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HomeMy WebLinkAbout08-0853JERRY L. ASH, SR., Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - KS GLENNA L. ASH, Defendant. IN DIVORCE NOTICE CIVIL TERM 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABII.TTIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JERRY L. ASH, SR., Plaintiff, V. GLENNA L. ASH, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - rr3 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND (D OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Jerry L. Ash, Sr., by and through his attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Glenna L. Ash, representing as follows: 1. The Plaintiff is Jerry L. Ash, Sr., an adult individual residing at 713 Grahams Wood Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Glenna L. Ash, an adult individual currently residing at 680 Town Hill Road, York Springs, Pennsylvania 17372. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on February 25, 1984, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT Dated: February 4, 2008 By: Marcus Ai. Mc tt, Ift, Esquire Supreme Court I. o. 25476 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. A L. Agh, SR. Date: February 4,2008 JEKKY L. ASH, SR., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - S 3 CIVIL TERM GLENNA L. ASH, Defendant. IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 4, 2008 JE?XV ASH, SR. C= O '7J (t? 'Tl ? Ca Mr. (v A 1 JERRY L. ASH, SR., Plaintiff, V. : IN THE COURT OF COMMON FLEA) Or' : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 853 CIVIL TERM GLENNA L. ASH, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA RCP RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Glenna L. Ash, on February 7, 2008, by certified, restricted delivery mail, addressed to her at 680 Town Hill Road, York Springs, Pennsylvania 17372 with Return Receipt Number 7006 0810 0000 7875 5392. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. 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 8 Pa. C. Se tion 4904, relating to unsworn falsification to authorities. for Plaintiff Date: February 11, 2008 rti ? h M Ln c r%- Postage $ Q Certified Fee C3 C3 Return "-Fee (Endorsement Required) Q Restricted Delive r-1 (Endorsement Reg Ac ca C3 Total Postage & Fees c3 Sent To o up "' sr P4 _ MS_ GL 7Ci ,cS1 ere o?xt HILL ROAD ¦ 4AW4 itli`ttness 1, 2, and & Also complete Mrs 4 f Nlisltktsd Ddvwy is desired. ¦ Piht your name and address on the reverse so tired we can retum the card to you. ¦ ARtach this card to the back of the mallpiece, or on the ttcnt If space pemiRs. 1. Arfide Addreesed to: MS GLENNA L ASH 680 TOWN HILL ROAD YORK SPRINGS PA 17372 A. X Iy I'. 't D 8. f r (P rnl111=0 I C. Dep Of 1 D. Is delivery address dfow. from hem 1? 13 Yes H YES, entsr delivery address below. ? No 3. sorvioe lw* Lwow Mad D Express Mal PAOMeted PLRetvn PAN" for Merchandise 0 Rmiriobd Delivery? 9Ww Fd ,) tbs 2. ArWeNumbw ?006 0810 0000 ?8?5 5392 piwxwatrltvtn wrWke M PS Form 3811, February 2004 Dsmuec ft"I Rec IF 1025e5,02- ? +v r,'- ? ?? ? O -?-, , . > w -?, °= m .` -? Q ?r?J -7. '•' ? } r„} Q ?'? K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERRY L. ASH, Plaintiff No. 08 - S - 853 VS. GLENNA L. ASH, Action in Divorce Defendant MOTION TO REFER ALIMONY PENDENTE LITE CLAIM TO DOMESTIC RELATIONS TO THE HONORABLE, THE JUDGES OF SAID COURT: COMES NOW the Defendant, GLENNA L. ASH, by and through her attorney, Barbara Jo Entwistle, Esquire, who files this Motion to Refer Alimony Pendente Lite Claim to Domestic Relations: 1. A Complaint in Divorce was filed by Plaintiff on February 5, 2008. 2. Defendant files concurrently herewith a Petition to Raise Additional Claims in Divorce which contains a request for Alimony, pendente lite and permanent. 3. This is not a complex case. 4. Defendant requests that this matter be referred to Domestic Relations for a hearing. WHEREFORE, Defendant prays that this Honorable Court: A. Grant Defendant alimony, pendente lite and permanent; and B. Refer this matter to Domestic Relations for a hearing. Respectfully submitted, PYLE AND ENTWISTLE By: Aarbara Esquire Attorney for Defendant 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 Supreme Court I.D. #41906 VERIFICATION I verify that the statements made in this Motion to Refer Alimony Pendente Lite claim to Domestic Relations are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 5 Y GLENNA L. ASH, De endant CERTIFICATE OF SERVICE q? I hereby certify that on the day of May, 2008, a copy of the foregoing Motion to Refer Alimony Pendente Lite Claim to Domestic Relations was served upon the following individual by first class mail, postage prepaid: Marcus A. McKnight, II, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 arbara ]o twistle, Esquire - ; `' d r t 4 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERRY L. ASH, Plaintiff No. 08 - S - 853 VS. . GLENNA L. ASH, Action in Divorce Defendant PETITION TO RAISE ADDITIONAL CLAIMS IN DIVORCE COMES NOW the Defendant, GLENNA L. ASH, by and through her attorney, Barbara Jo Entwistle, Esquire, who makes the following claim for relief in the divorce which Husband filed on February 5, 2008, as follows: COUNT I Equitable Distribution 1. During the marriage Plaintiff and Defendant have acquired property. 2. There is no Agreement regarding disposition of the parties marital assets. WHEREFORE, at the time of the divorce, the Defendant requests the Court to divide the marital assets. COUNT II Alimony - Pendente Lite and Permanent 3. Defendant hereby incorporates by reference all of the averments contained in Paragraphs 1 and 2 above as if each were set forth fully hereunder. -to 4. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment during the litigation. 5. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage after the divorce. 6. Plaintiff has substantial income; Defendant has no income. Alimony pendente lite and permanent alimony may be appropriate. WHEREFORE, Defendant prays this Honorable Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT III Counsel Fees, Costs and Expenses 7. Defendant hereby incorporates by reference all of the averments contained in Paragraphs 1 through 6 above as if each were set forth fully hereunder. 8. Defendant has employed Barbara Jo Entwistle, Esquire, of Pyle and Entwistle, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel and requests payment of necessary fees. 9. Defendant has entered into a fee agreement with her attorney. 10. Defendant is required to employ various experts, an accountant and/or appraiser(s) and/or actuary, etc., to review various records of the Plaintiff and appraise various properties and requests reasonable expenses to retain such services. WHEREFORE, Defendant requests this Honorable Court to enter an award of temporary counsel fees, costs and expenses and such additional sums as they may become necessary from time to time hereafter until final hearing, and thereupon at final hearing, award such additional counsel fees, costs and expenses as are deemed appropriate. Respectfully submitted, PYLE AND ENTWISTLE By. Barbara Jo ntwistle, EAttorney for Defendant 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 Supreme Court I.D. No. 41906 VERIFICATION STATEMENT I verify that the statements made in the foregoing document are true and correct to the best of my personal knowledge, information and belief. 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. Date: 5 d J J?4 DDA /A C4. G L. ASH, Defendant CERTIFICATE OF SERVICE I hereby certify that on the I day of May, 2008, a copy of the foregoing Petition to Raise Additional Claims in Divorce was served upon the following individual by first class mail, postage prepaid: Marcus A. McKnight, II, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 Barbara Entwistle, Esquire ?s 70 n L # qu, O f p -o 00 O Jil O `- t9 JERRY L. ASH, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-853 CIVIL TERM GLENNA L. ASH, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 426110025 ORDER OF COURT AND NOW, this 13th day of May, 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 June 4. 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. 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 Barbara Jo Entwistle, Esq. Marcus A. McKnight, III. Date of Order: May 13, 2008 - /I // Z? ...4 . Sh ay, nference 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 -r7 -M w m 4 JERRY L. ASH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent . CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-853 CIVIL TERM GLENNA L. ASH, IN DIVORCE Defendant/Petitioner PACSES Case No: 426110025 ORDER OF COURT AND NOW, this 19th day of June 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 0.00 and the Respondent's monthly net income/earning capacity is $ 3,513.56, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Eight Hundred and 00/100 Dollars ($800.00) per month payable weekly as follows: $ 709.00 per month for Alimony Pendente Lite and $ 91.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is May 13, 2008. Arrears set at $ 1,151.88 as of June 19, 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: Glenna L. Ash. 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 A IL 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 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: 50% by the Respondent and 50% 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 parry 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. This Order considers that the Respondent will continue to make payment on the mortgage of the marital home, where the Petitioner resides, the insurance and real estate taxes on the marital home, and continue to pay the vehicle insurance for the Petitioner's vehicle. 