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HomeMy WebLinkAbout07-7226D Pamela L. Purdy Attorney ID No. 85783 308 N. Second Street, Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile pipurdy@verizon.net Attorney for Plaintiff DAWN SMEIGH, WILLIAM SMEIGH, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07_ 7aa? Ow I, 1 Tern. : 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 fo? m & ?- - e,.A, , - PAMELA L. PURDY ATTORNEY FOR PLAINTIFF Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff DAWN SMEIGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 09- 7,2,JG WILLIAM SMEIGH, Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNTI Divorce Under 3301(c) of the Divorce Code 1. Plaintiff is Dawn Smeigh who currently resides at 111 Lavynndon Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is William Smeigh who currently resides at 111 Lavynndon Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 17, 1999 in Kauai, Hawaii. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. WHEREFORE the Plaintiff requests this Court to enter a decree of divorce under Section 3301(c) of the Divorce Code. COUNT II Equitable Distribution 9. Plaintiff incorporates by reference paragraphs I through 8 of this Complaint. 10. Plaintiff and Defendant have acquired various items of marital property which are subject to equitable distribution by this Court under Sections 3501 and 3502 of the Divorce Code. 11. Plaintiff and Defendant have not agreed on an equitable distribution of this property. WHEREFORE, Plaintiff requests the Court to enter an order equitably dividing all of the property. COUNT III Request for Spousal Support and/or Alimony Pendente Lite and Alimonv Under Section 3701(a) and 3702 of the Divorce Code 12. Plaintiff incorporates by reference paragraphs I through 11 of this Complaint. 13. Plaintiff is unable to sustain herself during the course of litigation. 14. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Plaintiff requests this Court to enter an award of spousal support and/or alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Court to enter an award of spousal support and/or alimony pendent lite until final hearing, and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. C01 I NT IV Request for Counsel Fees, Costs and Expenses Under Sections 3104(a)(1), 3323(b), 3702, and 4351(a) of the Divorce Code 16. Plaintiff incorporates by reference paragraphs I through 15 of this Complaint. 17. Plaintiff has employed Pamela L. Purdy, Esquire, to represent her in this matrimonial cause. 18. Plaintiff is unable to pay her counsel fees, costs and expenses, and Defendant is more than able to pay them. 19. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 20. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order the Defendant to pay Plaintiff reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b), 3702, and 4351(a) of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully submitted, Pamela L. Purdy Attorney for Plaintiff Dated: ?ID VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. f 10 Dawn Smeigh Dated//g? ., - n d p O ) a 00 n 0 6 Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff DAWN SMEIGH, Plaintiff V. WILLIAM SMEIGH, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-7226 IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE CONFERENCE 1. Plaintiff is Dawn Smeigh who currently resides at 1 11 Lavynndon Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is William Smeigh who currently resides at 1 1 1 Lavynndon Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has filed a Complaint in Divorce to the above term and number. 4. Said Complaint contains a request for Alimony Pendente Lite. 5. Plaintiff respectfully requests that an Alimony Pendente Lite conference be scheduled with the Domestic Relations Section of Cumberland County, Pennsylvania. WHEREFORE Plaintiff respectfully requests that a conference for Alimony Pendente Lite be scheduled. Respectfully submitted, 910A?=-Z' Pamela L. Purdy Attorney for Plaintiff Dated: • .-,„ CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date I served the foregoing document by U.S. Mail, first class, postage prepaid, to the following: William Smeigh 111 Lavynndon Lane Mechanicsburg, PA -W" , , - Pamela L. Purdy Dated: t ? c y ? ?,? to ?; ? 1 ? c.3r ?.J Fn DAWN SMEIGH, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 505109701 ORDER OF COURT AND NOW, this 31 st day of December, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on January 22, 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 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 Return, 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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Pamela L. Purdy, Esq. J' ,q , Date of Order: December 31, 2007 R. J. Shi dday, Conference Officer 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 ?`; c.? DAWN SMEIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant/Respondent PACSES Case Number: 505109701 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 10th day of January 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on Thursday, January 24, 2008 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of January 22, 2008. YOU are further ordered to bring to the conference: (1) a true copy 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 Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) 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, Edgar B. Bayley, President Judge Date of Order: January 10, 2008 ?R. onference Officer Copies mailed to: Petitioner Respondent Pamela L. Purdy, Esq. 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 ?. ? "? O ». -? ??a i ? -? ?.?.?-rE ?.. - - ?. _ ' t'? _.;'. ?' '?: -J f-r; c.x _; .., v`, Pamela L. Purdy, Esquire Supreme Court I.D. #85783 308 N. 2°d St., Ste. 200 PO Box 1 1 544 Harrisburg, PA 17108 (717) 221-8303 pipurdy@verizon.net Attorney for Plaintiff DAWN SMEIGH, INITHE COURT OF COMMON PLEAS Plaintiff CYMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7226 CIVIL WILLIAM SMEIGH, Defendant AFFIDAVIT I hereby certify that a true and cc in the above matter was served on the I DIVORCE copy of the Complaint in Divorce ndant, William Smeigh, via personal service delivered by Jeffrey M. Boughne(on December 28, 2007. The Complaint in Divorce was received and signed for by the Defendant on December 28, 2007. An original Affidavit signed by Jeffrey M. Boughner and notarized by Mindy M. Johnston, Notary) Public, is attached hereto. Date: ?a-'-? PCAI?t e, Pa eta L. Purdy 4 11 AFFIDOI T State of Pennsylvania ) ) SS: County of Dauphin ) Before me the subscriber pe. Boughner to me known, being doth depose and say on Decel served in person to William Mechanicsburg, PA, a Notice To?Defend and Claim is and Complaint In Divorce in the matter of Dawn Smei h v. William Smeigh, Case# No. 07-7226 Court of Common Pleas Cumberland County,PA and further deponent sayeth rey M. Bou or 5235 North Fro ft Street Harrisburg, PA 17110 Sworn and subscribed before this (3),6 day of J4ft/i G 2 07 is vvrvnvivrvvvC I `1 VI- PENNSYLVANIA lly appeared Jeffrey M. sworn according to law, 28, 2007 @ 6:10 P.M. I gh at 111 Lavynndon Lane, of nal Seal Wendy M..loh ston, Notary Public Susquehanna ., Dauphin County My Commisslbn Expires Oct. 24, 2009 Member, Pennsyiva is Association of Notaries Lk, The undersigned hereby certifies t at on the 16 day of January, 2008, a true