HomeMy WebLinkAbout00-03260
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
ARE DIVORCED FROM THE BONDS OF MATRIMONY. The Marital Settlement
Agreement between the parties dated June 14, 2001 is hereby
incornorated herein but not merqed, for purposes of enforcement.
I HE 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;
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STATE OF
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WilT-Tn II
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Plaintiff
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VERSUS
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CARMEN L. SHALAN.
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Defendant
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AND NOW,
DECREED THAT
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PENNA.
No. 00-3260 Civil Term
DECREE IN
DIVORCE
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, IT IS ORDERED AND
WALID A. SHALAN
, PLAINTIFF,
CARMEN L. SHALAN
, DEFENDANT,
By
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Q PROTHONOTARY
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MARITAL SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this ~ day of..)C/f}t Ilf , 2001 between CARMEN L.
SHALAN, (hereinafter referred to as WIFE) and W ALID A. SHALAN (hereinafter referred to as
HUSBAND).
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on December 25, 1994, in Jersey City,
New Jersey; and
WHEREAS, no children were born of this marriage; and
WHEREAS, disputes and difficulties have arisen between the parties, and it is the present
intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of
settling their respective financial and property rights and obligations as between each other, including
the settling of all matters between; and, in general, the settling of any and all claims and possible
claims by one against the other or against their respective estates; and
WHEREAS, Husband and Wife declare that eachruis had a full and fair opportunity to obtain
independent legal advice of counsel of his or her selection; that Husband, has been represented by
Linda A. Clotfelter, Esquire and that Wife has been informed that she has the right to independent
legal counsel, but she had chosen not to be represented inthis action. The parties represent and
warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts
or obligations for which the other party may be liable in whole or part, and all sources and amounts
of income. The parties acknowledge that they fully understand the facts, and they acknowledge and
accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered
into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result
of any duress or undue influence and that it is not the result of any improper or illegal agreement or
agreements.
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, Husband and Wife, each
intending to be legally bound hereby, covenant and agree as follows:
1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times
hereafter to live separate and apart from the other party at such place as he or she may from time to
time choose or deem fit. The parties shall be free from any control, restraint, interference or
authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as
may be necessary to carry out the provisions ofthis Agreement. Husband and Wife shall not molest,
harass, disturb or malign each other or the respective fiunilies of each other nor compel or attempt
to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The
foregoing provision shall not be taken as an admission on the part of either party of the lawfulness
or unlawfulness of the causes leading to their living apart.
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2. MUTUAL RELEASE. It is the intention of Husband and Wife to give to each
other, by the execution of the Agreement, a full, complete and general release with respect to any and
all property of any kind or nature, real, personal or 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, for spousal or similar support or for the
breach of any provision hereof.
3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this
Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will
and testament or otherwise, and each of them agrees that the estate of the other, whether real,
personal or mixed, shall be and belong to the person or persons who would have become entitled
thereto as if the decedent had been the last to die. Except as set forth herein, this provision is
intended to constitute a mutual waiver by the parties of any rights to take against each other's estate
whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and
beneficiaries of each. Either party may, however, make such provision for the other as he or she may
desire in an by his or her last will and testament; and each of the parties further covenants and agrees
that he or she will permit any will of the other to be probated and allowed administration; and that
neither Husband nor Wife will claim against or contest the will and estate of the other except as
necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the
parties hereby releases, relinquishes and waives any and all rights to act as personal representative of
the other party's estate. Each of the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of
the rights relinquished under this Agreement.
4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of
financial statements by the other, although the parties have been advised by their respective attorneys
that it is their legal right to have these disclosures made prior to entering into this Agreement and by
entering into this Agreement without reliance upon financial disclosure, the parties are forever
waiving their right to request or use that as a basis to overturn this Agreement or any part thereof.
5. INCOME TAX CONSIDERATIONS. The, transfers of property pursuant to this
Agreement are transfers between Husband and Wife incident to their divorce and as such are
nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the
adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal
division of marital property for full and adequate consideration and as such will not result in any gift
tax liability.