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: June 20, 2008 to: Petitioner Respondent Barbara J. Entwistle, Esq. Marcus A. KcKnight, III, Esq. Petitioner's Attorney Respondent's Attorney BY THE COUR Edward E. Guido, J. DRO: R.J. Shadday ? ? ?, -n v° y ? ? ? c,3 -? ;= -?, c 1 ? f-f???'? am' - ?` ` ?? y -?:a ?? ; , ? --', ? S= ? ,?= ??, ?-? 08-853 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist. of CUMBERLAND Date of Order/Notice 06/19/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number ABF FREIGHT SYSTEMS PO BOX 10048 3801 OLD GREENWOOD RD 729 FORT SMITH AR 72917-0048 192-50-5324 Employee/Obligor's Social Security Number 9771101921 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ $ $ 0.00 0.00 0.00 $ 0.00 $ 709.00 $ 91.00 $ 0.00 $ 0.00 for a total of $ 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? O yes ® no one-time lump sum payment Boo. 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: $ 184.62 per weekly pay period. $ 400.00 per semimonthly pay period (twice a month) $ '169 - 23 per biweekly pay period (every two weeks) $ 800.00 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 HE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL URITY N ER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDWARD E. GUIDO, Service Type M OMB No.: 0970-0154 OOriginal Order/Notice OAmended Order/Notice [Terminate Order/Notice OOne-Time Lump Sum/Notice RE: ASH, JERRY L. Employee/Obligor's Name (Last, First, MI) JUDGE Form EN-028 Rev. 3 Worker I D $ IATT 00* 0 x 12a+ l 2 a L 4 62* 8t}C1• x 12as 6.. ?69a2?* v'J 1 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If 4hecke l you are required to vide a?ropy of this form to youremloyee. If your employee works in a state that is di event rom the state that issuperQthis o er, a copy must be provi to 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 employeelobligor'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 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. 7102494440 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : M THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ID EMPLOYEE'S/OBLIGOR'S NAME:ASH, JERRY L. EMPLOYEE'S CASE IDENTIFIER: 9771101921 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: 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 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 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 3 Worker ID $IATT L.' '4 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ASH, JERRY L. PACSES Case Number 426110025 Plaintiff Name GLENNA L. ASH Docket Attachment Amount 08-853 CIVIL $ 800.00 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. 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. Addendum Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker ID $IATT r--a _,. ? r_? i ? . !N' .F• .+? ? yti 7 1 Y ? ? a0 `??,,.r? ?.. r1?.S y -. .. :_ ?.? t i ? 7 •?? V% JERRY L. ASH, SR., Plaintiff/Respondent V. GLENNA L. ASH, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 853 CIVIL TERM PASCES CASE NO. 426110025 IN DIVORCE PETITION TO REQUEST HEARING DE NOVO AND NOW, comes JERRY L. ASH, SR., by and through his attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The Plaintiff/Respondent is Jerry L. Ash, Sr., who currently resides at 713 Graham Woods Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant/Petitioner is Glenna L. Ash, who currently resides at 680 Town Hill Road, York Springs, Pennsylvania 17372. 3. The Petitioner, Glenna L. Ash, filed a Petition for Alimony Pendente Lite on May 13, 2008. A copy of said Petition is attached hereto and made marked as Exhibit "A" and made a part of this Petition. 4. An Order of Court was issued on June 19, 2008, dismissing the Petition, a copy of said Order is attached hereto and marked as Exhibit "B" and made a part of this Petition. 2 5. The Respondent, Jerry L. Ash, Sr., is appealing the decision by Order of Court dated June 19, 2008. 6. The Petitioner's counsel has not sought concurrence from opposing counsel as this is an appeal from Order of Court dated June 19, 2008. 7. The Honorable Edward E. Guido, has ruled upon other issues regarding this case. WHEREFORE, Respondent, Jerry L. Ash, Sr., respectfully requests that this Honorable Court schedule a hearing de novo appealing the Order of Court dated June 19, 2008, regarding the issue of Alimony Pendente Lite. Respectfully submitted, IRWIN & MR(NIG v?? By: Marcu A. McKnvt I,squire 60 We Pomfret S Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Respondent Date: June 25, 2008 3 EXHIBIT "A" LL -Ito 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERRY L. ASH, Plaintiff VS. GLENNA L. ASH, Defendant No. 08 - S - 853 Action in Divorce Lm o i N MOTION TO REFER ALIMONY PENDENTE LITE CLAIM TO DOMESTIC RELATIONS TO THE HONORABLE, THE JUDGES OF SAID COURT: COMES NOW the Defendant, GLENNA L. ASH, by and through her attorney, Barbara Jo Entwistle, Esquire, who files this Motion to Refer Alimony Pendente Lite Claim to Domestic Relations: 1. A Complaint in Divorce was filed by Plaintiff on February 5, 2008. 2. Defendant files concurrently herewith a Petition to Raise Additional Claims in Divorce which contains a request for Alimony, pendente cite and permanent. 3. This is not a complex case. 4. Defendant requests that this matter be referred to Domestic Relations for a hearing. WHEREFORE, Defendant prays that this Honorable Court: A. Grant Defendant alimony, pendente lite and permanent; and B. Refer this matter to Domestic Relations for a hearing. Respectfully submitted, PYLE AND ENTWISTLE By: rbara J ntwistle, Esquire Attorney for Defendant 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 Supreme Court I.D. #4190 I verify that the statements made in this Motion to Refer Alimony Pendente Lite claim to Domestic Relations are true and correct. I understand that false statements herein are made subject to the penalties of perjury of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Orl v r 9"im-ri. " GLENNA L. ASH, De endant I hereby certify that on the 9 day of May, 2008, a copy of the foregoing Motion to Refer Alimony Pendente Ute Claim to Domestic Relations was served upon the following individual by first class mail, postage prepaid: Marcus A. McKnight, II, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 ` u rbara Jo ist e, Esquire EXHIBIT "B" JERRY L. ASH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-853 CIVIL TERM GLENNA L. ASH, IN DIVORCE Defendant/Petitioner PACSES Case No: 426110025 ORDER OF COURT AND NOW, this 19th day of June 2008, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 0.00 and the Respondent's monthly net income/earning capacity is $ 3,513.56, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Eight Hundred and 00/100 Dollars ($800.00) per month payable weekly as follows: $ 709.00 per month for Alimony Pendente Lite and $ 91.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is May 13, 2008. Arrears set at $ 1,151.88 as of June 19, 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: Glenna L. Ash. 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 st 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: 50% by the Respondent and 50% 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. This Order considers that the Respondent will continue to make payment on the mortgage of the marital home, where the Petitioner resides, the insurance and real estate taxes on the marital home, and continue to pay the vehicle insurance for the Petitioner's vehicle. . 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: June 20, 2008 to: Petitioner Respondent Barbara J. Entwistle, Esq. Marcus A. KcKnight, lII, Esq. Petitioner's Attorney Respondent's Attorney BY THE COUR Edward E. Guido, J. DRO: R.J. Shadday In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 426110025 Docket Number: 08-853 CIVIL Other State ID Number: Please note: All correspondence must include the PACSES Case Number. JUNE 19, 2008 SUMMARY OF TRIER OF FACT Plaintiff Information GLENNA L. ASH Address: 680 TOWN HILL RD YORK SPRINGS PA 17372-9042 Employer: Attorney: BARBARA J ENTWISTLE Defendant Information JERRY L. ASH Address: 713 GRAHAMS WOOD RD NEWVILLE PA 17241-9716 Employer: ABF FREIGHT SYSTEMS PO BOX 10048 3801 OLD GREENWOOD RD 729 FORT SMITH AR 72917-0048 Attorney: MARCUS A. MCKNIGHT, III, ESQ. ? Complaint for Support ? Petition for Modification Filed ® Other Reason for Conference: WIFE FILED A REQUEST FOR APL ON 5/13/08 Dependent(s) Current Order: $0.00 / per month NEW ACTION Form CM-022 Rev.3 Service TVDe M Wnrkrr in , „,. ASH V. ASH Current Income: -0- Tax Return: P-1 Memel Coverage: Chfid Caree/Tta: Additional 06*ptions: PLTF RESIDES IN THE MARITAL HUB $521.71/M W/ NO ESCROW $107.38/M RE TAMS (' 07_$1288.55) 40.00/M INS (WIFE'S QUOTE) $669.09.M Other Information: PAECSES Case Number: 426110025 $1114.94/WK GROSS FROM YTD(4/26/0$) -57.00/M UNION DUES $3513.56/M NET P-1 HAS COVERAGE FOR BOTH THROUGH THE TEAMSTERS OWES BACK REAL ESTATE TAXES IN THE AMOUNT OF $2898.48 FROM 2005 AND PAYS $150/M ON A LOAN. PAYS WIFE'S CAR INS OF $332.47/A AND HAS BED PAYING THE MORTGAGE 2/25/84- PARTIES WERE MARRIED 12/14/07• PARTIES SEPARATED 2/5/08• HUSBAND FILED FOR DIVORCE IN CUMBERLAND COUNTY 3/4/08• WIFE FILED FOR SPOUSAL SUPPORT IN ADAMS COUNTY. THERE IS A AN ADJUDI- CATION HEARING SCHEDULED FOR 7/10/08 5/13/08. WIFE REQUESTS APL THROUGH THE CUMBERLAND