and correct copy of the foregoing document was served by U.S. Mail, First Class, Postage Prepaid, upon the following: William meigh 111 Lavynn on Lane Mechanicsburg, A 17055-8022 y: - pcvj? B e Pamela L. Purdy -2- ? ? c n M? I +r I% DAWN SMEIGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-7226 : CIVIL ACTION - LAW WILLIAM SMEIGH, Defendant : IN DIVORCE ENTRY OF APPEARANCE Please enter my appearance in the above-captioned matter on behalf of the Defendant, William Smeigh. Respectfully submitted, Dated: Z A n h A ?a--- Mark A. Mateya, Esq 're Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 ftk CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Pamela L Purdy Esquire 308 N Second Street Ste 200 Harrisburg PA 17101 IR - W?: - Mark A. Mateya, Esquir PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: ( I ? - Lo h? C::j DAWN SMEIGH, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 505109701 ORDER OF COURT AND NOW, this 14th day of March, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on April 2, 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 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 Return, 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. Copies mailed to: Petitioner Respondent Pamela L. Purdy, Esq. Mark A. Mateya, Esq. Date of Order: March 14, 2008 BY THE COURT, Edgar B. Bayley, President Judge J. S dday, on erence Officer / !J 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 o C 1 rn DAWN SMEIGH, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 505109701 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 31st day of March 2008, upon consideration of the 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 Auril 21, 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of April 2, 2008. YOU are further ordered to bring to the conference: (1) a true copy 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 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 (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Date of Order: March 31, 2008 Copies mailed to: Petitioner Respondent Pamela L. Purdy, Esq. Mark A. Mateya, Esq. BY THE COURT, Edgar B. Bayley, President Judge Z,-* t #4 4,c R. J. S dday, Conference Officer r ,(#*. 14 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 T =r -T3 DAWN SMEIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant/Respondent PACSES CASE ID: 505109701 ORDER OF COURT AND NOW, this 30th day of April 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 5,705.35 and the Respondent's monthly net income/earning capacity is $ 8,775.35, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seven Hundred Thirty Five and 00/100 Dollars ($ 735.00) per month payable bi-weekly as follows: $ 735.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is April 5, 2008. Arrears set at $ 628.27 as of April 30, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Dawn Smeigh. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The parry seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit to the other party 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 o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. THERE IS A DOWNWARD DEVIATION ON THIS ORDER PURSUANT TO THE RESPONDENT RESIDING IN THE MARITAL HOME AND MAKING PAYMENT ON THE MORTGAGE. THE HOME IS LISTED FOR SALE AND APL AMOUNT MAY BE REVIEWED FOR AN INCREASE AFTER THE SALE OF THE HOME. THE RETROACTIVE ARREARS OF $628.27 ARE TO BE PAID IN FULL WITHIN 20 DAYS FROM THIS DATE AND MADE PAYABLE TO SCDU, P.O. BOX 69110, HARRISBURG, PA 17106-9110 This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either parry files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: May 1, 2008 to: Petitioner Respondent Pamela L. Purdy, Esq. Mark A. Mateya, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT Edward E. uido, J. DRO: R.J. Shadday tr.zl ?if ?? ]HI JO .? 2007-7226 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dirt. of CUMBERLAND Date of Order/Notice 04/30/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SPRINT/NEXTEL* C/O GARNISHMENT DEPT KSOPHT0101 Z2700 RE: SMEIGH, WILLIAM O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MI) 184-46-0492 Employee/Obligor's Social Security Number 8782101922 Employee/Obligor's Case Identifier (See Addendum for plaintiff names 6391 SPRINT PKWY associated with cases on attachment) OVERLAND PARK KS 66251-6100 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 735 . oo per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.0o per month in current and past-due medical support $ 0 , 00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 735.00 per month to be forwarded to payee a ow. 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: $ 169.62 per weekly pay period. $ 339.23 per biweekly pay period (every two weeks). $ 367.50 per semimonthly pay period (twice a month). $ 735.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: MAY 0 1 2008 EDWARD E. GUIDO, JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M. OMB No.:097aor54 Worker ID $IATT 735• x 12•+ 32 X: 169.62* . ?1J ?35• x 12- + 26. 539.23* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a opy of this form to your mployee. If yo r employee works in a state that is diferent from the state that issued this order, a copy must be provieec(pto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4810772270 EMPLOYEE'S/OBLIGOR'S NAME: SMEIGH WILLIAM EMPLOYEE'S CASE IDENTIFIER: 8782101922 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. 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 (717) 240-6248 or by internet www.chiIdsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SMEIGH, WILLIAM PACSES Case Number 505109701 Plaintiff Name DAWN SMEIGH Docket Attachment Amount 2007-7226 CIV$ 735.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB El If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB El if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT I q :Z Grlj I- lk, H lulu 9H In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: WILLIAM SMEIGH Member ID Number: 8782101922 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name DAWN SMEIGH PACSES Docket Case Number Number 505109701 2007-7226 CIV Attachment Amount/Frequenc $ 735.00 MONTH TOTAL ATTACHMENT AMOUNT: $ 735.00 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 $169.15 per week, or 50 of the Unemployment Compensation benefits otherwise payable to the Defendant, WILLIAM SMEIGH Social Security Number XXX-XX- 0492 , Member ID Number 8 7 8 21019 2 2 . 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 arrearages, 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.A. § 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 MARCH 3 0, 2 0 0 8 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 the Domestic Relations Section of this Court. BY THE COURT Date of Order: MAY 0 1 2008 DRO: R.J. SHADDAY EDWARD E. GUIDO, JUDGE Form EN-530 Rev.I Service Type M Worker ID $ IATT IS :? ! - A,11W Soot d .a 1.,il .a iJ i vs. DAWN SMEIGH, WILLIAM SMEIGH, Defendant Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7226 PASCES NO. 505109701 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Dawn Smeigh, pro se, and withdraw the appearance of Pamela L. Purdy, Esquire, as counsel for the Plaintiff in the above- captioned action. Date: - ?? awn Smeig P meta L. Purdy, Esquire S P.O. Box 1 174 308 North 2"d Street, Suite 200 Camp Hill, PA 17001 P.O. Box 11544 Harrisburg, PA 17108 (717) 221-8303 Attorney I.D. #85783 7_/() O Date: S17- • . . % CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date I served the foregoing document by U.S. Mail, first class, postage prepaid, to the following: Mark Mateya, Esquire 117 Race Street P.O. Box 127 Boiling Springs, PA 17007 Pamela L. Purdy Dated: ?? 