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Home My WebLink About06-66781. A KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06 . G G 7S' KELLY L. HOUPT, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW KELLY L. HOUPT, NO. G G 7 p! `7r, ?,,.r. Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 C OR3301(D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by his attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is Kevin E. Houpt, who currently resides at 357 Cumberland Ave., Chambersburg, Franklin County, Pennsylvania 17201, having so resided since May 2004. 2. Defendant is Kelly L. Houpt, who currently resides at 1712 Kent Road, Camp Hill, Cumberland County, Pennsylvania 17011, having so resided since 1991. 3. Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 8, 1989, in Cumberland County, Pennsylvania. 5. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 6. There has been no prior action for divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff prays your Honorable Court to: a) enter a Decree in Divorce from the bonds of matrimony, and b) such other relief as the Court may deem equitable and just. Respectfully submitted, Date: l Alfo By: 4G-.. Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Kevin E. Houpt a C CIO . vJ ??. Tom ^ - ? a n KEVIN E. HOU P v KELLY L. HOL E Kevin E. claims: (X) L 1 ? and in support o (1) Disc this (2) The (3) The (4) (a) I (b)? (c) (5) The (6) The (7) Add Date: ?X//vk IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- 6678 CIVIL TERM : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Houpt, Plaintiff, moves the court to appoint a master with respect to the following vorce Pendente Lite said motion states: (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses ,ry is not complete as to the claim(s) for which the appointment of a master is od as Plaintiff will have the residence appraised. However, it is anticipated that 1 be accomplished before the scheduling of a Master's Hearing. fendant has appeared in the action personally. tutory ground for divorce is irretrievable breakdown. divorce action is not contested. agreement has been reached with respect to the following claims: None. action is contested with respect to the following claims: Equitable Distribution. ion does not involve complex issues of law or fact. firing is expected to take approximately one day. anal information, if any, relevant to the motion: None. Gary IjRothschild, Esquire Sup. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff KEVIN E. HOU P v KELLY L. HOL IN THE COURT OF COMMON PLEAS ,tiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- 6678 CIVIL TERM ndant IN DIVORCE CERTIFICATE OF SERVICE I, Gary I have served a date and in the . Rothschild, Esquire, attorney for the Plaintiff, Kevin E. Houpt, hereby certify that opy of the foregoing Motion for appointment of Master on the following on the ,anner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Kelly L. Houpt 1712 Kent Road Camp Hill, PA 17011 Mark T. Silliker, Esquire SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 Date: Gary Rothschild, Esquire Sup. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff ? ? C_ °?, .x,17, e aa» Ct1 r f, t_i_ ? f t, , --- ? L ? ... c " ..... r ' ,,,? ?.:. ? . ?? .?' , ? KEVIN E. HOUPT, Plaintiff V. KELLY L. HOUPT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- 6678 CIVIL TERM IN DIVORCE PRAECIPE TO ADD COUNT TO COMPLAINT IN DIVORCE To the Prothonotary: Please add the following Count to the above-captioned matter. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs one through nine of the Complaint In Divorce filed on November 21, 2006 are hereby incorporated by reference herein as if fully set forth. 11. Plaintiff and Defendant possess various items of personal and real marital property which are subject to equitable distribution by the Court. 12. Plaintiff requests equitable distribution of the parties' personal and real property. WHEREFORE, Plaintiff prays that Your Honorable Court: (a) Equitably divide and distribute all real and personal property owned by the parties; and (b) Grant such further relief as the Court may deem equitable and just. Date: 11I?. Respectfully submitted, By: / Gar . Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff - KEVIN E. HOUPT, Plaintiff V. KELLY L. HOUPT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- 6678 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Gary L. Rothschild, Esquire, attorney for the Plaintiff, Kevin E. Houpt, hereby certify that I have served a copy of the foregoing Praecipe on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Kelly L. Houpt 1712 Kent Road Camp Hill, PA 17011 Mark T. Silliker, Esquire SILLIKER & REINHOLD 5922 Linglestown Road Harrisburg, PA 17112 ofa? ?J ?z Date: Gary L_. othschild, Esquire Sup. