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01-5989
RACHEL S. PALLIS, Plaintiff THOMAS E. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001- 3'qJ~f CIVIL TERM : CIVIL ACTION - LAW : IN DWORCE/' 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 RACHEL S. PALLIS, Plaintiff THOMAS E. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001- 3'9'~ CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE/ .... COMPLAINT IN DIVORCE The Plaintiff, Rachel S. Pallis, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: COUNTI--NO FAULT 1. The Plaintiff, Rachel S. Pallis, is an adult individual who currently resides at 46 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Thomas E. Pallis, is an adult individual who currently resides at 46 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 26, 1993 in Sussex County, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Rachel S. Pallis, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) of the Divorce Code. COUNT II--ALIMONY PENDENTE LITE 10. full text. 11. Paragraphs 1 through 9 are incorporated herein by reference as if set forth in their Plaintiff is unable to provide for or afford her counsel fees, expenses, and costs during the pendency of this divorce action and through its resolutions. 12. Plaintiff is without sufficient property and otherwise unable to financially support herself despite being employed. 13. Defendant is presently employed and receiving a substantial income and benefits, and is able to pay for counsel fees, expenses, and costs as well as alimony and alimony pendente lite for Plaintiff. WHEREFORE, the Plaintiff, Rachel S. Pallis, respectfully requests your Honorable Court to enter an Order requiring Defendant to pay Plaintiff's counsel fees, expenses and costs, as well as providing for payment of appropriate alimony and alimony pendente lite to Plaintiff. Respectfully submitted, ~h~mas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX 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 unswom falsification to authorities. ~'CHEL S. PALLIS, Plaintiff RACIII':I. S. PAl.LIS, Plaintiff IHOMAS E. PALIJS. I)clbndant LAW OFFICES OF I~V~ISLITSKY AND DIEHL ONE WEST HIGH STI~EET~ SUITE 208 CARLISLE, ~PENNSYLVANIA 17013 IN 1111'~ COURI'OF COMMON l)I,l'iAS ()1 CUMBI';RLAND COUNTY, Pi NNSYI,VANIA NO. 2001-5989 CIVIL TERM CIVII: AC I'ION - I,AW IN DIVORCE ACCEPTANCE OF SERVICE I. Rebecca Ilughcs. l~squire, counsel for Dcfcndant in thc above-captioned matter, hcreb? acccpl service of thc Coinplaint in I)i~orcc on bchall'o[' I homas l;. l)allis, m Ihl] salisi~tction of the Pennsylvania Rules of Civil Proccdurc. DATE: /((f .,2.~ .5 / Rebecca Hu~hes. Esquire irwin. McKnight & Hugh~ 60 Wcsl I)omlket Streel Carlisle. Pennsylvania 17013 (717) 249-2353 RACHEL S. PALLIS, Plaintiff THOMAS E. PALLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5989 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Rachel Susan Pallis ADDRESS 207 Front Street, P.O. Box 34, Boiling Springs, PA 17007 BIRTH DATE December 8, 1972 SOCIAL SECURITY 137-70-9932 NUMBER HOME PHONE (717) 960-0999 WORK PHONE (717) 243-3335 EMPLOYER NAME Rentschler & Paviol, DDS EMPLOYER ADDRESS 542 South Hanover Street, Carlisle, PA 17013 JOB TITLE/POSITION Dental Assistant DATE EMPLOYMENT April 2000 COMMENCED GROSS PAY $1,516.00 NET PAY $1,137.00 OTHER INCOME None ATTORNEY'S NAME Thomas S. Diehl, Esquire ATTORNEY'S ADDRESS One West High Street, P.O. Box 1290, Carlisle, PA 17013 ATTORNEY'S PHONE (717) 240-0833 NUMBER RESPONDENT NAME Thomas Evangelo Pallis ADDRESS 46 Brian Drive~ Carlisle~ PA 17013 BIRTH DATE September 13~ 1971 SOCIAL SECURITY 148-76-6382 NUMBER HOME PHONE (717) 243-6178 WORK PHONE EMPLOYER NAME BAE Systems Inc. EMPLOYER ADDRESS Navy Depot, Mechanicsburg~ PA 17055 JOB TITLE/POSITION Information Specialist DATE EMPLOYMENT November 1999 COMMENCED GROSS PAY Unknown NET PAY Unknown OTHER INCOME Home-business~ Carlisle Computing Services, varies ATTORNEY'S NAME Rebecca Hughes, Esquire ATTORNEY'S ADDRESS 60 West Pomfret Street, Carlisle~ PA 17013 ATTORNEY'S PHONE (717) 2492353 NUMBER MARRIAGE INFORMATION DATE OF MARRIAGE Aueust 26. 1993 PLACE OF MARRIAGE Stillwater~ Sussex County, New Jersey DATE OF SEPARATION November 3.2001 ADDRESS OF LAST 46 Brian Drive, Carlisle, PA 17013 MARITAL HOME DESCRIPTION OF Divorce Complaint DOCUMENT RAISING APL CLAIM DATE APL DOCUMENT November 21,2001 FILED RACHEL S. PALMS, Plaintiff/Petitioner VS. THOMAS E. PALLIS, Defendant/Respondent DR 31215 PACSES ID 301104045 : IN THE COURT OF COMMON FLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW : : NO. 2001-5989 CIVIL TERM ORDER OF COURT AND NOW, this 15* day of January, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,581.00 and Respondent's monthly net income/earning capacity is $3,023.31, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $395.00 per month payable bi-weekly as follows; $182.31 bi- weekly for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $790.00 as of January 15, 2002. The effective date of the order is November 21, 2001. Collection on the retroactive arrears is held in abeyance until after demand for hearing time has past and if there is a demand for hearing the abeyance will be continued until disposition of the support master. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Rachel S. Pallis. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Respondent to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on 1-15-02 to: < Petitioner Respondent ~laomas Diehl, Esquire Rebecca Hughes, Esquire BY THE COURT, Edgar B. Bayley J. ORDER/nOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania ~,~. ~./. ~-~ ~ Co./City/Dist. of ~E~D ~ ~0//~'~ Date ofOrder/Noti~ 0~/Z5/02 Cou~Case Number (S~ Addendum ~r case summary) (~) Original Order/Notice O Amended Order/Notice O Terminate Order/Notice EmployerANithholders Federal EIN Number .NAVICP EmployeffWithholders Name 5450 CL1LRLISLE PZFJ~ Em~o~r/WithbeldersAddmss ~ BOX 2020 M~CHANICSBU~G PA 17055-0788 ) RE: PALLIS~ THOMAS E. Employee/Obligors Name (Last, First, MI) 148-76-6382 Employee/Obligors Social Security Number 2659100882 Employee/Obligors Case Identifier (See AddenE~n fo~ plaintiff names associated with cases on aftan~---~t) CustodiaJ Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates assodated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from Cb'MBERIm~fD County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 395.00 per month in current support $ O. 00 per month in past-due support Arrears 12 weeks or greater? Oyes (~) no $ Q. O0 per month in medical support $ O. 0O per month for genetic test costs $ per month in other (specify) fo~ a total of $ 395.00 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: $ ,, 91.15 per weekly pay period. $ _ 182.31 oer biweekly pay period (every two weeks). $197.50 oer semimonthly pay period (twice a month). $ 395. O0 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 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 ~ 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. BY THE COURT: Date of Order: JA~ I ~ . m EN'028 Service Type M _ BratNl°o~:~)gatTe~'~j53~/O0 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion ofthe single payment that is attributable to each employee/obligor. ' You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4." Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law oftbe state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly not/fy 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: 251~.954510 EMPLOYEE'S/OBLIGOR'S NAME: PALLIS, THOMAS E. EMPLOYEE'5 CASE IDENTIFIER: 26Sg].0088~ DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'5 NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from Jump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obJigor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refiJsing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection ACt (15 U.S.C. St673 (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 taxes; and Medicare taxes. 10. *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. Requesting Agency: .DOMESTIC RELATIONS SECTION ~3 N. HANOVER ST P.O. BOX 320 CARLISLE PA 1 7013 If'you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at ~ or by FAX at [717) 240-624~ or by Internet Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PALLIS, THOMAS E. ~ 301104045/~/~/~" Plaintiff Name RACHEL 8. PALLI8 Docket Attachment Amount 01-5989 CIVIL~ 395.00 Ch iid(ren)'s Name(s): DOB Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOg [~lf ~he~k~d yOU are required to enr0il the Child(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. [] If Checked you are required tO enroll the chikl(r,,n) identified above in any health insurance coveraee available through the employee%/obligor's employment, ~ PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.0o Child(ren)'s Name(s): DOB .Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)% Namels): DOB I--Jif checked you am required to enroll the child(mn) identified above in any health nsurance coverage available through the emp oyee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo ChUd(ren)% Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. .PACSES Case Number _Plaintiff Name Docket Attachment Amount $ 0.00 ChUd(ren)'s Name(s): DOB r-imf checked you am required to enroll the child(mn) identified above in any health insurance coverage availab[e through the employee's/obligor,s employment. F-Jif 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 Addendum Form EN-028 Worker ID $IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Co./City/Dist. of Date of OrdedNoti~ 0[/25/02 Cou~C~e Number (S~ Addendum ~r case summ~y) (~ Original Order/Notice C) Amended Order/Notice C) Terminate Order/Notice Employer/Withbelder's Federal EIN Number BAE SYSTEMS NORTH AMERICA Employe r/Withholder's Name 1601 R~SEARCH BLVD Employer/Withholder's Address ROCK~/ILLE MD 20850-3173 RE: PALLIS, THOMAS E. Employee/Obligor's Name (Last, First, 148-96-6382 Employee/Obligor's Social Security Number 2659100882 Employee/©bli§or's Case Identifier (See Addendum for plaintiff names a~sodated with cases on aitad~ment) Custodial Parent's Name (Last, First,/',41) 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 CUt,'~2ER~ County, Commonwealth of Pennsylvania. By law, you am required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 395. oo per month in current support $ o. oqper month in past-due support Arrears 12 weeks or greater;~ (~)yes 0 no $ 0. O0 per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 395.00 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: $_ 91.15 per weekly pay period. $ __ 182.31 per biweekly pay period (every two weeks). $ 197.50 per semimonthly pay period (twice a month). $ 395. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55*/, of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on 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 a~ the Empfoyee/Obfigor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: ,~x~ ~ b ZOOZ Service Type N Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WlTHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from mom 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. ~"r ........................ e ........................................................... ~,,,~ ......e~=. You must comply with the law of the state of the employee's/obtigor'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 a~ainst this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2235379500 EMPLOYEE'S/OBLIGOR'S NAME: PALLIS, THOMAS E. EMPLOYEE'S CASE IDENTIFIER: 2659100882 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withbeld 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 oftbe 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.* Withholdin8 Limits: You may not withhold mom than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)l; or 2) the amounts allowed by the State of the empJoyee%/obligor's principal place of employment. The Federal Jimit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *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. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 1701~ If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 by FAX at ~ or by Internet ~ or Pa~e 2 of 2 OMB NO,: 0970-0154 Form EN-028 Service Type M Worker ID SZATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: PALLIS, THOMAS E. PACSES Case Number 301~04045 Plaintiff Name RACHEL 8. PALLIS Docket Attachment Amount 01-5989 CIVIL $ 395.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ~-] If checked, you are required to enroll the child ren identified above in any health nsurance coverage available through the employee's/obligor's employment. l--Ill checked, you are required to enro the ch d(ren identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number PlaintiffName Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked, you are required to enrol the ch d(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ten identified above in any health insurance coverage availab e through the employee's/obi gor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.0o Child(mn)'s Name(s): DOB ::::::::::::::::::::::::::::::::::::::::::::::::::::::: l-Ill checked, you are required to enro the ch d ren identified above in any health insurance coverage ava able thmagh the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB []If checked, you are required to enro the ch d(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum Form EN-028 Worker ID $IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvanla /~ ~//~ ~ ~ Co./Ci~/Dist of Date of Order/Notice 03/~2/02 ~[~/~ Cou~Case Numar (See Addendum for c~e summary) 0 Original Order/Notice (~) Amended Order/Notice Terminate Order/No~ice EmployerA, Vithholder's Federal EIN Number BAE SYSTEMS NORTH AMERICA E mployer/Withholder's Name 1601 RESEARCH BLVD E mployer/Withholder's Address ROCKVILLE MD 20850-3173 RE: PALLIS, THOMAS E. Employee/Obligor's Name (Last, First, MI) 148-76-6382 Employee/Obligor's Social Security Number 2659100882 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND Count, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 395.00 per month in current support $ 100. oo per month in past-due support Arrears 12 weeks or greater? (~)yes C) no $ 0. O0 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 495.00 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: $ 114.23 per weekly pay period. $ 228.46 per biweekly pay period (every two weeks). $ 247.50 per semimonthly pay period (twice a month). $ 495.00 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 paydateJdate 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 the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on 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, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: Service Type BY THE C~ Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law a~ainst the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. L _,_ ............. ,4 .................. You must comply with the law of the ~,or ........................ ~ .......... place of employment with respect to the time periods within which you must implement the state of the employee's/obtigor's principal withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2235379500 EMPLOYEE'S/OBLIGOR'S NAME: p.aJ~t,'rs, THOM.I~ E. EMPLOYEE'S CASE IDENTIFIER: 2659100882 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Cmclit Protection Act (15 U.S.C. §1673 (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 taxes; and Medicare taxes. 10. *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. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 1 7013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 by FAX at (71D 240-6248 or by Internet @ or Service Type M Page 2 of 2 Form EN-028 WorkerlD $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: pALT,IS, THOMAS E. PACSES Case Number 301104045/~./pT./~'- .Plaintiff Name P. AC~L S. PALLIS Docket Attachment Amount 01-5989 CIVIL $ 495.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] f checked, you am required to enroll the child(ten) identified above in any heath nsurance coverage available through the employee's/obligor's employment. [] If checked, you are requ md to enroll the child(mn) dentified above in any health insurance coverage available through the employee's/obi gor s employment. PACSES Case Number Plaintiff Name Docket. Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB [] If checked you are required to enroll the child(mn) dentified above in any health insurance coverage available through the employee's/ob igor s employment. [] if checked, you are required to enroll the child(ren) dentified above in any health insurance coverage available through the employee's/ob igor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(mn)'s Name(s): DOB [] If checked, you are required to enroU the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ten) dentified above in any health insurance coverage available through the employee's/ob igor's employment. Service Type M Addendum OMB NO,: 0970~154 Ex'piration Date: 12/31/00 Form EN-028 Worker ID $IATT RACHEL S. PALLIS, PLAINTIFF, vi. THOMAS E. PALLIS, DEFENDANT· : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-5989 CIVIL TERM : IN DIVORCE PETITION TO VACATE ALIMONY PENDENTE LITE AND NOW, comes the defendant, Thomas E. Pallis, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files this Petition to Vacate Alimony Pendente Lite making the following statement: 1. The plaintiff is Rachel S. Pallis, and the defendant is Thomas E. Pallis. 2. The plaintiff filed for divorce on November 21, 2001 and simultaneously filed for alimony pendente lite. 3. Up unto the end of March, 2002, the plaintiff made no effort to move the equitable distribution portion of the divorce along to a conclusion. 4. On or about April 10, 2002, the defendant, through his attorney, requested that the plaintiff sign an Affidavit of Consent so that the matter could be brought before the Divorce Master. Attached as Exhibit "A" is a copy of said letter and the Consent provided to the plaintiff. 5. One month later, on May 10, 2002, the defendant, through his attorney, forwarded an overall proposal for settlement. Attached as Exhibit "B" is a copy of said letter. 6. To date, the plaintiff has not provided a signed Affidavit of Consent nor has she responded to either the May 10, 2002 correspondence or the April 10, 2002 correspondence. 7. The plaintiff is receiving alimony pendente lite to support the litigation expenses, however, is refusing to allow the matter to be litigated or even to negotiate. WHEREFORE, the defendant, Thomas E. Pallis, hereby requests that the Order for Alimony Pendente Lite be vacated due to the plaintiff's unwillingness to move this matter to the Divorce Master. Date: June~ ,2002 Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, Esquire' 60 West Pomfret Street Carlisle, Pa 17013 717-249-2353 Supreme Court I.D.# 67212 Attorney for the defendant, Thomas E. Pallis Exhibit "A" LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER & IRWIN' MARCUS A. McI~VIGHT. II1 JAMES D. HUGHES REBECCA R. HUGHES MARK D. SCI-I?4~ARTZ DOUGLAS G. MILLER WES T POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717:~ 249-6354 E-MA/L: IMH/ A W@SUPERNE7~ GOM HAROLD & IRWIN (1925-I977) HAROLD&IRWIN, JR. (1954-1985) IRWIN. IRWIN&IRWIN (1956-1986) IRWIN. IRWIN& McKNIGHT (1986-1994) IRWIN. McKNIGHT & HUGHES (1994-) April 10, 2002 THOMAS S. DIEHL, ESQUIRE 1 WEST HIGH STREET CARLISLE, PA 17013 'IL E COPY RE: PALLIS v. PALLIS Dear Tom: Please be advised that my client is anxious to settle the entire equitable distribution portion of the above-captioned divorce. Toward that end, we are requesting that the enclosed Consent be signed by your client so that we may proceed to the Divorce Master's office. If she refuses to sign this, we will be petitioning to vacate her eligibility for alimony pendente lite for failure to move this matter along. Additionally we are requesting that, in the event your client is desirous of visiting my client or the children at his home, that she first call and ask if it is an appropriate time for her to visit. There have been instances in the past where it is has been an uncomfortable situation for my client and for the children when Ms. Pallis stopped by my client's home. Therefore, please counsel your client along these lines. Thank you for your attention to these matters. Very truly yours, IRWIN, McKNIGHT & HUGHES Rebec~ RRH:clc cc: Thomas Pallis Enclosure RACHEL S. PALLIS, PLAINTIFF, THOMAS E. PALLIS, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO: 2001-5989 CIVIL TERM : : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 17, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ,2002 RACHEL S. PALLIS Exhibit "B" ROGER B. lRWhV MARCUS,4. McKNIGHT, 111 JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. IfflLLER LAW OFFICES IRWIN McKNiGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 I717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLA W@SUPERNET. COM HAROLD S. IRWIN (1925-1977) HAROLD& IRWbV. JR. (1954-1986) IRWIN. IRWIN & IRWIN 0956-1986) IRWIN. IRWIN & McKNIGHT (1986-1994) IRWIN. McKaVIGHT& HUGHES (1994-) May 10, 2002 THOMAS S. DIEHL, ESQUIRE 1 WEST HIGH STREET CARLISLE PA 17013 RE: PALLIS v. PALLIS Dear Tom: On April 10, 2002, I forwarded to you a consent for your client, Rachel Pallis, to sign so that this divorce could move to the Divorce Master for litigation. To date, I have not received the signed consent back from you. At this point, I can only assume that your client is unwilling to sign the consent and move the matter to the Divorce Master. Therefore, I am preparing our Petition to Vacate the Alimony Pendente Lite Order based upon her refusal to sign the consent. Obviously, if she is unwilling to sign the consent and litigate this matter, she has no need for APL. Quite frankly, there really are no assets in this matter to be litigated, only debt, all of which my client is paying. If this matter is moved to the Divorce Master, Ms. Pallis would be further behind financially because we would certaifily require her to pay some of the marital debt. In the alternative, my client is willing to settle all matters surrounding this divorce as follows: The parties shall agree that the personal property has been divided to their mutual satisfaction; Mr. Pallis will assume all marital debt and hold Ms. Pallis harmless for the same; all debt acquired after the date of separation shall be the responsibility of the party who acquired the same; C. Both parties will cooperate in obtaining a final decree in divorce; D. Custody of the two minor children shall be as follows: 1. The parties shall share legal custody of the minor children. The parties shall share physical custody of the minor children as follows: a. Mother shall have custody every other weekend from Friday through Sunday; b. Mother shall have custody every Monday and Tuesday from after work until 8:00 p.m., or, if Mother is not working and Father is working, from 9:00 a.m. through 8:00 p.m.; c. In the event Mother cannot exercise her Monday and Tuesday custody periods, than two (2) other evenings during the week, to be arranged one (1) week in advance and to follow the same time frame as noted above; d. Alternating holidays to include New Year's Day, Easter, Memorial Day, Labor Day and Thanksgiving; e. Christmas shall be split between the parties on an alternating basis with Mother having December 24 at 12:00 p.m. through December 25 at 12:00 p.m. and Father having December 25 at 12:00 p.m. through December 26 at 12:00 p.m. on even numbered years; the parties shall alternate custody periods on odd numbered years; f. During the summer months, each party shall enjoy one week of vacation each month with notice of which weeks to be given before the end of the school year. E. Mr. Pallis will assume the full cost of the custody evaluation in the event the custody matter is not litigated; F. Mr. Pallis will continue to pay Alimony Pendente Lite through the end of September, 2002. Please review this proposal with your client at your earliest convenience. IfI do not hear from you by May 20, 2002, I will assume this is unacceptable and will file the Petition to Vacate the Alimony Pendente Order. RRH/bd Cc: Thomas Pallis Very truly yours, IRW.12~ McKNIGHT & HUGHES Rebecca R. Hu~_.