2aq ? i i_ a 1r.,i ~ 07-7226 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/03/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SPRINT/NEXTEL* C/O GARNISHMENT DEPT KSOPHT0101 Z2700 184-46-0492 Employee/Obligor's Social Security Number 8782101922 Employee/Obligor's Case Identifier (See Addendum for plaintiff names 6391 SPRINT PKWY associated with cases on attachment) OVERLAND PARK KS 66251-6100 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0. OP -per month for genetic test costs $ o . 00 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: $ o. op_ per weekly pay period. $ 0. 00 per biweekly pay period (every two weeks). $ o. op per semimonthly pay period (twice a month). $ o. o0 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COU Date of Order: JUN 0 4 2008 DRO: R.J. SHADDAY Service Type M OMB No.: 0970-0154 O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: SMEIGH, WILLIAM Employee/Obligor's Name (Last, First, MI) E. GUIDO, JUDGE Form EN-028 Rev. 1 Worker ID $ IATT 1% ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If N heckefl you are required to provide asopy of this form to poursmploYee. If yotlr employee vyorks in a state that is di Brent Trom the state thatissu this or er, a copy must be rovi edd to our emp Io ee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 4810772270 EMPLOYEE'S/OBLIGOR'S NAME:. SMEIGH, WILLIAM EMPLOYEE'S CASE IDENTIFIER. 8782101922 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11 - 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 (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT •1 f ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SMEIGH, WILLIAM PACSES Case Number 505109701 Plaintiff Name DAWN SMEIGH Docket Attachment Amount 2007-7226 cIV$ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ,:: ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT r? ? 7 I ? ??` '?`' ??? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT DAWN SMEIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-7226 CIVIL WILLIAM SMEIGH, Defendant : IN DIVORCE PRAECIPE FOR WITHDRAW AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of MARK A. MATEYA, ESQUIRE, as attorney of record for Defendant, WILLIAM SMEIGK in this matter. 6-Ox/. 2008 MARK A. MATEYA, UIRE P.O. BOX 127 BOILING SPRINGS, PA 17007 717-241-6500 SUPREME COURT I.D. NO. 78931 Please enter the appearance of NATHAN G WOLF, ESQUIRE, as attorney for the Defendant in this matter. it 2008 , ESQUIRE 10 Wers-t High Street Carlisle, PA 17013-2922 717-241-4436 SUPREME COURT ID #87380 P11%) r?Cr f . ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-7226 CIVIL State Commonwealth of Penn ylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 09/29/08 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: SMEIGH, WILLIAM EmployerMfithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 184-46-0492 Employee/Obligor's Social Security Number SPRINT/NEXTEL* 8782101922 C/O GARNISHMENT DEPT Employee/Obligor's Case Identifier KSOPHT0101 Z2700 (See Addendum for plaintiff names 6391 SPRINT PKWY associated with cases on attachment) OVERLAND PARK KS 66251-6100 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ o. oo per month in past-due medical support $ 735.00 per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 735.00 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: $ 169.62 per weekly pay period. $ 367.50 per semimonthly pay Period 339.23 (twice a month) $ per biweekly pay period (every two weeks) $ 735.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND ' ACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECUR/ MBER 1 ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. 1000' -.O*W BY THE COURT: Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT 735• x 12•+ 52•= 16 9 o 62* 735 • x 12.f i 2 6 y • ? 39. 23* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifheckefi you are required to prvide aopy of this form to your m loyee. If your employeevyorks in a state that is di erent frrom the state that issu this o er, a copy must be provic?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4810772270 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ID THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SMEIGH, WILLIAM EMPLOYEE'S CASE IDENTIFIER: 8782101922 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: 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 (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT i ? ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SMEIGH, WILLIAM PACSES Case Number 505109701 Plaintiff Name DAWN SMEIGH Docket Attachment Amount 2007-7226 CIV$ 735.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ? r - u'7 _ xx -j -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND d DAWN SMEIGH, ) Plaintiff ) NO. 2007-7 PASCES C) V. ) WILLIAM SMEIGH, ) CIVIL ACT] Defendant ) DIVORCE / , PENNSYLVANIA CIVIL TERM NO. 505109701 - LAW 1. The petition of Plaintiff, Dawn E.B. Smeigh, respectOlly represents that on April 30, 2008, an Order of Court was entered for the support of Plaintiff. A true and correct copy of the order is attached to this petition. 2. Petitioner is entitled to modification of this order because of the following material and substantial changes in circumstance: Defendant has tai?en a new job at his prior income level while still receiving severance pay, and Defendant previously failed to disclose unemployment income. WHEREFORE, Petitioner requests that the Court modify the existing order for support. Respectfully submitted, 46?t Date: 16 476 Donald T. Kissinger, Es ui HOWETT, KISSINGER & 1EST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-26016 Counsel for Plaintiff Da Smeigh fa I DAWN SMEIGH, Plaintiff/Petitioner VS. WILLIAM SMEIGH, Defendant/Respondent IN THE COURT OF C CUMBERLAND COUI CIVIL ACTION - NO. 07-7226 CIVIL IN DIVORCE PACSES CASE ID: 50511 ORDER OF COURT AND NOW, this 30th day of April 2008, based upon the Court's Petitioner's monthly net income/earning capacity is $ 5,705.35 and the F income/earning capacity is $ 8,775.35, it is hereby ordered that the Resp Pennsylvania State Collection and Disbursement Unit Seven Hundred T ($ 735.00) per month payable bi-weekly as follows: $ 735.00 per month and $ 0.00 per month on arrears. First payment due: in accordance with The effective date of the order is April 5, 2008. Arrears set at $ 628.27 as of April 30, 2008. Failure to make each payment on time and in full will cause all a] immediate collection by all of the means as provided by 23 Pa.C.S.