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Home My WebLink About03-3473 Barbara Sumplb-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RHONDA 1. BURKEY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND 'COUNTY, PENNSYLVANIA ; NO. 03 - J4?J C;o~(~~ JERRY R. BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 ASSOCIA nON 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A ] 7070 (7] 7)774-1445 RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. DJ - c,~;L J-~ JERRY R. BURKEY. Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is RHONDA 1. BURKEY, an adult individual residing at 316 Eutaw A venue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is JERRY R. BURKEY, an adult individual residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 9, 2000 in Colorado. 5. There are two (2) minor children born of this marriage: Brianna Burkey, born May 29, 1997; and Kyla Burkey, born January 19, 1999. I 6. The parties separated on March 30, 2002. 7. There have been no prior actions for divorce or annulment between the parties, 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with" 3301 of the Pennsylvania Divorce Code. 2 INDIGNITIES 12. The averments in paragraphs I through II, inclusive of Plaintiff's Complaint are incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 ofPlaintiITs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. 3 WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 40l(d) ofthe Pennsylvania Divorce Code. COUNT III SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs I through 15, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. WHEREFORE, Plaintiff, RHONDA J. BURKEY, prays this Honorable Court to enter judgment: A. A warding Plaintiff a decree in divorce; B. A warding Plaintiff support, alimony and alimony pendente lite; C. Equitably distributing the marital property; and - Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 D. Awarding other relief as the Court deems' n.tod'~J)3 4 Barbara Sump Ie-Sullivan. Esquire Supreme Court #32317 549 Bridge Street New Cumberland. P A 17070 (717) 774-1445 RHONDA 1. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. JERRY R. BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A Section 4904 relating to unsworn falsification to authorities. Dated: 0711~jo3 . . Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. JERRY R. BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, RHONDA J. BURKEY, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are. true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C S. A Section 4904 relating to unsworn falsification to authorities Dated: 07!1J,/03 1~ ~( ~ ,-. ,) ~ c - t~ 0 . ~ ~ V 8 C3 C> I t- I " ~. )v \ : ~ ) - ~:b --z:-&: r Ff Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RHONDA J. BURKEY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3473 Civil Term v. JERRY R. BURKEY Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Mary Lou Matas, Esquire, hereby accept service and acknowledge receipt of the above- captioned Complaint for Divorce on behalf of my client, Jerry R. Burkey, having received said Complaint on the z.5#l day of ~' 2003. I hereby indicate I am authorized by my client to accept service on his behalf. Dated: JJj 25; lOc6 Matas, quire Griffi d Associates 200 North Hanover Street Carlisle, PA 17013 Attomey for Defendant ~ Q 0 (:....,;.; '" "'" "'00:1 ,- mnJ ;:~ o'_f';i 2>, Zs:- I , i_., C/)"'~ ~C;, ~,(,> 4'\"7 ~i3, ~C :J:.:' :l> c'i F\5 c::: ~ -""' >' en ./:'" -<: RHONDA J. BURKEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JERRY R. BURKEY, : NO. 03-3473 CIVIL TERM Defendant/Petitioner : IN DIVORCE PETITION FOR MARRIAGE COUNSELING PURSUANT TO 23 Pa.C.S.A. &3302(b) AND NOW, comes Petitioner, Jerry R. Burkey, by and through his counsel of record, Marylou Matas, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Defendant, Je:rry R. Burkey, an adult individual currently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Your Respondent is the above named Plaintiff, Rhonda J. Burkey, an adult individual currently residing at 316 Eutaw Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Respondent filed a Complaint in Divorce on July 22, 2003, on the grounds of irretrievable breakdown ofthe marriage. 4. Despite the averments contained in the pleadings., it is believed and averred that the marital differences are not irreparable. 5. Petitioner believes that there is a reasonable prospect of reconciliation and that Court ordered counseling will be beneficial to aide in that goal. 6. Petitioner is willing to share in the costs of such counseling. 7. Petitioner is further willing to undergo counseling with Respondent by selecting one of the marriage counselors that the Court has listed at the Prothonotary's office in the Cumberland County Courthouse, Carlisle, Pennsylvania, or selecting any other counseling suitable to the parties. WHEREFORE, Petitioner requests your Honorable Court to Order both parties to undergo marriage counseling, pursuant to ~ 202(b), (c), arld (d) of the Divorce Code, and Pennsylvania Rules of Civil Procedure 1920.45 before entering any Decree in divorce for Respondent. Respectfully submitted, s,IJikkJ Attorney fo efendantlPetitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 i I VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 8>/13 /C?.5 I ' ~- ,~ ---- /' JE~R.BU EY,Defun~n >- r--- C' C": I:' ~ - ,~--, ':::..,., , .>..' c~ '. ;5 ! co " Z l..:' , ,".J , r,l.. "'i~ LL. M ...J 0 C~,.:) U Barbara Smnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cmnberland, P A 17070 (717) 774-1445 RHONDA 1. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS\lL V ANlA v. Civil Action - Law JERRY R. BURKEY, Defendant NO. 03-3473 PETITION FOR ALIMONY PENDENTE LITE 1. Plaintiff is RHONDA 1. BURKEY residing at 316 Eutaw Avenue, New fUmberland, Cumberland County, Pennsylvania 17070. 2. Defendant is JERRY R. BURKEY residing at 3603 Kent Drive, MthaniCSburg, Cumberland County, Pennsylvania 17050. , I pl,;",",,,,.. _ci"" u"" '" pro~d, '" h~ """",,,I, "00' J ;, ~hl, '" 3. support herself fully through appropriate employment. 4. I Defendant has sufficient assets to provide continuing support for Plaitiff. I , 5. Defendant has sufficient assets to provide alimony pendente lite for PI intiff. WHEREFORE, Plaintiff requests the Court to enter an Order awarding her alimony pendente lite pursuant to 23 Pa. C.SA 3702. DATE: August 19, 2003 Bar ara Sumple-Sullivan, EsqUirj 549 Bridgll Street New Cumberland, PA 17070-19 1 (717) 774..1445 , Supreme Court J.D. 32317 I Attorney for Plaintiff I RHONDA J. BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law JERRY R. BURKEY, Defendant : NO. 03-3473 VERIFICATION I, RHONDA J. BURKEY, hereby certify that the facts St:t forth in the foregoing ~ETITlON FOR ALIMONY PENDENTE LITE are true and correct to tht: best of my knowledge, ~orrnation and belief. I understand that any false statements made herein are subject to penalti~s of 18 Pa. C.SA 34904 relating to unsworn falsification to authorities. DATED: Of?!Jt.J/rf3 RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law JERRY R. BURKEY, Defendant : NO. 03-3473 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION FOR ALIMONY PENDENTE LITE in the above- captioned matter upon the following individual( s) by first class mail, postage prepaid, addressed as follows: Marylou Matas, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 DATED: August 19, 2003 ~ Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 -[1 [i~; J-~ t:::' ..1-'--. '''"' )..,. ) ",,) C" -, ~:) - ..~ r:J:.. 'l" , ::!:i :'J,J ." t d ~ RHONDA J. BURKEY, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OilJ~~2OCB : CUMBERLAND COUNTY, PENNSYLVA~t1>fJ or... CIVIL ACTION - LAW v. JERRY R. BURKEY, : NO. 03-3473 CIVIL TERM Defendant/Petitioner : IN DIVORCE ORDER OF COURT AND NOW this J...li day of /^,,, I..J',) ~> t ,2003, upon presentation and consideration of the within Petition for Marriage Counseling it is hereby ORDERED and DIRECTED that Plaintiff/Respondent and Defendant/Petitioner undergo three sessions of _"" "'f"'lin~" Jlqu,,"" by th, oorwdmrtlP<tilio",\' W ,t~ '0 6 c' j J 1;' .f t~ L. (1 2.1 Co-,J II-, i \. OJ dcJ . p2 '1 It is further ordered that Defendant/Petitioner shall ~ the cost of such counseling ~ P'"1' Y . . Prothonotary's Office at the Cumberland County courthouse, Carlisle, Pennsylvania or one 1.:2\> the counselor being selected from the list maintained by the Court at the chosen by the parties, such counselor to be selected within ten (10) days of the date ofthis Order. BY THE COURT, , ,/ .' f J. \, - .