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Home My WebLink About06-3406i Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff SHARON K. MILLER Plaintiff V. DAVID S. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0(= -AC(o (2tUtL?! E2-n CIVIL ACTION- LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff SHARON K. MILLER Plaintiff V. DAVID S. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O(. - J 90(, CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNTI DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Sharon K. Miller, an adult individual who is sui juris and resides at 1558 Fox Hollow Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is David S. Miller, an adult individual who is sui juris and resides at 107 Race Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 26, 1979, in Camp Hill, Pennsylvania. 5. There was one child born to this marriage, now an adult. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d): The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about May 20, 2006. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 2 11. Plaintiff and Defendant have acquired property during their marriage, which is subject to equitable distribution by this Court. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests the Court to equitably divide the property owned by the parties hereto. COUNT III ALIMONY, ALIMONY PENDENTE LITE, ATTORNEYS FEES AND COSTS 13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff lacks sufficient property to provide for her reasonable needs. 15. Plaintiff is unable to sufficiently support herself through appropriate employment. 16. Defendant has sufficient income and assets to provide continuing support for Plaintiff. 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 18. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action and thereafter. 3 19. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between the Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. Awarding the Plaintiff alimony, alimony pendente lite, counsel fees and costs; and d. For such further relief as the Court may determine equitable and just. Respectfully Submitted, Date: Attorney For Plaintiff 4 P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: L11z- `?Q?'l?- SHARON K. MILLER I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correct. 71d.o. Esquire Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff SHARON K. MILLER Plaintiff V. DAVID S. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT SHARON K. MILLER, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unswom falsification to authorities. c?ry?5,fir, ?J,1 >t SHARON K. MILLER 1 b a w 69. o ? o e° ?- 1 1 ?w N a? t• r" (. l mss- T U SHARON K. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY PENNSYLVANIA V. : NO. 06-3406 DAVID S. MILLER : CIVIL ACTION-LAW Defendant, : IN DIVORCE PRAECIPE ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, David S. Miller in the above captioned matter. Date: d G OCIATES 7Hanover , Esquire NortStreet Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ?? r, ?-, ?` "r= . -, ;, , , _ 4? ?? -< Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff SHARON K. MILLER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID S. MILLER Defendant NO. 06-3406 Civil Term (PASCES No. 464108293) CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND PETITION FOR ALIMONY PENDENTE LITE SHARON K. MILLER, Plaintiff, moves the Court to appoint a master with respect to the following claim: Alimony Pendente Lite, and in support of the Motion states: (1.) Discovery is complete as to the claim for which the appointment of the master is requested. (2.) The non-moving party has appeared in the action by his attorney, Bradley L. Griffie, Esquire. (3.) The statutory grounds for divorce are 3301(c) and 3301 (d). (4.) The action is not contested. (5.) The action does not involve complex issues of law or fact. (6.) The hearing is expected to take 2-3 hours. (7.) There is no additional information relevant to the motion. Respectfully, Date: S Gw U , EAfuire Ja . Br dV89 . # 04Locust PBox 1 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Motion for Appointment of Master and Petition for Alimony Pendente Lite and Order Appointing Master by First Class U. S. Mail addressed as follows: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Date: ?ggj zo rm n, E qui re W,Jo 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Sharon K. Miller ?._> `: _ ---? ' - ?, u `_? J I _ ` i x. RECE4VE? AU6 0 3 ?6a6 Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff SHARON K. MILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3406 Civil Term : (PASCES No. 464108293) DAVID S. MILLER : CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER APPOINTING MASTER ?n'i 1T AND NOW, 7 --,2006, Esquire, is appointed ma ter with respect to the following claim: Alimony Pendente Lite. BY THE COURT: MOVING PARTY heron K. Miller Jay R. Braderman, Esquire 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 ibraderman(&thewiselawyer.com NON-MOVING PARTY D vid S. Miller juadley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 O' ,U P O4b Q ail p t SHARON K. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DAVID S. MILLER, PACSES NO. 464108293 Defendant DOCKET NO. 06-3406 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of August, 2006, it is ordered and directed as follows: 1. The order of August 7, 2006 appointing E. Robert Elicker II, Esquire as Master to hear the alimony pendente lite claim is vacated. 2. Michael R. Rundle, Esquire is appointed Master with respect to hear said claim. 3. Hearing on said claim shall be consolidated with the spousal support claim scheduled before the Support Master on September 13, 2006 at 9:00 a.m. e ou v ? Gv? Edgar B. Bayley, J. Cc: Sharon K. Miller David S. Miller Jay R. Braderman, Esquire For the Plaintiff Bradley L. Griffie, Esquire For the Defendant DRO O ?f! i p i A In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SHARON K. MILLER ) Docket Number 06-3406 CIVIL Plaintiff ) VS. ) PACSES Case Number 049108524 DAVID S. MILLER ) Defendant ) Other State ID Number ORDER OF COURT You, SHARON K. MILLER plaintiff/defendant of 1558 FOX HOLLOW CIR, MECHANICSBURG, PA. 17055-6700-58 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEMBER 13, 2006 at 9: ooAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker lD 21302 MILLER PACSES Case Number: 049108524 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which parry initiated the support action. BY THE COURT: Date of Order: gu? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. MILLER CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 r , N C7 ca Ttt G ? ?