COUNTY DIVORCE. WIFE HAS NOT WORKED FOR 8 YRS SHE HAD A MENTAL BRW DOWN 6-7YRS AGO. SHE IS C TLY BEING TREATED W MEDICATION. SHE SUFFERS FROM A NUM HR OF MENTAL AND PHYSICAL SYMPTOMS INCLUDING MEMORY LOSS. SHE WAS DENIED SSD DUE TO NOT HAVING ENOUGH IN WAGES AND IS APPLYING FOR SSI. Page 2 of 3 Form CM-022 Rev.3 ASH V. ASH PACSES Case Number: 426110025 Other Information (continued): Facts Agreed Upon: HUSBAND HAS BEEN PAYING THE MORTGAGE AND WIFE'S CAR INSURANCE Facts in Dispute and Contentions with Respect to Facts in Dispute: THE PARTIES ARE NOT SURE IF THERE IS HOMEOWNERS INSURANCE ON THE MARITAL HOME WIFE GOT A QUOTE FOR INSURANCE ON THE HOME OF $480.00/A, HOWEVER THE REAL ESTATE TAXES HAVE TO BE PAID IN FULL (??) Guideline Amount: $ 1, 4 0 5.4 2 / MONTH DRS Recommended Amount: $ 7 0 9.0 0 / MONTH DRS Recommended Order Effective Date: 05/13/08 Parties to be Covered by Recommended Order Amount: APL FOR WIFE Guideline Deviation: ® YES or ONO Reason for Deviation: HUSBAND TO CONTINUE TO MAKE PAYMENT ON THE MORTGAGE, TAXES, AND INSURANCE ON THE MARITAL HOME AND TO CONTINUE TO PAY THE CAR INSURANCE ON WIFE'S CAR. Submitted by: R. J. SHADDAY Date Prepared: JUNE 19, 2008 Page 3 of 3 Form CM-022 Rev.3 Service Type M Worker ID 21005 JERRY L. ASH, IN THE COUNT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 0"53 CIVIL TERM GLENNA L, ASH, IN DIVORCE Defendant/Petitioner PACSES Case No: 426110025 The parties are hereby advised that they have until Jute 1.0._2 to request a hearing do novo before the Court. File request in person at: Office of the Prothanotory I Courthouse Sqmwe Carlisle, PA 17013 Or mail to: Officeof the Proth ary 1 Courthouse Square Ca PA 17#13 CC363 JERRY L. ASH, SR., : IN THE COURT OF COMMON PLEAS OF PlaintifVRespondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2008 - 853 CIVIL TERM GLENNA L. ASH, PASCES CASE NO. 426110025 Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Barbara Jo Entwistle, Esq. Pyle & Entwistle 66 West Middle Street Gettysburg, PA 17325 IRWIN & By: Marcus *. McKrp 60 West Po et Street Carlisle, P 17013 (717) 24 2353 Supreme ourt I.D. No Date: June 25, 2008 76 4 S V iii 4- -•.s In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION GLENNA L. ASH ) Docket Number 08-853 CIVIL Plaintiff ) VS. ) PACSES Case Number 426110025 JERRY L. ASH ) Defendant ) Other State ID Number ORDER OF COURT You, GLENNA LAURIE ASH plaintiff/defendant of 680 TOWN HILL RD, YORK SPRINGS, PA. 17372-9042-80 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the AUGUST 12, 2008 at 8: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 ASH PACSES Case Number: 426110025 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: 4 .) -7 -0 3 BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. ASH CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERL comply with the Americans with Disabilities Act of 1 facilities and reasonable accommodations available t( before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. Service Type M Page 2 of 2 AND County is required by law to 990. For information about accessible ) disabled individuals having business 240-6225 . All arrangements must be before the court. You must attend the Form CM-509 Rev, Worker ID 21302 ?'' ? ,. "?, ' L ?, ` '?`_,} ^i,?f'rT7 .r .?? v? G y ..? r.? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION GLENNA L. ASH ) Docket Number 08-853 CIVIL Plaintiff ) VS. ) PACSES Case Number 426110025 JERRY L. ASH ) Defendant ) Other State ID Number ORDER OF COURT You, JERRY LEE ASH plaintiff/defendant of 713 GRAHAMS WOOD RD, NEWVILLE, PA. 17241-9716-13 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the AUGUST 12, 2008 at 8: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 _y ASH V. ASH PACSES Case Number: 426110025 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: h_j 1-a JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. 1 Worker ID 21302 C"'S ?- - r? ? <..) .. ?? 'T') ,?? ? /? ----- t et f ? ?7 , ; --+? C^'.7 ? '.v? t? JERRY L. ASH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GLENNA L. ASH, : PACSES NO. 426110025 Defendant/Petitioner : DOCKET NO. 08-853 CIVIL INTERIM ORDER OF COURT AND NOW, this 14th day of August, 2008, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $1,165.00 per month. B. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $35.00 per month on arrears. C. The Husband is given credit on arrears in the amount of $1,725.00 for direct payments to or for the benefit the Wife. D. The Husband shall provide health insurance coverage for the benefit of the Wife as is available to him through employment or other group coverage at a reasonable cost. E. The effective date of this order is May 13, 2008 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, Edwaravf- uido,. Cc: Glenna L. Ash Jerry L. Ash Barbara J. Entwistle, Esquire For the Defendant/Petitioner Marcus A. McKnight III, Esquire For the Plaintiff/Respondent DRO JERRY L. ASH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION GLENNA L. ASH, : PACSES NO. 426110025 Defendant/Petitioner : DOCKET NO. 08-853 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on August 12, 2008, the following report and recommendation are made: FINDINGS OF FACT 1. The Petitioner is Glenna L. Ash, who resides at 680 Town Hill Road, York Springs, Adams County, Pennsylvania; she will hereafter be referred to as "the Wife." 2. The Respondent is Jerry L. Ash, who resides at 713 Grahams Wood Road, Newville, Pennsylvania; he will hereafter be referred to as "the Husband." 3. The parties were married on February 25, 1984. 4. The parties have no minor children. 5. The Husband moved from the marital residence on December 14, 2007. 6. On February 5, 2008 the Husband filed a complaint for divorce. 7. On May 13, 2008 the Wife filed a claim for alimony pendente lite. 8. The Wife is 45 years of age. 9. The Wife suffered a nervous breakdown approximately eight years ago and continues to suffer from depression and panic attacks. 10. The Wife also suffers from shoulder and arm pain and migraine headaches. 11. The Wife has not been gainfully employed outside the home for eight years. 12. The Wife was last employed part-time as a laborer in a greenhouse earning minimum wage. 13. The Wife applied for public assistance in January, 2007 and received cash assistance through May, 2008. EXHIBIT "A" 14. On or about March 1, 2008 the Wife filed for spousal support in Adams County. 15. On July 24, 2008 an order of spousal support in the amount of $709.00 per month was entered for the period of March 1, 2008 through May 12, 2008 by the Court of Common Pleas of Adams County. 16. The Wife continues to reside in the marital residence. 17. The residence is encumbered by a mortgage with a monthly payment obligation of $522.00. 18. The Husband made the mortgage payments for May and June. 19. Current real estate taxes on the residence have not been paid. 20. The Husband is employed as a driver by ABF Freight System, Inc. 21. The Husband has earned $30,704.00 through the pay period ending June 28, 2008. 22. The Husband earned $62,765.00 in 2007. 23. The Husband has union dues of $58.00 per month. 24. The Husband pays $150.00 per week on a loan taken out by the parties in 2007 to consolidate marital debt. 25. The Husband pays $665.00 annually for the Wife's automobile insurance coverage. 26. The Husband has been making sporadic payments to the Adams County Tax Claim Bureau for past years' unpaid real estate taxes on the marital residence. 27. The Husband paid $350.00 on April 22, 2008 and $331.00 on May 5, 2008 on an unpaid fuel oil bill for the marital residence. 28. The Husband will file his 2008 federal income tax return as married/separate. DISCUSSION In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) 2 (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning parry; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). The Wife suffers from a variety of problems, both physical and psychological. She has not been gainfully employed for eight years, seven of which she and the Husband resided together. In the opinion of this Master she has no present earning capacity and is entitled to an award of alimony pendente lite. The Husband has average gross monthly income of $5,117.00. Filing his federal income tax return as married/separate and deducting his union dues from his gross income, the Husband has net monthly income for support purposes of $3,667.00. With no minor children and the incomes as set forth above, the Husband's guideline support obligation is $1,467.00 per month.' The Wife, who resides in the marital residence has the obligation to pay the $522.00 per month mortgage payment. She is entitled to an upward adjustment in the support obligation of $78.00 per month pursuant to Pa. R.C.P. 1910.16-6(e). The Husband has requested credits for certain payments made and a deviation in the support obligation. He made the mortgage payments for the months of May and June. He is entitled to a credit on arrears of $1,044.00 for these payments. He made payments totaling $681.00 for fuel oil at the marital residence in late April and early May. Although these payments were made before the filing of the petition for alimony pendente lite, a spousal support order was in place when they were made. A credit of $681.00 is fair and equitable ' See Exhibit "A" for the calculation. under the circumstances. The Husband has made payments towards overdue real estate taxes on the marital residence. In the opinion of this Master these payments are best handled in equitable distribution proceedings. The Husband pays $150.00 per week on marital debt which predates the separation. This is a basis for deviation in the support order pursuant to Pa. R.C.P. 1910.16-5(b)(1). Because both parties are liable for this debt, a downward deviation equal to one-half of the payments, or $75.00 per week, will be made in this support obligation. The Husband pays $665.00 per year for automobile insurance for the Wife's vehicle. A downward deviation of $55.00 per month will be made for this payment. After the adjustment for the mortgage and the deviation for payments made by the Husband, the alimony pendente lite obligation will be set at $1,165.00 per month. RECOMMENDATION A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $1,165.00 per month. B. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $35.00 per month on arrears. C. The Husband is given credit on arrears in the amount of $1,725.00 for direct payments to or for the benefit the Wife. D. The Husband shall provide health insurance coverage for the benefit of the Wife as is available to him through employment or other group coverage at a reasonable cost. E. The effective date of this order is May 13, 2008. Date Michael R. Rundle Support Master 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Glenna L. Ash Defendant Name: Jerry L. Ash Docket Number: 08-853 Civil PACSES Case Number: 426110025 Other State ID Number: Tax Year: Current: 2008 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Separately Single 3. Who Claims the Exemptions Obli gee 4. Number of Exemptions 1 1 5. Monthly Taxable Income $5,117.30 - 6. Deductions Method 7. Deduction Amount $454.17 $454.17 8. Exemption Amount $291.67 $291.67 9. Income MINUS Deductions and Exemptions $4,371.46 -$745.84 10. Tax on Income $788.18 _ 11. Child Tax Credit _ _ 12. Manual Adjustments to Taxes - _ 13. Federal Income Taxes $788.18 _ 13 a. Earned Income Credit _ _ 14. State Income Taxes $161.71 - 15. FICA Payments $391.47 - 16. City Where Taxes Apply 17. Local Income Taxes $51.17 - TOTAL Taxes $1,392.53 - SupportCak 2007 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Glenna L. Ash Defendant Name: Jerry L. Ash Docket Number: 08-853 Civil PACSES Case Number: 426110025 Other State ID Number: 1. Obligor's Monthly Net Income $3,666.77 2. Less All Other Support - 3. Less Obligee's Monthly Net Income - 4. Difference $3,666.77 5. Less Child Support Obligation for Current Case - 6. Difference $3,666.77 7. Multiply b 30% or 40% 40.00% 8. Income Available for Spousal Support $1,466.71 9. Adjustment for Other Expenses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,466.71 Prepared b : mrr Date: 8/13/2008 SupportCak 2008 EXHIBIT "B" r-a ? ?T'?t S? JERRY L. ASH, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GLENNA L. ASH, PACSES NO. 426110025 Defendant/Petitioner DOCKET NO. 08-853 CIVIL INDEX OF EXHIBITS Petitioner's Exhibit No. 1 - DPW employability assessment form Petitioner's Exhibit No. 2 - DPW employability assessment form Petitioner's Exhibit No. 3 - Spousal support order Petitioner's Exhibit No. 4 - Notice of mortgage deficiency Petitioner's Exhibit No. 5 - Not admitted Petitioner's Exhibit No. 6 - Incomes and expense statement Respondent's Exhibit No. 1 - Income and expense statement Respondent's Exhibit No. 2 - 2007 W-2 Respondent's Exhibit No. 3 - Earnings statement Respondent's Exhibit No. 4 - Earnings statement Respondent's Exhibit No. 5 - Automobile insurance payments Respondent's Exhibit No. 6 - Payments to Tax Claim Bureau Respondent's Exhibit No. 7 - Expenses r . '* PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE EMPLOYABILITY ASSESSMENT FORM RECORD NAME: IDENTIFICATION CO. RECORD NO. DIST PLEASE PRINT OR WRITE CLEARLY. BE SURE TO SIGN YOUR NAME AND DATE THIS FORM IN THE APPROPRIATE SPACE BELOW. NAME: BIRTHDATE SOCIAL SECURITY NO.: ?rtte ?t ??`=J , N i/- / -(° 9- c',, S" ,r 711 ADDRESS TELEPHONE NUMBER: ,1 .1 ^ J ZIP CODE BRIEFLY EXPLAIN WHY YOU BELIEVE YOU CANNOT WORK: c? r ? .,u ?- 1 HEREBY AUTHORIZE ALL MEDICAL PROVIDERS TO RELEASE ANY MEDICAL INFORMATION THAT IS RELATED TO MY EMPLOYABILITY TO THE PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE. THE INFORMATION OBTAINED WILL BE USED ONLY FOR PURPOSES RELATED TO AN ASSESSMENT OF MY ABILITY TO WORK AND MY ELIGIBILITY FOR PUBLIC ASSISTANCE. (SIGNATURE) PUBLIC ASSISTANCE APPLICANT/RECIPIENT PRINT NAME DATE AFTER YOU HAVE COMPLETED THIS SECTION, ARRANGE FOR AN APPOINTMENT WITH A LICENSED PHYSICIAN (MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHY) OR PSYCHOLOGIST. GENERAL ASSISTANCE BENEFITS OR AN EXEMPTION FROM TANF WORK REQUIREMENTS CANNOT BE AUTHORIZED FOR YOU UNTIL THE FULLY COMPLETED FORM IS RETURNED TO THE COUNTY ASSISTANCE OFFICE WORKER. RETURN TO: PETITIONER's EXHIBIT ku-or w i PA 1663 11/03 The information on this form will be used by DPW to make an assessment of your patient's qualification for GA benefits or an exemption from TANF work requirements based on his or her inability to work. Please complete this section based on your evaluation of the patient's statement in Section 1, your examination of the patient, and your use of other medical procedures. SMPLOMABILITY (Check Only Ones 1. ? PERMANENTLY DISABLED - Has ? physical or mental disability which permanently precludes any gainful employment. The patient is a candidate for Social Security Disability or SSI. 2. ? TEMPORARILY DISABLED - 12 MONTHS OR MORE - Is currently disabled due to a temporary condition as a result of an injury or an acute condition and the disability temporarily precludes any gainful employment. The temporary disability began and is expected to last until DATE DATE The patient may be a candidate for Social Security Disability or SSI benefits. 3. © TEMPORARILY DISABLED - LESS THAN 12 MONTHS - Is currently disabled due to a temporary condition as a result of an injury or an acute condition and. the disability temporarily precludes any gainful employment. The temporary disability began and is expected to last until T-1 .` /,9 . T DATE DATE 4. ? EMPLOYABLE - The patient's physical and/or mental condition is such that he or she can work. 00AWAY10M R* LTS:.(Both ports of this Section. Must Be Completed-if #'1. or #2 above is Checked. If not completed, the client will be ineligible for GA or wiR not.b?e exempt from TAINf work requirements.) 1. DIAGNOSIS (Primary and Secondary):,ti? PRIMARY: SECONDARY: L ll y?`, ?'' Mr ?[ r-,Zy.+? p ??{2es y9??! `F'"? /v' J ? ? ?r" Vey. V 1 2. ASSESSMENT BASED UPON: (Check all thapp, A PHYSICAL EXAMINATION ? D. APPROPRIATE TESTS AND DIAGNOSTIC PROCEDURES 2--B. REVIEW OF MEDICAL RECORDS ? E. OTHER (Specify) ? , /- CLINICAL HISTORY AS A LICENSED MEDICAL PROVIDER, I CERTIFY THAT I HAVE READ AND COMPLIED WITH THE ATTACHED INSTRUCTIONS AND THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE. I FURTHER CERTIFY THAT MY DIAGNOSIS AND ASSESSMENT ARE BASED SOLELY ON THE PATIENT'S CONDITION AS DETERMINED BY MY EXAMINATION. I UNDERSTAND AND AGREE THAT MY DIAGNOSIS AND SUPPORTING DOCUMENTATION MAY BE SUBJECT TO REVIEW BY THE DEPARTMENT OF PUBLIC WELFARE. MEDICAL PROVIDER (PRINT NAME) ( 1)1A t I)f 7 4 1 TELEPHONE ? 11, ..¢_ilk f1,,i ADDRESS: SIGNATURE MEDICAL ASSI PROVI R NO. DATE PA 1663 11/03 l ADAMS CAO PO BOX 4446 225 SOUTH FRANKLIN ST GETTYSBURG, PA 17325-4446 (717) 334-6241 CASE IDEN TIFICATI ON CO RECORD NUMBER CAT CSLD DIST 01 0070229 D ? 0027 0 RECORD NAME DATE GLENNA L. ASH 06/09/2008 WORKER: MR. M. KLUNK SECTION PLEASE PRINT OR WRITE CLEARLY. BE SURE TO SIGN YOUR NAME AND DATE THIS FORM IN THE APPROPRIATE SPACE BELOW. NAME: BIRTHDATE: SOCIAL SECURITY NO.: GLENNA L. ASH 11/07/1962 206 58 1974 ADDRESS: TELEPHONE NUMBER: 680 TOWN HILL ROAD 717-528-8983 ZIP CODE YORK SPRINGS, PA 17372 BRIEFLY EXPLAIN WHY YOU BELIEVE YOU CANNOT WORK: n -?'?-? t Sfirzsb ??1 e,- U &,! 3C ?- r b rte: s1 naJof-?Y4-(-? f/*-W-SL.,?VA).,?(-)"LCL/,)-i4ic ks Y\s.? ?- - n L SIBG Er-S 1 ?a?, - r ? ; L v Cecs 1 HEREBY AUTHORIZE ALL MEDICAL PROVIDERS TO RELEASE ANY MEDICAL INFORMATION THAT IS RELATED TO MY EMPLOYABILITY TO THE PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE. THE INFORMATION OBTAINED WILL BE USED ONLY FOR PURPOSES RELATED TO AN ASSESSMENT OF MY ABILITY TO WORK AND MY ELIGIBILITY FOR PUBLIC ASSISTANCE. x. agzX144-le. Q2162p?, 6L L- - A--, k (-'a-to - 6-a (SIGNATURE) PUBLIC ASSISTANCE APPLICANT/RECIPIENT PRINT NAME DATE AFTER YOU HAVE COMPLETED THIS SECTION, ARRANGE FOR AN APPOINTMENT WITH A LICENSED PHYSICIAN (MEDICAL DOCTOR OR DOCTOR OF OSTEOPATHY), PHYSICIAN'S ASSISTANT, CERTIFIED REGISTERED NURSE PRACTITIONER, OR PSYCHOLOGIST. GENERAL ASSISTANCE BENEFITS CANNOT BE AUTHORIZED FOR YOU UNTIL THE FULLY COMPLETED FORM IS RETURNED TO THE COUNTY ASSISTANCE OFFICE WORKER. RETURN TO: MEMO, PETITIONER'S EXHIBIT The information on this form will be used by Department of Public Welfare (D your patient's qualification for GA benefits based on his or her inability to r . Please c based on your evaluation of the patient's statement in Section I, your ipation of the of other medical procedures. i A sment of is section id your use t 191* 0") 1. ? PERMANENTLY DISABLED - Has a physi I or mentg?_rliialsit which nermanentiv precludes any gainful employment. The patient 1 n idate for Social Security Disability or SSI. 2. ? TEMPORARILY DISABLED - 12 MONTHS OR MORE - Is currently disabled due to a temporary condition as a result of an injury or an acute condition and the disability temporarily precludes any gainful employment. The temporary disability began DATE and is expected to last until DATE The patient may be a candidate for Social Security Disability or SSI benefits. 