-'~ Cc: ~arylou Matas, Esquire / Attorney for Defendant/Petitioner ,/Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff/Respondent ~ ~t.A. \\~ D~-.;lI-C5 I.;I:t'/~'/\l)\S'\i,\r?d ,[, '-~' ~"'nJ 1\ ".;: " <."; 'It j r:U:(; ,:d (, .....1 i~' :J() RHONDA J. BURKEY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE JERRY R. BURKEY, Defendant/Respondent NO. 2003-3473 CIVIL TERM IN DIVORCE Pacses# 525105750 ORDER OF COURT AND NOW. this 15'h day of September. 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 17.2003 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Retwn, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 9-18-03 to: Petitioner < Respondent Barbara Sumple-Sullivan, Esquire Marylou Matas, Esquire Date of Order: September 15, 2003 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE 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 COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 ~/G. 0 c.:J C) C c,) ~ :.n v (i , ;-'" rf\ ( ':J -,., i:l) .~ -, ( r' .- / .'- . :.~ ,,- -Y' . , ~ "_11 ," ~} ,,0 ~ RHONDA J. BURKE , Plain iff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003-3473 CIVIL TERM IN DIVORCE JERRY R. BURKEY Defe dant/Respondent Pacses# 525105750 ORDER OF COURT OTICE OF RESCHEDULED CONFERENCE AND NOW, 's 22" day of October, 2003, upon consideration of the attached Petition for Alimony Pendente Lit andlor counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Sha da on November 26.2003 at 9:00 A.M for a conference, at 13 N. Hanover St., Carlisle, PA 17013, a er which the conference officer may recommend that an Order for Alimony Pendente Lite be enter d. YOU are furt er ordered to bring to the conference: (I) a true co y of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Inco e and Expense Statement attached to this order, completed as required by Rule 1910.11 (4) verificaf n of child care expenses (5) proof of edical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arres . BY THE COURT, George E. Hoffer, President Judge Petitioner < Respondent Marylou Matas, Esquire Barbara Sump Ie-Sullivan, Esquire, I jJ II !\"'" ~/ . ~ 11._., .,,-_'z...,. , Date of Order: Octo r 22 2003 ;' . ---- . J. Sh,{dday, Conference Officer-r YOU HAVE THE GHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE ~ REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE HE OFFICE SET FORTH BELOW TO FINn OUT WHERE YOU MAY GET LEGAL HELP. Mail copies on 10-28-03 to: CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 RHONDA J. BURKEY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE JERRY R. BURKEY, DefendantlRespondent NO. 2003-3473 CIVIL TERM IN DIVORCE Pacses# 525105750 ORDER OF COURT AND NOW, this 26th day of November, 2003, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $376.18 and Respondent's monthly net income/earning capacity is $596.70, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $0.00 per month payable monthly as follows; $0.00 for alimony pendente lite and $0.00 on arrears. First payment due on the arrearages when Husband returns to employment. Arrears set at $61.14 as of November 26,2003. The effective date of the order is August 20, 2003. There is no Order of Alimony Pendente Lite from September 15, 2003 through the present due to Husband being unable to work and receiving workmen compensation benefits. There is an Order of Alimony Pendente Lite in the amount of $82.00 per month from Augsut 20, 2003 through August 31, 2003 while Husband was receiving unemployment compensation benefits. There is an Order of Alimony Pendente Lite in the amount of $63 .00 per month from September 1, 2003 through September 14, 2003 when Defendant was employed. Payment on the arrears will commence when Husband returns to employment. 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.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 P A SCDU to: Rhonda J. Burkey. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, PAl 71 06-911 0 Payments must include the defendant's P ACSES Member Number 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 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Neither party to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on lx- '/<:8 to: < Petitioner Respondent Barbara Sumple-Sullivan, Esquire Marylou Matas, Esquire BY THE COURT, th/ J. \:;~ ' ii;f:::' (") C ;;:- ~j.XT./ ;Z~t'.. 2( (Ij~:, ;:$< Kl. PC" 20 s.c: ~ ~ '-.:> Q C> w <:::> 1'1 (, I .c-- o ...,., ,:.: -:'1--7~ , ".~ :\~ -c,) -.- '; ~:~;! "J5 tjtn -.. -,,; :u --< .:> L ::i ('j 1""\'. c' c:i ~ H i~ <:;> (,,) o n ..... ~ CX) " :x Cd ~ .:..-:1 i~:i:D ,"-,F;; '>::'0 8<.") " -ri c:; :.n 6~ ~ -< In the Court of Common Pleas of CUMBERLAND County, Pennsylvania OOMESTIC RELATIONS SECTION RHONDA J. BURKEY ) Docket Number 03-3473 CIVIL Plainriff ) vs. ) PACSES Case Number 525105750 JERRY R. BURKEY ) Defendant ) Other State ID Number ORDER OF COURT You, RHONDA JEAN BURKEY plaintiff/defendant of 644 COPPER CIR, LEWISBERRY, PA. 17339-8711-44 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, I?A. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the You are further required to bring to the hearing: o r: -,", Co 3:0 1.:03:" ,""I\rrl;::: :;.:JtnrTl -...., ":;:c=> ~- -r1 .c::l .." I. a true copy of your most recent Federal Income Tax Return. including W -2 ,~ 2. your pay stubs for the preceding six (6) months, ~~rn 3. verification of child care expenses. and :i ~ Ul 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: at 9 : OOAM for a hearing. ..0 JANUARY 23, 2004 J> -P. .r= ..0 Service TYPe M Form CM-509 Worker ID 21006 BURKEY V. BURKEY PACSES Case Number: 525105750 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: _DeL, f '7 ;) 0 J S ~ fo/{ JUDGE 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 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Worker ID 21006 Service Type M ,,'-'. (') c- .-.~ r+;f~'" -,.." ?t~~ ui- .~ is;'. .-- ( iff: ~~ ':':" , . -, '" = "" ....., t:::1 /"'1 ("j \_J -.., - \D 5! n-7:!J r- :r;z1l1 -,.,0 O(l ::;:J.J , ,- o::rf ;~~ F~ ~~I ..,., ,'" -'" ~:) en --';.: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania OOMESTIC RELATIONS SECTION RHONDA J. BURKEY ) Docket Nwnber 03-3473 CIVIL Plaintiff ) vs. ) PACSES Case Nwnber 525105750 JERRY R. BURKEY ) Defendant ) Other Sta.te ID Nwnber ORDER OF COURT You, JERRY RAY BURKEY plaintiff/defendant of 3603 KENT DR, MECHANICSBURG, PA. 17050-2227-03 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-30~4~~3 Co ::J:::::o en -,." i"-q~""- Qrrlr ::.._CJ)r1 -lo :~C=>o '::J;O , ,:-)rr1 2:t>~ :Z~ -lO -<z I. a true copy of your most recent Federal Income Tax Return, including W -28, as filM, 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: ~ = = ~ JANUARY 23, 2004 at 9: OOAM for a hearing. )> before a hearing officer of the Domestic Relations Section, on the You are further required to bring to the hearing: -P. .r= .D Service Type M Form CM-509 Worker ID 21006 BURKEY v. BURKEY PACSES Case Number: 525105750 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: DCL..17,2o..:;;,< . tU, fZ0/[ JUDGE 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 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. Y Oil must attend the scheduled hearing. Page 2 of2 Form CM-509 Worker ID 21006 Service Type M (") dj~ 6) --< f::': )~~, - ~-.t. -C;(j ):.,.c: ~ -, ...., -. ....., = => .... o '-'1 C"? o -n -t rh~ :88 C),i :-l \._J "1--" ~~ 1.0 --, f.d U1 -< In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RHONDA J. BURKEY, Plaintiff : Docket Number 03-3473 CIVIL v. : PACSES Case Number 525105750 JERRY R. BURKEY, Defendant Other State ID Number RHONDA J. BURKEY, Plaintiff : Docket Number 00508 S 2003 v. PACSES Case Number 89110547 JERRY R. BURKEY, Defendant Other State ID Number PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is counsel of record in the above-captioned action for Defendant, Jerry R. Burkey. 