6. PENSION. PROFIT-SHARING. RETIREMENT. OTHER EMPLOYMENT-
RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or
interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in
which the oilier has any interest by virtue of his or her past or present employment, whether vested
or unvested, matured or unmatured.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have
attempted to distribute their marital property in a manner which conforms to the criteria set forth in
Section 3502 of the Pennsylvania Divorce Code.
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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 marital rights of the parties.
A. DISTRIBUTION OF MOTOR VEIDCLES. The parties agree that each shall have full and
sole possession and ownership of the vehicle(s) presently within his or her control. On or
before the date of the execution of this Agreement, the parties shall execute the titles to the
vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each
party shall become solely responsible for the financial obligation associated with the vehicle
he or she is to retain pursuant to this Agreement and each party agrees to indemnifY and hold
harmless the other party from any and all liability therefor.
B. DISTRIBUTION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto
have divided between themselves, to their mutual satisfaction, all items of tangible and
intangible marital property. Except as otherwise set forth hereinafter, neither party shall make
any claim to any such items of marital property, or ofthe separate personal property of either
party, which are now in the possession and/or under the control of the other.
C. DISTRIBUTION OF PENSION. PROFIT-SHARING. RETIREMENT. OTHER
EMPLOYMENT -RELATED PLANS. The parties hereto expressly waive and relinquish any
right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other
employment-related plans in which the other has any interest by virtue of his or her past or
present employment, whether vested or unvested, matured or unmatured.
D. DISTRIBUTION OF CASH ASSETS AND BANK ACCOUNTS. The parties shall retain
as their respective sole and separate property any cash assets and bank accounts held in their
respective individual names.
E. DISTRIBUTION OF BUSINESS INTERESTS. The parties hereby acknowledge that they
have distributed to their mutual satisfaction any business interests that they have including
stock, partnerships and/or corporations. The parties agree that each shall execute any
documentation, if appropriate, so as to effectuate the transfer as herein provided.
8. DEBTS. Husband represents and warrants to Wife that since the separation he has
not, and in the future he will not contract or incur any debt or liability for which Wife or her estate
might be responsible, and he shall indemnifY and save Wife harmless from any and all claims or
demands made against her by reason of such debt or obligation incurred by him since the date of said
separation, except as otherwise set forth herein.
Wife represents and warrants to Hnsband that since the separation she has not, and in the
future she will not, contract or incur any debt or liability for which Husband or his estate might be
responsible, and she shall indemnifY and save Husband harmless from any and all claims or demands
made against him by reason of such debts or obligations incurred by her since the date of said
separation, except as otherwise set forth herein.
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9. ALIMONY. In order to permit Wife to enjoy a lifestyle substantially similar to that
enjoyed during the marriage, Husband shall pay to Wife non-modifiable alimony in the amount of
$155.09 per month (payable as $71.58 biweekly) for a period ofFive(5) years following the date of
execution of this Agreement. The alimony payments shall not be subject to modification for any
reason, except that they shall terminate upon WIfe's death, remarriage, or cohabitation with a member
of the opposite sex that is not a relative of Wife. Such payments shall be taxable to Wife and
deductible by Husband for federal income tax purposes. In the event that the Internal Revenue
Service should deem any portion of the said alimony payments non-deductible to Husband, his
alimony obligation shall thereafter be reduced by an amount equal to the amount of tax assessed on
the alimony payments.
10. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Both
parties accept the provisions of their Agreement in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now or hereafter have against the other for
alimony pendente lite, counsel fees or expenses, or for any other provisions for support and
maintenance before, during and after the commencement of any proceedings for the divorce or
annulment between the parties.
11. DIVORCE. A Complaint in Divorce has been filed to No. 2000-3260 Civil in the
Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to
proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing
their consent to the divorce, pursuant to Section 330l(c) of the Divorce Code. In the event, for
whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely
request, that party shall indemniiY, defend and hold the other harmless from any and all additional
expenses, including actual counsel fees, resulting from any action brought to compel the refusing
party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel
him or her to execute a consent form and that, absent some breach of this Agreement by the
proceeding party, there shall be no defense to such action asserted.