~ RACHEL S. PALLIS, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVA-~IA PLAINTIFF, THOMAS E. PALLIS, DEFENDANT. : NO. 2001-5989 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW, this day of June, 2002, upon consideration of the attached Petition to Vacate Alimony Pendente Lite, a heating is hereby scheduled for ,2002 in Courtroom # at o'clock .M. in the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, THOMAS E. PALLIS, PLAINTIFF, V. RACHEL S. PALLIS, DEFENDANT. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -_ : CIVIL ACTION - LAW : NO: 2001-5989 CIVIL : : IN CUSTODY ORDER OF COURT AND NOW, this/b 06 day ofj~_, 2002, upon agreement of counsel to reschedule the previous custody hearing in this matter scheduled for April 24, 2002, the hearing is hereby rescheduled for August 14, 2002, at d]; ~ O o'clock/3r.M. By the Court, ess, Jud ' ¢ RACHEL S. PALLIS, Plaintiff Vo THOMAS E. PALLIS, Defendant THOMAS E. PALLIS, Plaintiff Vo RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5989 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5796 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PETI._.___._.__~TION OF COUNSEL FOR LEAVE TO WTIHDRAW Thomas S. Diehl, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw Appearance as Counsel for the Plaimiff, Rachel S. Pallis, and in support, avers as follows: 1. 2. 3. Petitioner is Thomas S. Diehl, Esquire Respondent is Rachel S. Pallis. Petitioner was retained by Respondent on or about October 12, 2001 to represent her in the above-reference Divorce, and subsequent Custody matters. 4. Petitioner has undertaken such representation but is unable to continue for the following reasons: (a) (b) Respondent ~aas failed to pay Petitioner's fees and costs as billed in accordance with their fee agreement. Respondent has disregarded an agreement or obligation to Petitioner as to fees and costs and withdrawal is allowed pursuant to Rule 1.16(b)(4) of the Rules of Professional Conduct. (c) Petitioner's continued representation of Respondent has been rendered unreasonably difficult by virtue of client's conduct, and good cause exists therefore under Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in this case. WHEREFORE, Petitioner, Thomas S. Diehl, Esquire, respectfully request leave to withdraw his appearance for Respondent. Date: JUL 2 8, 2002 Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX CERTIFICATE OF SERVICE rd I hereby certify this 23 day of July 2002, that a true and correct copy of the foregoing document was served on the following individuals via certified mail, postage prepaid: Rachel S. Pailis 207 Front Street P.O. Box 34 Boiling Springs, PA 17007 via delivering a copy to Attorney Hughes' Courthouse mailbox: Rebecca Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Thomas S. Diehl, Esquire VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Thomas S. Diehl, Esquire RACHEL S. PALLIS, Plaintiff THOMAS E. PALLIS, Defendant THOMAS E. pALLIS, Plaintiff RACHEL S. PALLIS, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA : : NO. 2001-5989 CIVIL TERM .CIVIL ACTION - LAW IN DiVORCE/CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5796 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE Defendant PETITION OF CouNSEL FOR LEAVE TO WTIHDRAW Thomas S. Diehl, Esquire, hereby respectfully petitions this Honorable Court for Leave to Withdraw Appearance as Counsel for the Plaintiff, Rachel S. Pallis, and in support, avers as follows: 1. 2. 3. Petitioner is Thomas S. Diehl, Esquire Respondent is Rachel S. Pallis. Petitioner was retained by Respondent on or about October 12, 2001 to represent her in the above-reference Divorce, and subsequent Custody matters. 4. Petitioner has undertaken such representation but is unable to continue for the following reasons: (a) (b) Respondent has failed to pay Petitioner's fees and costs as billed in accordance with their fee agreement. Respondent has disregarded an agreement or obligation to Petitioner as to fees and costs and withdrawal is allowed pursuant to Rule 1.16(b)(4) of the Rules of Professional Conduct. (c) Petitioner's continued representation of Respondent has been rendered unreasonably difficult by virtue of client's conduct, and good cause exists therefore under Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal of appearance in this case. WHEREFORE, Petitioner, Thomas S. Diehl, Esquire, respectfully request leave to withdraw his appearance for Respondent. Respectfully submitted, Date: JUL 2 It 2002 Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX CERTIFICATE OF SERVICE I hereby certify this 23rd day of July 2002, that a true and correct copy of the foregoing document was served on the following individuals via certified mail, postage prepaid: Rachel S. Pallis 207 Front Street P.O. Box 34 Boiling Springs, PA 17007 via delivering a copy to Attorney Hughes' Courthouse mailbox: Rebecca Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Thomas S. Diehl, Esquire VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. /ff~.~ ~ ~ Thomas S. Diehl, Esqmre RACHEL S. PALLIS, Plaintiff THOMAS E. PALLIS, Defendant THOMAS E. PALLIS, Plaintiff Vo RACHEL S. PALLIS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5989 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5796 CIVIL TERM : : CIVIL ACTION - LAW : 1N DIVORCE ORDER OF COURT AND NOW, this ~ day of "~~-r--' 2002, the within Petition of Counsel For Leave to Withdraw having been read, considered, and ordered filed, the Court hereby orders that a Rule be and is issued upon the Respondent, Rachel S. Pallis, to show cause why the Petitioner should not be permitted to withdraw as counsel, said Rule to be returnable within ,e~ days of service of the date of this Order. cc: Thomas S. Diehl, Esquire, Petitioner Rachel S. Pallis, Respondent Rebecca R. Hughes, Esquire, Attorney for Thomas E. Pallis BY THE COURT: THOMAS E. PALLIS, Plaintiff RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5989 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY PETITION FOR CONTINUANCE The Petitioner is the above-named Defendant. The Respondent is the above-named Plaintiff. The parties are the parents of the children, Rowan Geraline Pallis, born February 7, 1996, and Jack Thomas Pallis, born May 5, 1999. 4. On July 19, 2002 an Order was issued scheduling a custody hearing in this matter for August 14, 2002 at 9:30 a.m. 5. The Petitioner is represented by Thomas S. Diehl, Esquire, and the Respondent is represented by Rebecca Hughes, Esquire. 6. Petitioner's counsel, Thomas S. Diehl, currently has a custody hearing scheduled before the Honorable Judge J. Wesley Oler on August 14, 2002, which would conflict with this matter as scheduled. 7. Petitioner's attorney has contacted Respondent's attorney, Rebecca Hughes, Esquire, who indicates that she objects to a continuance. 8. The Petitioner would be unduly prejudiced should she have to obtain new counsel at this late juncture; likewise the Petitioner asserts that she would be unjustly prejudiced if she should attempt to proceed at this heating without legal counsel. WHEREFORE, the Petitioner respectfully requests this Honorable Court to issue a continuance rescheduling this matter. Dated: AUG 0 6 2002 Respectfully submitted, Thomas S. Diehl, Esquire Attorney for Defendant/Petitioner One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Petition 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. T~~ I~c meyer Petitioner THOMAS E. PALLIS, Plaintiff Vo RACHEL S. PALLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5989 CIVIL TERM IN RE: CUSTODY AGREEMENT Proceedings were held before the HONORABLE KEVIN A. HESS, Cumberland County Courthouse, Carlisle, Pennsylvania, Courtroom Number Four, August 14, 2002. APPEARANCES: REBECCA HUGHES, ESQUIRE For - the Plaintiff THOMAS DIEHL, Esquire For - the Defendant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 August 14, 2002 Carlisle, Pennsylvania (whereupon, the proceedings were held at 12:51 p.m.) THE COURT: ms an understanding. MS. HUGHES: THE COURT: I understand at least for today there That is correct, Your Honor. Okay. I think you will have it read into the record, and have it transcribed, but not in the form of an order. We have to leave here with the understanding that that is the Order of Court, so the mere fact that the order is still in preparation is no reason to deviate from it. Go ahead. MS. HUGHES: Your Honor, the parties have agreed to the following: Both mother and father shall have shared legal custody of the two minor children. Primary physical custody shall be with the father. Mother shall have periods of partial physical custody as follows: Every other weekend from Friday after work until Monday morning when mother shall take the children to school -- DR. SCHI~EIDER: They didn't agree she will take them to school. They will make sure they get to school. She 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 may have to take them to school. MS. HUGHES: -- until Monday morning when mother will be sure to have the children at school or daycare, whichever may apply. Every Thursday evening from after work until 8:30 p.m., and following the father's weekend from Monday after work until Tuesday morning, at which time mother shall be sure to have the children either at daycare or school. The first weekend of each month that is scheduled to be the mother's shall be an extended weekend, which shall begin Thursday evening after work through Monday morning. And the week following the mother's weekend, mother shall have Tuesday evening until after work until 8:30, as well as Thursday evening after work until 8:30. Your Honor, Dr. Schneider now will provide additional parts of the order. DR. SCPINEIDER: Regarding the right of first refusal, the parents agree that they will notify the non-custodial parent