2. Your Respondent is Jerry R. Burkey, an adult individual currently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The above-named Plaintiff, Rhonda J. Burkey, is represented by Barbara Sumple- Sullivan, Esquire. 4. Respondent has been advised that an additional retainer is needed in order for Petitioner to continue to properly represent Respondent's interests in these proceedings. 5. Respondent has advised Petitioner that he is not able to make additional payments or provide the requested retainer. 6. Respondent has requested that Petitioner withdraw as his counsel and has refused to authorize Petitioner to respond to any additional items that may be received concerning his case. 7. Petitioner is unable to take any additional action to proceed on behalf of the Respondent due to his failure to provide the necessary authorization to do so and the required retainer to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Respectfully submitted, Date -, J 7 /1' akci1}.- Mary 0 Matas, Esquire GRIF E & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 eJM VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 2/1ul04 ~ ~7Ila.k Mary~atas, Esquire () ...., 0 = c: = .1 --.... or- .." .-1 ~- ,.., fii ~-Q to ~ ('n ""I' _J ,., ~~i ~'r; ::? i ) -n -.-.. C) <':"';1"1'1 rv u ::i: .,.....! "-~~ ."j U1 ... . -< V! RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JERRY R. BURKEY, Defendant NO. 03-3473 CIVIL TERM IN DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: I. Your Petitioner is counsel of record in the above:-captioned action for Defendant, Jerry R. Burkey. 2. Your Respondent is Jerry R. Burkey, an adult individual currently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The above-named Plaintiff, Rhonda J. Burkey, is represented by Barbara Sumple- Sullivan, Esquire. 4. Respondent has been advised that an additional retainer is needed in order for Petitioner to continue to properly represent Respondent's interests in these proceedings. 5. Respondent has advised Petitioner that he is not able to make additional payments or provide the requested retainer. 6. Respondent has requested that Petitioner withdraw as his counsel and has refused to authorize Petitioner to respond to any additional items that may be received concerning his case. 7. Petitioner is unable to take any additional action to proceed on behalf of the Respondent due to his failure to provide the necessary authorization to do so and the required retainer to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Respectfully submitted, Date VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: z-l/[,. /04 /)V~, ;'"1u 7rlJ.~ Mary atas, EsqUire (') ".., 0 = ,= C:::Jl '1', J,.- ~.. "Tl ~ t';-) r"l -n CD nl r= :g~ --.1 ~~ ) '.. i--r, \J Q (-) -.-...., ~-~~ r::? :~j m m; U1 ::.~~ -, 0;, \. RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JERRY R. BURKEY, Defendant NO. 03-3473 CIVIL TERM IN DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates and petitions the Court as follows: 1. Your Petitioner is counsel of record in the above-captioned action for Defendant, Jerry R. Burkey. 2. Your Respondent is Jerry R. Burkey, an adult individual currently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The above-named Plaintiff, Rhonda J. Burkey, is represented by Barbara Sumple- Sullivan, Esquire. 4. Respondent has been advised that an additional retainer is needed in order for Petitioner to continue to properly represent Respondent's interests in these proceedings. 5. Respondent has advised Petitioner that he is not able to make additional payments or provide the requested retainer. 6. Respondent has requested that Petitioner withdraw as his counsel and has refused to authorize Petitioner to respond to any additional items that may be received concerning his case. 7. Petitioner is unable to take any additional action to proceed on behalf of the Respondent due to his failure to provide the necessary authorization to do so and the required retainer to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Respectfully submitted, Date /"'YV1 # f ( Ma atas, Esq ire GRIFFIE- ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 2-11 [t /04 (') "> (') <= c:: = -n .~.: ~- rn -., ~" r<1 n1p <:J.J -\.")f"n "'? ....-' -,..,j ~~ -T) C:' ..'" iT) C r:--? ".~ "-, Ul ?~ ...::; -, c::' \ RHONDA J. BURKEY, Plaintiff o : IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYL V r-~ 9 2004 : CIVIL ACTION - LA W -~ v. JERRY R. BURKEY, Defendant : NO. 03-3473 CIVIL TERM : IN DIVORCE ORDER OF COURT AND RULE TO SHOW CAUSE AND NOW, this '2.11 day of _-k' , , 2004, upon llresentation andf" I ~ Pl>,:.t;f( ?A-I.D~d" consideration of the within Petition, a Rule is hereby issued upon tin ~ U1Lud...l, J~U] R. YIII!rVY, to Show Cause, ifan~,~~~\hY Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates should not be permitted to withdraw as counsel in the above- captioned matter. Rule ..'1turnable ri days after service by first~cla3~ail, postage I1repaid "d,.1..T J PI~ [;He ".._.cl ~t at his last known address. .... \J~ ,.. . Cc: ~rylou Matas, Esquire / Petitioner/Attorney for Defendant /Jerry R. Burkey '7 Respondent /l3arbara Sumple-Sullivan, Esquire Attorney for Plaintiff upon By the Court, . ~d. ~ o ~ -.:;1.3 -OlJ I~J.;'<r-'r,<~.i (~:i'~[-\8 II : II :;\! SZ 833 !1CDZ Atl'"'.;'.LO~iJr.\lO(:~d 3H1 ;'J::l:\Q-03l\:l ~n ..,!'v RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JERRY R. BURKEY, Defendant : NO. 03-3473 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, Barbara Sumple-Sullivan Esquire, acknowledge that on / :!3!~ , ,2004, I received a certified and true copy of a Petition to Withdraw and related Order of Court dated February 20, 2004, in the above captioned action and further acknowledge that I am authorized 7a/ty Date: o ~ - Co n",;-;' -,. :. i tj;.'.... .....-.::..'. r-r- ~C:') S;.:~~ 2:.: --, ~ -, ....., = = ..:- ::Ii: Do ;;;0 J .0:- o -" :r!__ m I, 'p -am ~6 =r:!-'f'i '-':D ~M --I "'" ::0 -< ,~ -.;.. f'..:J {.,;, RHONDA J. BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JERRY R. BURKEY, Defendant : NO. 03-3473 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I, Jerry R. Burkey, acknowledge that on /7/./.1 ,eChl , g, 2004, I received a certified and true copy of a Petition to Withdraw as Counsel and the Order of Court dated February 20, 2004. Date: mAke II -"/, ;200 r.( -;.~ -;? c /' JERRY R. RKEY /' 0 "" (-= c:> 0 = ;;-,-.. ~ -, -"'- -\ ::C-i!"o :1: ::n :;;0 m- I -0 hi co i39 _jO -0 ~-7; ::!: -n -___0 r;.;> ;=o::iTl 2 .;:- .-"'''' ~D -.J -< In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RHONDA J. BURKEY, Plaintiff : Docket Number 03-3473 CIVIL v. : PACSES Case Number 525105750 JERRY R. BURKEY, Defendant : Other State ID Number RHONDA J. BURKEY, Plaintiff : Docket Number 00508 S 2003 v. : PACSES Case Number 89110547 JERRY R. BURKEY, Defendant : Other State ID Number ACCEPTANCE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, acknowledge that on 3/Y ,2004, I received a certified and true copy of a Petition to Withdraw and related Order of Court dated February 20, 2004, in the above captioned action and further acknowledge that I am authorized to do so on behalf of the Plaintiff, Rhonda J. Burkey. ~N(oV ::3l: ... "" Date: B rbara Sumple-Sullivan, Esquire ,-' " -~o 549 Bridge Street";:; ~ New Cumberland, P A 17070' ,,~ ,,:; co c' " ",,:::2 co :~Pl CJ -(2 'n w o '" ...., ::s: - C) .z::... ;' ;~,. ,:".< o ~i~, ....., C, C:::::l' "'- ::;t;, #"" ;::J I v:J =;,: "'"':J o ., -" ,.-.., r"ilp -o;;'! ~~J9 ~3 ~~;~ 3:~:~ r:? L) ill 'Ii ''''- RHONDA J. BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JERRY R. BURKEY, Defendant : NO. 03-3473 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this q day of March, 2004, comes Bradley L. Griffie, Esquire, and states that a true and attested copy of a Petition to Withdraw as Counsel and related Order of Court dated February 20, 2004, was forwarded to Plaintiff, Jerry R. Burkey, at 3603 Kent Drive, Mechanicsburg, PA 17050, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on March 4, 2004. ~~re GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 . Complete Items 1. 