12. RECONCILIATION. Notwithstanding a reconciliation between the parties, this
Agreement shall continue to rertJain in full force and effect absent a writing signed by the parties
stating that this Agreement is null and void.
13. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this
Agreement shall be incorporated but shall not merge in the final divorce decree between the parties.
The terms shall be incorporated into the final divorce decree for the purposes of enforcement only
and any modification of the terms hereof shall be valid only if made in writing and signed by both of
the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were
a Court Order. No court asked to enforce or interpret this Agreement shall in any way change the .
terms of this Agreement. This Agreement may be enforced independently of any support order,
divorce decree or judgment. This Agreement shall remain in full force and effect regardless of any
change in the marital status of the parties. 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 the parties to execute the
Agreement.
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14. DATE OF EXECUTION. The "date of execution" or "execution date" of the
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 the Agreement.
15. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a
full and complete disclosure of all the real and personal. property of whatsoever nature and
wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred
in any manner whatsoever by each of them, and of all sources and amounts of income received or
receivable by each party.
16. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the
parties, and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
17. BREACH. If either party breaches any provision ofthis Agreement, the other party"
shall have the right, at his or her election, either to pursue his or her rights in having the terms of this
Agreement enforced as an Order of Court or to sue for specific performance or for damages for such
breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred
by the other in enforcing his or her rights under this Agreement.
18. PENNSYL VANIA LAW. The parties agree that the terms of this Agreement and
any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania.
19. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or
waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the
parties.
20. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at
the request of the other, execute, acknowledge, and deliver to the other party any and all further
instruments, including Deeds and other real estate-related documents, titles, or other documents that
may be reasonably required to give full force and effect to the provisions of this Agreement.
21. SEVERABILITY. Ifanyterm, condition, clause or provision ofthis 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 shall continue in full force, effect and operation.
22. WARRANTY. Husband and Wife again acknowledge that they have each read and
understand this Agreement, and each warrants and represents that it is fair and equitable to each of
them.
23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations of
the parties.
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IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have
hereunto set their hands and seals the day and year first above written. This agreement is execut~d
in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof.
WITNESSES:
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SOCIAL SECURITY INFORMATION SHEET
(**TlllS INFORMATION MUST REMAIN CONFIDENTIAL **)
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1(a)(3) ALL DIVORCES MUST INCLUDE THE
PARTIES SOCIAL SECURITY NUMBER.
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE.
DATE:
July 11, 2001
DOCKET NUMBER:
00-3260 Civil Term
PLAINTIFF/PETITIONER SS#:
132-78-6553
NAME:
Walid A. Shalan
DEFENDANT/RESPONDENT SS#:
584-11-7788
NAME:
Carmen L. Shalan
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WALID A. SHALAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO: 00-3260 Civil Term
CARMEN L. SHALAN,
Defendant
CIVIL ACTION -LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the
Divorce Code.
2. The Complaint was filed on May 26, 2000.
3. Date and manner of Service of the Complaint: June 3, 2000, by Certified Mail, as
evidenced by the Affidavit of Service filed on June 8, 2000.
4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on July 11, 2001,
and filed on July 12,2001. The Defendant's Affidavit of Consent was executed on June 14,2001,
and filed on July 12, 2001.
S. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce
Decree under330l (c) of the Divorce Code on July 11,2001, and said waiver was filed on July 12,
2001. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree
under 3301 (c) of the Divorce Code on June 14,2001, and said waiver was filed on July 12,2001.
6. There are no related claims pending. The parties have resolved all related issues by
written agreement dated June 14, 2001.
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Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: 1/,2-( 0 (
inda A. Clotfe er, Esquire
ttomey LD. No. 72963
3 64 Trindle Road
amp Hill, PA 17011
(717) 763-7613
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WALID A. SHALAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. my _ 302ko f'h-..:x I.l.u-
CARMEN L. SHALAN,
Defendant
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 action.
You are warned that, if you fail to do so, the case may proceed
without you and a decree of divorce or annulment 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 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, Cumberland County Court of Common Pleas, One
Courthouse Square, Carlisle, Pennsylvania.