if they cannot be with the child in excess of three hours -- after a three-hour period of time. If the non-custodial parent requests a temporary modification in the schedule, such notification will be given to the custodial parent a week in advance. I hope that is clear. If there is a temporary change in the schedule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because of an emergency situation, the parents agree to make up an equal amount of time within a 30-day period, unless they agree otherwise. That's to cover -- for example, if the father may be assigned to go out of state for work, he would like his time made up, unless he says, Forget it. That is basically what I heard them agree to. Correct? MR. PALLIS: Yes. DR. SCHNEIDER: Both parties agree in principle that the children need to be with one another on an identical schedule, as much as possible. That relates to a discussion, which was very brief, given the difference in age of a three-year-old and a six-year-old. And they both want the children on a similar schedule, regardless of their age. And with passage of time they recognize that the children will introduce modifications based on their commitments -- THE COURT: True. DR. SCHNEIDER: -- and developments as they grow and mature. Both parents agree to no display of affection with a non-family third party, boyfriend/girlfriend, in front of the children. Similarly, they agree to no adults outside of family sleeping over at the custodial parents' home. So when the children are there, no outsiders will sleep over, is the 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 intent. MRS. PALLIS: Family is okay. DR. SCPINEIDER: Family is okay. THE COURT: I'm sorry. I didn't hear that. DR. SCHNEIDER: Family is okay. In the event that there is no school on a Monday following the mother's weekend, they both agree that the children will be with their mother, if she is available for that entire day. Regarding holidays, the parents agree that beginning this year, and every even year after this, the children will be with the mother on Thanksgiving. Thanksgiving is defined by the parents as beginning Wednesday night after work until Monday morning. Beginning this year 2002 and every even year thereafter, the parents agree they will be with the father on Christmas. The parents define Christmas as beginning by noon on December 24th and ending by noon on December 26th. That will allow travel time in the event mother goes to New Jersey ~here her family resides to get them back in time. They agree to alternate Easter on a similar annual ~chedule. Easter is defined as beginning Saturday at noon and ending Monday -- I wrote down Monday evening. FAR. PALLIS: I am not sure. I thought -- DR. SCHI~EIDER: Or Monday morning. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. PALLIS: to school. DR. SCHNEIDER: MRS. PALLIS: DR. SCPINEIDER: Easter Monday. THE COURT: DR. SCHNEIDER: figure? Rachel said she would get them back Monday morning. They are off school. Just so they have off school What year will it start with? Who had it last year, if you MR. PALLIS: Easter fall as? MRS. PALLIS: Let me see. who had them Easter of this year. yet. I have them Christmas. How would I can tell you quickly DR. SCHNEIDER: Okay. There is no summer schedule The parents agree to meet with me in my office sometime in February 2003 to work out two points: One, a summer schedule; and secondly, to determine the kids' adjustment -- the children's adjustment to the agreed-upon current weekend per month to be expanded to two extended weekends per month. You guys are better at this legal stuff than I am. THE COURT: And the expectation being if it worked otherwise unremarkedly, it will be automatically extended to two per month. MRS. PALLIS: Dr. Schneider, Tom had them this past Easter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR. SCHNEIDER: It will be -- THE COURT: Your meeting in Easter will occur undoubtedly before that anyway. schedule. DR. SCHNEIDER: THE COURT: don't have to. DR. SCHNEIDER: Father's Day with father. We will be talking about s~cLer No need to talk about Easter if you Mother's Day with mother. Birthdays wherever the kids are is where they will be celebrating, whichever parents they are with. Labor Day, whichever parent has the kids, keeps the kids. Same with Columbus day. New Year's was omitted. New Year's -- they agreed that New Year's will be with the same parent who has them Christmas. New Year's is defined by beginning noon December 31st until the next school morning, whenever that is -- Monday or Tuesday, whenever it is. Right? MS. HUGHES: Yes. DR. SCHNEIDER: Regarding communication, I don't know if it should be in the Court Order or not, but I at least want it in the -- THE COURT: It is a common subject of Court orders. DR. SCHNEIDER: Ail right. Given their lack of trust and inability to communicate, they both adopted the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 negotiation that emailing one another may be an appropriate way to communicate. And in that regard, Tom has offered and Rachel has accepted his putting together a computer for the express purpose of allowing her to have the computer to E-mail back and forth. THE COURT: Okay. DR. SCHNEIDER: Is that right? MR. PALLIS: Yes. moment. DR. SCHNEIDER: MRS. PALLIS: DR. SCHNEIDER: Rachel? Fine. If I might indulge the Court for a (Discussion off the record) DR. SCHNEIDER: Is there anything else? MR. PALLIS: I think we've covered it all. DR. SCHNEIDER: Do you understand what joint legal custody means? MRS. PALLIS: I think so. DR. SCHNEIDER: You've got a physical schedule in place. The only modification of that will be summer, and the automatic expansion of that, Tom, assuming the kids do well with the current extended time with Rachel. And you are going to have to produce evidence that they are not. So the burden is on you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mine? 141{. PALLIS: MRS. PALLIS: DR. SCHNEIDER: expanded weekend. THE COURT: MS. HUGHES: Right. Did you say the first weekend is Yes, the first weekend is the When is that on the calendar? The first weekend that is scheduled to be hers per month will be the extended. DR. SCHNEIDER: Starting with September? MS. HUGHES: Starting with September, yes. THE COURT: We all know what weekend, that is my point. I need to say in the order commencing -- MS. HUGHES: Now, school starts Auqust 26th. So the question is if Rachel has the following weekend, does that take us into September? THE COURT: 30th, and 1st. MS. HUGHES: THE COURT: I am trying to think, here. The following weekend is the 29th, Okay. So that -- Which is also Labor Day. DR. SCHNEIDER: Labor Day they agree wherever they are, is where the children are. (Discussion off the record.) MS. HUGHES: September 5th through the 10th, first weekend, first extended weekend. September 5th through the 10th. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Discussion off the record.) THE COURT: I don't think she got your conversations down so recap now for the record what the next, let me say, three weeks looks like, just so we all understand. MS. HUGHES: Rachel will return the children -- Rachel, you have the children now; is that correct? MR. PALLIS: Whatever you attorneys worked out. MS. HUGHES: Beginning the week of August 19, Rachel will have the children through August 26th. Father shall have the children beginning August 26th, and that will start the new schedule that we just went through. Therefore mother will have Tuesday evening the 27th, and Thursday evening the 29th from after work until 8:30. Father shall have the weekend of the 30th through September 1st. Mother shall have the evening of September 2nd through September 3rd and also Thursday evening from after work until 8:30 -- no, from after work until September 5th through after work until September 10th -- no, September 9th. I'm sorry. THE COURT: MS. HUGHES: I thought -- This calendar starts on a Monday. I am used to it starting on a Sunday. So mother shall have the children then from Thursday, September 5th from after work, until Monday September 9th, and that will be her first extended weekend. 10 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 month. THE COURT: MS. HUGHES: MR. PALLIS: Okay. And then -- And it shall continue from then on. First weekend she has them in the THE COURT: Anything else? DR. SCHNEIDER: Yes, I have two points. Transportation. What about the custodial -- the parent assuming custody will pick up? MS. HUGHES: Have you been able to work that out? DR. SCHNEIDER: It's not been an issue. Do you want anything else in the court order? MR. PALLIS: Ruann (phonetic) will be riding the bus from my house. Whether she chooses to drop her off -- DR. SCHNEIDER: You don't want anything about transportation. Okay. I have a request. I did not mention to either of you, but it occurred to me, I would like to receive copies of your E-mails so I can kind of track what is going on, and not be surprised when we reconvene. MRS. PALLIS: Courtesy copy them to you? Do you want -- address. DR. SCHNEIDER: I don't know. MS. HUGHES: DR. SCHNEIDER: office has -- I don't know what it is. The question is, What is my E-mail If you could call my office. "Ask my secretary." I know what it is at home, but my I don't E-mail myself. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 But if that is okay with you guys, I would like to get Is that okay with courtesy copies to track what is happening. you? that. address. MR. & MRS. PALLIS: Yes. DR. SCHNEIDER: How long will it take? MR. PALLIS: By the middle of September. DR. SCHNEIDER: Is that acceptable? MR. PALLIS: I will try to do it faster than that. DR. SC}{NEIDER: No later than September 15th? MR. PALLIS: Sure. It will be much sooner than MRS. PALLIS: I don't have a choice in the matter. MR. PALLIS: She has to provide the E-mail THE COURT: Okay. DR. SCHNEIDER: Thank you, Your Honor. THE COURT: Well, thank you, Dr. Schneider. I would be amiss if I didn't make a note on the formal record here of your great help this morning in resolving this. I don't think I can think of a case where you came in for one purpose and stayed for another, but I am glad you did. And I congratulate the parties on working out an arrangement. It's not that I didn't feel like sitting and listening to a custody case all day. Well, maybe I didn't, but that is what they pay me to do, and I have no trouble 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 doing that. But the fact that you are able to settle the case is important for other reasons. First of all, I am satisfied that it's a general rule that if parties reach an agreement as to a schedule, it is invariably better than something that I would impose on you. It's always going to be better. And secondly, and most importantly, it reflects your ability to put your love of these children ahead of your personal dislike for each other. And that is something you are going to have to work at doing -- in the case of one of these children -- for another 15 years. And that is a heck of a long time. You think you've got problems now agreeing, wait until you decide who is going to teach them to drive, and what kind of sneakers you are going to buy, whether they are going to be in the high school band. It gets more and more interesting. Mr. Diehl, you have another case. MR. DIEHL: I have to run down the hall briefly. MS. HUGHES: Thank you, Your