-ir Ica v w Ls cn In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SHARON K. MILLER ) Docket Number 06-3406 CIVIL Plaintiff ) VS. ) PACSES Case Number 049108524 DAVID S. MILLER ) Defendant ) Other State ID Number ORDER OF COURT You, DAVID S. MILLER plaintiff/defendant of 107 RACE ST, SOILING SPRINGS, PA. 17007-9794-07 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEMBER 13, 2006 at 9: o oAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6, other: Service Type M Form CM-509 Worker ID 21302 MILLER PACSES Case Number: 049105524 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: . JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. MILLER CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 "`v ?. sr ?r -sa?. ? c> ?; ?- a' ?. r,". .,o °-??, mac, ? a.. -v c` ?? ? `? .c ?? v, SHARON K. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DAVID S. MILLER, PACSES NO. 049108524 Defendant DOCKET NO. 06-3406 CIVIL INTERIM ORDER OF COURT AND NOW, this 15th day of September, 2006, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $455.00 per month. B. The Defendant shall pay the additional sum of $20.00 per month on arrearages until paid in full. C. The Defendant shall provide health insurance coverage for the benefit of the Plaintiff as provide through his employment or other group coverage at a reasonable cost. D. The effective date of the order is June 25, 2006. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. NBy the Court, M. L. Ebert, Jr. Cc: Sharon K. Miller David S. Miller Jay R. Braderman, Esquire For the Plaintiff Bradley L. Griffie, Esquire For the Defendant DRO SHARON K. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DAVID S. MILLER, PACSES NO. 049108524 Defendant DOCKET NO. 06-3406 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on September 13, 2006, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Sharon K. Miller, who resides at 6100 Springford Drive, Apartment A-11, Harrisburg, Pennsylvania. 2. The Defendant is David S. Miller, who resides at 107 Race Street, Boiling Springs, Pennsylvania. 3. The parties were married on May 26, 1979. 4. The parties separated on May 20, 2006 when the Plaintiff left the marital residence. 5. On May 22, 2006 the Plaintiff filed a complaint for spousal support docketed to 424 Support 2006.1 6. In June, 2006 the Plaintiff filed a complaint for divorce. 7. On or about August 1, 2006 the Plaintiff filed a claim for alimony pendente lite. 8. The Plaintiff is 49 years of age. 9. The Plaintiff is employed as a loan officer and has a gross monthly income of $2,100.00. 10. The Plaintiff has monthly expenses of approximately $2,850.00. 11. The Defendant is 59 years of age. 12. The Defendant is employed by Cumberland County and has a gross bi-weekly income. of $2,168.25. ' At the hearing the Plaintiff withdrew her complaint for spousal support and elected to proceed on the claim for alimony pendente lite only. EXHIBIT "A" 13. The Defendant has a mandatory retirement deduction of $108.41 bi-weekly. 14. The Defendant pays $45.79 bi-weekly for health insurance coverage on himself and his wife. 15. The Defendant resides in the marital residence. 16. The Defendant pays $961.00 per month on the first mortgage encumbering the jointly-owned home. 17. Prior to separation the parties took a bill consolidation home equity mortgage. 18. The Defendant is paying $325.00 per month on the home equity mortgage. 19. The Defendant has monthly expenses of approximately $3,227.00. 20. The parties have one child together who is now emancipated. 21. Both parties have significant out-of-pocket expenses for medical bills. DISCUSSION In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa: Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, 2 situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). In this case the Defendant does not dispute his obligation to pay alimony pendente lite to his wife. He argues that a deviation should be made to the guideline amount because payment of marital debts precludes him from paying the guideline figure. The incomes will be calculated and the argument analyzed. The parties stipulated that the Plaintiff earns $2,100.00 gross monthly income. Filing her tax return as singlet would result in net monthly income of $1,674.00.3 The Defendant has gross bi-weekly income of $2,168.25, or $4,698.00 per month. After deductions for taxes, his mandatory retirement contribution, and his health insurance premium4 the Defendant has net monthly income of $3,097.00.5 Under Pa. R.C.P. 1910.16-4 with the Plaintiff having net monthly income of $1,674.00 and the Defendant having net monthly income of $3,097.00, and with no minor children, the Defendant's obligation for alimony pendente lite will be $569.00 per month.b Neither of the parties has income sufficient to meet their monthly expenses. The parties took a bill consolidation loan in the form of a home equity mortgage shortly before separating. The Defendant is paying $325.00 per month on this obligation. Several of the Plaintiff s outstanding bills were paid off with the consolidation loan to include her auto loan payment and numerous credit cards. Because of his monthly payment on the home equity loan he requested a deviation from the guideline award. Although the guideline amount is presumed to be correct, the presumption may be rebutted by evidence that the guideline amount is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d 939 (Pa. Super. 1996). The "guidelines direct a finder of fact to calculate a spousal support or APL award according to the formula set forth in Rule 1910.16-4 and to deviate from that result according to the factors provided in Rule 1910.16-5." Mascaro v. Mascaro, 803 A.2d 1186, 1191 (Pa. 2002). "Unusual needs and unusual fixed obligations" constitute a factor for deviation under Pa. R.C.P. 1910.16-5(b)(1). The marital debt being paid in the form of the home equity mortgage is considered to be an unusual fixed obligation sufficient to justify a deviation in this case. z The parties stipulated that net monthly incomes should be calculated with each party filing single. See Exhibit "A" for deductions from gross income. 4 The parties stipulated that the Defendant would provide health insurance coverage for his wife and the remiums would be deducted from his gross income to calculate his net income for support purposes. See Exhibit "A" for the tax deductions from gross income. 6 See Exhibit "S" for the guideline calculation. The Defendant's net monthly income constitutes 65% of the combined net monthly income with the Plaintiff s income constituting the remaining 35%. A recommendation is made that a downward deviation of $114.00 per month (35% of the $325.00 monthly home equity loan payment) be made resulting in a monthly obligation for alimony pendente lite of $455.00 effective June 25, 2006.7 RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $455.00 per month. B. The Defendant shall pay the additional sum of $20.00 per month on arrearages until paid in full. C. The Defendant shall provide health insurance coverage for the benefit of the Plaintiff as provide through his employment or other group coverage at a reasonable cost. D. The effective date of the order is June 25, 2006. tS Zoo6 Date Michael R. Rundle Support Master ' The parties stipulated to the effective date of APL obligation. 