2. and 3. Also complete ~em 4 if Restrtcled Deliv8!Y is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mall piece, . or on the front if space permits. 1. Article Addressed to: Jurv ~. ~ltY 4~ 1;~o-; \Lt~~. DMt ~(A.\lt~ ~~ ?~ not:p 3. ServIce Type 'J:tCertified Mall Cl Reoigtp,n:w'4 <:2' o Express Mail ~ l1"I .... . - lipt for Mercha~ # , 'fYes -,.-.,......-1 -lIarIU VCJL-,,- DomeStic Return Receipt /.::;0'1 <fi!fz 102595'{)1-M-Q381 2. PS Form 3811 . August 2001 ru U1 ('- ..... Certified Fee ..... "" U1 ,..q Postage $ #4/? \ 1 postmark \ Here. .' ! //") .~:=// Return Receipt Fee Lt1 (Endorsement Required) ru C Restricted Delivery Fee C (Endorsement Required) c C ..lI C Total postage & Fees c c c ('- (") c:: s:' 52"'0 co Iff] :n "'7>',.",. r", c.o '-,) < c.:- - ~ -, -" t: ~HS; 'r- 'I', ::~~?5 ::-';;;,, ~;~;,l ::0 -< "-) " RHONDA J. BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JERRYR. BURKEY, Defendant : NO. 03-3473 CIVIL TERM : IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Your Petitioner, through associate Marylou Malas, Esquire, filed a Petition to Withdraw as Counsel in the above captioned action which resulted in the entry of an Order of Court and Rule to Show Cause, a copy of said Order and Petition being attached hereto and incorporated herein by reference' as Exhibit "A." 2. The aforesaid Rule was served by certified mail, restricted delivery upon Respondent, Jerry R. Burkey, on March 4,2004. 3. The time period for filing a response has passed and no response has been filed. WHEREFORE, Petitioner requests your Honorable Court to make the Rule absolute allowing Petitioners to withdraw as counsel for Respondent" Jerry R. Burkey, in the above captioned action. IIi er G FIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 . . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to tht: penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: '1/)..=10'1 IFFIE, ESQUIRE RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JERRY R. BURl<EY, Defendant : NO. 03-3473 CIVIL TERM : IN DIVORCE ORDER OF COURT AND RULE TO SHOW CAUSE '7M"- - I AND NOW, this .e'..C day of Fe /), , 2004, upon presentation c,apd ~ /Pf OJo{ De.J + consideration of the within Petition, a Rule is hereby issued upon the sp811d8flt; Jeo,,) R. ~4.v hove Rllrlr~j', to Show Cause, if any~, as to why Petitioner, Marylou Matas, Esquire, and the law firm of Griffie & Associates should not be permitted to withdraw as counsel in the above- captioned matter. Rule retumable ) t.f I days after DeJ-I - ....R..,OI'UUd,,"t'at his last known address. servIce by first-class mail, postage prepaid upon By the Court, lsi,} {)r.e!JAf Ok1h Dc I (j. Cc: Marylou Matas, Esquire Petitioner/Attorney for Defendant Jerry R. Burkey Respondent Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 'f'RUE COpy FROM RlaiOO~e ll~ T~~II!I(l/!)/ \Il1il,)jf;>JI. ! IfOft) \!rrm ilI'lt my iill"\ti 2. (~. u" "" ,I "'" C,," ~~. ' ~~ ,??~t.~,~l{, ." - 1ImtNII1IUIf ixhlbi} qAtl RHONDA 1. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA () ...., (- g z: .J.- c, ..." ..I 0.:> v. CIVIL ACTION - LAW JERRY R. BURKEY, Defendant NO. 03-3473 CIVIL TERM IN DIVORCE PETITION TO WITHDRAW AS COUNSEL (...) (::': 2~ -.j -< N '-" co AND NOW, comes Petitioner, Marylou Matas, Esquire,. and the law firm of Griffie & Associates and petitions the Court as follows: I. Your Petitioner is counsel of record in the above-captioned action for Defendant, Jerry R. Burkey. 2. Your Respondent is Jerry R. Burkey, an adult individual cUlTently residing at 3603 Kent Drive, Mechanicsburg, Cumberland County, Permsylvania. 3. The above-named Plaintiff, Rhonda J. Burkey, is represented by Barbara Sumple- Sullivan, Esquire. 4. Respondent has been advised that an additional retainer is needed in order for Petitioner to continue to properly represent Respondent's interests in these proceedings. 5. Respondent has advised Petitioner that he is not able to make additional payments or provide the requested retainer. 6. Respondent has requested tllat Petitioner withdraw as his counsel and has refused to authorize Petitioner to respond to any additional items that may be received concerning his case. --' o -n ---I ::r"T1 nlp \11TI -'ly or) i~ -< :::~ 7. Petitioner is unable to take any additional action to proceed on behalf of the Respondent due to his failure to provide the necessary authorization to do so and the required retainer to Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter a Rule upon the Respondent, Jerry R. Burkey, to Show Cause, if any he has, as to why Petitioner should not be permitted to withdraw as counsel in the above-captioned matter. Respectfully submitted, Date -'""vll # I {VU Mary - VERIFICATION ] verify that the statements made in the foregoing dOGument 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 unswom falsifications to authorities. DATE: Z-/I/./ /64 (") C -rJ~ r,.,tu _!)C','! .L.._ .J.. ':::::'1--- Cr)',i'''- -<,::',::- C?t".J ~t> '70 "~C 5> (.2 ~ ..... = = ..... :0- V :;:0 N -.I ~ :r::n ~~ ~:B z:~ ~ ?i5 -< -0 :x ~ c.n -.I RHONDA J. BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA o v. : CIVIL ACTION - LAW APR 2 8 2004 ~ JERRY R. BURKEY, Defendant : NO. 03-3473 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW this <.olt day of ~, 2004, upon presentation and consideration of the within Petition to Make Rule Absolute, and the Rule previously issued upon Respondent, Jerry R. Burkey, it is hereby by ABSOLUTE. Marylou Matas, Esquire and the law firm of Griffie and Associates is permitted to withdraw as coumsel for the Respondent, Jerry R. Burkey, in the above captioned action. BY THE COURT, Cc: Griffie & Associates, Petitioner . Jerry R. Burkey, Defendant/Respondent ~~ ~ s: 03 .0<( Barbara Sumple-Sullivan, Esquire, Attorney for Plaintiff ~ . ViNV/\lASi\!N:Jd JJ.Nnu-1 (',i;',~\r~f,1~lp:hf,"'" I _ "' .. "" ".....".. It.) 90:8 Hd 8-^VW~OOZ Atf\ilONOHlOod 3Hl :10 3~i:J:Io-G311:l In the Court of Common Pleas of CUMBERLAND County, Pennsylvania RHONDA J. BURKEY, Plaintiff : Docket Number 03-3473 CIVIL v. : PACSES Case Number 525105750 JERRY R. BURKEY, Defendant : Other State ID Number PRAECIPE TO THE PROTHONOTARY: Pursuant to the Court's Order of April 27, 2004, pl,ease withdraw the appearance of Marylou Matas, Esquire, and the law firm of Griffie & Associates that was entered in the above captioned matter on behalf of the Defendant, Jerry R. Burkey. Respectfully submitted, Date: f1}/J"'1 I ffi :, Esquire FF AS OCIA TES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 q c ~ ~~_: (?~ r::: C~, ~:'~~~;: ~ :;;g = .s:- ~ ~~ -<: Q. -I :I:, ::n "Fn :gy 00 ,C~_r. "T-.." ~~o "'--rn ~ ~ I ..,- -0 =::: '-i! C) RHONDA J. BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JERRY R. BURKEY, Defendant : NO. 03-3473 CIVIL TERM : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Pursuant to the Court's Order of April 30, 2004, p\tease withdraw the appearance of Marylou Matas, Esquire, and the law firm of Griffie & Associates that was entered in the above captioned matter on behalf of the Defendant, Jerry R. Burkey. Respectfully submitted, ."..-) Date: )/ !, ( (J Lf I I Iffit" Esquire & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 (") C" ;::~: "" = = ..c- ::>i: :> --< I -.I o --n --I :I l' rl1-~ r -om :00- ~(J I:.j C)-L1 ..::--...(") 6rn ~:-'l :f) -< ;~ Ul -..I RHONDA J. BURKEY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlJl"lTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE JERRY R. BURKEY, Defendant/Respondent NO. 2003-3473 CIVIL TERM IN DIVORCE Pacses# 525105750 ORDER OF COURT AND NOW, this 23\"d day of June, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $578.36 and Respondent's monthly net income/earning capacity is $1,080.64, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $57.67 per month payable monthly as follows; $36.00 for alimony pendente lite and $21.67 on arrears. First payment due next pay da.te. Arrears set at $125.10 as of June 23, 2004. The effective date of the order is May 18, 2004. Failure to make each payment on time and in full will cause all aTTi~ars to become subject to immediate collection by all ofthe means as provided by 23 Pa.C.S.9 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 P A SCDU to: Rhonda J. Burkey. Payments must be made by check or money order. All checks and money orders must be mad,e payable to P A SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's P ACSES Member Number 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 0% by the 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 (30) days after the entry of this order, the Respondent shall submit 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 address 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 tht: benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; 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. 