATION OF IWO Date: 10/18/12
^ Child Support Enforcement (CSE) Agency ® Court ^ Attorney ^ Private Individual/Entity (Check One)
', NOTE: This IWO must,t~t..regular.pn,its,face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO
instructions htt :/p !wwvii'a~f.hhs,gov/programs/cse/newhire/employer/publication/publication.htm -forms). If you receive this document from
someone other than a State'or Tribal CSE agency or a Court, a copy of the underlying order must be attachec.
State/Tribe,'Territory Commonwealth of Pennsylvania _ Remittance Identifier (include w/payment): 5779101653 _
City/County/Dist ITribe CUMBERLAND _ Order Identifier: (See Addendum for order/docket informaiton)
Private IndividuallEntity _ _ CSE Agency Case Identifier: (See Addendum for case summary)
PYROTEKINCORPORATED
1285 CL.AREMONT RD
CARLISLE PA 17015-9727
Employer,~lncome V~lithholder's FEIN 910699706
Child(renl's Name!sl (Last. First, Middle) Child(ren)'s Birth Dates}
RE: HERSHEY, MILTON J.
EmployeerObligor's Name (Last, First, Middle)
565-31-0 744 _
EmployeerObligor's Social Security Number
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Party;Obligee's Name (Last, First,
Middle)
NOTE: /-his IWO must be regular on its face.
Under certain circumstances you must reject
this IWO and return it to the sender (see IWO
instructions
http://www.acf hhs.aov/programs/cse/newhire!
emoloyer/publi ation/publication.htm_forms~. If
you receive this document from someone other
than a State or Tribal CSE agency or a Court, a
copy of the underlying order must be attached.
9106997060
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County,
Commonwealth of Pennsvlvania (State/Tribe). You are required by law to deduct these amo~mts from the employee/
obligor's income until further notice.
$ _ 779.00 per month in current child support _
$_ ______0.00 per month in past-due child support -Arrears 12 weeks or greater? ;~ yes- ;O `~5
---
$____ 0.00 per month in current cash medical support
$___ _ 0.00 per month in past-due cash medical support :~ -
S ______0.00 per month in current spousal support U:~
S 0.00 per month in past-due spousal support ..~~,
$ ______0.00 per month in other (must specify) __ _ =- -
for a Total Amount to Withhold of $ 779.00 per month. rya -~
;,.
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order 7i'>~`orrnation.
If your pay cycle does not match the ordered payment cycle, withhold one of the following amount
$____ 1 79.:f~ per weekly pay period. $_ 389.50 per semimonthly pay period (twice a month)
$ ____ 35W.55 per biweekly pay period (every two weeks) $ 779.00 per monthly pay period.
S_ ____ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order.
REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth
of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 10
working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If
you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of
disposable income for all orders. If the employee/obligor's principal place of employment is not within the
Commonwealth of Pennsvlvania (State/Tribe), the employer can obtain withholding limitations, time requirements,
and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/emplo~r/contacts/contact maQ
htrn for the employee/obligor's principal place of employment.
Document Tracking Identifier
oMeNo oe~o-c~sa "roan EN-028 06/12
Service Type M vv,,.l,,.. In QinrT
Return to Sender [Completed by Employerllncome iNithhoider). °ayrti~ ~, .nu ,~: ca _. , - ,
accordance with 42 USC §666(b)(5) and (b)(6) or Triha) Payee ,see Payr;sc,r.~ts t~~, SDU ~~-I:~v~~. ~ :_, r r 3.~ :~;
directed to an SDU/Tribal Payee or this IWO is rtc~t ~ ~~.~ ,a:~F~ ~ i¢s fr~~ ~ ~ ~ ~?~u~; c;her_,k r~~< r~E~, ; r~ rte- ~-~ ~Y
the sender.
Signature of Judge/Issuing Official (if required by State c,t~ "Tr~i~ai lavy
Print Name of Judge/Issuing Official: ~ '
Title of Judge/Issuing Official
_.- __.
Date of Signature: ~___~.