Honor. (Whereupon, the proceedings concluded at 1:12 p.m.) 13 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of the same. The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Da~e Judicial District 14 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Dkt. 2001-5989 CIVIL Co./City/Dist. of CUMBERLAND PACSES 301104045 Date of Order/Notice 09/24/02 DR 31215 Tribunal/Case Number (See Addendum for case summary) O Original Order/Notice O Amended Order/Notice (~) Terminate Order/Notice Employer/Withholder's Federal EIN Number BAE SYSTEMS NORTH AMERICA RM 118 600 MAIN ST JOHNSON CITY NY 13790-1806 RE: PALLIS, THOMAS E. Employee/Obligor's Name (Last, First, MI) 148-76-6382 Employee/Obligor's Social Security Number 2659100882 Employee/Obligor's Case Identifier Gee A dale. dura fo~ p/a/r,t/~ names asmdated w/~ cases on a~tadunent) Custodial Parent's Name (Last, First, MO See Addendum for dependent names and birth dates associated w/~h cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBEPJ~UTO County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 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. o0 per month to be forwarded to payee below. You do not have to van/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. oo per weekly pay period. $ 0. oo per biweekly pay period (every two weeks). $ 0.0 o per semimonthly pay period (twice a month). $ o. o0 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 paydateJdate 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/obli$or's aggregate disposable weekly earnings. For the purpose of the limitation on withholdin& 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: Service Type M 9-25-02 O.: 0970-0154 Edc3~r B. Bayley ~ L Form -028 Worker ID 21005 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WlTHHOLDERS [] I,f. gheck, ej:l You, am req u.,imd., to prp.~i~e a Copy of this for .m, to your. qmployee. If your employeq., .vyo~s in a state ,thai[ s, amemn[ from tne state mat ~ssuea m~s omer, a copy must oe prowcled to your employee even irme POX is not cnecKeo. 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. gth yd ................................................................................... 4.* Repc,~;r, e ?& &te,'D&te ~,, ,,, ....... ~,,,,~. ,~ ,,,~ ,~,~ ~,,~ ~=y~=~ ...... u,,,~,~,,,~ ........... ~,,,~ ....~, .......... P~ ........................ ~ ......................................................... P,~x ..... s~. You must comply with the law of the s~te of the employee'~obligor's principal place of employment wi~ ms~ to the time perils wi~in which you must implement the withholding o~er and fo~a~ the sup~ 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. WlTHHOLDER'S ID: 22353"/9500 EMPLOYEE'S/OBLIGOR'S NAME: PALLIS, T~OMAS E. EMPLOYEE'S CASE IDENTIFIER: 2659100882 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 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. § 1673 (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 taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are sewed 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. HANOVJ~R ST P.O. 8ox 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE AI-I'ACHMENT UNIT by telephone at (717) 240-6225 by FAX at ~ or by internet or Page 2 of 2 Form EN-028 Service Type M OMmNo.:0970-01S4 Worker ID In the Court of Common Pleas of CUMBERLANO County, Pennsylvania DOMESTIC RELATIONS SECTION RACHEL S. PALLIS Plaintiff vs. THOMAS E. PALLIS Defendam ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-5989 CIVIL 301104045/D3t215 ORDER AND NOW, towk, onthis 24TH DAY OF SEPTF_J4BER, 2002 IT I S HEREBY ORDERED that the suppo~ order in this case be O Vacated or (~)Suspended or OTerminated without prejudge or C) Terminated and Vacated, effectNe AUGUST 19, 2002 , duet o: RULE 1910.16-4 (e) AND THE PLAINTIFF HAVING A SUPPORT OBLIGATION DOCKETED AT 731 SUPPORT 2002 (PACSES C# 065104774) FOR THE PARTIES' TWO CHILDREN. THE REMAINING BALANCE OWED TO THE PLAINTIFF IN THE AMOUNT OF $559.54 WILL BE DIRECTED TO THE CHILD SUPPORT OBLIGATION AS CREDIT. DRO: RJ Shadday xc: plaintiff defendant R~beccaHughes, Esquire BY THE COURT: ServiceTypeM Form OE-504 Worker ID 210 o 5 RACHEL S. PALLIS, Plaintiff/Petitioner VS. THOMAS E. PALLIS, DefendanttRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-5989 CIVIL TERM IN DIVORCE DR~ 31215 Pacse~ 301104045 NOTICE OF RIGHT TO REQUEST A HEARING The parties are hereby advised that they have until October 5, 2002 to request a hearing do novo before the Court. File request in person or mail to: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 1 7013 RACHEL S. PALLIS, Plaivtiff/Petifioner VS. THOMAS E. PALLIS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-5989 CIVIL TERM IN DIVORCE DR# 31215 Pacses~ 301104045 DEMAND FOR HEARING DATE OF ORDER: September 24, 2002 AMOUNT: N/A FOR: Suspension of Alimony Pendente Lite REASON(S): P~ ~G DE~ FOR ~G: Date ' i RACHEL S. PALMS, Plaintiff/Petitioner VS. THOMAS E. PALLIS, Defendant/Respondent DR 31215 PACSES ID 301104045 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW NO. 2001~5989 CIVIL TER3A ,ORDER OF COURT AND NOW, this 15th day o£January, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,581.00 and Respondent's monthly net income/earning capacity is $3,023.31, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $395.00 per month payable bi-weekly as £ollows; $182.31 bi- weekly for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $790.00 as o£January 15, 2002. The effective date of the order is November 21, 2001. Collection on the retroactive arrears is held in abeyance until a~ter demand for hearing time has past and i£there is a demand for hearing the abeyance will be continued until disposition of the support master. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Rachel S. Pallis. Payments must be made by. ~oh:eck or money order. All checks and money orders must be made payable to PA SCDU and maaled PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Respondent to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of th& entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on 1-15-02 to: < Petitioner Respondent Thomas Diehl, Esquire Rebecca Hughes, Esquire BY THE COURT, Edgar B. Bayley j. In the Court of Common Pleas of CUMBERLANO County, Pennsylvania DOMESTIC RELATIONS SECTION RACHEL S. PALLIS Plaimiff VS. THOMAS E. PALLIS Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-5989 CIVIL 301104045 ORDER OF COURT You, THOMAS EVANGELO PALLIS 46 BRIAN DR, CARLISLE, PA. 17013-4373-46 plaintiff/defendant of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the DECEMBER 13, 2002 at 8: 3 0Ju~ for a hearing. You are further required to bring to the hearing: 1. a ~"le~ true copy of your most recent Federal Income Tax Return, including W-2s, 2. your pay stubs for the preceding six (6) months, 3- verification of child care expenses, and ~: proof of medical coverage which you may have, or may have available to ~ou 6. other: information relating to professional licenses Service Type M Form CM-509 Worker ID 21302 PALLIS V. PALLIS PACSES Case Number: 301104045 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: BY THE COURT: YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. 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 MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 2 LIBERTY AVE CARLISLE PA 17013-3308-02 (717) 249~3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CD~IBERI_,/L~D County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717} 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 213 02 In the Court of Common Pleas of CUMBERLAND DoMESTIC RELATIONS SECT]iON County, Pennsylvania RACHEL S. pA~LIS VS. THOMAS E. pALLIS Plaintiff Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-5989 CIVIL 301104045 O____~ER OF C_ O. UI~ plaintiff/defendant of YOU, RACHEL S. pALLIS 207 FRONT ST, PO BOX 34, BOILING SPRINGS, PA. 17007-0034-34 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the at 8: 3 om for a hearing. DECEMBER 13, 2002 You are further required to bring to the hearing: ~X:~I 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, 5. information relating to professional licenses 6. other: or r~y have available to you Service Type M Form CM-509 Worker ID 21302 RACHEL S. PALLIS, Plaimiff Vo THOMAS E. PALLIS, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-5989 CIVIL TERM ~ - CIVIL ACTION - LAW · IN DIVORCE/CUSTODY THOMAS E. PALLIS, Plaimiff Vo RACHEL S. PALLIS, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-5796 CIVIL TERM · CIVIL ACTION .- LAW · IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Thomas S. Diehl, Esquire, on behalf of Rachel L. Pallis, in the above-captioned cases· Date: Thomas S. Diehl, Esquire One West High Street Carlisle, Pennsylvania 17013 (717) 240.-0833 TO THE PROTHONOTARY: Please enter the appearance of Carol J. Lindsay, Esquire, on behalf of Rachel L. Pallis in the above-captioned cases· Carol J-. I,i'n~,~Esqt~ire 26 West Higl~eet, Suite 208 Carlisle, Pennsylvania 17013 (717) 243-6222 RACHEL S. PALLIS, VS. THOMAS E. PALLIS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 0'1-5989 CIVIL : PACSES: 301104045/D3'1215 · IN SUPPORT PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, RACHEL S. PALLIS, in the above captioned case. THOMAS S. DIEHL, Esquire One West High Street Carlisle, PA 17013 (7'!7) 240-0833 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, RACHEL S. PALLIS, in the above captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY By: C~r~l,/J'.~ir~lsay, ~ire ID#&~5'93 26 West High Street Carlisle, PA 17013 (717) 243-6222 THOMAS E. PALLIS, Plaintiff Vo RACHEL S. PALLIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5989 CIVIL TERM IN RE: CUSTODY AGREEMENT Proceedings were held before the HONORABLE KEVIN A. HESS, Cumberland County Courthouse, Carlisle, Pennsylvania, Courtroom Number Four, August 14, 12002. APPEARANCES: REBECCA HUGHES, ESQUIRE For - the Plaintiff THOMAS DIEHL, Esquire For - the Defendant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 August 14, 2002 Carlisle, Pennsylvania (Whereupon, the proceedings were held at 12:51 p.m.) THE COURT: is an understanding. MS. HUGHES: THE COURT: I understand at least for today there That is correct, Your Honor. Okay. I think you will have it read into the record, and have it transcribed, but not in the form of an order. We have to leave here with the understanding that that is the Order of Court, so the mere fact that the order is still in preparation is no reason to deviate from it. Go ahead. MS. HUGHES: Your Honor, the parties have agreed to the following: Both mother and father shall have shared legal custody of the two minor children. Primary physical custody shall be with the father. Mother shall have periods of partial physical custody as follows: Every other weekend from Friday after work until Monday morning when mother shall take the children to school -- DR. SCHNEIDER: They di~in't agree she will take them to school. They will make sure they get to school. She 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 may have to take them to school. MS. HUGHES: -- until Monday morning when mother will be sure to have the children at school or daycare, whichever may apply. Every Thursday evening from after work until 8:30 p.m., and following the father's weekend from Monday after work until Tuesday morning, at which time mother shall be sure to