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff Q r ^' < C=l a <? KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06- 6678 KELLY L. HOUPT, : CIVIL ACTION -LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Kelly L. Houpt, Defendant in the above-captioned matter, hereby certify that I received a Complaint in Divorce as well as Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code in the above-captioned matter on or about November 29, 2006, by first-class mail, postage prepaid, at the following address: Ms. Kelly L. Houpt, 1712 Kent Road, Camp Hill, Pennsylvania, 17011 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.3. §4904 relating to unsworn falsification to authorities. Date: / a Kell L. oupt '?7/7 C"7 N ca `r1 ,.? -Ti •-a KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 06- 6678 CIVIL TERM KELLY L. HOUPT, Defendant IN DIVORCE INVENTORY OF KEVIN E. HOUPT Plaintiff, Kevin E. Houpt, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements, if any, herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Keen E. Houpt, Plaintiff KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 06- 6678 CIVIL TERM KELLY L. HOUPT, ; Defendant IN DIVORCE ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) 1. Real Property (x) 2. Motor Vehicles () 3. Stocks, bonds, securities and options O 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () S. Trusts (x) 9. Life insurance policies Husband's ING Polic Face value: $ 65,634.00 Cash Surrender Value: $ 590.93 DOM $ 9,017.42 DOS Current beneficiaries: Husband's father Husband's Policy through employe $ 80,000.00 $ -0- $ -0- Husband's father ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business: Owners: ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/award O 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/ V.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other KEVIN E. HOUPT, Plaintiff V. KELLY L. HOUPT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- 6678 CIVIL TERM : IN DIVORCE MARITAL PROPERTY: Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. ITEM DESCRIPTION OF NAMES OF NUMBER PROPERTY ALL OWNERS 1. Marital Residence Husband and Wife 1712 Kent Drive Camp Hill, PA 17011 2. 1995 Ford Taurus Husband and Wife 2. 1994 Ford Taurus Husband 2. 1989 Ford Tempo Husband (sold 2006) 2. 1985 F 150 Truck Husband (sold 2006) 5. Members 1st checking account Husband and Wife 5. Members 1St Christmas Club account Husband and Wife 6. Members 1St savings account Husband and Wife 9. Life Insurance Policy Husband 19. 401(k) account at L. B. Smith Husband 25. Personal Property Husband and Wife KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 06- 6678 CIVIL TERM KELLY L. HOUPT, Defendant IN DIVORCE NON-MARITAL PROPERTY: Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM DESCRIPTION OF REASON FOR NUMBER PROPERTY EXCLUSION 9. Life Insurance Policies Owned by Husband before marriage (Pre-marital value and post separation increases in value) 19. 401(k) account at L. B. Smith Owned by Husband before marriage (Pre-marital value, post separation contributions and portion of post separation increases in value) KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 06- 6678 CIVIL TERM KELLY L. HOUPT, Defendant IN DIVORCE PROPERTY TRANSFERRED: Plaintiff lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred. ITEM DESCRIPTION OF NUMBER PROPERTY 2. 1985 Ford F150 2. 1989 Ford Tempo DATE OF CONSIDER- TRANSFER ATION 2/2/06 $ 100.00 12/29/06 $ 100.00 PERSON TO WHOM TRANSFERRED Elijah P. Lentz David W. Taylor r: KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v : NO. 06- 6678 CIVIL TERM KELLY L. HOUPT, Defendant : IN DIVORCE LIABILITIES: Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date of separation. ITEM DESCRIPTION OF NAMES OF NAMES OF NUMBER PROPERTY ALL CREDITORS ALL DEBTORS 1. Mortgage on residence Washington Mutual Husband and Wife 19. Loan against 401(k) Husband's 401(k) account Husband n/a Personal Loan Citi financial Services, Inc. Husband n/a Hospital bills Holy Spirit Health System Husband Respectfully submitted: Date: By. Gary . Rothschild, Esquire Sup. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff {'?) n,? ... r_.? .. ,? (,_? C?'1 l2 ?-. _. .: • ? ? h,? .. . l ,: -_? * .. ... ??. % . APR 1 42008 1?-V ?- KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 06- 6678 CIVIL TERM KELLY L. HOUPT, Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, , 2008, Esquire, is appointed master with respect to the following claims: T//2? .ipiirf BY CT '- 7. ` MOVING PARTY Name: Kevin E. Houpt ? Attorney's Name: Gary L. Rothschild Attorney's Address: 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 Attorneys Telephone #: (717) 540-3510 NON-MOVING PARTY Name: Kelly L. Houpt ?Attorney's Name: Mark T. Silliker, Esquire Attorney's Address: 5922 Linglestown Road Harrisburg, PA 17112 Attorney's Telephone #: (717) 671-1500 Attorney's E-Mail: glrothlaw@comcast.net Attorney's E-Mail: sillikerlaw@panetwork.com 00p'-es mt1dieL +aa _ - i LW c•?a KEVIN E. HOUPT, PLAINTIFF VS. KELLY L. HOUPT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 06-6678 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIMS AND NOW, comes the Defendant, KELLY L. HOUPT, by her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to the Plaintiff, KEVIN E. HOUPT's Divorce Complaint, and in support thereof asserts as follows: 1. Denied; It is denied the Plaintiff lives at the stated address. By way of further information, Plaintiff resides at 402 Radcliffe Drive, Apt B, Harrisburg, PA 17109-5453. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. COUNTERCLAIM COUNTI DIVORCE UNDER SECTION 3301(a)(2) OF THE DIVORCE CODE ADULTERY 11. Paragraphs 1 through 10 are incorporated by reference, herein. 12. The Plaintiff has committed acts of adultery with several other females during the marriage, the most recent woman, specifically, DARCEL LENKER, in violation of his marital vows. WHEREFORE, the Defendant respectfully requests this Honorable Court enter a Decree in Divorce. COUNT II DIVORCE UNDER SECTION 3301(a)(3) CRUEL AND BARBAROUS TREATMENT 13. Paragraphs 1 through 12 are incorporated by reference, herein. 14. Plaintiff has by cruel and barbarous treatment endangered the life and/or health of the Defendant, the innocent and injured spouse. WHEREFORE, the Defendant respectfully requests this Honorable Court enter a Decree in Divorce. COUNT III DIVORCE UNDER SECTION 3301(a)(6) INDIGNITIES 15. Paragraphs 1 through 14 are incorporated by reference, herein. 16. Plaintiff has offered such indignities to the Defendant, the innocent and injured spouse, as to place her physical and mental health in jeopardy creating physical and mental conditions intolerable and life burdensome. WHEREFORE, the Defendant respectfully requests this Honorable Court enter a Decree in Divorce. COUNT IV ALIMONY 17. Paragraphs 1 through 16 are incorporated by reference, herein. 18. Defendant lacks sufficient property to provide for her reasonable needs. 19. Defendant is unable to sufficiently support herself through appropriate employment. 20. Plaintiff has sufficient income and assets to provide continuing and indefinite support for Defendant. WHEREFORE, the Defendant respectfully requests this Honorable Court compel the Plaintiff to pay alimony to the Defendant. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 21. Paragraphs 1 through 20 are incorporated by reference, herein. 22. By reason of the institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 23. Defendant 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. 24. The Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 25. The Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, the Defendant respectfully requests this Honorable Court compel the Plaintiff to pay alimony pendente lite as well as pay the Defendant's counsel fees, costs and expenses. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: August, 2008 Susan Kay Candiel , PA I.D. # 64998 4010 Glenfinnan Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DATED: T g KELLY L. HO P KEVIN E. HOUPT, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006-6678 CIVIL TERM KELLY L. HOUPT, : CIVIL ACTION -LAW DEFENDANT : ACTION FOR DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant, Kelly L. Houpt. Respectfully submitted, Dated: August _i? 2008 T. Silliker, Esquire Counsel for Defendant PA I.D. # T3-f7/ 5922 Linglestown Road Harrisburg, PA 17112 PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Kelly L. Houpt. Respectfully submitted, Dated: August ?L, 2008 Law Firm of Susan Kay Candiello, P.C. -usan Kay can ' i Counsel for Zfendla PA I.D. # 64 4010 Glenfinnan Placre Mechanicsburg, PA 17055 (717) 724-2278 ?, ; C"1 na ?: . n ;?: ' ? U urn ? ? ..._. -? m x,,, ? ?, a ? ?,; y. i ._ +..,,< ?,._ '^? ?.,.J ^YY GARY L. ROTHSCHILD, ESQUIRE Attorney for Plaintiff PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06-6678 CIVIL TERM KELLY L. HOUPT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on November 21, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: L By: _ ?_X;v Kelly L. o t, efe dant ALED-&}tE OF THE PROTHONOTARY 2009 APR -2 PM !: 06 CUMBZ',, ice' _-?-UNTY P& MSYLVA"AA, GARY L. ROTHSCHILD, ESQUIRE Attorney for Plaintiff PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 KEVIN E. HOUPT, Plaintiff V. KELLY L. HOUPT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-6678 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: By: .3 1) ?/b q Kelly . H upt, De ndant MLA i` OF THE PP07 QTARI' 2H9 APR -2 PM t: Ob DE ?j GARY L. ROTHSCHILD, ESQUIRE Attorney for Plaintiff PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06-6678 CIVIL TERM KELLY L. HOUPT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(C) of the Divorce Code was filed on November 21, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: By: n E. Houpt, Plaintiff OF ~j OTARY 2009 APR -2 PFD 1: 06 GARY L. ROTHSCHILD, ESQUIRE Attorney for Plaintiff PA Supreme Court I.D. # 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06-6678 CIVIL TERM KELLY L. HOUPT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: ? -7 D By: vin E. Houpt, Plaintiff RLED-CFFCE OF THE P,90?QTARY 2009 APR -2 PIS 1: Q 6 vSAYANI sle KEVIN E. HOUPT, VS. PLAINTIFF KELLY L. HOUPT, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 06-6678 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAWAL ADDITIONAL COUNTS IN DIVORCE xTo the Prothonotary: Please withdrawal the additional counts of: Adultery; Cruel and Barbarous Treatment; Indignities; Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expense filed by the Defendant. Dated: March 19, 2009 Respectfully submitted, LAW FIRM OF SUSAN KAY ?