3. n TEMPORARILY DISABLED - LESS THAN 12 MONTHS - Is currently disabled due to a L?/temporary condition as a result of an injury or an acute condition and the disability temporarily precludes any gainful employment. The temporary disability began and is expected to last until 4. ? EMPLOYABLE -The patient's physical and/or mental condition is such that he or she can work. A LT : (Both of, Sethi Mu B?r• C? i#' #1 dr ' Ob,Vft, iiv e cecl. tf-rlcf,?, the tl?will be k16fi9%1* ftw GA.`) 1. DIAGNOSIS (Primary and Secondary): PRIMARY 4d? s e. A? S~ SECONDARY: "'r4f 2. ASSESSMENT BASED UPON/:{ (Check all that apply) ?^A. PHYSICAL EXAMINATION ? D. APPROPRIATE TESTS AND DIAGNOSTIC PROCEDURES [a'-B. REVIEW OF MEDICAL RECORDS ? E. OTHER (Specify) CLINICAL HISTORY AS A LICENSED MEDICAL PROVIDER, I CERTIFY THAT 1 HAVE READ AND COMPLIED WITH THE ATTACHED INSTRUCTIONS AND THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE. I FURTHER CERTIFY THAT MY DIAGNOSIS AND ASSESSMENT ARE BASED SOLELY ON THE PATIENT'S CONDITION AS DETERMINED BY MY EXAMINATION. 1 UNDERSTAND AND AGREE THAT MY DIAGNOSIS AND SUPPORTING DOCUMENTATION MAY BE SUBJECT TO REVIEW BY THE DEPARTMENT OF PUBLIC WELFARE. 7 MEDICAL PROVIDER (PRINT NAME): arc TELEPHONE NO. ,? " ' `'Urltiown Rd. _ewisL-rry PLC 17339 ADDRESS: l MEDICAL ASSISTANCE PROVIDER NO. DATE PA 1663 (SG) 8/07 Y 1., a N PLEASE READ INSTRUCTIONS BEFORE COMPLETING FORM COMPLETION INSTRUCTIONS - EMPLOYABILITY ASSESSMENT FORM (PA 1663) An individual with a physical or mental disability which temporarily or permanently precludes him or her from any gainful employment may be eligible for General Assistance (GA). This form must be completed to document the disability. To implement these requirements, we are asking you to complete this form for an applicant for public assistance. Who may complete assessment: The assessment may be performed only by a licensed physician, physician's assistant, certified registered nurse practitioner, or psychologist. Who signs the form: Only the individual who performed the employability assessment may sign the form. The signature must be original or the form will be invalidated. Signature or clinic stamps, labels, and other facsimilies are not acceptable. General form completion requirements: The information on the form and attachments must be complete and legible. The inability of county staff to read your material will result in the client's application being delayed and the form being returned to you for clarification. If possible, the form and any attachments should be typed. If all questions are not answered fully, the client's application will be delayed and the form returned to you for completion. EMPLOYABILITY SECTION Permanently Disabled: Check this block if the client should be considered permanently disabled and, therefore, unable to work. When making this determination, you must consider whether the client is unable to engage in any gainful employment by reason of any medically determinable physical or mental impairments. A medically determinable physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques. A physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings, tg only by the individual's statement of symptoms. Temporarily Disabled: There are two blocks for use in evaluating a client who is temporarily disabled - one for a client whose disability is expected to last 12 months or more, and one for a client whose disability is expected to last less than 12 months. Check the appropriate block if the client has an injury or condition that temporarily prevents the client from working in any gainful employment. Once the injury or ailment is resolved, the client can work. The date shown is when the temporary disability is expected to end. A client whose disability is expected to last 12 or more months may be a candidate for Social Security Disability or SSI benefits. Employable: Check this block if, based on your examination, it is not appropriate to check either the Permanently or Temporarily Disabled blocks. EXAMINATION RESULTS SECTION This section must be fully completed so that it clearly establishes the basis for your decision that the client is either temporarily or permanently disabled. Simply providing a diagnosis is not sufficient. You must provide information about the basis for your diagnosis and assessment. Further, documentation sufficient to support your decision, for example medical records, X-rays, and lab reports, must be available for further review if required. Questions: Contact your local County Assistance Office PA 1663 (SG) 8/07 r In the Court of Common Pleas of ADAMS County, Pennsylvania DOMESTIC RELATIONS SECTION GLENNA L. ASH ) Order Number 07-DR-00718 Plaintiff ) vs. ) PACSES Case Number 319109697 JERRY L. ASH ) Docket Number 07-DR-00718 Defendant ) Other State ID Number ORDER OF COURT 0 Final 0 Interim 0 Modified AND NOW, 24TH DAY OF JULY, 2008 based upon the Court's determination that the Payee's monthly net income is $ 0.00 and the Payor's monthly net income is $ 3, 513.56 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit zero Dollars ($ o . oo ) a month payable monthly as follows: first payment due See page 3, Other Conditions. The effective date of the order is 03/01/08 . Arrears set at $ 1697.72 as of JULY 24, 2008 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reportiN, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name Birth Date Glenna Laurie Ash 11/07/62 PETITIONER'S EXHIBIT Service Type M 7??1 f a? Lo< J 8'y?.•o? F %Q Y ? ASH V. ASH PACSES Case Number: 319109697 The defendant owes a total of $ 0.00 per month payable monthly ; $ 0.00 for current support and $ o . o o for arrears. The defendant must also pay fees/costs as indicated below. This order is allocated and monies are to be applied as follows: Frequency Codes: 1 =One Time M =Monthly Payment Amount / Frequency Debt Type Description Beneficiary $709.00 / M SPOUSAL SUPPORT GLENNA LAURIE ASH $0.00 / from 3/1/08-5/12/08 $ 0.00 / $ 0.00 de-Om danf r5 fa -'pl M,e I IN- 50 cou ill Cos $ 0.00 / fa fk Adaw-5 C0?,nt ofl??nofl?? wif??? e?4 $0-00 / S of oe D(aae thts Order. y ?y $0.00 $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / Said money to be turned over by the Pa SCDU to: GLENNA LAURIE ASH Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Service Type M Page 2 of 4 Form OE-518 Rev.5 Worker ID 01103 V a ASH V. ASH PACKS Case Number: 319109697 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for each child and/or spouse. Unreimbursed medical expenses of the obligee or children 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 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: 50 % by defendant and 5 0 % by plaintiff. Q Defendant Q Plaintiff ® Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Q Plaintiff Q Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of : 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditions: This. Order stems from a hearing de novo held 7/10/08. Parties agreed to a spousal sport amount of $709 per month as ordered in the Alimony Pendente Lite action in Cumberland County which is currently scheduled for a hearing de novo. The guideline amount of $1402 is reduced by defendant paid expenses--mortgage payment, taxes, house insurance & plaintiff's vehicle insurance. Parties agreed for this order to remain in effect until a final order is entered on the APL case but collect support through the APL case only. However, per Pa R.C.P 1910.16-1(c), simultaneous APL & spousal support obligations can't be in effect at the same time, thus spousal support is terminated 5/12/08, the day before the APL obligation was established. Arrears on this case totalling $1697.72 are to be privately paid to plaintiff or her attorney no later than 10/31/08. Case remains open and subject to review pending a final order on the APL action. Defendant shall pay the following fees: Fee Total Fee Description $ 104 .50 for initial filing fees $ 0.00 for $ 0.00 for $ 0.00 for $ 0.00 for Service Type M Payment Frequency Payable at $ 104 . 50 Payable at $ 0 . oo Payable at $ 0 . oo Payable at $ 0 . oo Payable at $ 0 . o o Page 3 of 4 perone time per per per per Form OE-518 Rev.5 Worker ID 01103 + r ASH V- ASH PACSES Case Number: 319109697 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAYBE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A. JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by 1o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties . Consented: Date Plaintiff Defendant Plaintiff's Attorney Defendant's Attorney BY THE COURT: 24TH DAY OF JULY, 2008 Date Service Type M ROBERT G. BIGHAM Page 4 of 4 Form OE-518 Rev.5 Worker ID 01103 Judge Ciffinancial 950 Walnut Bottom Rd., Ste 16 Carlisle PA 1701S Ciffinancial Date: g H - ©e Dear L . ? !ate 1-1 a Citi We have tried unsuccessfully to contact you about the payment due on your account. This payment was due on "-t ? - O8 We are sure you know the advantages of maintaining a good credit record. Payment on the date due also permits you to avoid additional charges. Please send us your remittance in the amount of y (which includes any applicable late charges) so it will reach our office no later than There may be some reason why it is difficult or even impossible to send your payment now, If so, call us or visit our office and we will help you work out a satisfactory solution. We are anxious to help you maintain your credit rating and will be glad to assist you in any way possible. Thank you. Sincerely yours, I-Q Branc pager T25 -0;r . T 717 249 9566 F 717 