have the children either at daycare or school. The first weekend of each month that is scheduled to be the mother's shall be an extended weekend, which shall begin Thursday evening after work through Monday morning. And the week following the mother's weekend, mother shall have Tuesday evening until after work until 8:30, as well as Thursday evening after work until 8:30. Your Honor, Dr. Schneider now will provide additional parts of the order. DR. SCHNEIDER: Regarding the right of first refusal, the parents agree that they will notify the non-custodial parent if they cannot be with the child in excess of three hours -- after a three-hour period of time. If the non-custodial parent requests a temporary modification in the schedule, such notification will be given to the custodial parent a week in advance. I hope that is clear. If there is a temporary change in the schedule 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because of an emergency situation, the parents agree to make up an equal amount of time within a 30-day period, unless they agree otherwise. That's to cover -- for example, if the father may be assigned to go out of state for work, he would like his time made up, unless he says, Forget it. That is basically what I heard them agree to. Correct? MR. PALLIS: Yes. DR. SCHNEIDER: Both parties agree in principle that the children need to be with one another on an identical schedule, as much as possible. That relates to a discussion, which was very brief, given the difference in age of a three-year-old and a six-year-old. And they both want the children on a similar schedule, regardless of their age. And with passage of time they recognize that the children will introduce modifications based on their commitments -- THE COURT: True. DR. SCHNEIDER: and mature. -- and developments as they grow Both parents agree to no display of affection with a non-family third party, boyfriend/girlfriend, in front of the children. Similarly, they agree to no adults outside of family sleeping over at the custodial parents' home. So when the children are there, no outsiders will sleep over, is the 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 intent. MRS. PALLIS: Family is okay. DRI. SCHNEIDER: Family- is okay. THE COURT: I'm sorry. I didn't hear that. DR. SCHNEIDER: Family is okay. In the event that there is no school on a Monday following the mother's weekend, they both agree that the children will be with their mother, if she is available for that entire day. Regarding holidays, the parents agree that beginning this year, and every even year after this, the children will be with the mother on Thanksgiving. Thanksgiving is defined by the parents as beginning Wednesday night after work until Monday morning. Beginning this year 2002 and every even year thereafter, the parents agree they will be with the father on Christmas. The parents define Christmas as beginning by noon on December 24th and ending by noon on December 26th. That will allow travel time in the event mother goes to New Jersey where her family resides to get them back in time. They agree to alternate Easter on a similar annual schedule. Easter is defined as beginning Saturday at noon and ending Monday -- I wrote down Monday evening. MR. PALLIS: I am not sure. I thought -- DR. SCHNEIDER: Or Monday morning. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to school. MR. PALLIS: Rachel said she would get them back DR. SCHNEIDER: Monday. morning. MRS. PALLIS: They are off school. DR. SCHNEIDER: Easter Monday. figure? Just so they have off school THE COURT: What year 'will it start with? DR. SCHNEIDER: Who had it last year, if you MR. PALLIS: Easter fall as? I have them Christmas. How would MRS. PALLIS: Let me see. I can tell you quickly who had them Easter of this year. DR. SCHNEIDER: Okay. There is no summer schedule yet. The parents agree to meet with me in my office sometime in February 2003 to work out two points: One, a summer schedule; and secondly, to determine the kids' adjustment -- the children's adjustment to the agreed-upon current weekend per month to be expanded to two extended weekends per month. You guys are better at this legal stuff than I am. THE COURT: And the expectation being if it worked otherwise unremarkedly, it will be automatically extended to two per month. MRS. PALLIS: past Easter. Dr. Schneider, Tom had them this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DR. SCHNEIDER: It will be -- THE COURT: Your meeting in February will occur undoubtedly before that anyway. DR. SCHNEIDER: We will be talking about summer schedule. THE COURT: don't have to. No need to talk about Easter if you DR. SCHNEIDER: Mother's Day with mother. Father's Day with father. Birthdays wherever the kids are is where they will be celebrating, whichever parents they are with. Labor Day, whichever parent has the kids, keeps the kids. Same with Columbus day. New Year's was omitted. New Year's -- they agreed that New Year's will be with the same parent who has them Christmas. New Year's is defined by beginning noon December 31st until the next school morning, whenever that is -- Monday' or Tuesday, whenever it is. Right? MS. HUGHES: Yes. DR. SCHNEIDER: Regarding communication, I don't know if it should be in the Court Order or not, but I at least want it in the -- orders. THE COURT: It is a co,non subject of Court DR. SCHNEIDER: Ail right. Given their lack of trust and inability to communicate, they both adopted the 7 1 2 3 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 5 6 7 8 9 10 negotiation that emailing one another may be an appropriate way to communicate. And in that regard, Tom has offered and Rachel has accepted his putting together a computer for the express purpose of allowing her to have the computer to Email back and forth. moment. THE COURT: Okay. DR. SCHNEIDER: Is that right? MR. PALLIS: Yes. DR. SCHNEIDER: Rachel? MRS. PALLIS: Fine. DR. SCHNEIDER: If I might indulge the Court for a (Discussion off the record) DR. SCHNEIDER: Is there anything else? MR. PALLIS: I think we've covered it all. DR. SCHNEIDER: Do you 'understand what joint legal custody means? MRS. PALLIS: I think so. DR. SCHNEIDER: You've got a physical schedule in place. The only modification of that will be summer, and the automatic expansion of that, Tom, assuming the kids do well with the current extended time with Rachel. And you are going to have to produce evidence that they are not. So the burden is on you. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. PALLIS: MRS. PALLIS: mine? Right. Did you say the first weekend is DR. SCHNEIDER: expanded weekend. Yes, the first weekend is the THE COURT: When is that on the calendar? MS. HUGHES: The first weekend that is scheduled to be hers per month will be the extended. DR. SCHNEIDER: Starting with September? point. MS. HUGHES: THE COURT: Starting with September, yes. We all know what weekend, that is my I need to say in the order commencing -- MS. HUGHES: Now, school starts August 26th. So the question is if Rachel has the following weekend, does that take us into September? THE COURT: 30th, and 1st. I am trying to think, here. The followilng weekend is the 29th, MS. HUGHES: Okay. So that -- THE COURT: Which is also Labor Day. DR. SCHNEIDER: Labor Day they agree wherever they are, is where the children are. (Discussion off the record.) MS. HUGHES: September 5th through the 10th, first weekend, first extended weekend. September 5th through the 10th. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Discussion off the record.) THE COURT: I don't think she got your conversations down so recap now for the record what the next, let me say, three weeks looks like, just so we all understand MS. HUGHES: Rachel will return the children -- Rachel, you have the children now; is that correct? MR. PALLIS: Whatever you attorneys worked out. MS. HUGHES: Beginning the week of August 19, Rachel will have the children through August 26th. Father shall have the children beginning August 26th, and that will start the new schedule that we just. went through. Therefore mother will have Tuesday evening the 27th, and Thursday evening the 29th from after work until 8:30. Father shall have the weekend of the 30th through September 1st. Mother shall have tlhe evening of September 2nd through September 3rd and also Thursday evening from after work until 8:30 -- no, from after work until September 5th through after work until September 10th -- no, September 9th. I m sorry. THE COURT: I thought -- MS. HUGHES: This calendar starts on a Monday. I am used to it starting on a Sunday. So mother shall have the children then from Thursday, September 5th from after work, until Monday September 9th, and that will be her first extended weekend. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 month. THE COURT: MS. HUGHES: MR. PALLIS: Okay. And[ then -- And it shall continue from then on. First weekend she has them in the THE COURT: Anything else? DR. SCHNEIDER: Yes, I have two points. Transportation. What about the custodial -- the parent assuming custody will pick up? MS. HUGHES: Have you been able to work that out? DR. SCHNEIDER: It's not been an issue. Do you want anything else in the court order? MR. PALLIS: Ruann (phonetic) will be riding the bus from my house. Whether she chooses to drop her off -- DR. SCHNEIDER: You don't want anything about transportation. Okay. I have a request. I did not mention to either of you, but it occurred to me, I would like to receive copies of your emails so I can kind of track what is going on, and not be surprised when we reconvene. MRS. PALLIS: Courtesy copy them to you? Do you want -- address. DR. SCHNEIDER: The question is, What is my email I don't know. MS. HUGHES: DR. SCHNEIDER: office has -- I don't know what it is. If you could call my office. "Ask my secretary.,, I know What it is at home, but my I don't email myself. ll 13 14 15 16 17 18 19 20 21 22 1 2 3 4 5 6 7 8 9 10 11 23 24 25 But if that is okay with you guys, I would like to get courtesy copies to track what is happening. Is that okay with you? MR. & MRS. PALLIS: Yes. DR. SCHNEIDER: How long will it take? MR. PALLIS: By the middle of September. DR. SCHNEIDER: Is that acceptable? MR. PALLIS: I will try to do it faster than that. DR. SCHNEIDER: No later than September 15th? MR. PALLIS: Sure. It will be much sooner than that. MRS. PALLIS: I don't have a choice in the matter MR. PALLIS: She has to provide the email address. THE COURT: Okay. DR. SCHNEIDER: Thank you, Your Honor. THE COURT: Well, thank you, Dr. Schneider. I would be amiss if I didn't make a note on the formal record here of your great help this mornin~ in resolving this. I don't think I can think of a case where you came in for one purpose and stayed for another, but I am glad you did. And I congratulate the parties on working out an arrangement. It's not that I didn't feel like sitting and listening to a custody case all day. Well, maybe I didn't, but that is what they pay me to do, .and I have no trouble doing that. 12 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 But the fact that you are able to settle the case is important for other reasons. First of all, I am satisfied that it's a general rule that if parties reach an agreement as to a schedule, it is invariably better than something that I would impose on you. It's always going to be better. And secondly, and most importantly, it reflects your ability to put your love of these children ahead of your personal dislike for each other. And that is something you are going to have to work at doing -- in the case of one of these children -- for another 15 years. And that is a heck of a long time. You think you've got problems now agreeing, wait until you decide who is going to teach them to drive, and what kind of sneakers you are going to buy, whether they are going to be in the high school band. It ,gets more and more interesting. Mr. Diehl, you have another case. MR. DIEHL: I have to run down the hall briefly. MS. HUGHES: Thank you, Your Honor. (Whereupon, the proceedings concluded at 1:12 p.m.) 