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Sharon K. Miller Defendant Name: David S. Miller Docket Number: 06-3406 Civil PACSES Case Number: 049108524 Other State ID Number: Tax Year: Current: 2006 Defendant Paintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Single Single 3. Who Claims the Exemptions Obligee 4. Number of Exemptions 1 1 5. Monthly Taxable Income $4,697.90 $2,100.00 6. Deductions Method Standard Standard 7. Deduction Amount $429.17 $429.17 8. Exemption Amount $275.00 $275.00 9. Income MINUS Deductions and Exe tions $3,993.73 $1,395.83 10. Tax on Income $711.56 $177.92 11. Child Tax Credit - - 12. Manual Adjustments to Taxes - - 13. Federal Income Taxes $711.56 $177.92 13 a. Earned Income Credit - - 14. State Income Taxes $148.45 $66.36 15. FICA Payments $359.39 $160.65 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $46.98 $21.00 TOTAL Taxes $1,266.38 $425.93 SupportCak 2006 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Sharon K. Miller Defendant Name: David S. Miller Docket Number: 06-3406 Civil PACSES Case Number: 049108524 Other State ID Number: 1. Obligor's Monthly Net Income $3,097.42 2. Less All Other Support 3. Less Obligee's Monthly Net Income $1,674.07 i 4. Difference $1,423.35 5. Less Child Support Obligation for Cu !tent Case _ 6. Difference $1,423.35 7. Multiply b 30% or 40% 40.00% 8. Income Available for Spousal Su ortll $569.34 9. Adjustment for Other Expenses 10. AMOUNT OF MONTHLY SPOUSAL S PPORT OR APL $569.34 Prepared b : mrr Date: 9/14/2006 SupportCak 2006 EXHIBIT "B" ??, - ,, _ .._, c. e SHARON K. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DAVID S. MILLER, PACSES NO. 049108524 Defendant DOCKET NO. 06-3406 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Income and expense statement Defendant's Exhibit No. 1 Earnings statement Defendant's Exhibit No. 2 r Home equity loan disbursement I Defendant's Exhibit No. 3 Expense statement i In the Court of Combion Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 ?N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (71'n 240-6225 r : (717) 240-6248 18, 2006 JULY Plal tiff Name: SHARON K. MILLER De ndant Name: DAVID S. MILLER Do ket Number: 00424 S 2006 PA SES Case Number: 464108293 Othr State ID Number: Pleas note: All correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Incomi Statement which appears on page two of this income and expense statement.) t - INCOME STATEMENT OF Section I: Income and Insurance INCOME: Employer Address ISM tIS• PC Type of Work V-I0ax-\ Payroll No. Gross Pay per Pay Itemized Payroll Deductions: pd $ m71 Pay Period (wkly., bi-wkly., etc.) --it_ Federal Withholding $ 5 Social Security $ °S Local Wage Tax $ M State Income Tax $ 30 Retirement $ Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ Oth D d ti if $ ' $ er e uc ons (spec y) Net Pay per Pay Period $ %44 'y Q OTHER (Fill in Appropria Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Workmen's Compensation Other Other TOTAL $ $ $ TOTAL INCOME $ AAQ 12 W PROPERTY Ownership OWNED DESCRIPTION VALUE H W J Checking Accounts mp $ Savings Accounts Credit Union Stocks/Bonds Real Estate Other " I TOTAL I$ 50 o W I * H=Husband; W=Wife; J=Joint PLAINTIFFS Service Type M EXHIBIT y_ „_ b 1 Form IN-008 Worker ID 21302 Income and Expense Statement PACSES Case Number 464108293 Coverage INSURANCE ? COMPANY POLICY # H W C Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other * H=Husband; W=Wife; C=Child Sedion U: Supplemental Income Statement a. This form is to be filled out by a person (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder t and is salaried by a closed corporation or similar entity. b. Attach to this statemenfollowing documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement c Name of business: Address and telephone number: d. Nature of business (enecu one) F] (1) partnership (2) joint venture E] (3) profession M (4) closed corporation F1 (5) other e. Name of accountant, controller or other person in charge of financial records: f. Service Type M Page 2 of 3 Form IN-008 Worker ID 21302 Annual income from business: Income and Expense Statement PACSES Case Number 464108293 i Section III: Expenses ?I Instructions: Only show extraordina expenses in this section unless you filled out Section II on page two. The categories in BOLD FONT are especially impo t for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be dete Id according to the guideline grids or formula, this section must be fully completed. (Fill in Appro riate Column) EXPENSES WEEK MO H YEAR Home Mortgag Rent $ $ $ Maintenance Utilities Electric $ $ $ Gas Oil Telephone Water Sewer Em to ent Public Transport. $ $ $ Lunch Taxes Real estate $ $ Personal Property Insurance Homeowner's $ $ $ Automobile Life Accident Health Other R" n 1 Automobile Payments $ $ $ Fuel Repairs Medical Doctor $ $ $ Dentist Orthodontist Hospital Medicine Q Special needs (glasses, braces, EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ $ Food s: Barber/ Hairdresser Credit Payments Credit Card rj0,(?p Charge Memberships Loans Credit Union $ $ $ Miscellaneous Household Help $ $ $ Child care Papers/books Magazines Entertainment Pay TV 11el _M Vacation Gifts Legal fees Charitable Cont ibutions Other ft SupVQrt Alimony Payments Other -Letl S Ai?c mu :1 r. 1,z $ $ Total ' WEEK MONTH_ YEAR E eases $ g $ I verify that the statements made in this In ome and Expense Statement are true and correct. I understand that false statements herein are subject to the crimin 1 penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authoriti Date Plain ' or Defendant Page 3 of 3 Form IN-008 Service Type M Worker ID 21302 CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 UNITED STATES OF AMERICA VOID VOID VOID V? ffi VOID VOID VOID VOID PAY DAVID S. MILLER TO THE ORDER 107 RACE ST OF BOILING SPRINGS, PA117007 us No. 1099811 Check Date: 08/25/2006 1557.96 NON-NEGOTIABLE EMPLOYEE NAME Social Nbr EMP # PROC LVL DEPT PERIOD END DAVID S. MILLER 193-36-2608 607 AGING AGING 08119/2006 EARNI NG$ DESCRIPTION HOURS CURRENT YEAR TO DATE REGULAR PAY 67.50 1951.42 29997.24 VACATION PAY 4701.42 PERSONAL PAY 7.50 216.83 422.71 BEREAVEMENT 205.88 Total Gross 75.00 168.25 35327.25 Total Deductions 610.29 9868.82 Total Net 1557.96 25458.43 TAXES/DEDUC IONS DESCRIPTION URRENT YEAR TO DATE BN-HEALTH-BUYUP EE PRETAX 45.79 732.64 BN-VOLUNTARY LIFE INS 32.50 520.00 BN-VOLUNTARY SPOUSAL LIFE 7.00 112.00 FICA MEDICARE EE 30.77 501.62 FICA SS EE 131.60 2144.87 FEDERAL WITHHOLDING TAX 151.15 2357.88 RETIREMENT PRE-TAX 108.41 1766.39 SOUTH MIDDLETON TWP 33.96 553.55 STATE UNEMPLOYMENT COMP EE 1.95 31.79 STATE WITHHOLDING TAX PA 65.16 1062.08 UNITED WAY 2.00 34.00 EMST - Carlisle Borough 52.00 AUTO DEPOSIT DIS TRIBUTIONS ROUTING NBR BANK ACCOUNT DESCRIPTION AMOUNT 231382241 043220000 ME MBERS FIRST FCU 1517.96• Description Lender Mortgage Wells Fargo Home Equity Loan Members 1 st Total Home Equity Members 1st Shari Car Loan Payoff Unsecured Loan Payoff Credit Card 1 Credit Card 