§ 370 finds, after hearing, that the Respondent has willfully failed to comply w the Respondent in civil contempt of Court and, at its discretion, make an including, but not limited to, commitment of the Respondent to prison fc months. WON PLEAS OF , PENNSYLVANIA ermination that the )ondent's monthly net ent pay to the y Five and 00/100 Dollars Alimony Pendente Lite cpondent's pay schedule. bars to become subject to Further, if the Court h this Order, it may declare ppropriate Order, a period not to exceed six Said money to be turned over by the PA SCDU to: Dawn Smeigh. Payments must be made by check or money order. All checks and money orders must be made payab e to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Social Security Number in order to be processed. Do not send cash by mai. ber Number or cc360 The monthly obligation includes cash medical obligation in th unreimbursed medical expenses incurred for the spouse. Unreimburs oblige that exceed $250 annually shall be allocated between the parti( of unreimbursed medical expenses must provide documentation of m later than March 31" of the year following the calendar year in which allocated was received. The unreimbursed medical expenses are to bi Respondent and 100% by the Petitioner. [X] Respondent [] Petition. medical insurance coverage. Within thirty (30) days after the entry of [X] Respondent shall submit to the other party written proof that med been obtained or that application for coverage has been made. Proof, minimum, of. 1) the name of the health care coverage provider(s); 2) numbers; 3) any cards evidencing coverage; 4) the address to which c description of any restrictions on usage, such as prior approval for ho: manner of obtaining approval; 6) a copy o the benefits booklet or cove of all deductibles and co-payments; and 8) five copies of any claim fo THERE IS A DOWNWARD DEVIATION ON THIS ORDE: RESPONDENT RESIDING IN THE MARITAL HOME AND MAI< amount of $250 annually for :d medical expenses of the s. The party seeking allocation penses to the other party no the final medical bill to be paid as follows: 0% by the [] Neither party to provide this order, the [] Petitioner cal insurance coverage has .f coverage shall consist, at a any applicable identification aims should be made; 5) a pital admissions, and the rage contract; 7) a description PURSUANT TO THE 1G PAYMENT ON THE MORTGAGE. THE HOME IS LISTED FOR SALE AND APL AMOUNT MAY BE REVIEWED FOR AN INCREASE AFTER THE SALE OF THE HOME. THE RETROACTIVE ARREARS OF $628.27 ARE TO BE LAID IN FULL WITHIN 20 DAYS FROM THIS DATE AND MADE PAYABLE TO SCDU, P.O. BOX 69110, HARRISBURG, PA 17106-9110 This Order shall become final twenty (20) after the mailing o 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. Consented: Petitioner Petitioner's ttorney Respondent' Attorney Respondent Mailed copies on: May 1, 2008 to: Petitioner Respondent Pamela L. Purdy, Esq. Mark A. Mateya, Esq. DRO: R.J. Shadday VERIFICATION I, Dawn E.B. Smeigh, hereby swear and affirm that the PETITION FOR MODIFICATION OF EXISTING ALIMONY PENDENTE LITE ORDER correct to the best of my knowledge, information and belief and are of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 10/20/08 WZ, ' E.B. SMEIC contained in the foregoing are true and subject to the penalties IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN SMEIGH, ) Plaintiff ) NO. 2007-7226 CIVIL TERM PASCES CAS NO. 505109701 V. ) WILLIAM SMEIGH, ) CIVIL ACTIO - LAW Defendant ) DIVORCE/ A?L CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Dawn Smeigh, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Modification of Existing Alimony Pendente Lite Order was served upon Nathan C. Wolf, Esquire, counsel for Defendant William Smeigh, by depositing same in the United States mail, first class, on October 20, 2008, addressed as follows: Nathan C. Wolf, Esquire WOLF & WOLF 10 West High Street Carlisle, PA 17013 Date: 4S G Donald T. Kissinger, E ire HOWETT, KISSINGE & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2 16 Counsel for Plaintiff Da Smeigh C?3 r-rz r 'C 3 tw\` . i DAWN SMEIGH, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 505109701 ORDER OF COURT AND NOW, this 22nd day of October, 2008, a petition has been filed against you, Dawn Smeigh, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on November 20.2008 at 10:30 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy 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 Income and Expense Statement attached to this order, completed as required by the 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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Donald T. Kissinger, Esq. Nathan C. Wolf, Esq. 1 --e 4X% Date of Order: October 22, 2008 R. J. Sha y, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRE T 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 r.a c? `- j r"r+ DAWN SMEIGH, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant/Respondent : PACSES NO: 505109701 ORDER OF COURT AND NOW, this 5th day of January 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on January 29, 2009 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 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 Return, 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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Donald T. Kissinger, Esq. Nathan C. Wolf, Esq. Date of Order: January 5, 2009 . J. Sh day, A 13L Coordinator 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 , > '?? --? ,.` c_+? -:?- ,? ,?... ?? ?:. ?..? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-7226 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 01/05/09 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Ti L S /N i me ump um ot ce RE: SMEIGH, WILLIAM Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 184-46-0492 Employee/Obligor's Social Security Number SPRINT/NEXTEL* C/O GARNISHMENT DEPT 8782101922 Employee/Obligor's Case Identifier KSOPHT0101 Z2700 (See Addendum for plaintiff names 6391 SPRINT PKWY associated with cases on attachment) OVERLAND PARK KS 66251-6100 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ o. oo per month in current spousal support $ o . oo per month in past-due spousal support $ o . o o per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ o. o0 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. $ o. oo per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ o. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME A CSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECUR UMBER I RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: i A N ® 6 2 0 C9 DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 Edward E. Judge Form EN-028 Rev. 4 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heckell you are required to vide a opy of this form to your m loyee. If yoyr employee works in a state that is di erent frrom the state that issuprthis o er, a copy must be provic?edpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4810772270 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SMEIGH, WILLIAM EMPLOYEE'S CASE IDENTIFIER: 8782101922 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT. NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SMEIGH, WILLIAM PACSES Case Number 505109701 Plaintiff Name DAWN SMEIGH Docket Attachment Amount 2007-7226 cIV$ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT ??? ?? :e. ,???, , ,, x:, s c? ...?_ r :::: - ??, ?° ; DAWN SMEIGH, Plaintiff/Petitioner VS. WILLIAM SMEIGH, AND NOW, this 6th day of Janua and/or counsel fees, it is hereby directed th, February 3. 2009 at 9:00 A.M. for a cont conference officer may recommend that an YOU are further ordered to bring (1) a true copy of your most rE (2) your pay stubs for the prec (3) the Income and Expense S (4) verification of child care e (5) proof of medical coverage If you fail to appear for the warrant for your arrest. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM IN DIVORCE PACSES NO: 505109701 ORDER OF COURT ? 