249 3997 Toll Free 877 596 3907 In the Court of Common Pleas of County, Pennsylvania Phone: Fax: A n n I-s Docket Number Plaintiff ) vs. ) PACKS Case Number 0 0 v? y Defendant ) Other State ID Number Please note: All correspondence must include the PACSES Case Number. Income Statement THIS FORM MUST BE FILLED OUT AND YOU MUST PROVIDE DOCUMENTS TO SUPPORT ALL AMOUNTS PROVIDED IN THIS INCOME STATEMENT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears below.) INCOME STATEMENT OF la n & /- (Name) (Passes Number) I verify that the statements made in this Income Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2UL4 & A Plaintiff or Defendant INCOME Employer: V p n e Address: Type of Work: Payroll Number: Pay Period (weekly, biweekly, etc): Gross Pay per Pay Period $ Itemized Payroll Deductions: Federal Withholding $ FICA Local Wage Tax State Income Tax Mandatory Retirement Union Dues PETITIONER'S Health Insurance EXHIBIT Other (specify) L Net Pay per Pay Period: Service Type Form IN-008 Rev. 2 Worker ID .r i ti Income Statement (Continued) Other Income: 0 n 2 Week Interest $ Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Other TOTAL INCOME PROPERTY OWNED Description Checking accounts Savings accounts Credit Union Stocks/bonds Real Estate Other Total INSURANCE Company Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other PACSES Case Number Month Year (Fill in Appropriate Column) Ownership* Value H W J Coverage* Policy No. H W C *H=Husband; W=Wife; J=Joint; C=Child Page 2 of 3 Form IN-008 Rev. 2 Service Type Worker ID Income Statement (Continued) PACKS Case Number SUPPLEMENTAL INCOME STATEMENT (You only need to complete the below portion if you are self-employed or if you are salaried by a business of which you are owner in whole or in part) (a) This form is to be filled out by a person (check one): ? (1) who operates a business or practices a profession, or ? (2) who is a member of a partnership or joint venture, or ? (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and telephone number: (d) Nature of business (check one) ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (5) other (f) Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specific deductions, if any: Page 3 of 3 Form IN-008 Rev. 2 Service Type Worker ID Expense Statement EXPENSE STATEMENT OF h ??ennU ?~sh 4A011 ooaJ? (Name) (Pacses Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: fs / o?? 1?4?11 I co 1?uo--=, Plaintiff or Defendant EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT HOME Mortgage or Rent Maintenance Lawn Care 2nd Mortgage UTILITIES Electric Gas Oil Telephone Cell Phone Water Sewer Cable TV Internet Trash/Recycling EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT Medical Medical Insurance Doctor Dentist Ho s ital Medication Counseling/Therapy Orthodontist Special Needs (glasses, etc.) EDUCATION Tuition Tutoring Lessons Other EXPENSES IMONTHLY `MONTHLY IMONTHLY Automobile EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT PERSONAL Debt Service Clothing Groceries Haircare Memberships MISCELLANEOUS Child Care Household Help Summer Cam Papers/Books/Magazines Entertainment Pet Ex enses Vacations Gifts Legal Fees/Prof. Fees ZL0d Charitable Contributions Children's Parties Children's Allowances Other Child Support Alimony Payments TOTAL MONTHLY EXPENSES ?l In the Court of Common Pleas of ADAMS County, Pennsylvania DOMESTIC RELATIONS SECTION COURTHOUSE, RM #6, 111 BALTIMORE ST, GETTYSBURG, PA. 17325-2385 Phone: (717) 337-9804 JANUARY 3, 2008 Fax: (717) 334-3440 GLENNA L. ASH ) Docket Number Plaintiff ) vs. ) PACSES Case Number JERRY L. ASH ) Defendant ) Other State ID Number Please note: All correspondence mast include the PACSES Case Number (Name) (Pacses Number) I verify that the statements made in this Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn fal 'fication to authorities. Date. Plaintiff VefendadPr Instructions: Guidelines Expense Statement - This form should only be completed when: 1) You are requesting an adjustment to the amount of support pursuant to Rule 1910.16-5 because of unusual needs and unusual fixed obligations, other support obligations, medical expenses not covered by insurance, or any other relevant factors, or 2) You are requesting that the other party share in the following expenses pursuant to Rule 1910.16-6: child care expenses, health insurance premiums, unreimbursed medical expenses, private school tuition, summer camp, or other needs, or mortgage payment. You must provide documents to support all amounts provided in this Expense Statement Service Type M'-" Weekly Monthly Yearly ( Fill in Appropriate Column) Mortgage (including real estate taxes and homeowner's insurance) or Rent $ `s `" Gf c`7 ?; ?? +a t C r r 17 $ a k ' $ Health Insurance Premiums ' Unreimbursed Medical Expenses: Doctor Dentist Orthodontist Hospital Medicine ' • Special Needs (glasses, braces, orthopedic devices, therapy) l ??` ?•)?? Vd Guidelines Expense Statement EXPENSE STATEMENT OF 07-DR-00718 319109697 l Form IN-008 Rev. 2 Worker ID 01103 Guidelines Expense Statement (Continued) PACSES Case Number 319109697 Weekly Monthly Yearly Child Care Private School Parochial school Loans/Debts Irvt ,°_? , - M c ;;. Support of Other Dependents: Other child support Alimony payments Other: (Specify) '? 9(= JI no ? Total 1Oh, tlrD??P? 4 ??1Q v,s?r f`?.?+.,r -ot fy? 400, ??r it 4"It r l.rJ a lv 3 r z., Rag?.? nf?2"'w ., Service Tyne M ? r r Form IN-008 Rev. 2 Worker ID 01103 In the Court of Common Pleas of ADAMS County, Pennsylvania DOMESTIC RELATIONS SECTION COURTHOUSE, RM #6, 111 BALTIMORE ST, GETTYSBURG, PA. 17325-2385 Phone: (717) 337-9804 DECEMBER 27, 2007 Fax: (717) 334-3440 GLENNA L. ASH ) Docket Number 07-DR-00718 Plaintiff ) VS. ) PACSES Case Number 319109697 JERRY L. ASH ) Defendant ) Other State ID Number Please note: All correspondence must include the PACSES Case Number. Income Statement THIS FORM MUST BE FILLED OUT AND YOU MUST PROVIDE DOCUMENTS TO SUPPORT ALL AMOUNTS PROVIDED IN THIS INCOME STATEMENT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears below.) STATEMENT OF (Name) (PACSES Number) I verify that the statements made in this Income Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: I - l / 7- yI Plaintiff or 'Defendant INCOME Employer: Address: 01C Type of Work: c i Payroll Number: Pay Period (weekly, biweekly, etc): Gross Pay per Pay Period Itemised Payroll Deductions: Federal Withholding FICA ti Local Wage Tax State Income Tax Mandatory Retirement Union Dues Health Insurance Other (specify) ot? . ?°i4y 9A. Pay per Pay Period: `pc'p W PA LSD' Service TYK Q F6? %N?S D4? ??6?0?' Yee $ 91M 90 0 150.00 o" 4 Utu o,v fives 7YD •? oPar m? ?,??4 ??? Pec' wee?t- ?2.6b $ Form IN-008 Rev. 2 Worker ID 01203 Income Statement (Continued) PACSES Case Number 319109697 Other Income: /' Week Month Year (Fill in Appropriate Column) Interest $ $ Dividends Pension Distributions ?- Annuity Social Security Rents -? Royalties _ Unemployment Comp. ? ?---- _ Iorkcrs Comp. -' _ ??-- Employer Fringe Benefits _ 41 Other Get -.7 0, fr TOTAL INCOME $ PROPERTY OWNED Checking accounts Savings accounts Credit Union Stocks/bonds Real Estate Other INSURANCE Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other Ownership * Description Value H W J $ ,30,0 o s-- Total $ i50 011sr FeArew-+» aralt Caxltgn Company Policy No. ?14 ;L) sr. A ,y P?QiYI P?P,S *H = Husband; W = Wife; J =Joint; C = Child Coverage* H W C Page 2 of 3 Form IN-008 Rev. 2 Service Type M Worker ID 01203 Income Statement (Continued) PACSES Case Number 319109697 SUPPLEMENTAL INCOME STATEMENT (You only need to complete the below portion if you are self-employed or if you are salaried by a business of which you are owner in whole or in part) (a) This form is to be filled out by a person (check one): ? (1) who operates a business or practices a profession, or ? (2) who is a member of a partnership or joint venture, or ? (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and telephone number: (d) Nature of business (check one) ? (1) partnership ? (2) joint venture ? (3) profession [] (4) closed corporation ? (5) other (f) Annual income from business: _ (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specific deductions, if any: _ Page 3 of 3 Form IN-008 Rev. 2 Service Type M Worker ID 01203 OMB No. 1585-00 08 16-0331600 Department of the Trees ur --Internal Revenue Service OMB No. - Department of the Tr easur --Internal Revenue Service 1 Wages, tips, other compensation 2 Federal income tax withheld This information is bein` 1 Wages, tips, other compensation 2 Federal income tax withheld This information le being (? 