2 Credit Card 3 Credit Card 4 Credit Card 5 Credit Card 6 Credit Card 7 Credit Card 8 Credit Card 9 Credit Card 10 Credit Card 11 Creditor Amount Owed $95,073.00 $35,000.00 $130.073.00 Shari $6,191.13 $189.00 Shari Unknown Unknown Shari Unknown Unknown Shari $2,417.94 $70.00 Shari Unknown Unknown Shari $1,154.41 $43.00 Shari Unknown Unknown Dave Unknown Unknown Shari Unknown Unknown Dave Unknown Unknown Shari Unknown Unknown Merrick Bank Capital One M Capital One Vi Aspire Visa Pier One Boscov's Bon Ton J.C. Penney 7th Avenue Home Depot Monroe & Main $9,763.48 $302.00 $ 35,000.00 $ 6,755.45 $ 8,013.19 $ 20,231.36 35.000% $ 6,293.42 28.410% $ 1,297.78 28.240% $ 590.73 29.990% $ 2,483.93 21.000% $ 325.59 23.450% $ 1,939.62 24.912% $ 713.33 $ 277.48 21.000% $ 480.36 $ 67.17 26.500% $14.469.41 Timeshare Maintenance Fees & Taxes (overdue) $ 792.80 NOTE: Mortgage - Wells Fargo (overdue) Subtotal $16,262.58 Balance $ 3,968.78 Shari Withdrawal $ 2,500.00 Remaining $ 1,468.78 BILLS THAT ARRIVED AFTER THE Charge Book Club Charge Boscov's Charge LTD Commodii Charge Chadwick's Charge Lerner EPARATION Shari $30.43 Shari $1,213.26 s Shari $169.42 Shari $12.00 Shari $424.02 DEFENDANVSI EXHIBIT 1-134b Q-,? Mo. Pymt Rate Amt Paid $960.92 4.375% $ 1,000.37 $325.00 7.690% $1,285.92 6.033% $ 1,000.37 Section III: Expenses EXPENSES MONTH HOME: Mortgage - Wells Faro $ 961.00 Home E - Members1st $ 325.00 Maintenance Residence $ 100.00 Maintenance Timeshare $ 27.00 UTILITIES: Electric $ 148.00 Gas & Oil $ 180.00 Telephone - Local $ 43.00 Telephone - Lon Dist $ 22.00 Telephone - Cell $ 51.00 Water & Sewer $ 40.00 EMPLOYMENT: Public Parkin $ 32.50 Lunch $ 150.00 TAXES: Real Estate - TimeShare $ 4.45 Personal Property INSURANCE: Homeowner's $ 40.00 Automobile $ 50.00 Life $ 79.00 Accident $ - Health Other $ - AUTOMOBILE: Payments $ - Fuel Is 110.00 Repairs $ 25.00 MEDICAL: Doctor $ 15.00 Dentist Hospital $ 3.00 Medicine $ 85.00 Special Needs $ - SUBTOTAL: $ 2,490.95 EXPENSES MONTH EDUCATION: Private School $ - Parochial School $ - College $ - Religious $ - PERSONAL: Clothing $ 50.00 Food $ 400.00 Barber/Hairdresser $ 10.00 Credit Card (See Legal) $ - Charge $ - Memberships $ 16.00 LOANS: Credit Union $ - MISCELLANEOUS: Household Help $ - Child Care $ - Pa ers/Books/Ma s $ 15.00 Entertainment $ - Pa TV $ 135.00 Vacation $ - Gifts $ 25.00 Le al Fees $ 51.00 Contributions $ 5.00 Other Child Su ort $ - Alimony Payments $ - OTHER: Internet AOL $ 15.00 Trash Disposal $ 14.00 SUBTOTAL: $ 736.00 TOTAL EXPENSES: $ 3,226.95 TOTAL INCOME: $ 3,196.61 MONTHLY NET: $ 30.34 "13,06 3 ?? C' ,?- .. f '-`i c.c c:.% ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 09/15/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number CUMBERLAND COUNTY C/O CONTROLLERS OFFICE 1 COURT HOUSE SQ CARLISLE PA 17013-3323 () - ? l C'9 51;z y- 06 - 340(o CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 193-36-2608 Employee/Obligor's Social Security Number 0111101676 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. $ 455. 00 per month in current support $ 20.00 per month in past-due support Arrears 12 weeks or greater? Oyes Q no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 475.00 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: $ 109.62 per weekly pay period. $ 219.23 per biweekly pay period (every two weeks). $ 237.50 per semimonthly pay period (twice a month). $ 475. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: SEP 18 2006 Service Type M RE: MILLER, DAVID S. N-t M. L. Ebe r f `lr, l Form -02 Rev. %A/....I..... Ifl OMB No.: 0970-0154 $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS loyee. If your employee works in a state that is ? If hecked you are required to provide a copy of this form to your ern different from the state that issued this order, a copy must be provideto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2360031190 EMPLOYEE'S/OBLIGOR'S NAME: MILLER, DAVID S. EMPLOYEE'S CASE IDENTIFIER: 0111101676 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $ IATT .. ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: MILLER, DAVID S. PACSES Case Number 049108524 PACSES Case Number Plaintiff Name Plaintiff Name SHARON K. MILLER Docket Attachment Amount Docket Attachment Amount 06-3406 CIVIL$ 475.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ® If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendu m Form EN-028 Rev. 1 Service Type M Worker I D $ IATT OMB No.: 0970-0754 ?A rvl SHARON K. MILLER, Plaintiff Vs. DAVID S. MILLER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 06-3406 Civil Term IN DIVORCE MOTION FOR APPOINTMENT OF MASTER David S. Miller, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property O Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The Plaintiff has appeared in the action by his attorney, Jay R. Braderman, Esquire. (3) The Statutory ground(s) for divorce (}s) (are) §3301(c) and &3301(d). (3) Delete the inapplicable paragraph(s): c. The action is contested with respect to the following claims: All of the above except divorce. (4) The action does not involve complex issues of law or fact. (5) The hearing is expected to take one (heuFs (days). (7) Additional information, if any, relevant to the motion: None Date: 2Wj?7 for Defendant ORDER APPOINTING MASTER AND NOW, , 2007, master with respect to the following claims: By the Court: Esquire is appointed J. i ?'_ . trJ Sm " C= W W JUN 0 4 2007A SHARON K. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. DAVID S. MILLER, Docket No. 06-3406 Civil Term Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER David S. Miller, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property O Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The Plaintiff has appeared in the action by his attorney, Jay R. Braderman, Esquire. (3) The Statutory ground(s) for divorce (i-s) (are) §3301(c) and ?3301(d). (3) Delete the inapplicable paragraph(s): C. The action is contested with respect to the following claims: All of the above except divorce. (4) The action does not involve complex issues of law or fact. (5) The hearing is expected to take one (ls) (days). (7) Additional information, if any, relevant to the motion: None Date: S?Wn7 ttornev for Defendant ORDER APPOINTING MASTER AND NOW, gg4rg 7 , 2007, &? IT Esquire is appointed master with respect t the following claims: y j ? ?P ?^. the Coui } 0 J. D- ? Uic , ??? CE" ?r %r lzz co r cl: 0 C q ?K -4 M Sal ?m C J Jay R. Brade Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, 17108-1489 (717) 232-6600 Attorney for Plaintiff SHARON K MILLER Plaintiff v. DAVID S. ?ILLER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3406 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. on June 15, 2. ninety (90) d 3. Intention to F 4. lawyer's feea I verif that false sta A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed The marriage between Plaintiff and Defendant is irretrievably broken and have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree in divorce after service of Notice of Entry of the Decree. I understand that I may lose rights concerning alimony, division of property, and expenses if 1 do not claim them before a divorce is granted. that the statements made in this affidavit are true and correct. 