1. Shadday M ailed copies on 6-26-04 to: < BY THE COURT, Petitioner Respondent B. Surnple-Sullivan, Esquire J. o&~,~4 J. cn CJ1 --< S IE~ if f. I'f*~ " "', C,-J (";-~ .SO- , ,~ --) -,-, ----r ~ f"j'l::-r:+ r- ;g[=~ -:::,) i... -_:;c) r~ :G' (~,) C) -,-J --;.- ,,) ,"r'1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: JERRY R. BURKEY Member ID Number: 3030101176 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name RHONDA J. BURKEY RHONDA J. BURKEY P ACSES Case Number 525105750 891105547 Docket Number 03-3473 CIVIL 00508 S 2003 Attachment AmountlFreauencv $ I $ $ I $ 57.67/M011T11 493.67 !.MONTH I I I % I I I TOTAL ATTACHMENT AMOUNT: $ 551.34 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA). is hereby directed to attach the lesser of $127.23 per week, or 55.0 %. of the Unemployment Compensation benefits otherwise payable to the Defendant, JERRY R. BURKEY Social Security Number 523-45-2500, Member ID Number 3030101176 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.c. ~ 1673(b)(2) and 23 Pa. C.S. ~ 4348(g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JUNE 1, 2003 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to ~oe Domestic Relations Section of this Court. BY THE COURT Date of Order: . JUN 2 4 200~ /~~ '--,.- CJ. 1?S L b/ /. JUDGE Form EN-034 Worker ID $IATT Service Type M ~~@i~~!f'~ ~,' -,_. "'.- - . . , ~~. -... w <e:::;, ':;) cq (J-; '" = CO;:;:, .".. o "q --/ if,. "1:-':' -n-;-; -_:-'C~ '~}~~) '- --~ tori ORDER/NOTICE TO WITHHOLD INCOME FOil SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/23/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice AMERIHEALTH CASUALTY SERVICES 2505 N FRONT ST HARRISBURG PA 17110-1147 'Nl ?003- 3'17~ ('/I !lJ(!sZ") ~:'5/co'7S7) RE: BURKEY, JERRY R. Employee/Obligor's Name (last, First, MI) 523-45-2500 Employee/Obligor's Social Security Number 3030101176 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Employer!Withholder's Federal EIN Number ~E ~~/ :;~~;u,todlal Parent', Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 418.00 per month in current support $ 108.34 per month in past-due support Arrears 12 weeks or greater? <Xlyes 0 no $ 0.00 per month in medical support $ 25.00 per month for genetic test costs $ per month in other (specify) for a total of $ 551.34 per month to be forwarded to payee below,. You do not have to vary your pay cycle to be in compliance with the SUppOlt order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 127.23 per weekly pay period. $ 254.46 per biweekly pay period (every two weeks). $ 275.67 per semimonthly pay period (twice a month). $ 551.34 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877,676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, 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. . .,.,. .....,:;J f""'\'" JUN 2 4 ~""{;c1tt<rW'H' C~~~'~.fq,( 7U6Ld; Form E N-028 Worker 10 $OINC Date of Order: Service Type M OMB No.: 0970-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If >:hecked you are required to provide a Copy of this form to your ~mployee. If your employee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognjzed Indian tribes, tribally-owned businesses, and lndian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4. * Repoltillg tile F'bydbl,efDate of'vVitl,l,old;llg. YOu must lepolt tLc pbydbLe'date of Hitl,I,old;l,g nl,~11 sehdillg tLe pay I 1I(1I1. TLe paydate{da1-e of yy;lllholding is tile date 011 HL;eL anlount Has vvitl,I,!ld flam tile enlploy\~e's nages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor ali 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 ali 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: 8659100196 EMPLOYEE'S/OBlIGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: BURKEY. JERRY R. 3030101176 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissionsl or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10. * Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)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. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at !Z1.Zl..240-6248 or by internet www.child5upport.state.pa.us Page 2 of 2 Form EN-028 Worker 10 $OINC Service Type M OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BURKEY, JERRY R. PACSES Case Number 525105750 Plaintiff Name RHONDA J. BURKEY Docket Attachment Amount 03-3473 CIVIL$ 57.67 Child(ren)'s Name(s): DOB PACSES Case Number 891105547 Plaintiff Name RHONDA J. BURKEY Docket Attachment Amount 00508 S 2003 $ 493.67 Child(ren)'s Name(s): BRIANNA MARIE BURKEY KYlJIiiJ"EAN StlRKEY DOB OS/29/97 01/19/99 If you are required to enroll the child(ren) above in any health insurance coverage available through the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name If you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Nam'~ Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form EN,028 Worker ID $OINC Service Type M OMS No.: 0970-01 54 ~~lj'a;~~ t,-) ......, 1:..-=-;> Co::;. .c- l~ .] ---I All II ';''--"' .,.,j-n -.-iy , ) ~~:l t-=' ;:;!~ "'.~ iTi c, a j:! t",,) en Ul <~! :..:J -< ORDER/NOTICE TO WITHHOLD INCOME FOIt SUPPORT State Commonwealth of Pennsvlvania Co./Cily/Dist. of CUMBERLAND Date of Order/Notice 06/23/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice A C MOORE INC' 500 UNIVERSITY CT BLACKWOOD NJ 08012-3230 (J/ ;<'oC3 - :317 3 ('1/ pf){'c;'Zc, 67P'T ID5757) )II 5"0~ s ~3 fJ/Jt!QS gCJI1655V7 RE: BURKEY, JERRY R. Employee/Obligor's Name (last, First, MI) 523-45-2500 Employee/Obligor's Social Security Number 3030101176 Employee/Obligor's Case Identifier (See Adthndum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, MI) Employer!\Vithholder's Federal EIN Number See Addendum for dependent names and birth dates associatl!d with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slob/igor's income until further notice even if the Order/Notice is not issued by your State. $ 418.00 per month in current support $ 108.34 per month in past-due support Arrears 12 weeks or greater? (Xlyes 0 no $ 0.00 per month in medical support $ 25 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 551. 34 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: $ 127.23 per weekly pay period. $ 254.46 per biweekly pay period (every two weeks). $ 275.67 per semimonthly pay period (twice a month). $ 551.34 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'sI obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, HarrisbUlrg, 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 Id8lltiIHJr~QR,,$QC/AlSECURITY NUMBER IN ORDER TO BE PROCESSED. DDNO"END ~;.::~ t~;tJt~:;HH~U7~ e~~ ;j~ Date of Order: t/V ~~ 0, E,t.1'\/{X o;;e 'i:Jt::,(: Form EN-028 Service Type M OMBNo.:097Cl-0154 Worker 10 $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If ~hecked you are required to provide a copy of this form to your employee. If yoUr employee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* Repo,l;"g tLe r'aydatelDhoc of'lJithl,oldihg. yo.... IIlust lepolt tl.( (Jdydate/date of nitl,l,old;lIg nl.ell selldl,tg tl.( pdyn,ellt. Tile paydateldate af n;lLLalding is tile dale a.. nl,ich alllouht neB nitl,l,eld flalll tile (1IIpI6yee'S nages. You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Fed"ral or State withholding limits, you must follow the law of the state of employee'slobligor'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 th" 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: 2225461110 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: BURKEY, JERRY R. 3030101176 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania 5tate 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 115 U.5.