2009, upon consideration of the Petition for Alimony Pendente Lite the parties and their respective counsel appear before R. J. Shadday on rence, at 13 N. Hanover St., Carlisle, PA 17013, after which the order for Alimony Pendente Lite be entered. the conference: Federal Income Tax Return, including W-2's as filed six (6) months tent attached to this order, completed as required by Rule 1910.11© you may have, or may have available to you. or bring the required documents, the Court may issue a BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Donald T. Kissinger, 1 Nathan C. Wolf, Esq. Date of Order: January 6. 2009 YOU HAVE THE RIGHT TO A LA REPRESENT YOU. IF YOU DO NI TELEPHONE THE OFFICE SET F HELP. -elIf R. J. S - 71 dday, PL Coordinator s. ?'ER, WHO MAY ATTEND THE CONFERENCE AND HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR :TH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL D COUNTY BAR ASSOCIATION 2 LIBERTY AVE. ,E, PENNSYLVANIA 17013 (717) 249-3166 cc361 ,.,., om -t ?. S - ., '""? «t' ?-» l k DAWN SMEIGH, Plaintiff/Petitioner VS. WILLIAM SMEIGH, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM IN DIVORCE PACSES CASE: 505109701 ORDER OF COURT AND NOW to wit, this 10th day of March 2009, it is hereby Ordered that the Petitioner's Petition for Modification is dismissed, without prejudice, pursuant to no action being taken through the Domestic Relations Section since the filing date of October 20, 2008. The Order of April 30, 2008 stands in its entirety, with the exception that the Respondent is to now pay an additional $76.00 per month on the accumulated arrears. BY THE COUR - Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Donald T. Kissinger, Esq. Nathan C. Wolf, Esq. Form OE-001 Service Type: M Worker: 21005 ? tz ?c.` ?- m,;-", ` ? ? , ` _?,? ?> . _ -x? _ ;, ?? ;,=, `__ ?rYi ?? .. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/27/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number VERIZON BUSINESS 22001 LOUDON COUNTY PKWY ASHBURN VA 20147-6105 RE:SMEIGH, WILLIAM 07-7226 CIVIL @Original Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 184-46-0492 Employee/Obligor's Social Security Number 8782101922 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ $ 0.00 0.00 $ 0.00 $ 735.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? Q yes ® no one-time lump sum payment for a total of $ 735.00 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: $ 169.62 per weekly pay period. $ 367.50 per semimonthly pay period (twice a month) $ 339.23 per biweekly pay period (every two weeks) $ 735.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisbur, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME *-EPA ES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURI DER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Edward E. Guido, Judge DRO: R.J. Shadday Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required, to provide a opy of this form to your ,employee. If yo r employee orks in a state that is dierent from the state that issued this o?er, a copy must be provided to your emproyee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4571100238 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: SMEIGH, WILLIAM EMPLOYEE'S CASE IDENTIFIER: 8782101922 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SMEIGH, WILLIAM PACKS Case Number 505109701 Plaintiff Name DAWN SMEIGH Docket Attachment Amount 2007-7226 CIV$ 735.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT FILED) 9 P }'1 1 1,, -8 i'i'i ti: i t..+ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT DAWN SMEIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7226 CIVIL : PASCES No: 505109701 WILLIAM SMEIGH, Defendant/Petitioner : IN DIVORCE PETITION FOR MODIFICATION OF EXISTING ALIMONY PENDENTE LITE ORDER 1. The petition of Defendant, William Smeigh, respectfully represents that on April 30, 2008, an Order of Court was entered for the support of Plaintiff. A true and correct copy of the order is attached hereto. 2. Petitioner is entitled to modification of this order because of the following material and substantial changes in circumstance: Defendant started new job in September 2008 expecting to make $60,000 per year in commissions in addition to salary of $97,000. From his sales figures in January, February, March and April it is anticipated that his maximum commissions for 2009 will be $35,000. WHEREFORE, Petitioner requests that the Court modify the existing order for support. Respectfully submitted, WOLF & WOW. Date: May JJ, 2009 By: N C. o squire 10 es H' Street Ca A 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant DAWN SMEIGH, Plaintiff/Petitioner VS. WILLIAM SMEIGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM IN DIVORCE Defendant/Respondent PACSES CASE ID: 505109701 ORDER OF COURT AND NOW, this 30th day of April 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 5,705.35 and the Respondent's monthly net income/earning capacity is $ 8,775.35, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seven Hundred Thirty Five and 00/100 Dollars ($ 735.00) per month payable bi-weekly as follows: $ 735.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is April 5, 2008. Arrears set at $ 628.27 as of April 30, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at 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. to: Said money to be turned over by the PA SCDU to: Dawn Smeigh. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit to the other party 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 o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. THERE IS A DOWNWARD DEVIATION ON THIS ORDER PURSUANT TO THE RESPONDENT RESIDING IN THE MARITAL HOME AND MAKING PAYMENT ON THE MORTGAGE. THE HOME IS LISTED FOR SALE AND APL AMOUNT MAY BE REVIEWED FOR AN INCREASE AFTER THE SALE OF THE HOME. THE RETROACTIVE ARREARS OF $628.27 ARE TO BE PAID IN FULL WITHIN 20 DAYS FROM THIS DATE AND MADE PAYABLE TO SCDU, P.O. BOX 69110, HARRISBURG, PA 17106-9110 This Order shall become final twenty (20) 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. Consented: Petitioner Respondent Mailed copies on: May 1, 2008 to: Petitioner Respondent Pamela L. Purdy, Esq. Mark A. Mateya, Esq. DRO: R.J. Shadday Petitioner's Attorney Respondent's Attorney BY THE COURT Edward E. uido, J. 14 vER , ?' TA ION I, William Smeigh, hereby swear and affarm, that the facts contained in the foregoing Petition for Modification of Existing Alimony Pendente Lite Order are true and correct to the best of nay l nowledge, information and belief and are made subject to the penalties of 18 N.C.S. §4904 rclating to unworn falsifications to authotities_ Z 2009 William Smeigh . 1 04 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT DAWN SMEIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7226 CIVIL : PASCES No: 505109701 WILLIAM SMEIGH, . Defendant/Petitioner : IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of the Petition for Modification of Existing Alimony Pendente Lite Order upon the following person by U.S. Mail: Donald T. Kissinger, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 May, 2009 t? DAWN SMEIGH, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant PACSES CASE NO: 505109701 ORDER OF COURT AND NOW, this 8th day of July, 2009, a petition has been filed against you, Dawn Smeigh, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on August 17, 2009 at 1.30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy 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 Income and Expense Statement attached to this order, completed as required by the 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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Donald T. Kissinger, Esq. Nathan C. Wolf, Esq. Date of Order: July 8, 2009 1.. R. J. adday, Conference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPR$SENT 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 OF THE ?P' ARY 2 JU' -3 P11 3*. 