If the employee/obligor works in a State or far a ~rribe tt~t~~ a ciiti`~=r ~ t "~~~~~~ ~-'r ,,. ~ l,~ tf r~~ s ~..~r~~i rr,4, r :, ~ ~ ,: , .
must be provided to the employee/obligor
if checked, the employer/incame withholder must :• ~7~, ti ,i;,~~,~,,,, _ _
ADDITIONAL INFORMATION F+`7R EMPLCtYERSJINCOME WIT`HHOLDEf~
Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance lay dry ~oecrr~noc~ayment_ method rf ~~r"~ Nrr~pio"yer : :~-::..
to withhold income from more than one employee and employs 1~ or more persons, or 6f an ernpfoyer i~as a gists ~y ;:~_
two or more returned checks due to nonsufficient #unds. Please call the Pennsylvania State a,oiiectorzu an:
Disbursement Unit (PA SCDU) Employer Customer Service at t-877-67~-9580 for instruetions t~~a ~=1PS c~pUF ~~% ~tts~ .r~_
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P,O. Box 69111, Harrisburg, Pa ~ 7106-91
/N ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT"S NAME AND THE PACSES MEMBEI? lZ` l trovvra ab~;v~' :v
the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO SE PROCESSED. L?~3 ~tO~""
SEND CASH BY MAIL.
State-specific contact and withholding infvrrT~atic~~r „- i~~ : v.rc:. - •,~:• -~ir,rni r ~ }.I;~;~r F ~ . ; ",;.
htt~//www.acf.hhs~cov~roaramsi~sernewhircierr~_u_.yc~"~antacts.r_.ont~a~.l,m~~
Priority: Withholding for support has priority c~~~er a~~y cfr~ ",e,~U, ~r~:,~~,,,.. =.,ri e.r Sta~~~ i,~3w ~~at~~r~y _ _
§666(b)(7)). If a Federal tax levy is in effect, please notify the sender
Combining Payments: When remitting payments to are :,;~t..; _ ~, :~~ba~ ~.,5>v .~~enc~~ y ~~ rrRap r _3rT7h~r _ :. t • - ~, __,r _ ,,,-,ts •."
more than one employee/obligor's income in ;~ single pa~,~n~en° {{,E; m.~,st. however, separately ident~f~ ~n~.lf yt~+,_~'
obligor's portion of the payment.
Payments To SDU: You must send eh~ld suppa, ~ ~ayrr .~ r.-~._yava~ ~ } ~;.uc~~~,~~ w;tttr;~ici~,'x~3 u ;, .r; at:, t ~ ,~,
Tribal CSE agency. If this IWO instructs you to send a payrr:ent tc an entity ,~iherthan an SDL6 ~;e.~ ,~~~.:~~;~- o rh
party, court, or attorney), you must check. the box above and return this notice to the sender. Exceptic~ F' +h. , !~v^.%~' "
by a Court, Attorney, or Private Individual/Entity and the initial order was entered before .January ~ ~+g~ :_r ~~ c•r
issued by a Tribal CSE agency, you must fallow the °Rernit pa,~ment ta" instructions on this far^~
Reporting the Pay Date: You must report the pa"y rJat~ u•~r:;,~ ~~ariding tt.e l.,a>r;c.ni_ ''i~ .ray ,~~~ ~, ,~~~- __.
amount was withheld from the employee/obligor s wage. '! ~~u rr~i_ist comply ~"pith the lath of the Stan ~;r '? -
applicable) of the employeelobligor's principal place of emp!oyrn~ent regardinca time perrods vvithiri tn~h,rr r.,- ~,w, ,~r,
the withholding and forward the support payments
Multiple IWOs: If there is more than one IWC;~ aga~r7st t. :n7p"oyeerarjiiyc~~ ~r;ci yui. ~;r~ i~; at~~~a _,; °~.i ~ ,_~ , , .;?; I, . ~_~
Federal, State, or Tribal withholding limits, you must honor al! ly`JOs to the greatest extent possible gwint~ Nrior+t~ -r~
support before payment of any past-due support. Follow the State ,or Tribal lawlprocedure of the empinyeeiobiigc~r ~ ~~ ,
place of employment to determine the appropriate al!ocatin=^ ~^ett,c,r
Lump Sum Payments: You may be required to notify a State ~~ ~'f"ribai `:SC. agency of i.ip~,c~m;~~y u,~~ .,t.r ~a;rt,~ ,: ~; t ~~>
employee/obligor such as bonuses, commissions, or severanrr• day ~'ontact the sender to determines `", ~, a~}a rC.,,.a ~f;c~ ' .
report and/or withhold lump sum payments
Liability: If you have any doubts about the validity of ihi~s avv'~~ ..,ur~ta~,t Iris s~~;i~ zee ~i ~,,~,; ra , ..~;;i;r~~; " ~: ,_..
employee/obligor's income as the IWO directs. you are liable f~~r- both the acciimuiated :~mo ,rr .~;;:,~ src~uid t~u~~_ ~{at,n ..~ ~:
any penalties set by State or Tribal IaVr/procedure.