1 understand herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relatin to unswom falsification to authorities. Date: IDS. MILLER 11,07 SSN: 193-36-2608 q ?. ?:? ??1 "c? ? ?- ;- ..- N Jay R. Brade an, Esquire Attorney I.D. No.: 07047 126 Locust S t P.O. Box 114 89 Harrisburg, P 17108-1489 (717) 232-660 0 Attorney for P laintiff SHARON K.I MILLER V. DAVID S. 1. 2. lawyer's fee 3. the Court ai the Prothor I unc understand §4904 relat IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3406 CIVIL ACTION - LAW IN DIVORCE I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by that a copy of the decree will be sent to me immediately after it is filed with that the statements made in this affidavit are true and correct. I false statements herein are made subject to the penalties of 18 Pa. C. S. to unsworn falsification to authorities. D ID S. MILLER SSN: 193-36-2608 N ??? • ? .. Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff SHARON K. MILLER Plaintiff V. DAVID S. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3406 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 15, 2006. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. Date: 1 . SHARON K. MILLER SSN: 209-50-8924 C P-4 It) CV v) -n t ?? a N Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff SHARON K. MILLER Plaintiff V. DAVID S. MILLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3406 CIVIL ACTION -LAW IN DIVORCE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I understand 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 unswom falsification to authorities. Date: av)a%_'S? _ SHARON K. MILLER SSN: 209-50-8924 o ? i r ! r - r zr z. SPA ' ? N SHARON K. MILLER, Plaintiff VS. . DAVID S. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 3406 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this aJ day of 2007, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated August 31, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Edgar B. Bayley, P.J. cc: Xy R. Braderman Attorney for Plaintiff /radley L. Gr: Attorney for ] 1 4r `-- Q -? C` 4 CJ V SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made thi s S day of 2007, by and between SHARON K. MILLER, of 132 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, party of the first part, hereinafter referred to as "Wife," AND DAVID S. MILLER, of 107 Race Street, Boiling Springs, Cumberland County, Pennsylvania, 17007, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on May 26, 1979, in Cumberland County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and --Page 1 of 17-- WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to --Page 2 of 17-- I the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. --Page 3 of 17-- 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. AD Th"I F TTT EQUITABLE DISTRIBUTION OFMARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. --Page 4 of 17-- 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. Wife shall remove from the former marital residence the items of personal property listed in Exhibit "A" attached hereto and incorporated herein. Such items shall be removed after coordinating a time for removal with Husband, either through the parties' counsel or individually between the parties. The items must be removed within fifteen days of execution of this Agreement by wife. Thereafter, the parties acknowledge that they will have divided their.personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that with the exception of the items listed in Exhibit "A," they have the cash, accounts, furniture, appliances, guns, household furnishings, and other personal property, tangible and intangible, in their possession that they wish to have and retain from this time forward. With the exception of the items listed in Exhibit "A," which Wife shall remove from the former marital residence within fifteen (15) days of her signing this Agreement, neither party shall make any claim whatsoever against the personal property in the other party's possession or assets in that other partiy's possession from the time of execution of this Agreement forward. 3.4 Life Insurance. Each party shall have and retain sole ownership and possession of any life insurance policies owned in their individual name. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any and all other incidents of --Page 5 of 17-- ownership of their respective life insurance policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish, or transfer any rights in such policies to the respective party who presently owns such policies. 3.5 Subsequently Acquired Property, Husband and Wife hereby waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. 107 Race Street, Boilinz Springs, Cumberland County, Pennsylvania The parties are the joint owners of real estate, as tenants by the entireties, located at 107 Race Street, Boiling Springs, Cumberland County, Pennsylvania. Said real estate is encumbered with a first mortgage due and owing to Wells Fargo and a second mortgage due and owing to Members I't Federal Credit Union. Within thirty (30) days of execution of this Agreement, Husband shall refinance the first and second mortgages on the property so as to remove Wife as an obligor on those mortgages. This shall be accomplished through a refinancing and satisfaction of the mortgages or assumption of the mortgage at Husband's sole discretion. Upon the assumption of the mortgages or the refinancing of the mortgages in a manner that removes Wife as an obligor for all purposes on both mortgages, Wife shall execute a Special Warranty Fee Simple Deed conveying all of her right, title, and interest in the real estate to Husband. Contemporaneously with the refinancing and Wife's execution and delivery of the Deed, Husband shall distribute to Wife the sum of the FIFTEEN THOUSAND AND XX /100 ($15,000.00) as a cash lump sum distribution to --Page 6 of 17-- compensate Wife for her interest in the real estate and in consideration of other provision of this comprehensive Agreement. Husband's counsel shall prepare and provide the Deed to Wife's counsel in advance of the refinancing or assumption settlement so that it can be properly executed, notarized, and delivered at that time. With the exception of the forgoing, Wife waives any and all right, title, and interest in the said real estate of any nature whatsoever that she had in her individual capacity or through her marriage to Husband and shall make no claim from time of execution and delivery of the Deed and her receipt of the Fifteen Thousand dollar ($15,000.00) lump sum distribution that is provided for herein, forward. Pending refinancing of the mortgages, Husband shall be solely and exclusively responsible for repayment of the first and second mortgage in a timely fashion and shall indemnify Wife and hold her harmless from and against any and all collection activity of any nature whatsoever relative to said mortgages. 