`usan Kay Can 'ello Esquire Counsel for D end nt PA I.D. # 649 4010 Glenfinnan Place Mechanicsburg, PA 17055 Telephone: 717-724-2278 Fax: 717-724-2279 , P.C. T?f '?TARY OF 2009 APR -2 PH 1: 06 PE NN S YL1! =°: `'i sly MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this G'- day of l?i? 2009, by and between KEVIN E. HOUPT and KELLY L. HOUPT. RECITALS Wife's Birthday and Social Security Number: February 2, 1963 xxx-xx-7935 Husband's Birthday and Social Security Number: March 15, 1965 xxx-xx-4306 Date of Marriage: April 8, 1989 Place of Marriage: Cumberland County, PA Last Marital Residence: 1712 Kent Road, Camp Hill, Cumberland County, PA 17011 Date of Separation: Children: SIDNEY N. HOUPT, born on March 30, 1991 CADE R. HOUPT, born on May 22, 1994 Pending Court Proceedings: None Divorce Court of Common Pleas No. 2006-6678 of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and Gary L. Rothschild, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION 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. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most thirty (30) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause 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 her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, 4010 Glenfinnan Place, Mechanicsburg, Pennsylvania 17055, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Gary L. Rothschild, Esquire, 2215 Forest Hills Drive, Suite 35, Northwood Office Center, Harrisburg, Pennsylvania, 17112, or such other address as Husband from time to time may designate in writing. 5 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et .seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 7 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1989 Ford Tempo is titled solely in Husband's name. The parties have agreed this vehicle shall hereafter be the sole and exclusive property of Husband. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. B. The 1985 Ford F150 Truck is titled solely in Husband's name. The parties have agreed this vehicle shall hereafter be the sole and exclusive property of Husband. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. C. The 1994 Ford Taurus Truck is titled solely in Husband's name. The parties have agreed this vehicle shall hereafter be the sole and exclusive property of Husband. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. D. The 1995 Ford Taurus, which is titled solely in Husband and Wife's names. The parties have agreed this vehicle shall hereafter be the sole and exclusive property of Wife. Husband agrees to sign the title to the vehicle placing the vehicle in the name of Wife alone. Wife agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. E. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. F. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lien holder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lien holder. 3. BANK ACCOUNTS The parties had joint checking and savings accounts and a Christmas Club with Members First Bank. Husband has agreed to execute such documents as necessary to close these accounts. The parties have divided all the monies in these accounts to their mutual satisfaction. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to these accounts. The funds from these accounts shall hereafter be the sole and exclusive property of the party in possession of them. Wife has a checking and savings account with Members First Bank in her name alone, which she opened after the parties separated. Husband agrees to specifically waive, release, renounce and forever abandon any claims he may have with respect to this account. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 4. LIFE INSURANCE Husband has a life insurance through his employer, L.B.Smith. Husband agrees to make each of his children the beneficiary of one fourth (1/4) of this life insurance policy until each child attains the age of nineteen (19) or is no longer a full time student. If the son, Cade is a minor when he receives the proceeds from this life insurance, his sister, Sidney shall be the trustee for the son's proceeds from the life insurance. Wife agrees to waive any right, title and interest she may have in husband's life insurance through his employer, L.B.Smith. Husband has a life insurance through ING, valued at Nine Thousand Dollars and No Cents ($9,000.00). Husband agrees to make each of his children the beneficiary of one fourth (1/4) of this life insurance policy until each child attains the age of nineteen (19) or is no longer a full time student. If the son, Cade is a minor when he receives the proceeds from this life insurance, his sister, Sidney shall be the trustee for the son's proceeds from the life insurance. Wife agrees to waive any right, title and interest she may have in husband's life insurance with ING. Wife does not have any life insurance. 5. RETIREMENT INTEREST Husband Husband has a 401k through his employer, L.B. Smith. Wife has agreed Husband shall keep his 401k. Wife agrees to waive all right, title and interest she may have or assert against Husband's 401k through his employer, L.B.Smith. Wife Wife does not have any retirement interests. 6. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value Husband and Wife jointly own real property located at 1712 Kent Road, Camp Hill, Cumberland County, Pennsylvania, 17011. The parties have a mortgage in joint names with Washington Mutual. Wife has requested to keep the marital residence and Husband has agreed. The marital residence has been appraised at One Hundred Seven Thousand Dollars and no cents ($107,000.00). There is a mortgage with Washington Mutual in the approximate amount of Thirty-Four Thousand Dollars and no cents ($34,000.00). There is approximately Seventy-Three Thousand Dollars and No Cents ($73,000.00) of equitable value in the marital residence. Husband shall receive as his equity in the marital residence Twenty Thousand Dollars and No Cents ($20,000.00) four (4) years from the date of the execution of this Agreement. During the four (4) years Wife shall be responsible for all taxes, insurance, mortgage payments, loans, liens and repairs to the marital residence. During these four (4) years, Husband shall not have the right to enter the property or make any decisions regarding this property. If Wife should fail to pay any of the taxes or mortgage payments on this property which cause this property to be in jeopardy of foreclosure Husband shall be able to take all actions necessary to prevent the foreclosure of this property. At the time of the execution of this Agreement Wife's attorney shall draft a deed to the marital residence. Husband shall sign this deed at the time of the execution of this Agreement. During these four (4) years, Husband's attorney shall hold this deed in escrow, said deed to be released to Wife at the time the marital property is refinanced or sold. On or before the expiration of the four (4) years, Wife shall take such actions to cause the Husband's name to be removed from the mortgage with Washington Mutual. Husband's attorney shall cooperate with Wife in providing the executed deed as needed to complete the refinancing or sale of the marital residence. Wife shall thereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. Should Husband die before the expiration of the four (4) year period, Husband's right to the Twenty Thousand Dollars and No Cents ($20,000.00) from the marital residence shall expire. 7. CHILDREN'S SCHOOL FUNDS Husband and Wife agree the children had a fund valued at Three Thousand Five Hundred Dollars and No Cents ($3,500.00) for their college expenses. Husband agrees he will pay each child the sum of One Thousand Seven Hundred Fifty Dollars and No Cents ($1,750.00) for their college expenses. This sum shall be paid to each child in payments in the amount of Three Hundred Dollars and No Cents ($300.00) at the beginning of each semester while the child is enrolled in an institution of advanced education or training as a full time student. If the child decides not to attend an institute of advanced education or training after graduation from high school, there shall be no obligation by Husband to pay either child any monies. 8. JOINT DEBTS AND LIABILITIES The only joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) Mortgage on the Marital Residence with Washington Mutual. Wife shall refinance, assume or sell the marital residence removing Husband's name from the mortgage four (4) years of the date of the execution of this Agreement. During this interium, to Wife shall be responsible for all mortgages, loans, liens, taxes, and insurance on the marital residence. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 10. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. ALIMONY/ COBRA HEALTHCARE 11 The parties have agreed Husband shall pay to Wife alimony in the amount of the cost of COBRA, for health insurance benefits, (not to include dental and vision benefits), to be provided for through Husband's employer, L.B.Smith. Wife shall have the ability to obtain a statement of the amount of COBRA on the Employer's insurance company's letter head. If the amount of alimony/COBRA payment changes Wife shall be entitled to obtain a new statement of the COBRA amount. Wife shall be responsible to provide Domestic Relations with a correct statement of the amount of COBRA which Husband is to pay. Husband shall pay this amount to the Domestic Relations Section for three (3) years from the date of the execution of this Agreement. This payment through Domestic Relations shall be considered as alimony to Wife and shall be includable in Wife's income under Section 71 of the Internal Revenue Code and deductible, to the extent permitted by the Internal Revenue Service, from Husband's income for tax purposes under Section 215 of the Internal Revenue Code. Should Wife obtain health insurance benefits through an employer, Wife shall continue to receive this payment for the full three (3) years and may use the payment for other expenses. Should Husband die before the total of these payments have been paid to Wife, the remaining payments shall be terminated. 12. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 13. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. 