_ _ __ -
- __
Anti-discrimination: You are subject to a fine detenreir au ,,,.o£r `::;talk, .~~ i rtbai taw fir utsc~ta t~~r~t; az t~rr;~wyee:;~ ;,;.,~;
employment, refusing to employ, or taking disciplinaru at:.tion against an e~~~ployee/obligor beca~;se ~;~ tr!~ ~i!^!r'
OMB Expiration Oa,e - OSi3~ ?. "; ~he~ L MP ~.<e,r;~.. .' :" r _ ..
Service Type M
Employer's Name: f'YROTEK INCORPORATED
Employee%Obligor's Name: HERSHEY, MILTON J.
CSE Agency Case Identifier: [See Addendum for case summarvl
Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection
Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of
employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such
as: State, Federal, Ic>cal taxes; Social Security taxes; statutory pension contributions; and Medicare taxes The Federal limit i.s 50% of
the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting
another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State
or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in
this section.
For Tribal orders, ycu may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income
withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which
the employeriincome withholder is located or the maximum amount permitted under section 303(d) of the GCPA (15 U.S.C. 1673 (b)).
Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in
determining disposable income and applying appropriate withholding limits.
Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greaser than ' 2 weeks, then the
Employer should ca+culate the CCPA limit using the lower percentage.
Additional Information:
NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are
no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by
returning this form to the address listed in the Contact Information below: sio699~060
C This person has never worked for this employer nor received periodic income.
~ This person no Ionyer works for this employer nor receives periodic income.
Please provide the following information for the employee/obligor:
Termination date:
Last known address:
Final Payment Date To SDU/Tribal Payee:
New Employer's Name:
New Employer's Address:
CONTACT INFORMATION:
To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name)
by phone at (71 J_ 240-6225, by fax at 717 240-6248, by email or website at: www.childsuoport_stat~a us.
Send terminationlincome status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. 11ANOVER ST,
P.O. BOX ~20~CAF~LISLE. PA. 17013 (Issuer address).
To Emploxee/Oblipor_ If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT; ;Issuer name)
by phone at i 71 ~ 240-6225, by fax at 717 240-6248, by email or website at www.childsupport_stat~~a.us.
Employer FEIN: 910699706
5779101653
Order Identifier: (See Addendum for order/docket information)
Last known phone number:
Final Payment Amount:
IMPORTANT The person completing this form is advised that the information may be shared with the employeeiobligor
SArvir-rte Tuna nn
OMB No.. 097C-0154
Dino Z ~f Z
Form EN-028 06/12
~aL)DENDtJiVi
Summary of _Cases on_Attach.ment_
DefendantlObligor: HERSHE"~:~ "-'ll ~,f=° .;
PACSES Case Number 839108220 ~. , _ _ : _ase ;vu~r~Urr
Plaintiff Name !~'iaintitt Narr7~;
LAURA M. RUMLEY
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
,;.,:e
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
- --_,.~se-sv~_r_t
_i r7t;# ~by;rie.
a t_..
Service Type M
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: MILTON J. HERSHEY
Member ID Number: 5779101653
Please note: All correspondence must include the Member ID Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
PACSES Docket Attachment AmounU'Frequency
Plaintiff__Name Case Number Number
LAURA M RUMLEY 839108220 00351 S 2006 779.OC ' MONTH -
Ik1t
/ -
~,
$ ~._.
°: ~ ,
TOTAL ATTACHMENT AMOUNT: $ 779.00 .~ ~ '~
,.,a
~~;
Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $179.28 per week, or 50.0%,
of the Unemployment Compensation benefits otherwise payable to the Defendant,
MILTON J HERSHEY Social Security Number XXX-XX-0744, Member ID Number 5779101653. OUCB
is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward
the amount received from OUCB to the Domestic Relations Section of this Court for support and/or
support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Caurt or
Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so
that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to
15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(8).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall
remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the
Appiication for Benefits dated FEBRUARY 22, 2009 is exhausted, expired or deferred,
OUt:~B shall comply with this Order, unless it is amended or vacated by subsequent Order of this
Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations
Section of this Court.
BY THE C_ OURT ~
Date of Order: OCT 1 ~ ZQ12
cartes A. P~cey JUDGE
Form EN-034
Service Type M Worker ID $IATT