3.7 Pension, Retirement, Profit-Sharing. Husband hereby waives, relinquishes, and transfers any and all of his right, title, and interest, he has or may have at any retirement account held by Wife, whether through her individual name or through her present or prior employment. This specifically includes, but is not limited to, Wife's interest in the Public School Employees Retirement System Fund, in which she is a participant and which account accrued benefits during the parties' marriage. The parties acknowledge that Husband participates in the Cumberland County Employees Retirement System and Pension Benefit and, as such, has secured a pension through his employment with Cumberland County during the parties' marriage, which is a marital asset. --Page 7 of 17-- Within thirty (30) days of execution of this Agreement, Husband's counsel shall prepare a Qualified Domestic Relations Order to provide for the distribution of $665.55 per month from Husband's monthly retirement pay, which shall be received directly by Wife from the Cumberland County Employees Retirement System as a gross distribution concurrently with the distribution to Husband of his portion of the monthly retirement pay. It is acknowledged that Husband's marital portion of his retirement pay has a present value of $246,717.00. The parties have agreed that Wife shall receive EIGHTY THREE THOUSAND NINE HUNDRED FIFTY SIX AND XX/100 ($83,956.00) DOLLARS of value from Husband's pension. This amount is thirty four percent (34%) of the total value of the marital portion of Husband's pension. The monthly pension benefit accrued by Husband during marriage is ONE THOUSAND NINE HUNDRED FIFTY SEVEN AND 57/100 ($1,957.50) DOLLARS. Thirty four percent (34%) of this amount is amount is SIX HUNDRED SIXTY FIVE AND 55/100 ($665.55) DOLLARS. Husband shall not be obligated to select any specific form or option of retirement or benefit as long as his selection of any pension benefit does not inhibit Wife's receipt of her ongoing monthly benefit of SIX HUNDRED SIXTY FIVE DOLLARS AND 55/100 ($665.55). Wife may begin receiving this monthly benefit as the Plan allows. Wife shall assume all tax consequences associated with receipt of this gross monthly benefit. With the forgoing exception, Wife waives, relinquishes, and transfers any and all right, title, and interest she has or may have in any retirement account held by Husband that Husband may have secured in his individual name or may have secured through his present or prior employment. --Page 8 of 17-- 3.8 Vehicles. The parties acknowledge that Husband had a 1995 Lincoln Towncar in his possession at the time of the parties' separation. However, that vehicle has not passed inspection and is not drivable. Wife shall execute any and all documents necessary to waive, relinquish, and transfer any and all right, title, and interest she has in the aforesaid 1995 Lincoln Town Car within fifteen (15) days of being requested to do so by Husband or his legal representative. The parties acknowledge that Wife has in her sole and exclusive possession a certain 2006 Mazda 626, which is believed to be titled in Husband's name. Within fifteen (15) days of being requested to do so by Wife or her legal representative, Husband will execute any and all documents to transfer all of his right, title, and interest in the aforesaid 2006 Mazda 626 to Wife. From the time of the parties' execution of this Agreement forward, they waive, relinquish, and transfer any and all right, title, and interest of any nature whatsoever in the aforesaid vehicles. 3.9 Intanzible Personal Property. The parties acknowledge that they have distributed their intangible personal property, including cash, checking account, savings accounts, and investment accounts, of any nature whatsoever to their mutual satisfaction. Neither party will make any claim of any nature whatsoever against the other relative to the financial accounts or investments or other intangible personal property that the other party has retained. --Page 9 of 17-- A V TT!'T F TV DEBTS OF THE PARTIES 4.1 The parties acknowledge, except for the joint mortgages previously referenced in paragraph 3.6 above, they do not have any joint indebtedness. Neither party has taken any action to create indebtedness for the other party since their separation in May of 2006 and neither party will take any additional action of any nature from this time forward to create any indebtedness for the other party. Each party is and shall be solely and exclusively responsible for repayment of any and all indebtedness in their name alone and neither party shall make any claim of any nature whatsoever for contribution from the other party relative to indebtedness in their individual name from the time of execution of this Agreement forward. 4.2 Each party represents to the other that except as is otherwise set forth in this Agreement, and more particularly as set forth in subparagraph 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. A RTICT F V ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND MAINTENANCE 5.1 The parties acknowledge that there is an Alimony Pedente Lite Order in effect through the Cumberland County Domestic Relations Office docketed to PACSES Number 464108293 Said Order shall terminate in its entirety, with any arrears being remitted, on the date of the --Page 10 of 17-- parties' Decree in Divorce. Except for funds paid by Husband to Wife under the above referenced APL Order to the date of the entry of a Decree in Divorce in this matter, neither party shall make any claim of any nature whatsoever for support, alimony, alimony pedente lite, or separate maintenance of any nature whatsoever from the other party. With the sole exception set forth above, Husband and Wife do hereby waive, release, and give up any rights they may respectfully have, one against the other, for alimony, alimony pedente lite, spousal support, and maintenance. 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code. 5.3 It is acknowledged that at the time of entry of the parties' Decree in Divorce, Wife will be afforded the opportunity to maintain her insurance coverage through Cumberland County, Husband's employer, through executing a COBRA Agreement and making COBRA payments. Husband shall accept sole responsibility for payment of the COBRA insurance coverage for Wife for a maximum period of two years from the date of the parties' Decree in Divorce. Husband shall make timely payment of each monthly statement so that Wife's health insurance is not interrupted. In the event that Wife remarries, Husband's obligation to maintain payments for the cost of the COBRA insurance shall cease immediately. In the event Wife secures employment where health insurance coverage is available to her, Husband's obligation to maintain payment of the cost for the COBRA health insurance coverage shall cease immediately. --Page 11 of 17-- A R T7(7. F Vl MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Bradley L. Griffie, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Jay R. Braderman, Esquire. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by --Page 12 of 17-- way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal; not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, --Page 13 of 17-- and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 6.8 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. --Page 14 of 17-- 6.9 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the --Page 15 of 17-- parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: AO& 1-00 Date SHARON K. MILLER Date DA ID S. MILLER --Page 16 of 17-- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CQ" e&e On this day ofU 2007, before me, the undersigned officer, personally appeared DAVID S. MILLER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTANAL '"WFAW IL Now PLMO cadw my Comct?eiW h' ices Nbw 3, 2410 COMMONWEALTH OF PENNSYLVANIA COUNTY OF (_? h, < r, On this ' „ J '`day of 2007, before me, the undersigned officer, personally appeared SHARON K. MILLER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Y i h' . it nry4 /?/hiI??J ii1 ;'e??tt`11iw?i??rn:? ?. City of Harrisburg Dauphin Co; nt.; My Commission Expires 14ov. tai, rK?', 11 --Page 17 of 17-- Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Tel: (717) 232-6600 Fax: (717) 238-3816 E-mail: ibraderman _thewiselawyer.com Attorney for Plaintiff SHARON K. MILLER Plaintiff V. DAVID S. MILLER Defendant sav ww_ 'U PROOF OF SERVICE iF-ILD r'.f1A.!i_ REUt-.1p] Mail Only; No Insurance Coverage Provlded? E ru m M -0 ru 0 0 0 0 r9 co 0 .n 0 0 r- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3406 CIVIL ACTION -LAW IN DIVORCE , 2, wnd & Nw complete d D*4wy N desired. ad,- " on the reveme? tum the card to you. David S. Miller 107 R*,-e Street m* Springs, PA 17007 YM, w 48T. Y E3 egxeee rou 13 ReU, RernlptforMwdwn... O C.O.D. 2. Av*WN°"im 7006 0610 0002 6332 2958 (11a?wlbF ?«?rMoe P8 Form 381 , F**Wu ry 2W4 =;=R .otlpe -? ca 5 1 - _ Q0 CD s - Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Tel: (717) 232-6600 Fax: (717) 238-3816 E-mail: ibradermanCcthewiselawyer.com Attorney for Plaintiff SHARON K. MILLER Plaintiff V. DAVID S. MILLER Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3406 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: June 22, 2006, via U.S. Mail, Certified, Return Receipt Requested, Restricted Delivery, #7006 0810 0002 6332 2958, original USPS Certified Mail Receipt and PS Form 3811, Domestic Return Receipt, attached hereto. 3. Date of execution of the Affidavit required by Section 3301(c) of the Divorce Code: August 31, 2007, by Plaintiff. By Defendant: September 6, 2007. Plaintiffs 1 Affidavit was filed with the Prothonotary on September 24, 2007. Defendant's Affidavit was filed with the Prothonotary on September 12, 2007. 4. There are no related claims pending. Plaintiff filed a Praecipe to Withdraw Economic Claims contemporaneously with this Praecipe. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiffs Waiver was executed on August 31, 2007. Defendant's Waiver was executed on September 6, 2007. Plaintiff's Waiver was filed with the Prothonotary on September 24, 2007. Defendant's Waiver was filed with the Prothonotary on September 12, 2007. Ily submitted, Date is /'/0. J r erman, Esquire . No. 07047 tt Fox' P 114 89 26 Locust Street Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff . ` '_ rn ;ZZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHARON K. MILLER i? PLAINTIFF VERSUS DAVID S. MILLER DEFENDANT NO. 06-3406 DECREE IN DIVORCE AND NOW, Nove.??oc.r 1100 IT IS ORDERED AND DECREED THAT SHARON K MILLER , PLAINTIFF, AND DAVID S. MILLER DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COURT: PROTHONOTARY ??- ?? ?d ??? ? - fie' ?? ? ?i .?:-. M. rx(.) SHARON K. MILLER, Plaintiff V. DAVID S. MILLER, Defendant OCT 0 b 2007 ?Jll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, o6-3yo1e IN DIVORCE DOMESTIC RELATIONS ORDER AND NOW, this 5ff- day of Alo , 2007, it appearing to the Court that: The parties hereto were husband and wife. The parties were married on March Nb?9b-1,w 26, 1979 and were divorced by this Court on_S*p4euAw, ) 2007. The parties were married and cohabiting for a period of TWENTY-SEVEN (27) years. David S. Miller, Defendant, hereafter referred to as "Defendant" or "Member," is a member of the County Employees Retirement System of Cumberland County, Pennsylvania, hereafter referred to as the "System," created under the County Pension Law, 53 P.S. § 11651 et seq. The Defendant began to participate in the System on September 19, 1983. Defendant accrued a pension benefit under the System for a period of 22.67 years from his date of participation to the parties' date of separation: The parties' have determined a set monthly benefit to which the Alternate Payee shall be entitled from Member's "County Annuity." 3 The name, last known address, social security number, and date of birth of the Member are: Name: Address: Social Security Number Birth Date: David S. Miller 107 Race Street Boiling Springs, PA 17007 193-36-2608 June 26, 1947 The name, last known address, social security number, and date of birth of the "Alternate Payee" are: Name: Address: Social Security Number: Birth Date: Sharon K. Miller 132 W. Green Street Mechanicsburg, PA 17055 209-50-8924 January 24, 1957 IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. Alternate Payee's Share of County Annuity: The Alternate Payee is entitled to a portion of the Member's accrued "county annuity" under the Plan as of May 20, 2006. No benefits are payable under this paragraph unless the Member has achieved a vested status. The agreed upon amount is $665.55 per month. 2. Commencement Date of Payment to Alternate Payee: The Alternate Payee may elect to commence her benefits under the System as of the earliest retirement age at which the Member is eligible to commence benefits under the System, regardless of whether the Member elects to retire or receive benefits at that time. Should any early commencement reduction be necessary in the event that the Alternate Payee commences her benefits prior to Member's "Superannuation Retirement Age," then such reduction shall be applied to Alternate Payee's benefits in accordance with the applicable provision of the County Pension Law. 3. Form of Payment to Alternate Payee: The Alternate Payee may elect to receive her benefits in any one of the allowable benefit options permitted under the terms and provisions of the County Pension Law, other than a benefit option that pays a i survivor annuity. The form of benefits elected by the Alternate Payee is to be based on the life expectancy of such Alternate Payee. Any actuarial reduction which might be necessary to convert Alternate Payee's benefits to one based on the Alternate Payee's lifetime shall be applied to the Alternate Payee's benefits. 