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HomeMy WebLinkAbout03-3141 0 3 - 3icil WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW vs. MARK A. KELLER AND HEATHER M. SCHILDT AWA HEATHER M.KELLER Defendants ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE You have been sued in covet. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff vs. MARK A. KELLER AND HEATHER M. SCHILDT A/K/A HEATHER A. KELLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff vs. MARK A. KELLER AND, HEATHER M. SCHILDT A/K/A HEATHER M. KELLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW rO3_ ,3 t'J r ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, is a Corporation, with an address of P.O. BOX 1169, DEPT. 2665 MILWAUKEE, WISCONSIN 53201. 2. Defendant, MARK A. KELLER, is an adult individual, whose last known address is 36 I STREET, CARLISLE, PENNSYLVANIA 17013. Defendant, HEATHER M. SCHILDT A/K/A HEATHER M. KELLER, is an adult individual, whose last known address is 36 I. STREET, CARLISLE, PENNSYLVANIA 17013. 3. On or about, March 31, 1998, the said Defendants, executed and delivered a Mortgage Note in the sum of $83,905.00 payable to PNC MORTGAGE CORP. OF AMERICA, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1442, Page 151 conveying to original Mortgagee the subject premises. Washington Mutual Bank, FA Successor in Interest to PNC Mortgage Corp. of America. The Said Mortgage is incorporated herein by reference. 5. The land subject to the Mortgage is: 36 I. STREET, CARLISLE, PENNSYLVANIA 17013 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on January 01, 2003 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $79,632.77 Interest at $16.09 per day $3,909.86 From 12/01/2002 To 07/01/2003 ( based on contract rate of 7.375%) Accumulated Late Charges $230.55 Late Charges at $28.98 $5,426.38 From 01/01/2003 to 07/01/2003 Escrow Balance $450.77 Attorney's Fee at 5% of Principal Balance $3,981.64 TOTAL $93,631.97 "Together with interest at the per diem rate noted above after July 01, 2003 and other charges and costs to date of Sheriff's Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to Foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.375% ($16.09 per diem), together with other charges and costs including escrow advances incidental thereto to the date gf"?herif `s Sale and for foreclosure and sale of the property within described. By: Leon P. HaMYt!r, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Wmf27tj7 (1600x2800x2 tiff) [10] FHLMC LN*: 620114630 ' NOTE LENDER'S 1 09-27-03170 MARCH 31 " 1998 CARLISLE PENNSYLVANIA -yt [DEW [City] [State3 3fi ?l STREET, CARLISLE, PENNSYLVANIA 17013-1542 [Property Addreu] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. S B3, 905.00-------------------- (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is PNC MORTGAGE CORP. OF AMERICA, AN OHIO CORPORATION . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of ----------------7.3750%. The interest rate required by this Section 2 is the rate I will pay both before end after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the FIRST day of each month beginning on MAY I I BBB . I will make these payments every month until I have paid all of the principal and interest and.gny other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on APRIL 1, 2026 , I still owe amounts under this Note. I will pay those amounts in full on that date, which is called the "Maturity Dam." I will make my monthly payments at 75 NORTH FAIRWAY DRIVE, VERNON HILLS, ILLINOIS 60061 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 570.51----------------- 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. Apayment of principal only is known as a "prepayment " When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying my prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal than owe under this Note. If I make a partial prepayment, there will be no changes to the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those Changes 5. LOAN CHARGES If a law, which applies to ibis loan and which am maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted [mite, then: (i) my such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) my sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reductionwill be treatedasa .,d prepayment. 6. BORROWER'S PAII.URE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of my monthly payment by the end of 15 calandar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be, ----------------5.000096 o my overdue payment of principal and interest. T will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid an MULTISTATE RXED RATE NOTE-Sihale Famlly-P.M. Ram/FrMaR Mae fidtarm 1"VEnma Fwm 3208 7L r"r I .+ a E ) -6R+monea XC9FP0111A .W VMa MORTGAGE fGPMa' nin213-8101' ale0521-0201 Inl+iaa: Y" PHI CERTO - B222226058 PHI COMPANY - GENERAL ELECTRIC (GE) Xht?? Wmf27tj7 (1600x2800x2 tiff) [11] 0: e interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or ined to me. (D) No Waiver By. Note Holder Even if, at a time when I am in default, the Note Holder does not requiro me to Pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses B the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the rightto be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for exam le, reasonable attomays'faes. 9. GIVING OP NOTICES Unless applicable law requires a different method, my noti ce that must be given to me under this Note will be given by delivering it or by mail' it by first class mail to me at the Property Address above or at a different address if I give the Note Holdera notice of my dif ereetaddress. Any notice that must be given to the Note Holder under this Note will be iven by mailing it by first class mail to the Note Holder at theaddreas stated in Saction 3(A) above or at a differentaddress if I am given a notice of that differentaddress. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If mom than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Now. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be 9?Ad to pay all of the amounts owed under tbisNote. I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the nghttorequtre the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the proteotiom given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, pro?ect? the Note Holder from possible lasses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate vent in full of all amounts I owe antler thu1 Note. home of th0se00rdlt1QAr are de9crkbed a6 follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or my part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may, at its option, require immediate payment in full of all sums secmxd by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lander may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. l `WITNESS TH?EEHHANND(S) AND SEAL(S) OF THE UNDERSIGNED. ?( ?W ' t41t- (seal) 9(/' ?l. H A fl N. SCHILOT -Borrower HA&g( SSN: SSN: (Seal) -Borrower SSN: -SRUrouae XMINDAAa .e SSN: PAY TO THE ORDER OF: WITHOUT RECOURSE .",. y . r PNC o Cop. of America Gal E. West (Seal) -Burrower (Seal) -Borrower lslvs 01191.,1 only) From 3200 1L03 Wmf27tj7 (1600x2800x2 tiff) [8] LEGAL DESCRIPTION ALL that certain lot, tract or parcel of land sal premises, situelq lying and being an the 5th Ward of the Borough of Carlisle in the County of Cumbartand aad.the Cammoewaft of Pentuylvarok mare particularly described an follows: BB(1B4P M at a'stake on the Southern side of "r Street which stain is three handed fille w and fivo-temhs (315.5) feet from Ate aoothesatu¢ comer ofNadh Pitt Shat and T Steal: theaoe along 69 southern side of "1" Swat, south e>igbty-aoe (91) deaprea fiom (4) miouees east, fifty-five(55) fed to a poiaK theace south **k (S) degrees 04-six (56) miaWas west, out hundred forty nine and sbdy-five hmalrodds (149.65) feet, mass of or less, be a point on the but of land fotmady of Wartm Gillette thence by the latter, south sixty-me, (69) degrees thirty-fare (34) mimrtes west, fifty-sm (56) fed, more or lets, to a point; thence math eight (fh degrees fifty-six (56) nu mates east, out hundred sixty-one and fifteen hundradths (161.15) feet, more or h ss, to the place ofBEUII NM. Having thereon erected a story and one-balf brick burtgaiow- State of Pennsylvania1 County of Cumberland 1 86 Reco tied i it e cf4co for the recording of Deeds e t ande!lan?u?nty,? `ft I''ti.,6dn 1,y'lV eoo11442tMgF. 157 IFf - 7 ; FXh ill! ?- t, jbf' COMPANY NAME: WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated JUNE 30, 2003 By Title Dean LaRocha Att. Assr. Secretary S U, ? 1 Z ON V (7) C=• 2- t' ' SHERIFF'S RETURN - REGULAR CASE NO: 2003-03141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS KELLER MARK A ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KELLER MARK A the DEFENDANT at 2116:00 HOURS, on the 11th day of July 2003 at 37 EASTWICK LANE CARLISLE, PA 17013 by handing to MAURICE KELLER, FATHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ?( °` day of n„P.? ?ZVVJ A. D. othonotary So Answers: R. Thomas Kline 07/16/2003 PURCELL KRUG HALLER By: pu \ . MN puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-03141 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS KELLER MARK A ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SCHILDT HEATHER M AKA HEATHER M KELLER the DEFENDANT , at 1527:00 HOURS, on the 15th day of July 2003 at 33 SPRING GARDEN ESTATES CARLISLE, PA 17013 by handing to HEATHER SCHILDT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this ¢ day of ?q ?w...f- A. D. G t thonotary So Answers: 'Ile ?t R. Thomas Kline 07/16/2003 PURCELL KRUG HALLER By: uty Sheriff WASHINGTON MUTUAL BANK, FA SUCCESSOR IN INTEREST TO PNC MORTGAGE CORP. OF AMERICA, Plaintiff VS. MARK A. KELLER AND HEATHER M. SCHILDT A/K/A HEATHER M KELLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 - 03141 IN MORTGAGE FORECLOSURE P R A E C I P E TO THE PROTHONOTARY: Please mark the above action settled and discontinued, without prejudice. PURCELL, KRUG & HALLER Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 By: Leon P. Ha er ID #15700 Attorney for laintiff DATE: September 10. 2003 c, ?, <:< c -„ .? . ,. rn -coq: -, C+_ ? ? a ifs`: c`- r[ -.. ... t 'c. :? ? = -:. lG -? 345105822 03-3145 CIVIL ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 927103867 Co./City/Dist. of CUMBERLAND 953 S 2005 Date of Order/Notice 12/10/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number HIGHMARK SERVICES CO* PO BOX 535061 PITTSBURGH PA 15253-5061 297-66-0377 Employee/Obligor's Social Security Number 8347100856 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 573 .00 per month in current support $ 5o . oo per month in past-due support Arrears 12 weeks or greater? Oyes Q no $ 316.16 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 1, 939.16 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: $ 447.50. per weekly pay period. $ 895.00 per biweekly pay period (every two weeks). $ 969.58 per semimonthly pay period (twice a month). $ 1.939.16 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: DEC 1 1 2007 DRO: R. J. SHADDAY Service Type M O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: ARAGNO, BRIAN C. Employee/Obligor's Name (Last, First, MI) BY THE COURT: j? KEVIN HESS, JUDGE Form EN-028 Rev. OMB No.: 0970-0154 Worker I D $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide aSopy of this form to your mployee. If yorr employee works in a state that is di Brent from the state that issued this or er, a copy must be providedpto your emp oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Repoiting tire PdydateiDate of Withholding. YOU inusot repoit the payddte/date of withholding when sending ,the payment. T+fe-- . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 6104133200 EMPLOYEE'S/OBLIGOR'S NAME: ARAGNO, BRIAN C. EMPLOYEE'S CASE IDENTIFIER: 8347100856 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 employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I I -Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ARAGNO, BRIAN C. PACSES Case Number 345105822 Plaintiff Name MICHELLE D. KRALY Docket Attachment Amount 03-3145 CIVIL$ 1,166.16 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number 927103867 Plaintiff Name MICHELLE D. KRALY Docket Attachment Amount 00953 S 2005 $ 773.00 Child(ren)'s Name(s): DOB NICHOLAS JAMESARAGNO 01/04/94 ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. 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 insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? 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. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 r^1 - vL- 1.. f:: :r Cam, 5=? 4u tY ? ? t? C..s