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.
LAWYER REFERAL SERVICE
OF THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PA 17013
(717) 249-3166
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WALID A. SHALAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
I:
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VB.
NO.
CARMEN L. SHALAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. si desea defenderse de
las quejas expuestas en las paginas seguientes, debe tomar ace ion
con prontitud. se Ie avisa que si no se defiende, el caso pude
pro ceder sin usted y decreto de divorcio 0 anulamiento puede ser
emitido en su contra por las Corte. una decision puede tambien ser
emitida en su contra por caulquier otra queja 0 compensacion
eclamados por el demandante. Usted puede perder dinero, 0
propiedades u otros derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento
irreparable del matrimonio, usted puede solicitar consejo
matrimonial. Una lista de consej eros matrimoniales est a disponible
en la oficina del Prothonotary, en la Cumberland County Court of
Common Pleas, One Courthouse Square, Carlisle, Pennsylvania.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL
DE DIVORCIO 0 ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO
A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO
TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA
INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL.
LAWYER REFERAL SERVICE
OF THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PA 17013
(717) 249-3166
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WALlO A. SHALAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. tJ.-lJ- 3.21.0 (in;J I~
CARMEN L. SHALAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(C)
OR 3301(0) OF THE DOMESTIC RELATIONS CODE
And now comes Plaintiff, Walid A. Shalan, by and through his
attorneys, Law Offices of Craig A. Diehl, and files this Complaint
in Divorce, respectfully stating in support thereof the following:
1. plaintiff is Walid A. Shalan, an adult individual who
currently resides at 4601 Carlisle Pike, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
2. Defendant is Carmen L. Shalan, an adult individual who
currently resides at 298 Lembak Avenue, Jersey City, New Jersey,
07305.
3. The Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for at least six (6) months
immediately previous to the filing of this Divorce Complaint.
4. plaintiff and Defendant were married on December, 25,
1994, in Jersy City, New Jersey.
5. The parties have been separate and apart within the
meaning of the Pennsylvania Domestic Relations Code since July 29,
1999.
6. There have been no prior actions of divorce or for
annulment between the parties.
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7. Defendant is not a member of the armed forces of the
United States or any of its allies.
8. Plaintiff avers that the marriage is irretrievably
broken.
9. plaintiff has been advised of the availability of
counselling and that Plaintiff may have the right to request that
the court require the parties to participate in counselling.
plaintiff does not desire counselling.
WHEREFORE, Plaintiff respectfully requests that this Court
enter a Decree of Divorce.
LAW OFFICES OF CRAIG A. DIEHL
Dated: sjJ..?J I i) 0
,
otfelter,
torney ID No. 7296
3 64 Trindle Road
amp Hill, PA 17011
(717) 763-7613
Attorney for Plaintiff
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WALlO A. SHALAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
VB.
NO.
CARMEN L. SHALAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
VERIFICATION
I, WALID A. SHALAN, verify that the statements in the
foregoing DIVORCE COMPLAINT are true and correct to the best of my
knowledge, information and belief.
I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.
~ 4904, relating to unsworn falsification to authorities.
Date: ~ - "Z-?, - U~'"
t.#'J/J S'lAr-
WALID A. SHALAN
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~' ~. 0 Oompl~l~ items 1 andlor 2 tor il-ddifiOnal seNlces.
". Complete items 3, 4a, and 4b.
"" 0 Print YOllr name and address on the reverse of this form so that we can return this
~ cart! 10 you,
f P Attac~ this form to the front of the mailpiece, or on Ih9 back if space does not
41 permit.
..c 0 Write -Return Receipt Requested- on the mailpiece below the article number.
-:; 0 The Retum Receipt will show to whom the article was-delivered and the qate
o deIiv. r.ed.
-g 3..Arti<l1~Addressed to:
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4a Article Number
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WALID A. SHALAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. 00-3260 Civil Term
CARMEN ~. SHALAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Walid
A. Shalan, do hereby affirm that the original return receipt of the
Complaint in Divorce sent by Certified Mail, Restricted Delivery,
Return Receipt Requested, which return receipt appears to contain
the signature of Carmen L. Shalan, is set forth below. The
undersigned understands that the statements herein are made subj ect
to the penalties of 18 P.S. ~ 4904 relating to unsworn
falsification to authorities.