4. Early Retirement Subsidy: The Alternate Payee shall not be entitled to a pro-rata share of any employer early retirement subsidy provided to the Member on the date of his retirement. 5. Pre-Retirement death Benefits: (a) The Alternate Payee shall be considered the beneficiary for the purpose of receiving the death benefit payable under the System to the extent accrued in accordance with paragraph 1 above in the event of the death of the Member before retirement, in lieu of the otherwise awarded benefit. The amount of such death benefit shall be determined using the service and accrued benefit as would be awarded to a spouse upon the death of the Member before retirement, adjusted to reflect the amount otherwise awarded by this Order as a pension. Any such surviving spouse benefits are in lieu of the benefits otherwise awarded by this Order. The Member retains the right to name a beneficiary or beneficiaries for the balance. (b) Any pre-retirement death benefit payable pursuant to this Order under the provisions of the System shall be payable to the Alternate Payee so long as the Alternate Payee has not commenced to receive benefits under any other provision of this Order. If such a death benefit is paid to the Alternate Payee, then no other benefit under the System shall be payable to the Alternate Payee. In the event the Alternate Payee has already commenced receiving benefits under some other provision of this Order at the time of the Member's death prior to retirement, the Alternate Payee shall continue to receive those benefits and shall not receive any other benefits under the System. 6. Suspension of benefits: If the Member's benefits are suspended due to his return to employment, the Alternate Payee's Benefits will not be suspended. 7. Death: In the event of the death of a party hereto, the System shall be entitled to recover any payments issued on the assumption that such person was alive. If the Alternate Payee predeceases the Member prior to the commencement of her benefits, the Alternate Payee's portion of the Member's benefits, as stipulated herein, shall revert to the Member. Should the Alternate Payee predecease the Member after his benefit commencement date, then such remaining benefits, if any, will be paid in accordance with the form of benefit elected by such Alternate Payee. 8. 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 County Pension Law; i a (b) to require the System to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another domestic relations order that was previously submitted and approved by the Administrator; or (d) to make any payment or take any action which is in consistent with any federal or state law, rule, regulation or applicable judicial decision. 9. Certification of Necessary Information: All payments that are made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Member to the Administrator of such information as the Administrator may reasonably require from such parties to make the necessary calculation of the benefit amount contained herein. 10. Notification of Name and Address Changes: The parties shall promptly notify the Administrator of any changes in their names or addresses as set forth above. 11. Constructive Receipt: In the event that the Trustees of the System inadvertently pay to the Member any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Member shall immediately reimburse the Alternate Payee to the extent that the Member has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Member's benefits under the System and is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. If any provision of this Order is inapplicable it shall be ignored and it shall not affect the validity of other provision or of the Order itself. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its status as a domestic relations order and the original intent of the parties as stipulated herein. BY THE COURT: Miller, Alternate Payee Date David S. Miller, Member bw 1j, -) IfU 1" 1-4 OL I-ago SAIC60 - Z49/07//l C C : I WJ S- AOM L0OZ ?Hi 2`0 V,l J ! lid SHARON K. MILLER, Plaintiff/Petitioner VS. DAVID S. MILLER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-3406 CIVIL TERM IN DIVORCE PACSES Case No: 049,108524 ORDER OF COURT AND NOW to wit, this 8th day of November 2007, it is hereby Ordered that the Order for Alimony Pendente Lite in the above captioned matter is terminated effective November 1, 2007 pursuant to the parties' Separation and Property Settlement Agreement and the Decree in Divorce. The parties agree that any remaining arrears are remitted and there is no balance due. BY THE COURT: 1* -L ?J? ? M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Bradley L. Griffie, Esq. Jay R. Braderman, Esq. Form OE-001 Service Type: M Worker: 21005 t`; ?? , _ ? ?.? ? ?? ,-,a- ?-t .? ,v - _ ? ; ?? ?.? 6 -_-. y ` r : ? _. .' ?"' ?'- ' ? =- r; ,_ C.,7 .,. .. " ' --- ;,,,, ^ ° Ca? '?. 1W ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/08/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 049108524 06-3406 CIVIL RE: MILLER, DAVID S. O Original Order/Notice O Amended Order/Notice XO Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 193-36-2608 Employee/Obligor's Social Security Number CUMBERLAND COUNTY 0111101676 C/O CONTROLLERS OFFICE Employee/Obligor's Case Identifier 1 COURT HOUSE SQ (See Addendum for plaintiff names CARLISLE PA 17013-3323 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. $ p. 00 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0. 00 per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o . 00 per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: NOV 0 9 2007 DRO: R. J. SHADDAY Service Type m r ?-kr-,4,v V M.L. EI?ERT,-JR., JUDGE Form EN-028 Rev. OMB No.: 0970-0154 Worker I D $ IATT i ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to provide a copy of this form to your m loyee. If yo r employee works in a state tha is diferent from the state that issued this order, a copy must be provideedpto your employee even if the box is not checed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*Repo,t*iigtliePaydate/E)ateofW*t'i'ioldi.,r,. You must iepo. t the paydate/date of withholding wl ei , sep id 0I 1r, tile pay, I lei it. The paydate/date of withholding is the date on which amount was withheld fion, the employeeln. wageb. You must comply with the law of the state of the employee'stobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2360031190 EMPLOYEE'S/OBLIGOR'S NAME: MILLER, DAVID S. EMPLOYEE'S CASE IDENTIFIER: 0111101676 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I I. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT W ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MILLER, DAVID S. PACKS Case Number 049108524 Plaintiff Name SHARON K. MILLER Docket Attachment Amount 06-3406 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 . ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. Service Type M Worker ID $IATT OMB No.: 0970-0754 C"' ra .S';! C ? ???.,;; ??` ? ..C ; `O ?3 -? t: t' `i C ? ? ?