12 ft y UPT, id KI WIFE IN E. HOUPT HUSBAND COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the 1 R th day of _ 'MqXAZ , 2009, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KELLY L. HOUPT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. NOVA" am NANMIM WIN CWMMKAM COWRY 0V Commw" Nat lM11 is. 2011 COMMONWEALTH OF PENNSYLVANIA i 'Al A, A11A No ry Pub is My Commission Expires SS: COUNTY OF CUMBERLAND On this, the day of 2009, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared KEVIN E. HOUPT known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MINDY S. GOODMAN, Notary Public City of Harrisburg, Dauphin County 13 My Commission Expires May 21, 2009 KEVIN E. HOUPT, Plaintiff VS. . KELLY L. HOUPT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 6678 CIVIL IN DIVORCE ORDER OF COURT , AND NOW, this _ day of (2j2& -V 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital property settlement agreement dated March 27, 2009, 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, 7CA G? Edgar B. Bayley, P.J. cc: Xarr, L. Rothschild orney for Plaintiff Xsan Kay Candiello Attorney for Defendant V ?Ji??lllAS"r?.-sc' r1 I' =8 NV £- SJV 6002 MILO?MV 1? ORDER/?OTICE TO WITHHOLD INCOME FOR SUPPORT 06-6678 CIVIL State Commonwealth of Pennsylvan A_ Co./City/Dist. of CUMBERLAND Date of Order/Notice 04/09/09 Case Number (See Addendum for case summary) Federal EIN Number L B SMITH INC 2010 STATE RD CAMP HILL PA 17011-5921 204-50-4306 Employee/Obligor's Social Security Number 4309101445 Employee/Obligor's Case Identifier (See Addendhm for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for 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 empl yee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 739.00 per month in c $ o.oo per month in p $ 0.00 per month in c $ o. oo per month in p $ 288.56 per month in c $ 5 . oo per month in p $ 0.00 per month for I $ o. oo per month in o $ one-time lump for a total of $ 1,032.56 per You do not have to vary your pay cyc the ordered support payment cycle, u $ 238.28 per weekly pay p, $ 476.57 per biweekly pay it child support ue child support it medical support ue medical support it spousal support ue spousal support tic test costs (specify) Arrears 12 weeks or greater? O yes ® no payment to be forwarded to payee below. e to be in compliance with the support order. If your pay cycle does not match e the following to determine how much to withhold: riod. $ 516.28 per semimonthly pay period (twice a month) aeriod (every two weeks) $ 1, 032.56 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 Or er/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 ( ee #9 on page 2). If required by Pennsylvania law (23 A C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and isbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 0 110 00 Make Remittance Payable to: SCDU Send check to: Pennsylvania S DU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST 1 CLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Cas Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 OOriginal Order/Notice 698107058 45 S 2005 OAmended Order/Notice OTerminate Order/Notice (Done-Time Lump Sum/Notice RE: HOUPT, KEVIN E. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 4 Worker ID $ IATT ADDITIONAL I El If#hecke you are required top di erent rom the state that issue 1. Priority: Withholding under this Order/N Federal tax levies in effect before receipt of tl agency listed below. 2. Combining Payments: You can combine each agency requesting withholding. You m employeelobligor. RMATION TO EMPLOYERS AND OTHER WITHHOLDERS side a?opy of this form to your m loyee. If yorr employee works in a state that is his order, a copy must be provigedpto your employee even if the box is not checked. ce has priority over any other legal process under State law against the same income. order have priority. If there are Federal tax levies in effect please contact the requesting iheld amounts from more than one employeelobligor's income in a single payment to however, separately identify the portion of the single payment that is attributable to each 3.* Reporting the Paydate/Date of Withhol ing: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on w ich amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal pl ice of employment with respect to the time periods within which you must implement the withholding order and forward the support p yments. 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 p incipal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must pro ptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested an return a copy of this Order/Notice to the Agency identified below. 2310990900 THE PERSON HAS NEVER WORKED FOR HIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 13 EMPLOYEE'S/OBLIGOR'S NAME: HOUPT, KEVIN E. EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRE 6. Lump Sum Payments: You may be requ severance pay. If you have any questions al 09101445 DATE OF SEPARATION: FINAL PAYMENT AMOUNT: to report and withhold from lump sum payments such as bonuses, commissions, or lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income a the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a Fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary acti n against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net i come left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contribution and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the dis osable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The sup ort amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Orde Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in hich the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable inc me and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with la 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 ite s. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 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 I Page 2 of 2 Form EN-028 Rev. 4 Service Type M oMSNo.:0970.015a Worker ID $IATT PACSES Case Number 301110793 Plaintiff Name KELLY L. HOUPT Docket Attachment Amount 06-6678 CIVIL$ 288.56 Child(ren)'s Name(s): ADDENDUM Summary of Cases on Attachment )r: HOUPT, KEVIN E. DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number 698107058 Plaintiff Name KELLY L. HOUPT Docket Attachment Amount 00045 S 2005 $ 744.00 Child(ren)'s Name(s): DOB SYDNEY,.NOELLE HO.UPT 03/,30/91 CA,DE PrdAii: HouP.x '' 05??2f94 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ALFF IW- 2001 APP 13 PM 3* 22 CU , .:)UNTY P'E. IN KEVIN E. HOUPT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06-6678 CIVIL TERM KELLY L. HOUPT, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated 11/28/06. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff 3/27/09 ; By Defendant 3/18/09. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 4/02/09; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 4/02 /09. Respectfully submitted, Date: / v9 BY: G . Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff FILED-CIF ICE OF THE PP^ } HCINOTAAY 2009 APR 14 PM 2: 19 CUM- -,-UNTY E'.: \ '?[ 'r, 1tA KEVIN E. HOUPT V. KELLY L. HOUPT DIVORCE DECREE AND NOW, N Ai ,\ 10 it is ordered and decreed that 16 KEVIN E. HOUPT plaintiff, and KELLY L. HOUPT , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") Further, the Marital Property Settlement Agreement, executed by the parties and dated March 27, 2009, attached hereto, is incorporated herein for purposes of enforcement but shall not be merged into said Decree. The parties are ordered to comply with the terms of said Agreement. By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6678 CIVIL TERM Attest: J. Prothonotary 4w c . y ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT !06-6678 CIVIL State Commonwealth of Pennsylvania 698107058 OOri final Order/Notice CO./City/Dirt. Of CUMBERLAND 45 S 2005 OX Am nded Order/Notice Date of Order/Notice 06/25/09 OTer inate Order/Notice Case Number (See Addendum for case summary) OOne Time Lump Sum/Notice RE:HOUPT, KEVIN E. Employer/Withholder's Federal EIN Number Employee/Oblig is Name (Last, First, MI) 204-50-43 6 Employee/Oblig is Social Security Number L B SMITH INC 430910144 2010 STATE RD Employee/Oblig is Case Identifier CAMP HILL PA 17011-5926 (See Addendum or plaintiff names associated with ases on attachment) Custodial Parent Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on atta hment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon a order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are requ red to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Ord r/Notice is not issued by your State. $ 600.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ o.oo per month in past-due medical support $ 288.56 per month in current spousal support $ o.oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. o0 per month in other (specify) $ one-time lump sum payment for a total of $ 888.56 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 ycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 205.05 per weekly pay period. $ 444.28 per semimont ly pay period (twice a m nth) $ 409.85 per biweekly pay period (every two weeks) $ 888.56 per monthly p y period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period o curring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days o the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the law governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, can of exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitatio on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, o if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylva is State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructi ns. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES M BER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER O BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: N -t ?," M. L. Ebert, Jr . , JudcJe DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID 21205 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDE S I lre c'e you are required to pr vide a opy of this form to yourm loyee. Ifyo?1 r employee wo ks in a state that is ierent from the state that issuerpthis order, a copy must be provic?edpto your employee even if th 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 pleas contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholdi g limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices t 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, 2310990900 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ED THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 13 EMPLOYEE'S/OBLIGOR'S NAME:HOUPT, KEVIN E. EMPLOYEE'S CASE IDENTIFIER: 4309101445 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT* NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated mount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania tate law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable i come if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.Ho ever, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted b the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this ection. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold ore than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withho d more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted u der section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to fol ow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have y questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 0 P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsu rt.state. .us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOUPT, KEVIN E. PACSES Case Number 301110793 Plaintiff Name KELLY L. HOUPT Docket Attachment Amount 06-6678 CIVIL$ 288.56 Child(ren)'s Name(s): DOB PACSES Case Number 69810705 Plaintiff Name KELLY L. HOUPT Docket Attachment Amount 00045 S 2005 $ 600. CO Child(ren)'s Name(s): DOB CADE RICHARD HOUPT 05/22/94 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Am $ 0.( Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Att S Child(ren)'s Name(s): 0.( DOB DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID 21205 RLED ' a t r` nt7a?'( D,F 7 HE ii ., 2 009 vua4' 25 F J? 23 INCOME WITHHOLDING FOR SUPPORT O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) / 0 / Q AMENDED IWO CY o / v o O ONE-TIMEORDERINOTICE FOR LUMP SUM PAYMENT oD 5 O TERMINATION OF IWO / ? J [) iilb-79-'-)' C/vl/ D6- &6,7,F Date: 04/04/12 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions http//wwW acf hhs gov/programs/cse/newhire/employer/publication/publication htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. StaterTriberrerritory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 4309101445 City/County/Dist.rrribe CUMBERLAND Order Identifier: (See Addendum for order/docket /nformalton) Private Individual/Entity _ CSE Agency Case Identifier: (See Addendum for case summary) L B SMITH INC 2010 STATE RD CAMP HILL PA 17011-5926 Employer/Income Withholder's FEIN 231099090 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: HOUPT. KEVIN E. Employee/Obligor's Name (Last, First, Middle) 204-50-4306 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions ! hUI2://www.acf.hhs.ciovlp=rams/csetnewhire employer/publication/publication.htm - form . If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 2310990900 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 600.00 per month in current child support -?y r $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? O yew rAej r '; $ 0.00 per month in current cash medical support 70 $ 0.00 per month in past-due cash medical support r- $ 0.00 per month in current spousal support - -> $ 0.00 per month in past-due spousal support $ 0.00 per month in other (must specify) C- for a Total Amount to Withhold of $ 600.00 per month. -"-1 r°' AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 138.47per weekly pay period. $ 300.00 per semimonthly pay period (twice a month) $ 276. Q3 der biweekly pay period (every two weeks) $ 600.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.aov/programs/cse/newhire/employer/contacts/ contact map.htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-028 01/12 Service Type M Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): tl '? Print Name of Judge/Issuing Official: M.L. Ebert. Jr. Title of Judge/Issuing Official: Date of Signature: , If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676.9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cge/newhire/em map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-028 01/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: L B SMITH INC Employee/Obligor's Name: HOUPT, KEVIN E. CSE Agency Case Identifier: (See Addendum for case summary) 4309101445 Order Identifier: (See Addendum for order/docket information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2310990900 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Last known phone number: Final Payment Date To SDU/Tribal Payee: New Employer's Name: Final Payment Amount: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (issuer name) by phone at 717 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at 717 240-6225, by fax at (717) 240-6248, by email or website at www childsupportstate pa us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Employer FEIN: 231099090 Form EN-028 01/12 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOUPT, KEVIN E. T 698107058 KELLY L. HOUPT Docket Attachment Amount 00045 S 2005 $ 600.00 Child(ren)'s Name(s): DOB CADE RICHARD HOUPT 05/22/94 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN-028 01/12 Worker ID $IATT