2b Il t ; NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT DAWN SMEIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7226 CIVIL : PACCES No: WILLIAM SMEIGH, Defendant/Petitioner : IN DIVORCE PETITION FOR ALIMONYPENDENTE LITE and ALIMONY NOW COMES the Defendant, William E. Smeigh, by and through his counsel, Nathan C. Wolf, Esquire, and requests and Order for Spousal Support, Alimony Pendente Lite and alimony in his favor, averring as follows: 1. Plaintiff filed a complaint in divorce on or about November 30, 2007. 2. The petition of Defendant, William Smeigh, respectfully represents that on April 30, 2008, an Order of Court was entered for the support of Plaintiff at PACSES 505109701. 3. Petitioner submits that he filed a petition for modification of said order on May 29, 2009 requesting a reduction of said order based upon decreased earnings from his employment. 4. A conference on said petition is scheduled for August 17, 2009 at 1:30 p.m. at Cumberland County Domestic Relations Office. 5. On or about June 26, 2009, Petitioner was notified by his employer that he would no longer be employed as of July 24, 2009. 6. This employment represents Petitioner's sole source of income. 7. Following his termination, Petitioner will be without sufficient means to maintain his reasonable expenses during the pendency of the litigation. 8. Petitioner will be unable to afford to continue to maintain payments for the mortgage on the marital residence without receiving APL from Plaintiff. 9. Petitioner requests this Court enter an Order awarding him spousal support, and/or alimony pendente 4te until a final hearing and thereupon to enter an Order for Alimony in his favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. 10. Petitioner requests that a conference on the foregoing petition be consolidated with the Modification Conference scheduled for August 17, 2009. WHEREFORE, Defendant/Petitioner William Smeigh, respectfully requests this Court enter an Order awarding him spousal support, and/or alimony pendente lite until a final hearing and thereupon to enter an Order for Alimony in his favor pursuant to Sections 3701(a) and 3702 of the Divorce Code along with any additional relief the Court may deem appropriate and just. WOLF Date: July IS, 2009 By: lisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 87380 Attorney for Defendant a? _l CL- w u - `U &A- c? Cr+ c° DAWN SMEIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant/Respondent PACSES CASE ID: 505109701 ORDER OF COURT AND NOW, this 30th day of April 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 5,705.35 and the Respondent's monthly net income/earning capacity is $ 8,775.35, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Seven Hundred Thirty Five and 00/100 Dollars ($ 735.00) per month payable bi-weekly as follows: $ 735.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is April 5, 2008. Arrears set at $ 628.27 as of April 30, 2008. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Dawn Smeigh. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly obligation includes cash medical obligation in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit to the other party 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 o the benefits booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. THERE IS A DOWNWARD DEVIATION ON THIS ORDER PURSUANT TO THE RESPONDENT RESIDING IN THE MARITAL HOME AND MAKING PAYMENT ON THE MORTGAGE. THE HOME IS LISTED FOR SALE AND APL AMOUNT MAY BE REVIEWED FOR AN INCREASE AFTER THE SALE OF THE HOME. THE RETROACTIVE ARREARS OF $628.27 ARE TO BE PAID IN FULL WITHIN 20 DAYS FROM THIS DATE AND MADE PAYABLE TO SCDU, P.O. BOX 69110, HARRISBURG, PA 17106-9110 This Order shall become final twenty (20) 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. Consented: Petitioner Respondent Mailed copies on: May 1. 2008 to: Petitioner Respondent Pamela L. Purdy, Esq. Mark A. Mateya, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT Edward E. nuido,% J. DRO: R.J. Shadday the f, 'toned inn the fmnuuW Pctitial UOOwk4l sc,f?met *ad beW for A? Penckntt L be am true and cnrtect to - a m m*Ac wbivo to tie pcalilics of 18 pa.CS.'§4904 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (7M 24IA436 ATTORNEY FOR DEFENDANT DAWN SMEIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7226 CIVIL : PASCES No: WILLIAM SMEIGH, Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of the Petition for an Order Alimony Pendente Ute and Alimony upon the following person by U.S. Mail: Donald T. Kissinger, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 WOLF & July 15, 2009 Plaintiff ,, ,,te r av THE 2000 JU 1 '3 2. 2 r T O-Azf tl ? w DAWN SMEIGH, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant/Petitioner PACSES NO: 357111004 ORDER OF COURT AND NOW, this 16th day of July, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on August 17, 2009 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 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 Return, 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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Donald T. Kissinger, Esq. Nathan C. Wolf, Esq. Date of Order: July 16, 2009 4ay, PL Coordinator ` 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 ??i4k ' ,.?`?I ' e? i., ? ?? iw -.; iC ,y (?? 's?J DAWN SMEIGH, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-7226 CIVIL TERM WILLIAM SMEIGH, IN DIVORCE Defendant PACSES CASE NO: 505109701 and 357111004 ORDER OF COURT - RESCHEDULE A CONFERENCE r AND NOW, this 23rd day of July, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on August 25, 2009 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of August 17, 2009. YOU are further ordered to bring to the conference: (1) a true copy 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 Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) 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, Edgar B. Bayley, President Judge Date of Order: July 23, 2009 Copies mailed to: Petitioner Respondent Donald T. Kissinger, Esq. Nathan C. Wolf, Esq. r ? J. S dday, on erence Officer 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 FLED-Di `ICE OF THc F;ROP-`0?,,!0TARY 2009 JUL 23 PH 3: 0 2 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: WILLIAM SMEIGH Member ID Number: 8782101922 Please note: Ali correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment Plat ff Name DAWN SMEIGH PACSES Docket Case Number Number 505109701 2007-7226 CIV Attachment AmoundFreauenc $ 735.00 MONTH TOTAL ATTACHMENT AMOUNT: $ 735.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 169.15 per week, or 50 of the Unemployment Compensation benefits otherwise payable to the Defendant, WILLIAM SMEIGH Social Security Number XXX-XX- 0492 , Member ID Number 8782101922 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB 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 arrearages, 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.