,
LAW OFFICES OF CRAIG A. DIEHL
Dated: If) h 100
, I
otfe
ttorney ID No. 72963
464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
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WALID A. SHALAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VB.
NO. 00-3260 Civil Term
CARMEN L. SHALAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this
~-U.
day of
J-<__LI'LI! J
, 2000,
the undersigned hereby certifies that a true and correct copy of
the foregoing AFFIDAVIT OF SERVICE was served upon the opposing
party by way of United States first class mail, postage prepaid,
addressed as follows:
Carmen L. Shalan
29B Lembak Avenue
Jersy City, NJ 07305
LAW OFFICES OF CRAIG A. DIEHL
BY'~Dm'''mP""n-u
/, ep nie A. M60 e, Legal Secretary
LAW OFFICES OF CRAIG A. DIEHL
3464 Trindle Road
Camp Hill, PA 17011
(717) 763-7613
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,
W ALID A. SHALAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO: 00-3260 Civil Term
CARMEN L. SHALAN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
May 26, 2000.
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.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees and expenses if! do not claim them before a divorce is granted.
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 I 8 Pa. C.S. Section 4904, relating to unsworn
falsifIcation to authorities.
Date: r-- d-- 0 (
w;,ppuJ -
W ALID A. SHALAN, Plaintiff
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W ALID A. SHALAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO: 00-3260 Civil Term
CARMEN L. SHALAN,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER Ii 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that! may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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. g 4904 relating to unsworn
falsification to authorities.
Date: 1-1/-cJ(
~#
W ID A. SHALAN, Plaintiff
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WALIDA. SHALAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO: 00-3260 Civil Term
CARMEN L. SHALAN,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
L A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
May 26, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date offiling 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.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees and expenses if! do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Da~U4U /'I;dtxJ1
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W ALID A. SHALAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO: 00-3260 Civil Term
CARMEN L. SHALAN,
Defendant
CIVIL ACTION - LAW
: 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 fmal decree of divorce without notice.
2. I understand that! may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! 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. !l 4904 relating to unsworn
falsification to authorities.
Datt j /J1..p /11-/ a f) D /
~J~
CARMEN 1. SHALAN, endant
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"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
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File No. 00- 3~ (,(:) c.~ 1I.IL /1;.R(Y)
vs.
IN DIVORCE
~e i'\ L ~\co.\Q f\
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter, having been granted a Final Decree in Divorce on the
I ~ day of
:::\u \~ ' ~ ~ot, hereby elects
of e...~~('()~1\ L _(")\1 dt:::l.O
to resume the
prior surname
, and gives
this written notice pursuant to the provisions of 54 P.S. S 704.
DATE:~ d-.-S:: 2.00 \
C'Q11A^A.0n L h ~~~ Q
5 igna ture -
~
Signature of
~ /~~~~
name being resumed
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
7b- s
On the ;).S- day of ~ . 1'9..01 , before me. a
Notary Public, personally appeared he above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
In Witness Whereof, I have hereunto set my hand and official
seal.
<?z(.A-'I _..,.~ ~ .!3
Notary Public
,
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(I) Jlmedea II. Buendia (.
, NolIlry Publ!;,"! ;[,u:Je",y f
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 10/03/03
Tribunal/Case Number (See Addendum for case summary)
~:SHALAN, WALID A.
Employee/Obligor's Name (Last, First, Ml)
o Original Order/Notice
@ Amended Order/Notice
o Terminate Order/Notice
~
EmployerJWithholder1s Federal EIN Number
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()1! c2a:JtJ-3;>&o C/VIL
jJl1e-ff~ JQS1{)193f-,
132-78-6553
Employee/Obligor's Social Security Number
0759100465
Employee/Obligor's Case Identifier
(See Addendum for plaintiH names
associated with cases on attachment)
Custodial Parent's Name (last, First, MI)
SARAH, INC. (U-HAUL)
4601 CARLISLE PIKE
MECHANICS BURG PA 17055-3022
S~ Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: 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'sfobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 155.09 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 155.09 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:
$ 35.79 per weekly pay period.