765.28 6,428.29 Revenue furnished to Servicethe. If Intor.,. you 62 765.28 6r428.29 furnished to 3 Social security wages 8 Social security tax withheld are required to file A tax 3 Social security wages 8 Social security tax withheld the Internal 62,765.28 3,891.47 return, oreeih r sanction 62,765.28 3,891.47 Revenue Servics 5 Medicare wages and tips 6 Medicare tax withheld may be impea.d on you 5 Medicare wages and tips 6 Medicare tax withhold • 62,765.28 910.10 d t p income a taxable and you fail to report rt. 62,765.28 910.10 c. Employer's name, address, and ZIP code c Employer's name, address, and ZIP code ABF FREIGHT SYSTEM, INC. ABF FREIGHT SYSTEM, INC. P. 0. BOX 10048 P. 0. BOX 10048 3801 OLD GREENWOOD ROAD 3801 OLD GREENWOOD ROAD FORT SMITH, AR 72917 0048 FORT SMITH, AR 72917 0048 7 Social security tips 8 Allocated tips 8 Advance EIC payment 10 Dependent care benefits 11 Nenqualified plans 12a See instructions for box 12 Code Code 12b Cede 12c Code 12d b Employer identification number a Employee's social security number 71-0249444 192-50-5324 13 Statutory Retirement Third-party 18 Other employe plan sick pay X e tmpayers name, address, And cnr Code ASH, JERRY L 680 TOWN HILL RD 7 Social security tips 8 Allocated tips 0 Advance EIC payment 10 Dependent care benefits 11 Nonqualified plans 12a See instructions for box 12 Code Coda 12b Code 12 C Code 12d b Employer Identification number a Employee's social security number 71-0249444 192-50-5324 13 Statutory Retirement Third-party 18 Other employee plan sick pay X e tmpioyee•s name, address, and Lit' code ASH, JERRY L 680 TOWN HILL RD YORK SPRINGS PA 17372 YORK SPRINGS PA 17372 15 State Employer's state ID number 16 State wages, tips, etc. 15 to Employer's state ID number ff Staft wages, tips, etc. FORM PA 71-024 944 62,765.28 FORM PA 71-024 944 62 765.28 W-2 --- ---------- --------- -- W-2 - -- ---------- - - - , _ - - - Wage and Tax 17 State income tax 18 Local wages, tips, etc. Wage and Tax 17 State income tax 18 Local wages, tips, etc. Statement -1,926.93 _ _--_- _ Statement -___ 1,926.93 _ ---_------- 2007 18 Local income tax 20 Locality name 2007 19 Local income tax :0 Locality name Copy B To 8e Filed with - - - - - - - - - - - - - _ _ Copy C For Employee's Records. (See Notice to Employee on - - - - - - - - - - - - - - - - - Employee's Federal Tax Return. back of Co B) py . e • ? I t If a • ABF FREIGHT SYSTEM INC. P. 0. BOX 10048 ***-**-5324 ASH, JERRY L 713 GRAHAMS WOOD RD NEWVILLE PA 17241 9716 STA #: 042 CO #: 03 ICC #: 4222 CHECK #: DIR DEP PAY PERIOD ENDING 07-12-2008 FORT SMITH, AR 72917 FED. FILING STATUS ADD W /H STATE FILING STATUS ADD W H: S 00 - 20.00 M 02 EARNINGS - ? TAXES DESCRIPTION RATE HRS CURRENT YTD DESCRIPTION TAXBL YTD TAXBL W /H YTD WIN REGULAR OVERTIME DOUBLE TIME SICK PAY VACATION HOLIDAY TOTAL 22.720 30.00 681.60 2.17 73.95 8.00 181.76 40.17 937.31 21,526.74 5,027.64 807.92 1,264.32 2,831.24 1,485.52 32,943.38 FED FICAO FICAH PA42 WEST SHORE PA LST PA UNEMP 937.31 937.31 937.31 937.31 937.31 937.31 937.31 32,943.38 32,943.38 32,943.38 32,943.38 32,943.38 32,943.38 32,943.38 174.02 58.11 13.59 28.78 9.37 1.00 .84 5,079.52 2,042.48 477.67 1,011.35 329.42 31.00 29.64 AFTER-TAX' DEDUCTIONS DESCRIPTION CURRENT YTD CR D7T INION I" 4 01 00 IMPUTED INCOME UNION DUES T 31 188 . 4 564 93 DESCRIPTION CURRENT YTD SUPPOR . . r PRE-TAX DEDUCTIONS CREDITS DESCRIPTION CURRENT YTD PAY SUMMARY DESCRIPTION GR OSS-TO-NET GROSS TAXES AFTER-TAX DED -285.71 7338.31 937.31 -624.02 DEFERRED :COMPENSATION _ NET PAY 313.29> DESCRIPTION CURRENT YTD A0057• ABF FREIGHT SYSTEM, INC. f P. 0. BOX 10048 f FORT SMITH, AR 72917 DEPOSIT DATE: 07-24-2008 CHECK #: DIR DEP Thank you for using direct deposit. Your net pay was deposited direct to your bank account. Bank: PNC Account #: ***SUPPRESSED •'* Amount: $******313.29 ASH, JERRY L 713 GRAHAMS WOOD RD NEWVILLE, PA 17241 9716 F- -I RESPONDENT'S EXHIBIT VOID Allstate Indemnity Company WAllstate. You're in good hands. AMENDED Select Auto Policy Declarations Summary NAMED INSURED(S) YOUR ALLSTATE AGENT IS YOUR BILL Jerry L Ash Jannene Miller Agy lists your payment options. 713 Graham Wood Road (717) 766-0951 Newville PA 17241-9716 6415 Carlisle Pike Mechanicsburg PA 17050 POLICY NUMBER POLICY PERIOD 9 18 604671 08/16 Feb. 16, 2008 to Aug. 16, 2008 at 12:01 a.m. standard time DRIVER(S) LISTED DRIVER(S) EXCLUDED Jerry Glenna None VEHICLES COVERED VEHICLE ID NUMBER LIENHOLDER 1. 97 Buick Skylark 1G4NJ52T6VC422945 None 2. 88 Chevrolet Nova lYlSK5143JZ015120 None Total Premium Premium for 97 Buick Skylark $271.74 Premium for 88 Chevrolet Nova $332.47 TOTAL $604.21 Your total premium reflects a combined discount of $255.17 ? Your total premium reflects a combined surcharge of $0.00 Your Policy Effective Data is fob. 16, 2008 IN ACCORDANCE WITH SECTION 1725 OF THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW, THIS IS TO INFORM YOU THAT COLLISION DAMAGE TO A RENTAL VEHICLE WILL BE COVERED IF: 1) THE RENTAL VEHICLE IS A FOUR WHEEL PRIVATE PASSENGER AUTOMOBILE OR A UTILITY AUTOMOBILE, 2) IT IS TEMPORARILY USED BY YOU WITH THE PERMISSION OF THE OWNER WHILE YOUR INSURED AUTO IS OUT OF SERVICE BECAUSE OF A LOSS INSURED UNDER PART 4, AND 3) AT LEAST ONE PREMIUM FOR COLLISION COVERAGE (DD) APPEARS ON YOUR POLICY DECLARATIONS. COVERAGE WILL BE SUBJECT TO DEDUCTIBLES AND TO POLICY TERMS AND CONDITIONS, INCLUDING ANY APPLICABLE ENDORSEMENTS. RESPONDENT'S EXHIBIT I0Ia1b1111101111millN11111IINH11111111111111110111111Wd1NII11111N1111N11N1 Pace 1 r i .USTOMER COPY ADAMS COUNTY TAX CLAIM BUREAU 111-117 BALTIMORE STREET GETTYSBURG, PA 11325 (7171334-6781 EXT 283 'eceived From: JERRY ASH SR Receipt #: 0805021144 Check #: 689 - Initials: BP late Recive4 In PARTIAL pavment of claim as entered in the name of the owners or reputed owner of property described and for the taxing districts indicated below as certified from the record of the TAX CLAIM BUREAU of ADAMS COUNTY. CONTROL 4: 23-0-002974 weer: ASH, JERRY L 6 GLENNA L SR MAP t: I03-0002B--000 FOR TAX YEAR - 2005 LATIMORE TOWNSHIP BERMUDIAN SPRINGS COUNTY TOWNSHIP SCHOOL COST TOTAL hen this account included checks, the receipt will not be valid until said becks are cleared. THIS PAYMENT FACE 0.00 0.00 176.10 176.10 INTEREST 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 176.10 0.00 176.10 PREVIOUS PAYMENTS FACE 0100 0.00 0.00 0.00 INTEREST 0.00 0.00 0100 0.00 TOTAL 0.00 0.00 0.00 0.00 0.00 TOTAL PAYMENTS TO DATE FACE 0.00 0.00 176.10 176.10 INTEREST 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 176.10 0.00 176.10 BALANCE DUE FACE 0.00 0.00 2756.56 256.56 INTEREST 0100 0.00 0.00 00 TOTAL 0.00 0.00 256.56 1;.25 269.81 y».o8 re- 6 A i OFFICE COPY ADAMS COUNTY TAX CLAIM BUREAU 1.1 1 117 I:{A1-.T':I:1T1O1:d::* t?,ETT'YSBURG„ I'A 17325 (717)3:54-6781 EXT 283 Rceceived Frorn,. ;:TERRY ASH Check Ot 518 Date Received. 02/25/08 Receipt #: 080225?186 Initials:, BP In PARTIAL payment of claim as entered in the name of the owners or reputed owner of property described and for the taxing districts indicated below VAS certified from the record of the TAX CLAIM BUREAU of ADAMS COUNTY. Owner: ASH,, JERRY L & GLENNA I_ SR COINITROl... #:: 23-0-002974 MAP #:: 103•-•000.2B-•--000 FOR TAX YEAR •- 2005 L-AT I.ITIORE: TOWNSHIP BERMI. D I.AN COUNTY TOWNSHIP SCI-400L COST TOTAL. When this account inc luded checl e.s„ the receipt will not be valid until stud cl-iecl•:.s are cleared.. THIS PAYMENT I'--ACE 0.00 0.00 176.10 176.10 INTEREST 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 176.10 0.00 176.10 PREVIOUS PAYMENTS FACE 0.00 0.00 0.00 0.00 INTEREST 0.00 0„00 0.00 0.00 'TOTAL 0.00 0.00 0.00 0.00 0.00 TOTAL PAYMENTS TO DATE FACE 0.00 0.00 176.10 176.10 INTEREST 0.00 0.00 01.00 0.00 TOTAL. 0.00 0.00 176.10 0.00 176.10 BALANCE: DUE FACIE 0.00 0.00 608.76 608.76 INTEREST 0.00 0.00 0.00 0.00 TOTAL 0.00 0.00 608.76 13.25 62.01 c: A si,4 3 So .vo Y -3-5/,/4, Sam. O-c) 6:5-. 10 /7(,ro v- RESPONDENT/S EXH IBIT u.as Al 7 " C '? t::? ? ? -rA :, ?,_ .t=° °? r ?? -?s's _ z- v ,... (., i ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT OOriginal Order/Notice State Commonwealth of Pennsylvania 4? 1?Q025 00rigi Amended Order/Notice Co./City/Dirt. of CUMBERLAND Date of Order/Notice 08/14/08 N$AS-s Cw'A OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number ABF FREIGHT SYSTEMS PO BOX 10048 3801 OLD GREENWOOD RD 729 FORT SMITH AR 72917-0048 Employee/Obligor's Name (Last, First, MI) 192-50-5324 Employee/Obligor's Social Security Number 9771101921 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current child support $ 0.00 ' per month in past-due child support $ 0.00 per month in current medical support $ o . oo per month in past-due medical support $ 1,165.00 per month in current spousal support $ 35.00 per month in past-due spousal support $ o . oo per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 1, 200.00 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: $ 276.92 per weekly pay period. $ 600.00 per semimonthly pay period (twice a month) $ Ss3•$J per biweekly pay period (every two weeks) $ 1, 200.00 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 THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifi CIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Service Type M Ward AU6 15 20 OMB No.: 0570.0154 Arrears 12 weeks or greater? O yes ® no RE: ASH. JERRY L. Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifheckefl you are required to rQvide aopy of this form to your?mployee. If yoYr employee works in a state that is di event frrom the state that issued this o er, a copy must be provi ed to your emp ogee 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 employeelobligor'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 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. 7102494440 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : I] THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: I] EMPLOYEE'S/OBLIGOR'S NAME:ASH, JERRY L. EMPLOYEE'S CASE IDENTIFIER: 9771101921 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: 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. 