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 taxesi Social Security taxesi and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at LZ1Zl...?40-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT OMS No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BURKEY, JERRY R. PACSES Case Number 525105750 Plaintiff Name RHONDA J. BURKEY Docket Attachment Amount 03=-3473 CIVIL $ 57.67 Child!ren)'s Name!s): DOB PACSES Case Number 891105547 Plaintiff Name RHONDA J. BURKEY Docket Attachment Amount 00508 S 2003 $ 493.67 Child(ren)'s "ame(s): BRIANNA Ml\.RIE BURKEY !tYLAJEA:!l'.BURl<EY DOB OS/29/97 01/19/99 you are required to enroll the child(ren) in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child!ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Nam'~ Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. If you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Naml~ Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form E N,028 Worker ID $IATT Service Type M OMBNo.:0970-0154 ::~D~ r-'~ '"-> C~) ,=-:'-") J:"' ( c';~: o -n --I fFi:n .. ...-,r'" ~CiQ , ' c!;~j 'f"r\ .) ~~.:\ ~..,~ Co,) C) [""" (,z.., (.n ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/08/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice (8) Terminate Order/Notice uJ :21JO?,3\i'T', [ltt?IL .un, ./ -' ,JJI(fCP; :J~).."r/ O!i'7 L,"() RE, BURKEY, JERRY R. Employee/Obligor's Name (Last, First, MJ) 523-45-2500 Employee/Obligor's Social Security Number 3030101176 Employee/Obligor's Case Identifjer (See Adc/@ndum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) EmployerJWithholder's Federal EIN Number AMERIHEALTH CASUALTY SERVICES 2505 N FRONT ST HARRISBURG PA 17110-1147 See Addendum for dependent names and birth dates associatet.f 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. $ 0.00 per month in current support $ 0 . 00 per month in past-due support Arrears 12 weeks or greater? 0 yes G9 no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0 .00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing th" work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's! obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877,676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME ANiD 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. ", q "" ..- ..- :r~Y THE COURT: 4" 7- /)'O'L <;'LeV o,~ ::TVLJthE" Form E N-028 OMB No.: 097Q-0154 Worker 10 $OINC JUL - 8 200~ Date of Order: Service Type M ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to prpvide a ~opy of this form to your employee. If your employee works in a state that is difterenffrom the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4.* ;~g~,: i~;~~~~ ofWitl,l,oldi"g. Yo~ '0u3~ :c~~':~;~~'c:,:;;;:~ ~~~it~~,(jld;"g "I,e" ,~"di"g t\.< fl"",."t. T\.< p" t ,'1I,', . t~" d.t" 0" ,,\.id, .",v""t "as "itl,I,.ld r,o" , th. .",plo,ce', ".g<,. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #1 0 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the infonnation requested and retum a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 8659100196 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: BURKEY. JERRY R. 3030101176 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law govems unless the obligor is employed in another State, in which case the law of the State in which he or she is employed govems. 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 i5 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. If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (7171 240-6225 or by FAX at Q171 240-6248 or by internet www.childsupport.state.pa.us Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Page 2 of 2 Form EN-028 Worker ID $OINe Service Type M OMB No.: 097O-Q154 o s }}2? ..:-::.;,:- ~)~. r-:; ~-" "~'~ .'::1: nneci r-> = = .::- '- c:: I - .c=- -0 :::.: =2 .~ (:-~ o -n .... ::C-r. Plp -or0 -"9 ot'.) ::yl~ t:--S--- ~7M (;,'?l .r=- o .;C.'j ~ Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RHONDA J. BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law JERRY R. BURKEY, Defendant : NO. 03-3473 : PACSES Case Number 525105750 PETITION FOR MODIFICATION OF ALIMONY PENDENTE LITE 1. Petitioner is RHONDA J. BURKEY residing at 644 Copper Circle, Lewisberry, York County, Pennsylvania 17070. 2. Respondent is JERRY R. BURKEY residing a.t 2406 New York Avenue, Apt. 2, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Petitioner filed a Petition for Alimony Pendente Lite on August 19, 2003. 4. By Order dated November 26, 2003, the Order for Alimony Pendente Lite was suspended as nonwarranted due to Respondent's change in e:mployment resulting from an alleged injury and receipt of Worker's Compensation. 5. Respondent has returned to work, secured employment, has an earning capacity which would provide for the payment to Petitioner of Alimony Pendente Lite. 6, Petitioner requests a modification ofthe Alimony Pendente Lite Order. WHEREFORE, Petitioner requests the Court to enter am Order modifying the Alimony Pendente Lite Order, DATE: August 16, 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge: Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law JERRYR. BURKEY, Defendant : NO, 03-3473 : PACSES Case Number 525105750 VERIFICATION I, RHONDA J. BURKEY, hereby certify that the facts set forth in the foregoing PETITION FOR MODIFICATION OF ALIMONY PENDENTE LITE ORDER are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.SA 34904 relating to unsworn falsification to authorities. DATED: ~o;- 1& JCMlf RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law JERRY R. BURKEY, Defendant : NO. 03-3473 : P ACSES Case Number: 525105750 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION FOR MODIFICATION OF ALIMONY PENDENTE LITE in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Mr. Jerry R. Burkey 3603 Kent Drive Mechanicsburg, PA 17050 DATED: August 16, 2004 ~- /Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumb,erland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 / C) ,,~ \,,~ ~.7"> C) c. 1;::::;1 -11 -". .<.- 0 I~' ).1fOo .-1 R'C -8 , c:': G') -< C"\ S -\1 -T- , . .......... :'j Ul 0 -:", U'i '0 0 RHONDA J. BURKEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION JERRY R. BURKEY, Defendant PACSES NO. 89'1105547 DOCKET NO. 5013 SUPPORT 2003 RHONDA J. BURKEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION JERRY R. BURKEY, Defendanl PACSES NO. 52Ei105750 DOCKET NO. 03-3473 CIVIL INTERIM ORDER OF COURT AND NOW, this, n=aay of August, 2004, upon consideration of lhe Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay 10 the Pennsylvania Slate Collection and Disbursement Unit as support for his children, Brianna M. Burkey, born May 29,1997, and Kyla J. Burkey, born January 19,1999, lhe sum of $382.00 per month. B. The Defendant shall pay the additional sum of $86.67 per month on arrearages until paid in full. C. The Defendant shall pay 56% of the unreimbursed medical expenses incurred by said children as that term is defined in Pa. R.C.P. 1910.16-6(c). D. The effective date of this order is May 25, 2004, E. The Plaintiff's petition to modify the Defendant's alimony pendente lite order is denied. F. The interim order entered to 03-3473 Civil obligating the Defendanl to pay alimony pendente lite is vacated. G. The Defendant shall be entitled to claim his older child, Brianna, as a dependency exemption for federal income tax purposes commencing with tax year 2004. The Plaintiff shall execute and deliver to lhe Defendant any and all documentation required by the Internal Revenue Service to effectuate said exemption. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendalion within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 191 0.12(f), Pa. R.C.P. If written exceptions are filed by any party, lhe other palrty may file exceptions within ten (10) days of the date of service of the original exceplions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court, Cc: Rhonda J. Burkey Jerry R. Burkey Barbara Sumple-Sullivan, Esquire For the Plaintiff ORO RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JERRY R. BURKEY, Defendant PACSES NO. 891105547 DOCKET NO. 508 SUPPORT 2003 RHONDA J. BURKEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION JERRY R. BURKEY, Defendant PACSES NO. 52e,105750 DOCKET NO. 03-3473 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on August 16, 2004 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Rhonda J. Burkey, who resides at 644 Copper Circle, Lewisberry, Pennsylvania. 