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of the same. Lorraine K. Troutman, RPR The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Ke~.~ A. Hess, J. N~nth Judicial District / 14 In the Court of Common Pleas of CUMBERLANO County, Pennsylvania DOMESTIC RELATIONS SECTION RACHEL S. PALl,IS ) Docket Number Plaintiff ) vs. ) PACSES Case Number THOMAS E. PALLIS ) Defendant ) Other State ID Number 01-5989 CIVIL 301104045 , ORDER AND NOW, to wit on this 30TH DAY OF MAY, 2003 IT IS HEREBY ORDERED that the O Complaint for Support or O Petition to Modify or (~) Other REQUEST FOR HEARING DE NOVO filed on OCTOBER 7, 2002 in the above captioned matter is dismissed without prejudice due to: PLAINTIFF NOT PURSUING THE MATTER AFTER AN AUDIT WAS COMPLETED IN FEBRUARY 2003. 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Carol Lindsay, Esquire Rebecca Hughes, Esquire BY THE COURT: Edgar B. Bayley JUDGE Service Type M Form OE-506 Worker ID 210 05 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS. Defendant DR 31215 PACSES ID 301104045 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW : NO. 2001-5§,89 CIVIL TERM PETITION FOR MODIFICATION OF ALIMONY PENDENTE LITF NOW comes RACHEL S. PALLIS, by an, d through her counsel, Saidis, Shuff, Flower & Lindsay, and petitions this Honorable Court as follows: 1. On January 15, 2002 this Honorable Court entered an order for alimony pendente lite. A copy of tlhe order is attached hereto as Exhibit "A". 2. Circumstances have changed so that an increase in the amount of alimony pendente lite is warranted. These circumstances included but are not limited to the fact that Respondent now has custody of her children on a week on week off basis. 3. A hearing on a Petition for Modification of child support is scheduled in the Office of Domestic Relations on August 2, 2004. The child support case is docket number 00731 S 2002, PACSES number 065104774. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA WHEREFORE, Petitioner prays this Honorable Court to increase her alimony pendente lite and to schedule a heari,ng thereon at the same time as the child support conference, August 2, 2004. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant By: CarOl .J.~Lindsayi-Es~re I~..4.46~3 '/ z',~ZV~st High Street Carlisle, PA 17013 (717) 243-6222 .VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. ~t'~'cfhel S. Pallis, Petitioner Date: '~- [ -0~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of ¢~.RL~.'~ Date of Order/Notice 08/03/04 Tribunal/Case Number (See Addendum for case summary) Employer/Withholder's Federa[ EIN Number BAE SYSTEMS APPL. TECHNOLOGIES 1601 RESEARCH BLVD ROCKVILLE MD 20850-3173 O Original Order/Notice (~) Amended Order/Notice O Terminate Order/Notice RE: pAT,LIS, THC)MAS E. Empl~ee/Obligor'sName(La~,First, MI) 148-76-6382 Empl~ee/Obligor'sSocialSecuri~ Number 2659100882 Employee/Obiigor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) pj~('J~,~C ~](~ ~/~ & ~¢]= Cust~ial Parent's Name (Last, First, MI) S~ Addendum for de~ndent names and birth dates a~ocia/~ with cases on a~achment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Suppo~ based upon an order for suppo~ from ~~ Count, Commonwealth of Pennsylvania. By taw, you are required to deduct these amounts from the abov~named employee's/obligor's income until fu~her notice even if the Order/Notice is not issued by your State. $ 859.00 per month in current suppo~ $ 2~. 00 per month in past-due suppo~ Arrears 12 weeks or greated ~yes ~ no $' 0.0o per month in medical suppo~ $ 0.00 per month for genetic test costs $ per month in other (specie) for a total of $ 880.00 per month to be fo~arded to payee below. You do not have to va~ your pay cycle to be in compliance with the suppo~ order. If your pay cycle does not match the ordered suppo~ payment cycle, use the fotiowing to determine how much to withhold: $ 203.08 per weekty pay period. $ 406. ~5 per biweekly pay period (eve~ two weeks). $ 440.00 per ~mimonthly pay period (twice a month). $ 880.00 per monthly pay period. REMITTanCE You must begin withholding no later than the first pay period occurring ten (10) working days a~er 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 ~aws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 5~% of the employee'~ obligor's aggregate disposabie weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See ~10 on pg. 2). If remKting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Empioyer Customer Sewice at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisbu~, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAM~ AND THE PACSES MEMBER ID (shown above as the Employ~/Obligor's Case Identifier) ~R S~C~L SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MALL. ~ j ~_ :~ ~ Date of Order: Form EN-028 Worker ID Sewice Type M OMB NO.: 097~1S4 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER W~THHOLDERS · · · our m Ioyee. Ifyo remployee or sinastatetha Ls [] II ~,heck,~ you. are reqg.lr .ed. to p~o.vJid~eoarc~eOr,PYa ~fotDhjSmf°u~r~l~e° pYrovia~emaP~o your em~)~Jyee even if tV~e ~ox is not che~ctked. 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: Withholdin§ under this Order/Notice has priority over any other legal process under State Jaw 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/obh§or's income )na 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. ........ ~ ........ ~,,,,.L, -,~:--: ................ a dat~,'date of wit ~ -~oJd,,,6 ,,', ........ d,,,~ ~h~ ~,,~y ...........e- 4.*-Repoi~h,6 ~h~, ,~ ................... u,,c'~' ................ ,4 iL;: e,,mpJoyc~z~vva§~-*~- You must comply with the law of the paydate/dat~ of w;thhc,',dla~ i: the d,,t: oa ,,,,~,~,, ,, ........................ fi'om state of the empJoyee'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. Employee/Obligor with Multiple Support Holdings: If there is more than one Orden'Notice to Withhold Income for Support against 5~*s 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: 222t66,i210 EMPLOYEE'S/OBLIGOR'S NAME: ~I~T,'rB ~ ?HOiV~.~ '~. EMPLOYEE'S CASE IDENTIFIER:. 2659:L0088~2 ~ DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum i:myments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liabili~: 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 Jaw 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. §1673 (bit; or 2) the amounts allowed by the State of the employee's/obLigor's principal place of employment The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 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 1 7013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240.6225 or by FAX at CL!LD 240-6248 or by internet www.childsupportstate.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMBNo:0970~154 ADDENDUM Summary of Cases on Attachment. Defendant/Obligor: pA~LIS, THOPL~S E. PACSES Case Number 301104045 PACSES Case Number 008106445 Plaintiff Name R3%CI-IEL S. pALLI$ Docket A~tachment Amount 00445 S 2004 $ 625.00 Child(ren)'s Name(s): DOB Plaintiff Name R3%CI-IEL S. PALLIS Docket Attachment Amount 01-5989 CIVIT' $ 255.00 Child(ren)'s Name(s): DOB [] If checked, you are required to enro the child(ren) dent fled above in any health insurance coverage available through the employee s/obi gods employment. [] if checked, you are required to enro I the child(ten) dentified abc ve in any health insurance coverage available through the emp oyee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Nan~e Docket Attachment Amount $ o.oo Child(ren)'~ Name(s): DOB [] If checked, you are required to enroll the child(ren) identified above n any health insurance coverage available through the employee's/obligor's emp oyment [] f checked you are requ red to enroll the child(ten) dent fled above in any health insurance coverage available through the emp oyee s/ob[ gor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number. Plaintiff Name Docket A,achment Amount $ 0.00 Child(ren)'s Name(s): DOB [] f checked, you are requ red to enroll the child(ten) identified above in any health nsurance coverage avai able through the employee's/obligor's employment. [] If checked, you are required to enroll the child(ten) identif ed above n any health insurance coverage available through the employee's/ob igor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OMB NO.: 097~0154 THOMAS E. PALLIS, Plaintiff/Respondent VS. RACHEL S. PALLIS, Defendant/Petitioner IN THE cOURT OF coMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2001-5989 CIVIL TERM IN DIVORCE Pacses# 301104045 ORDER OF COURT AND NOW, this 2"a day of August, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,480.67 and Respondent's monthly net income/earning capacity is $3,023.31, it is hereby Ordered that the Respondent pay to the Pennsylvania State · · · . th a able weekl as follows; $255.00 for Collectton and Dtsbursement Umt, $255 00 per mon P Y Y Arrears set at $255.00 alimony pendente lite and $0.00 on arrears. First payment due next pay date. as of August 2~ 2004. The effective date of the order is August 2, 2004. This Order is based upon the fact that the parties have a 50/50 custody arrangement and that Respondent has an obligation for child support under C#008106445. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, COl~mitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Rachel S. Pallis. payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Nmb,er or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty days after the entry of this order, the Respondent shall submit to the Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4)the addr4ess to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payatents; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on 8-4-04: < Petitioner Respondent Carol Lindsay, Esquire Rebecca Hughes, Esquire BY THE COURT, Edgar B.~~~ -.- ~('~"~, ~ ~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA THOMAS E. PALLIS, RACHEL S. PALLIS, Date of Order: AMOUNT: FOR: REASON(S): : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Actio]q - Divorce : No. 2001-:5989 Civil Term vs. : PACSES 1'4o. 301104045 Defendant DEMAND FOR HEARING August 2, 2004 $255.00 per month Alimony Pendente Lite The Office of Domestic Relations did not include Plaintiff's business income as well as his wages in the support calculation. PARTY FILING DEMAND FOR HEARING: SAIDIS, SHUFF, FLOWER & LINDSAY B:~..°rn eysi~~ay,~ire 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA THOMAS E. PALLIS, RACHEL S. PALLIS, Plaintiff VS. Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBEI~',LAND COUNTY, PENNSYLVANIA : Civil Action - Divorce : No. 2001-5989 Civil Term : : PACSES No. 301104045 CERTIFICATE OF SERVICE AND now, this /~ .day of //--~4d'//l ~ , 2004, ,, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within DEMAND FOR HEARING this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Rebecca Hughes, Esquire SALZMANN, HUGHES & FISHMAN, P.C. 95 Alexander Spring Road Suite 3 Carlisle, PA 17(},13 SAIDIS, SHUFF, FLOWER & LINDSAY Car(}i/J. I_)~'d say, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RACHEL S. pALLIS Plaintiff VS. THOMAS E. PALLIS Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-5989 CIVIL 301104045 ORDER OF COURT You, RACHEL S. PALLIS 19 BRIAN DR, CARLISLE, PA. 17013-4326-19 plaintiff/defendant of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEMBER 24, 2004 at 1: o 0 PM for a hearing. You are further required to bring to the hearing: 1. a tree copy of your most recent Federal Income Tax Return, hacluding W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 21006 PALLIS v. PALLIS PACSES Case Number: 301104045 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUM~ERUU~D County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21006 In the Court of Common Pleas of CUMBERLAND, County, Pennsylvania DOMESTIC RELATIONS SECT]ION RACHEL S. PALLIS ) Docket Number Plaintiff ) vs. ) PACSES Case Number THOMAS E. PALLIS ) Defendant ) Other State ID Number 01-5989 CIVIL 301104045 ORDER OF COURT You, THOMAS EVANGELO PALLIS 46 BRIAN DR, CARLISLE, PA. 17013-4373-46 plaimiff/defendant of are ordered to appear at DOIqESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the SEPTEIqBER 24, 2004 at x:oopiq for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type Iq Form CM-509 Worker ID 21006 PALLIS v. PALLIS PACSES Case Number: 301104045 If you fail to appear for the conference/hearing or to hring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE IV[AY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIIAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAAID County is required by law to comply with the Americans with Disabilities Act of 1990. ]For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (7:1.7) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type Iq Worker ID 21.006 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECT]ION RACHEL S. PALLIS Plaintiff VS. THOMAS E. PALLIS Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-5989 CIVIL 301104045 ORDER AND NOW, to wit on this 24TH DAY OF SEPTEMBER, 2004 IT IS HEREBY ORDERED that the O Complaint for Support or O Petition to Modify or (~) Other ALIMONY PENDENTE LITE filed on AUGUST 2, 2004 in the above captioned matter is dismissed without prejudice due to: PURSUANT TO THE PARTIES' SETTLEMENT AGREEMENT. THE CREDIT OF $208.30 ON THIS ACCOUNT WILL BE DIRECTED TO THE CHILD SUPPORT ACCOUNT UNDER C#008106445. O The Complaint or Petition may be reinstated upon written application of the plaimiff petitioner. xc: plaintiff defendant Carol J. Lindsay, Esq. Rebecca R. Lindsay, Esq. ~UDGE Form OE-506 Service Type M Worker ID 21005 THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 200t-5796 CIVIL TERM : : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ day of September, 2004 by and between RACHEL S. PALLIS, (hereinafter referred to as "WIFE") and THOMAS E. PALLIS, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on August 26, 1993; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. respectively: Each party to the Agreement acknowledges and declares that he or she, (1) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: HUSBAND is represented by Rebecca R. Hughes, Esquire of Salzmann, Hughes & Fishman, P.C.; WIFE is represented by Carol Lindsay of Saidis, Shuff, Flower & Lindsay; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counsel or after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3501(a), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each party. The division of existing Marital Property is not 3 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction with the exception of the following items which the WIFE is desirous of obtaining and HUSBAND is agreeing to relinquish to WIFE: fishing rod and tackle, chandelier, and 2 framed Bully Hill prints. The parties will cooperate in transferring these items over to WIFE. With the exception of the above, WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Within ten (10) days as of the date of this agreement HUSBAND will pay to WIFE $500.00. Within forty-five (45) days of the date of this agreement HUSBAND will pay to WIFE an additional $1,500.00. DOMESTIC RELATIONS: The parties acknowledge that the support order has been entered by the Office of Domestic Relations and that WIFE has sought a hearing de novo. WIFE will withdraw her request for a hearing de novo, with HUSBAND'S concurrence, on the condition that HUSBAND pay to WIFE for the support of their two children through the Office of Domestic Relations $711.00 per month effective the date WIFE filed the Petition for Support. It is hereby agreed to that the parties, absent a material change in circumstances, shall not petition the Domestic Relations Office for a modification in child support for one year from the date of this Agreement. HUSBAND waives any claim that monies paid to him as a part of his computer business are not includable in income for support and in any future support orders, income earned by HUSBAND in this manner shall be considered a portion of his annual income. WIFE shall hereby forever waive any right to alimony and alimony pendente lite effective as of the date of execution of this Agreement and any payments or obligations related thereto shall end as of the date of this Agreement. Further, WIFE covenants and agrees to withdraw any appeal filed with respect to any obligation of HUSBAND through Domestic Relations which is currently pending as of the date of execution hereof. 9. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty (30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and agrees to execute all documents necessary to transfer title of any jointly titled vehicles that WIFE may own within thirty (30) days of this Agreement. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. Within ten (10) days of the date of this agreement HUSBAND will pay to WIFE $500.00 on account of a loan incurred by the parties to WIFE's parents for the purchase of a vehicle. 10. MARITAL DEBTS: It is understood and agreed that during the marriage, the parties acquired a significant amount of debt, and that since the date of separation, HUSBAND has paid the following debts independent from any contributions from WIFE: Belvedere Medical Center $ 30.00 Pagenet Paging $ 240.00 Cavalry Investment (Mobil) $ 425.00 Certified Services Inc. (Vision Care Associates) $ 134.00 e. Credit Management Inc. (PCCA Emer. Med.) $ 140.00 f. Discover Financial Services $ 2,806.00 g. FCNB $ 1,886.00 h. Ford Motor Credit $ 7,502.00 i. Harvard Collection (Commonwealth Edison) $ 86.00 j. Harvard Collection (Jewel Osco) $ 61.00 k. Household Finance (This End Up) $ 3,887.00 I. Macy's West $ 219.00 m. Nordstrom FSB $ 645.00 n. Peerless Credit (Belvedere Medical) $ 161.00 o. Seam $ 995.00 p. WFNB / Limited $ 167.00 HUSBAND hereby agrees to assume these debts without contribution from WIFE toward the payment of the same. It is understood and agreed WIFE is responsible for payment of the following debt: a. Renaissances Reality $ 2,040.00 b, Household Finance Loan $ 5,115.44 c. Vehicle Loan to WIFE's parents $1,400.00 d. WIFE's Student Loan $ 6,000.00 WIFE hereby agrees to assume these debts. It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. 7 WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. 12. BENEFITS, STOCK AND BANK ACCOUNTS WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 13. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage immediately upon execution hereof. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 14. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. 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 that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. .... ....~. r* ~~ {SEAL) TH(~AS E. PA~bl~ ' RACHEL S. PALMS {SEAL) COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, ~'/~~.A.. , 2004, a Notary Public, in and Pennsylvania and County of Cumberland, RACHEL S. this ~>L.~~''~ day of for the Commonwealth of PALLIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. MERLENE J, MARHEVKA. NOTARY PUBUC CARLISLE CUMBERLAND COUNTY, PA MY COMMISSION EXPIRES JUNE 8, 2006 COMMONWEALTH OF PENNSYLVANIA : //// '. SS: COUNTY OF CUMBERLAND BEFORE ~ day ~~ N~,Y APPEARED ME, this of 2004, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, THOMAS E. PALLIS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. South Middteton T~.. C~rl~ C~ / ~ ~ ~ ~ V 12 THOMAS E. PALLIS, : Plaintiff : RACHEL S. PALLIS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-5989 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on October 17, 2001. 2.. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses ill do not claim them before a divorce is granted. 5. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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/S~ection 4904 relating to unsworn falsification Date: ~THOM~AS Iff. PALI~I~ THOMAS E. PALLIS, Plaintiff RACHEL S. PALLIS, vs. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-5989 CIVlLTERM : : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER ~3301(c~ OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed October 17, 2001. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit 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. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 lc) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyeds fees or expenses if I do not claim them before a divorce is granted. I' understand that I will not be divorced until a Divorce Decree is entered by 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 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: (~-~--zg-" C~-~ II i THOMAS E. PALLIS, Plaintiff VS. RACHEL S. PALLIS, Defendant .' IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2001-5989 CIVIL TERM : IN DIVORCE SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA PRAFCIPI= TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 3301(d)(I) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service by Rebecca Hughes, Esquire on behalf of the Plaintiff signed October 22, 2001 and filed with the Prothonotary on October 31, 2001 (copy attached) 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff September 23, 2004: by the Defendant September 23, 2004. Related claims pending: None: The terms of the Marriage Settlement Agreement of September 23. 2004 are incorporated bi. it not merged into the Decree in Divorce Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: September/~7 ' 2004. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Septem~er~F~__~_~x04. ~)/~ Carol J. Lind~.a_,y~,~Es ,~uj~re~ '%t Supreme Court '~O..4'4693 Saidis, Shuff, Flower & Lindsay 26 West High Street Cadisle PA 17013 Phone: 717.243.6222 Attorney for Defendant IN THE COURT OF COMMON THOMAS E. PALLIS OF CUMBERLAND COUNTY STATE Of PENNA. Plaintiff NO. 2001-5989 PLEAS VERSUS RACHEL S. PALLIS Defendant DECREE IN DIVORCE DECREED THAT Thomas E. Pallis AND Rachel S. Pallis ARE DIVORCED FROM THE BONDS OF ~4ATRIMON¥. IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; None: The terms of the Marriage Settlement Agreement of' September 23, 2004 are incorporated but not merged into the Decree in Divorce.