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JULY 2 6, 2 0 0 9 is exhausted, expired or deferred. OUCB 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 the Domestic Relations Section of this Court. BY THE COURT Date of Order: AUG 1 1 2009 DRO: R.J. SHADDAY Service Type M EDWARD E. GUIDO, JUDGE Form EN-530 Rev.2 Worker ID $ IATT OF TH- 2009 UG I I PH %3_ 4 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: WILLIAM SMEIGH Member ID Number: 8782101922 Please note: All correspondence must include the Member ID Number. ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name DAWN SMEIGH PACSES Docket Case Number Number 505109701 2007-7226 CIV TOTAL ATTACHMENT AMOUNT: $ 735.00 Atutchment Amount/Frequency $ 735.00 MONTH The prior Order of this Court directing the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), to attach $ 169.15 or 5 0 % per week of the Unemployment Compensation benefits of WILLIAM SMEIGH ,Social Security Number XXX-XX-0492 , Member ID Number 8782101922 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of the Order by the Department and shall remain in effect until a further Order of the Court is filed. Date of Order: AUG 2 6 200j DRO: R.J. SHADDAY Service Type M BY THE COURT EDWARD E. GUIDO, JUDGE Form EN-035 Rev.2 Worker ID $ IATT PCI ;,s?, ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-7226 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. Of CUMBERLAND OAmended Order/Notice Date of Order/Notice 08/25/09 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: SMEIGH, WILLIAM E m p I oyer/With holder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 184-46-0492 Emplloyee/Obligor's Social Security Number VERIZON BUSINESS 8782101922 22001 LOUDON COUNTY PKWY Employee/Obligor's Case Identifier ASHBURN VA 20147-6105 (See.Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? O yes ® no $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ o. oo 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. $ o. 00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAM ACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SEC Y NUM ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: ?,;. Edward . Gu o, Judge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS F? If hecked you are required to provide a copy of this form to your mployee. If yo r employee works in a state that is di erent from the state that issued this order, a copy must be provi?ed to your employee even if the box is not checed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4571100238 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ED THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED EMPLOYEE'S/OBLIGOR'S NAME: SMEIGH, WILLIAM EMPLOYEE'S CASE IDENTIFIER: 8782101922 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may rot withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-62'25 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.S Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SMEIGH, WILLIAM PACSES Case Number 505109701 PACSES Case Number Plaintiff Name Plaintiff Name DAWN SMEIGH Docket Attachment Amount Docket Attachment Amount 2007-7226 cIV$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT 2CUR AUt 26 PI l 2S •, + ?Y, I tiuf.. DAWN SMEIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7226 CIVIL PACSES No: 505109701 PACSES No: 357111004 WILLIAM SMEIGH, Defendant/Petitioner : IN DIVORCE ORDER OF COURT AND NOW, this 25th day of Ai=i--,t , 2009, upon consideration of the foregoing stipulation and agreement submitted by the parties, the provisions contained therein are hereby incorporated as an Order of Court effective July 31, 2009. BY THE COURT, < --- I - Edwar : Gui J. Distribution: Donald T. Kissinger, Esquire For the Plaintiff/Respondent Nathan C. Wolf, Esquire For the Defendant/Petitioner OF THE FWl ?NnTARY 2009 AUG 25 Pty 2 28 DAWN SMEIGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7226 CIVIL : PACSES No: 505109701 : PACSES No: 357111004 WILLIAM SMEIGH, Defendant/Petitioner : IN DIVORCE STIPULATION AND AGREEMENT CONCERNING THE PAYMENT OF ALIMONY PENDENTE LITE, THIS STIPULATION AND AGREEMENT entered into this W day o v, 2009, by and between DAWN SMEIGH, (hereinafter referred to as "Wife") and WILLIAM SMEIGH, (hereinafter referred to as "Husband") WHEREAS the Wife filed an action at PACSES 505109701 for Alimony Pendente Lite support on which an order was entered on April 30, 2008, requiring payment by Husband to Wife the sum of $735.00 per month. WHEREAS the Husband filed an action at PACSES 357111004 for Alimony Pendente Lite on July 15, 2009. WHEREAS the Wife and the Husband, wish to enter into an agreement relative to the Wife's and Husband's respective claims for Alimony Pendente Lite, and have therefore set forth the terms of their agreement, intending for the Court to enter an order incorporating the terms of the parties' agreement, as follows: (1) The effective date of this order shall be July 31, 2009. (2) The Order of April 30, 2008 shall be terminated. (3) Husband's claim for Alimony Pendente Lite filed July 15, 2009 is hereby withdrawn. (4) Any payments received through garnishment since July 31, 2009, which have not been distributed to the Wife shall be refunded to Husband. (5) Any payments received after July 31, 2009 and distributed to Wife shall be credited to Husband in equitable distribution. (6) Husband shall also receive an additional credit in equitable distribution in the amount of $750.00, representing 3 months at $250.00 per month, representing a downward modification of the support order of April 30, 2008. (7) As a result of the credit provided for in paragraph (5) herein, Husband's petition for modification filed May 30, 2009 is withdrawn. (8) The parties agree to the entry of an order in accordance with the aforementioned terms and have discussed this agreement with counsel. (9) This agreement is entered without prejudice to file future claims for Alimony Pendente Lite and Alimony as appropriate. IN WITNESS WHEREOF, the parties have set forth their hands and seals intending to be legally bound thereby. AL) ILL Donald T. Kissinger, Esquin Howett Kissinger & Holst Counsel for Plaintiff/Respondent Na ,OV, Esquire Wol ?YAf Co for Defendant/Petitioner COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND, SS: DAWN SMEIGH, ) IN THE COURT OF COMMON PLEAS OF PLAINTIFF ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) NO. 2007 - 7226 CIVIL TERM WILLIAM SMEIGH, ) CIVIL ACTION - LAW DEFENDANT ) IN DIVORCE MOTION FOR APPOINTMENT OF MASTER C7 a 33. Plaintiff Dawn Smeigh moves the court to appoint a master with respect to the following Js: V Z (X) Divorce (X) Distribution of Property -: M ( ) Annulment (X) Support (X) Alimony (X) Counsel Fees J' (X) Alimony Pendente Lite (X) Costs and Expenses' w and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. The defendant has appeared in this action by his attorney, Nathan C. Wolf, Esquire. 3. The statutory grounds for divorce are §3301(c). 4. The action is not contested. An agreement has been reached with respect to the following claims: The action is contested with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, support, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. Additional information, if any, relevant to the motion: Date: t? AND NOW, , 2010, master with respect to the following claims: Donald T. Kissinger, Esquire Attorney for Plaintiff Esquire is appointed BY THE COURT: J. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND, SS: DAWN SMEIGH, ) IN THE COURT OF COMMON PLEAS OF PLAINTIFF ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) NO. 2007 - 7226 CIVIL TERM WILLIAM SMEIGH, ) CIVIL ACTION - LAW DEFENDANT ) IN DIVORCE MOTION FOR APPOINTMENT OF MASTER C) a Plaintiff Dawn Smeigh moves the court to appoint a master with respect to the following M.Ws: 0 r (X) Divorce (X) Distribution of Property M ?Y -p ( ) Annulment (X) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. The defendant has appeared in this action by his attorney, Nathan C. Wolf, Esquire. 3. The statutory grounds for divorce are §3301(c). 4. The action is not contested. An agreement has been reached with respect to the following claims: The action is contested with respect to the following claims: divorce, alimony, alimony pendente lite, distribution of property, support, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day.' C2 lei 7. Additional information, if any, relevant to the motion: s N Date: Donald T. Kissinger, Esquire Attorney for Plaintiff AND NOW, o?fJ , 2010, ?•?-? , Esquire is appointed master with respect to the following claims: BY THE COURT: • ?"y J. oa DAWN SMEIGH, Plaintiff V. WILLIAM SMEIGH, Defendant : IN THE COURT OF COMMON PLEAS-9F? : CUMBERLAND COUNTY, PENNSY-b*N9 - • rn r` NO. 2007-7226 CIVIL a 70 cl:? cn> IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about November 30, 2007 and served upon defendant on December 28, 2007 (see affidavit of service filed January 15, 2008). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification. to authorities. 2011 AWN E. BOWMAN (FORMERLY DAWN E. B. SMEIGH) DAWN SMEIGH, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM SMEIGH, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE DER SECTION 3301(0 OF THE DIVORCE CODE : NO. 2007-7226 CIVIL : IN DIVORCE -5 C MCC, zrrI ? g oy A c tv r- -, _a -gyp l ('-' 71 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 i L I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. OJ, At 2011 e AWN E. BOWMAN (FORMERLY DAWN E. B. SMEIGH) DAWN BOWMAN, : IN THE COURT OF COMMON PLE49F Plaintiff : CUMBERLAND COUNTY, PENNSYI??IIr ' r :z rn r v. : NO. 2007-7226 CIVIL WILLIAM SMEIGH, <L1 -p r ° -- Defendant . IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about November 30, 2007 and served upon defendant on December 28, 2007 (see affidavit of service filed January 15, 2008). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 2011 DAWN SMEIGH, Plaintiff V. WILLIAM SMEIGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-7226 CIVIL IN DIVORCE ,, rn ? ?rn cn'r ? ra t--3 C C7 -v N tit ,11 F. CD -? C7) r .: i AIVER OF NOTICE OF INTENTION TO QUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 1 , 2011 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. BOWMAN ) (FORMERLY DAWN E. SMEIGH), ) Plaintiff ) V. ) ) WILLIAM SMEIGH, ) Defendant ) NO. 2007-7226 CIVIL TERM =torn i n CIVIL ACTION - LAW ?o IN DIVORCE L CD 3;1 n - ME C:) -n Jr yYy ?? ?y lJ . PETITION FOR REVOCATION OF MASTER TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff herein, Dawn E. Bowman, by her attorney, Donald T. Kissinger, Esquire, who respectfully represents that: Plaintiff Dawn E. Smeigh filed a Motion for Appointment of Master on April 16, 2010, wherein she raised additional claims of divorce, alimony, alimony pendente lite, distribution of property, support, counsel fees, costs and expenses. 2. E. Robert Elicker, II, Esquire, was appointed Master in this matter on or about April 20, 2011. 3. The parties, through their counsel, have resolved all outstanding issues so that the divorce action may proceed pursuant to Section 3301(c) of the Divorce Code. 4. Because there remain no issues to be resolved by the Master, his appointment should be revoked. 5. Nathan C. Wolf, Esquire, counsel for Defendant William Smeigh, joins in the Petition herein and has authorized the undersigned to so state. Date: it l Respectfully submitted, Donald T. Kissinger, Esq?&LST, HOWETT, KISSINGER P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Dawn E. Bowman DAWN SMEIGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ;- r? VS. NO. 07 - 7226 Civil .?i-r rncO r WILLIAM SMEIGH, Defendant IN DIVORCE 00 r' C> 7T ORDER OF COURT AND NOW, this day of 2011, an agreement having been reached between the parties resolving all claims raised in the proceedings, the agreement, at the request of counsel (see counsel's letter of August 3, 2011, attached hereto), is not to be made part of the record. The appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court, along with the affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by the parties, requesting a final decree in divorce. BY THE COURT, nx'- 4-ph/-, Kevin Hess, P.J. cc: Donald T. Kissinger •_ Attorney for Plaintiff qt- 1? Nathan C. Wolf Attorney for Defendant D e hP?rl- a,cku,at, a$• - in Ple SE 1-, _ Donald T. Kissinger, Esquire VIM HOWETT, KISSINGER & HOLST P.C. NOiI?.?GE I -? ?0 ED, , 130 Walnut Street - t 7 ._.ir ) P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Dawn E. Bowman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. BOWMAN ) (FORMERLY DAWN E. SMEIGH), ) Plaintiff ) V. ) WILLIAM SMEIGH, ) Defendant ) NO. 2007-7226 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this !?- day of August, 2011, the within Petition for Revocation of Master is hereby granted. BY THE COURT: N"'"" !, Distribution: Col 8/101100 'Donald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA, 17108, phone 234-2616 'Nathan C. Wolf, Esquire, 10 West High Street, Carlisle, PA, 17013, phone 241-4436 b" E. Robert Elicker, II, Esquire, 9 North Hanover Street, Carlisle, PA, 17013, phone 240-6535 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN E. BOWMAN, Plaintiff ) NO. 2007 - 7226 CIVIL TERM ? ) , h I - V. ) rnco z M ?. r - _' - Cn WILLIAM SMEIGH, ) CIVIL ACTION - LAW - <D '- N Defendant ) IN DIVORCE© ?'.c'7 Z z n C .- c-, PRAECIPE WITHDRAWING ANCILLARY CLAIMS TO THE PROTHONOTARY: Please withdraw all ancillary claims filed by the Plaintiff, Dawn E. Bowman, in her Complaint in Divorce docketed to the above term and number. Respectfully submitted, Date: C/ 1 Donald T. Kissinger, Esqu' HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Dawn E. Bowman NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT " THI F PROT"°;i"?? ? ? . 49011 AUG 10 AM 10, 09, CUMBERLAND AND ? ? LX DAWN SMEIGH, Plaintiff V. WILLIAM SMEIGH, Defendant : IN THE COURTMCIMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7226 CIVIL 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about December 28, 2007, by personal service (See Affidavit of Service previously filed, January 15, 2008.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: August 1, 2011 By the defendant: August 1, 2011 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: August 1, 2011 Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: August 1, 2011 August 1, 2011 Dawn Smeigh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. William Smeigh NO.2007-7226 DIVORCE DECREE AND NOW, 7 it is ordered and decreed that Dawn Smeigh , plaintiff, and William Smeigh , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The marital settlement agreement dated August 1, 2011, is incorporated by re er nce u no merge into is decree. By #x-C6urt, Attest: J. l?,?vict b.lue411 Prothonota mg, led A ?.5 /00/ ,?a?