2. The Defendant is Jerry R. Burkey, who resides at 2406 New York Avenue, Apartment 2, Camp Hill, Pennsylvania. 3. The parties are husband and wife bul are currently separated and in the process of divorce. 4. The parties are the parenls of two minor children, Brianna M. Burkey, born May 29, 1997, and Kyla J. Burkey, born January 19, 1999. 5. On November 26, 2003 an order was entered setting the Defendant's child support obligalion at $104.00 per month. 6. At the lime said order was entered the Defendant was receiving worker's compensation benefits. 7. On November 26, 2003 an order was entered slUspending the Defendant's obligation to pay alimony pendente lite. EXHIBIT !IA." 8. On May 25, 2004 the Plaintiff filed a petition for modification of a child support order. 9. On August 16, 2004 the Plaintiff filed a petition for modification of lhe APL order. 10. The Defendanl was employed as a resident assistant at Bridges at Benl Creek in the fall of 2003 earnings $8.50 per hour working 30 to 40 hours per week. 11. The Defendant sustained a work-relaled injury to his knee and began receiving worker's compensation benefits. 12. The Defendant was released to work by his doctor in mid-March, 2004. 13. The Defendant was terminated by his employer at the end of March. 14. The Defendant obtained employment in mid-May, 2004 at A.C. Moore, Inc. where he earned $8.00 per hour for a 37.5 hour work week. 15. The Defendant voluntarily quit this employment on or about August 12, 2004. 16. The Defendant filed his 2003 federal tax return as married/separate. 17. The Plaintiff resides with lhe children in her parents' home. 18. The Plaintiff works evenings as a waitress/bartender at a local restaurant. 19. The Plaintiff has earned $4,851.00, including wages and tips, through August 6,2004. 20. The Plaintiff's parents provide childcare for the children at no cost to her on the evenings she works. 21. Both of the Plaintiff's parents are employed during the day, and neither is available to provide childcare. 22. The parties' younger child will begin morning kindergarten in the 2004-2005 school year. 23. The Plaintiff has limited her employment to part-time since the birth of the children. 24. The Plaintiff filed her federal tax return as head of household for tax year 2003 and claimed both children as dependency exemptions. 2 DISCUSSION A party seeking to modify a support order has the burden of demonstrating thai a material and substanlial change of circumstances has occurred since the entry of the support order to justify a modification. Colonna v. Colonna, 788 A.2d. 430 (Pa. Super. 2001). The Defendant's support obligation in November, 2003 was based upon his receiving worker's compensation benefits. He obtained gainful employment in May, 2004 with weekly wages of $300.00. This is a change of circumstances sufficient to juslify a modificalion in the order. The Plaintiff has been employed part-time since the birth of her children. A parent who remains at home to care for his or her young children is excused from the requirement of working to his or her full earning capacily by the "nurturing parent doctrine." Hesidenz v. Carbin, 512 A.2d. 707 (Pa. Super. 1986). The parties' younger child will begin half-day kindergarten in the fall of 2004. The Plaintiff desires to remain al home with the child in the afternoon and to work evenings when her parents are available to provide childcare for both children at no monetary cost 10 the Plaintiff. The Plaintiff's actual earnings will be utilized 10 compute the Defendant's support obligation. The Plaintiff has earned $4,851.00 through AU[jusl 6, 2004. This equales to an average gross monthly income of $657.00. Filing a federal tax return as head of household and claiming one of the children as a dependency exemption,1 the Plaintiff has net monthly income of $863.002 The Defendanl has gross weekly wages of $300.00 based upon working 37.5 hours per week at an hourly rate of $8.00.3 This equates to a gross monthly income of $1,300.00. Filing his federal tax return as married/separate and claiming one of his children as a dependency exemption, he has net monthly income of $1,109.00.4 With combined net monthly income of $1,971.00, the basic support requirement for two children is $684.005 The Defendant's proportionate share of that amount is $385.00B This is only a nominal differE,nce from the amount of $382.00 established by the conference officer in the Interim Order of June 23, 2004. J The trier of fact may award the dependency exemption for a child to the non-custodial parent when doing so is in the best interest of the child. Piso v. Piso. 761 A.2d. 1215 (Pa. Super. 2000), With the Plaintiffs limited income she does not benefit financially from claiming both children. ALlowing the Defendant to claim one of the two children provides him with additional net monthly income with which to support the children. ~ The Plaintiff qualifies for the earned income credit which results in a net monthly income in excess of her gross. See Exhibit "A." The Plaintiff also qualifies for state income tax forgiveness. See Plaintiff's Exhibit 2. , Although the Defendant had earned $8.50 per hour at his prior employment. he worked 30 to 40 hours per week. At an average of35 hours the Defendant would have earned $297.50 per week. This is a nominal difference from his current earnings. 4 See Exhibit "B" for the deductions from gross income. 'See Pa, R.C.P. ]910.16.3. (, See Exhibit "8" for the guideline calculation. 3 As such, the Defendant's support obligation as set forth in the Interim Order will not be disturbed. The Defendant has voluntarily quit his employment within the past week. A party who voluntarily quits employment is not enlitled to a reduction of his or her support obligation? The order will continue to charge at the rate of $382.00 per month. Because the Plaintiff's net monthly income exceeds the difference between the Defendant's net monthly income and his child support obligation, no financial obligation 10 pay alimony pendente lite presently exists. The Plainliff's request for modification of lhe APL order will be denied. RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, IBrianna M. Burkey, born May 29. 1997, and Kyla J. Burkey, born JanualJ' 19, 1999, the sum of $382.00 per month. B. The Defendant shall pay the addilional sum of $86.67 per month on arrearages until paid in full. C. The Defendant shall pay 56% of the unreimbursed medical expenses incurred by said children as that term is defined in Pa. F<:.C.P. 191 0.16-6(c). D. The effective date of lhis order is May 25, 2004. E. The Plaintiff's petition to modify the Defendant's alimony pendente lite order is denied. F. The interim order entered to 03-3473 Civil obligating the Defendant to pay alimony pendente lite is vacated. G. The Defendant shall be entitled to claim his old,er child, Brianna, as a dependency exemption for federal income tax purposes commencing with tax year 2004. The Plaintiff shall execute and deliver to the Defendant any and all documentation required by the Internal Revenue Service to effectuate said exemption. ~..~t- \ 1 \ 200l( Dale D ~.~j) 0\L~ Michael R. Rundle Support Master 7 See Pa. R,C.P. 1910.16-2(d)(1). 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State 10 Number: Tax Year: Rhonda J. Burkey Jerry R. Burkey 508 S 2003 891105547 .....i....i.oeteiid$ritii....... ...........iPUUritlff................. 1. Fling Status Single 2. Who Claims the Exem tions 3. Number of Exemptions 4. Monthl Taxable Income 5. Deductions Method 2 6. Deduction Amount 7. Exem tion Amount 8. Income MINUS Deductions and Exem tions 9. Tax on Income 10. Child Tax Credit 11. Manual Ad'ustments to Taxes 12. Federal Income Taxes 12 a. Earned Income Credit 13. State Income Taxes 14. FICA Pa ments 15. City Where Taxes Apply 16. Local Income Taxes $13.00 $6.57 -$205.67 TOTAL Taxes $191.45 Support Calc 2004 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Defendant Name: Jerry R. Burkey Plaintiff Name: Rhonda J. Burkey 1. Number of De endents in this Case 2. Total Gross Monthl Income 3. Less Monthl Deductions 4. Monthly Net Income Line 2 minus Line 3 5. Combined Total Monthly Net Income Amounts on Line 4 Combined 6. Plus Child's Monthl Soc. Sec. Retirement or Disabili Derivative Benefit. 