$ 71.58 per biweekly pay period (every two weeks).
$ 77.55 per semimonthly pay period (twice a month).
$ 155.09 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'sf obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Servi<:e 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, PA YMENTS 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.
Service Type . !Ii
OMB No.: 0970-0154
CiZJMe
Form EN-028
Worker ID $IATT
Date of Order:
Oc..po I 2..0 G ~
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If, checked you are required to pro~ide a copy of this form to your employee. If your employee works in a state that is
dl'fferent from the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
2. 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.
3. 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.
4.' Reporting the ra,date/Date ofWit,l"olding. You must repOlt ~le pa,ddte>'ddte of ..W,ilolding "hen sending II,e pd"nelot. The
paydatelelate of n itlllloldillg is tIle date Oil nllidl ~ulIOulIl vvd5- vv:Llllleld h011l tile elllployee's v.,ages. 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.
5.' 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/obllgor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #1 0 below)
6. 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.
WITHHOLDER'S ID: 1155100113
EMPLOYEE'S/OBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
SHALAN. WALID A.
0759100465 DATE OF SEPARATION:
7. 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.
8. 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.
9. 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.
10.' Withholding Limits: You may not withhold more than the lesser of: 1} the amounts allowed by the Federal Consumer Credit
Protection Act (1 5 u.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obllgor'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, Federall local taxes; Social Security taxesi and Medicare taxes.
11. 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.
Submitted By: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (7171 240-6248 or
CARLISLE PA 17013 by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
.
.
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: SHALAN, WALID A.
PACSES Case Number 105101936
Plaintiff Name
CARMEN L. SHALAN
Docket Attachment Amount
00-3260 CIVIL $ 155.09
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health Insurance coverage available
through the employee'sJobligor's employment.
PACsEs Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment
Service Type M
OMB No.: 0970-0154
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o 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
Chiid(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sJobligor's employment
Addendum
Form EN-028
Worker ID $IATT
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RE: SHALAN, WALID A.
Employee/Obligor's Name (last, First, MI)
132-78-6553
Employee/Obligor's Social Security Number
0759100465
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Penosvlvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 06/29/04
Tribunal/Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
SARAH INC (U-HAUL)
1601 CARLISLE PIKE
MECHANICSBURG PA 17055-3022
f)[! c2L70tJ -3;JkO e f/
P!+tsZs, /05/ D/13(P
-~il!IJj
.~ l_~,
o Original Order/Notice
o Amended Order/Notice
@ Terminate Order/Notice
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'sfobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0 . 00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 0.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAil.
Date of Order:
JUN 3 0 2004
Service Type M
OMB No.: 0970-0154
7Z:J/ ~-
Form EN-028
Worker ID $IATT
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
D If.checked you are required to pro'lide a copy of this form to your employee. If your employee works in a state that is
different from the state that issued this order, a copy must be provided to your employee even if the box is not checked.
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
2. 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 Federai tax levies in effect please contact the requesting
agency listed below.
3. 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 ofthe single payment that is attributable to each
employee/obligor.
4. * Repoltillg tile r'aydatc/Do!loc of Withholding. You 11 lust lepoll tile paydatelelate of nitl,l,oldit.g nl,ell sendillg tlte paylllel.t. TLe
pc!tyddb'JaLc: of nitl,Loldh,g is lLe dell(; 011 vvhich amount vvciS vvitl,l,dd flolll lLe. e.lllploy{,{'s vvagO. You must comply with the law of the
state of the employee's1obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
5.' 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 #10 below)
6. 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.
WITHHOLDER'S ID: 1155100113
EMPLOYEE'S/OBlIGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
SHALAN. WALID A.
0759100465 DATE OF SEPARATION:
7. 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.
8. 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.
9. 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.
10.' 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. 91673 (b)l; 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 taxeSi and Medicare taxes.
11. 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.
Submitted By:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (7171 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154