7. Ad'usted Combined Total Monthl Net Income 8. PRELIMINARY Child Su ort Obli ation based on Ad usted Income Line 7 9. Less Child's Monthly Social Security Retirement or Disability Derlvatiive Benefit Line 6 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Su rt Schedule 11. Net Income as a Percenta e of Combined Amount 12. Each Parent's Monthl Share of the Child Su rt Obli ation 13. Adjustment for Shared Custody Rule 1910.16-4 (c) (# of Overnights: Docket Number: PACSES Case Number: Other Cas:e ID Number: ...Oefetia8nt.... $1 300.00 $191.45 $1,108.55 "".'nF.'I.......iliiF'.'.'..... '."<,,'!'7dl. ~..~.....""...,.'.... 2 $656.91 -$205.67 $862.58 $1,971.13 $684.00 56.24 $384.68 $384.68 Date: $384.68 8/16/2004 51. PACSES Multi Ie Famil Ad'ustment 52. 5 ousal Su ort Award 53. Adjustment for Excess Mortgage Payments (If Applicable) 54. Custodial Parent Spousal Support Obligation (if Applicable) (-) 55. Adjusted Support Obligation Line 16 (or SI, if applicable) plus Line S2 and S3 minus S4 (if applicable) TAX INFORMATION Tax Method Filin Status 56. Defendant 1040 ES Married Filin Se aratel 57. Plaintiff Circular E Sin Ie 58. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: $384.68 $88.53 Exem tions 2 2 Monthly: Weekly: 59. Justification for Deviatina from Guidelines Calculation and/or Other Case Comments: Support Calc 2004 EXHIBIT liB" ~", '.' ,C,"': ," , ,",0 C,,') <':,,-:;:> ...Ii;:,- :I~.',ioo c,:--- (:) yO) -I::', n c> C' ~,/ ,j '.... :r:....' 1'11_1 ('" i71 l? () J~ (,'~) J'" .. Barbara Sump1e,Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RHONDA l BURKEY, Plaintiff v, JERRY R. BURKEY, Defendant TO THE PROTHONOTARY: PLEASE WITHDRAW o : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3473 CIVIL ACTION - LAW IN DIVORCE PRAECIPE (1) Plaintiff's equitable distribution claim pursuant to 93502 of the divorce code; and (2) Plaintiff's Support, Alimony Pendente Lite and Alimony claim pursuant to 93701 and 93702 DATE: MarchU, 2005 , I ( Bar ara umple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Plaintiff ,,' !,-,"1 r:~.~'J C.::' (~JI ::.1'. 0- ;_~ ...,.... 1''';. \.0 i-' ~ ( , f',) j'" i'-,) CO ., r"-' - . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RHONDA J. BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-3473 JERRY R BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy ofthe foregoing Plaintiffs Praecipe to Withdraw, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Jeny R. Burkey 406 New York Ave. Apt. #2 Camp Hill, PA 17011 DATED: March l..i2005 /' arbara u p e-Sullivan, Esquire 549 Bridge Streel New Cumberland, PA 17070 (717) 774-1445 Supreme Court ID. No. 32317 Attorney for Plaintiff (-) ~:~" c) t: ~ ~"~ ~";= \:..;,:.::l -<""I ~, t> ~'". :::~ :;.u f',) cD i"f , r':J ~, "",) ."< OJ RHONDA J. BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 03-3473 JERRY R. BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 of the Divorce Code was filed on July 22,2003, 2, The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct I understand that false statements are made subject to the penalties of 18 Pa. CS.A. Section 4904 relating to unsworn falsification to authorities, DATE: O'3f...gllog- /t /1 RHONDA f. t--,~ 1::":.:-.... ,;:-:> c.n ,.."" ::'h ~~ :;',;lv ";;7.:,) ", w --I :-\~ :"11 -.,...1 _Co'. f"...,) r"..' CO ":< . ... . " RHONDA J BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3473 JERRY R. BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 of the Divorce Code was filed on July 22, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. DATE: 3/;?1o~ I I ~~~::~7 , r... c.'.c-" "-' c.r' " C_. :~~ ?':0 ~- 1') ..;:. -" :1-- 1" .- i"") co .. ~ COMMONWEALTH OF PENNSYLVANIA ) ) SS, COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JERRY R. BURKEY, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and belief Affirmed and subscribed to before me this d:Z\'-~ day of _lV~QY<1k.- ,2005. '] /~ ~ ,7 _____~ ' ~ Na-- . AR C NOTARIAL SEAL C . '. CHANDRA l. fARNER, NOTARY PUBLIC My ,ommlSSlon ExpIres. CITY Of HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES fEB, 12 2006 (SEAL) C) .....' i-', c.;.;.) ", c,:J -"'-1 < <J' __.J, , ;:;:. -;.:::--' j',\ i :;;;J -,--, -r' ".' oJ:) ) , , -n , P':J . " .' ~~-\ ~<., ;..< "~( C;~ RHONDA J BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3473 JERRY R. BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa,C.S. 94904 relating to unsworn falsification to authorities DATE: 03(0(110.) /' / / /' / ,.., ,;:::,:1 (-~.:~~ .J\ ?:. ?J (:"'1 -.. '..:r-' r-~j \.D --u --/ t;:) 1") C!) t- , RHONDA J BURKEY, Plaintiff IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 03-3473 JERRY R. BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities, DATE: 3//7 /05 I / ~~. ,<-~~ JERRY R. RKEY // ./ /-" ", '.~. ::. ~~ c:::> , "''' "';'... or --". r-l', ;:-J N ,.. W "'0 ....) !'-' ,. , 00 .< ... . COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JERRY R. BURKEY, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE are true and correct to the best of his knowledge, information and belief 1/3 r~ Affirmed and subscribed to before me this d.. day Of~, 2005. /)~ C' /~~ . '/!f'.---J NOTARY C M C .. E . IAl SEAL Y ommlSSlOn xplres: CHANDRA l. FARNER, NOTARY PU~Lit CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES FEB. 12 2006 (SEAL) () ....' c:~ ~:- r::') n c." '"'1:. , ::t:. ,-I -T' :-;::..."" ;--11 , -;..:.) ....., U) . ;:. r..,) r"-.J ..0 . d Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 RHONDA J BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 03-3473 JERRY R BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE 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 1}3301(c) ofthe Divorce Code, 2, Date and manner of service of the complaint: Acceptance of Service dated July 25, 2003. 3. Date of execution of the Affidavit of Consent required by 1} 3301(c) ofthe Divorce Code: by Plaintiff: March 21, 2005; by Defendant: March 17,2005. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in 1}3301(c) Divorce was March 29, 2005. Date Defendant's Waiver of Notice in 1}330I Prothonotary: March 29, 2005. / I1ed with Prothonotary: Divorce was filed with Dated: March 1f, 2005 / ( Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff r-" ~:: c~;:l' co .~ ::t~ ,;...:,.. -:;-.5 r..~., ,J) -' .j .:,;.> t',) .''-' i"',~ ...... _c ,,p .. ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 77 4-1445 RHONDA J BURKEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, NO. 03-3473 JERRY R BURKEY, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Jerry R, Burkey 406 New York Ave, Apt. #2 Camp Hill, PA 17011 z,.r DATED: March _, 2005 (~ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD No. 32317 Attorney for Plaintiff r-""> l-'i (r.'_' ---.i ~}\ ;;c r-::' ....D -'~ - - ' -.1 r:-? f....:- \...~:-> - .' . :+;~~Ofil' ,., "':t:"":t.,+ of. '+::+' + 'f.+ 'f.:+:+ + . :+; ;+; :t::+ :+:+:+:+'f;:+ ... . :+ 't' :+ :+:+ '" * <f . . . IN THE COURT OF COMMON PLEAS . OFCUMBERLANDCOUNTY . . PENNA, . . . . STATE OF . . RHONDA J. BURKEY, Plaintiff No, 03-3473 . . . . . VERSUS JERRY R. BURKEY, . . . . . . . . Defendant . . . . . + . . + . <- . . . + . + + . + . + + + + . + . + . . . . . . . . + + + . + + . DECREE IN DIVORCE Af~'\' '7 2005 , IT IS ORDERED AND AND NOW, RHONDA J. BURKEY , PLAINTIFF, DECREED THAT JERRY R. BURKEY , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. + . . + BYTHE COU"T, ~ Ii ~ (10 ~ C~) .nOST ~ j!tut-, , ,- -PHOTHO'O'^,' + . + + . . + . . . + + + + . . .. + :t: ~:+ +. +: :+:+ 'f '+ 'to '+ +:+'+:+'+':+:+ :t.+:+:+ '+ :+ +. :+:+:+ .. +.:+'+:+::+:+:+:+:+:+:+ +:++++'++:++ H+ . . + + . . + . . . . . . + . . + . . + . + . . . . . . + . . . . . + . . . . + . . . + . + . . + . + + + + . . . + . . . . . . . . . . . . + . + + . . . . . + J, . . . + . . . . . + . + . . .+ - t:f3([ Of-- 'P~7 )~J...(..I ~,/t-o(Y I'7;rl17TZJ-'3JdU /1f'tJ ~ nn:;w I,~J() ''F3J solll/IY . '.