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 (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 T e M OMB No.: 0970-0154 YP Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ASH, JERRY L. PACKS Case Number 426110025 Plaintiff Name GLENNA L. ASH Docket Attachment Amount 08-853 CIVIL $ 1,200.00 Child(ren)'s Name(s): DOB PACKS 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 PACSES 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-I c -zp J cam ' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERRY L. ASH, Plaintiff/Respondent VS. GLENNA L. ASH, Defendant/Petitioner PACSES #426110025 Docket #08-853 Civil DEFENDANT'S EXCEPTIONS TO SUPPORT MASTER'S REPORT AND RECOMMENDATIONS AND INTERIM ORDER OF COURT DATED AUGUST--, 2008 TO THE HONORABLE, THE JUDGES OF SAID COURT: COMES NOW the Defendant, GLENNA L. ASH, by and through her attorney, Barbara Jo Entwistle, Esquire, and respectfully files these Exceptions to the Support Master's Report and Recommendations dated August 14, 2008 and the Interim Order of Court signed and dated August 14, 2008, ordering Husband to pay to and for the Wife as alimony pendente lite ("APL') the sum of $1,165.00 per month, and for reason therefore states as follows: 1. The Master erred in making a downward deviation for a marital debt which Husband has voluntarily deducted from his wages in the amount of $150.00 per week. 2. The Master erred in making a downward deviation for Husband's voluntary deduction of one-half (1/2) of the payment or $75.00 per week, instead of a deviation proportionate to the parties' respective incomes. 3. The Master erred in making a downward deviation of $75.00 per week without ordering Husband to continue to pay the $150.00 per week voluntary deduction from his wages. 4. The Master erred in granting Husband a downward deviation of $55.00 per month which represents the automobile insurance for the Wife's vehicle without ordering Husband to pay the policy premium as and when it comes due. Respectfully submitted, PYLE AND ENTWISTLE By Barbara Jo En istle, Esquire Attorney for Defendant 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 Supreme Court I.D. #41906 CERTIFICATE OF SERVICE I hereby certify that on the - -ar? day of August, 2008, a copy of the foregoing Defendant's Exceptions to Support Master's Report and Recommendations and Interim Order of Court dated August 14, 2008 was served upon the following individual by first class mail, postage prepaid: Marcus A. McKnight, II, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 Barbar o Entwistle, Esquire C?s ca c ?= ?:? " ?? { "• ? . ? + 4 . . ?.. ? _ . . S ? ?' ,rF.? • ? ?T.n. ''""?. ,? w?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERRY L. ASH, Plaintiff No. 08 - S - 853 VS. GLENNA L. ASH, Action in Divorce Defendant MOTION TO WITHDRAW AS COUNSEL COMES NOW the Petitioner, Barbara Jo Entwistle, Esquire, and files this Motion to Withdraw as Counsel pursuant to Pa.R.C.P. 1012, and for reason therefore states as follows: 1. Petitioner is Barbara Jo Entwistle, Esquire, counsel of record for Glenna L. Ash. 2. Respondent is Glenna L. Ash, whose address is believed to be 680 Towne Hill Road, York Springs, Pennsylvania 17372-9042. 3. Good cause exists under Rule 1.16 of the Rules of Professional Responsibility (204 Pa.Code 81.4) for Petition to withdraw as counsel of record. 4. Respondent has had no contact with Petitioner despite repeated correspondence to Respondent. 5. Petitioner's representation of Respondent has been and will continue to be rendered unreasonably difficult by Respondent, as she does not comply with Petitioner's requests for payment of legal services previously rendered. 6. Notice of this Petition is being sent to Glenna L. Ash concurrently herewith by regular mail to the address stated in Paragraph #2 above. 7. Petitioner has previously given notice of her intention to withdraw on February 13, 2009. Since that date, Petitioner has had no communication whatsoever with Glenna L. Ash. 8. On information and belief, withdrawal will not delay any stage of the litigation. 9. All parties are notified if they desire to file an objection to the withdrawal of counsel, a written objection must be filed with the Prothonotary's office within ten (10) days of the filing of the within Motion and serve a copy on all parties. 10. No Judge has been assigned to this case. WHEREFORE, Barbara Jo Entwistle, Esquire, requests leave of Court to withdraw her appearance as counsel of record for Glenna L. Ash in the above-captioned case. Respectfully submitted, PYLE AND ENTWISTLE By:' Barbara Jo E istie, Esquire Attorney for Defendant 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 Supreme Court I.D. #41906 CERTIFICATE OF SERVICE I hereby certify that on the ? day of July, 2009, a copy of the foregoing Motion to Withdraw as Counsel was served upon the following individuals by first class mail, postage prepaid: Glenna L. Ash 680 Towne Hill Road York Springs, PA 17372-9042 Marcus A. McKnight, II, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 Barbara J ntwistle, Esquire FLE," - =r te 2CC9 ..lax.. 28 FH 12: v-, 2 I? ? r JUL 19 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERRY L. ASH, Plaintiff VS. . GLENNA L. ASH, Defendant No. 08 -JW- 853 'fad'?. D Action in Divorce `?- ORDER `fT AND NOW, this day of , 2009, upon consideration of the within Petition, it is hereby ORDERED that: (1) A rule is issued upon Respondent to show cause why the Petitioner is not entitled to the relief requested; A'1'410 -11"36 (2) T within ten 10 days - L? Ce???`P:k 3 -G? co-w? ?c nt; - ?? l A ar on the y of , 2009, at o'clock m. in Courtroom # of the Cumberl Coun Courthouse, to determine appropriate procedure fo rmining disputed facts; Consult wit he Cou thin ten (10) days after an Answer is filed to ermine appropri procedure for determining facts; t n evidentiary hearing on disputed facts shall be )*Ton the day of , 2009 at o'clock _.m. in Co room # of the Cumber) County Courthouse; Depositions II be date; in days of this Argument shall be d o e day of , 2009 at o'clock J n Courtroom # of the Cumbe d County courthouse; (5) Notice of the entry of this Order shall be provided to all parties by the Petitioner. .ri CAF THE P ; : , ;,, «. 1Y 2009 JUL 3 I A jyj - Ec /)17:2 t tccL, L ? M . acicm 14- 14 S. ?C' wir( tc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERRY L. ASH, VS. Plaintiff Defendant No. 08-S-853 Action in Divorce GLENNA L. ASH, ORDER OF COURT UPON CONSIDERATION of the Motion to Withdraw as Counsel and after notice to Defendant and opposing counsel pursuant to Pa.R.C.Proc. 1012(d)(1) and opportunity .Aoq - -r- Am- , 2009 for a hearing, it is this e- day of ORDERED, that Barbara Jo Entwistle, Esquire, and the Law Office of Pyle and Entwistle are hereby granted leave to withdraw as counsel for Defendant, Glenna L. Ash. 3. ?mar-cLkS I e r• C?- ?n C'I- t (V-CL U SIu,rr ES j'ui'rc FILED -0-t--FICE OF THE FP-l IT "lN0TAPY 2009 AUG 21 AN 8: 58 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: JERRY L. ASH Member ID Number: 9771101921 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multip le Cases on Attachment PACSES Plaintiff Name Case Number Docket Number Attachment Amount/Frequency GLENNA L. ASH 426110025 08-853 CIVIL $ 1,200.00 /MONTH / / TOTAL ATTACHMENT AMOUNT: $ 1,200.00 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 $ 276.16 per week, or 50 of the Unemployment Compensation benefits otherwise payable to the Defendant, JERRY L. ASH Social Security Number XXX-XX- 5324 , Member ID Number 9771101921 . 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 NOVEMBER 1, 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: 140V 17 2009 DRD: R.J. SHADDAY Service Type M EDWARD E. GUIDO, JUDGE Form EN-530 Rev.2 Worker ID $IATT NMI -1111 OF t 17 0* 0 43 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/16/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number ABF FREIGHT SYSTEMS PO BOX 10048 3801 OLD GREENWOOD RD 729 FORT SMITH AR 72917-0048 192-50-5324 Employee/Obligor's Social Security Number 9771101921 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ $ $ 0.00 0.00 0.00 $ 0.00 $ 1,165.00 $ 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? O yes ® no 08-853 CIVIL 0Original Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: ASH, JERRY L. Employee/Obligor's Name (Last, First, MI) one-time lump sum payment for a total of $ 1,165.00 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: $ 268.85 per weekly pay period. $ 582.50 per semimonthly pay period (twice a month) $_____537.69 _ per biweekly pay period (every two weeks) $ 1,165.00 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 NAME AND ACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITX.40 BER I ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. Shadday Service Type M Edward t: OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If 4heckesl you are required to provide a copy of this form to your?mployee. If yoyr employee works in a state that is di event frrom the state that issued this order, a copy must be provi l to 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 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. 71024 94440 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED EMPLOYEE'S/OBLIGOR'S NAME:ASH, JERRY L. EMPLOYEE'S CASE IDENTIFIER: 9771101921 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.5 Service Type M OMB No.: 0970-0154 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ASH, JERRY L. PACSES Case Number 426110025 PACSES Case Number Plaintiff Name Plaintiff Name GLENNA L. ASH Docket Attachment Amount Docket Attachment Amount 08-853 CIVIL $ 1,165.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACKS 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): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970,0154 Worker I D $ IATT 2009 DEC 17 Fil ": 0 0 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: JERRY L. ASH Member ID Number: 9771101921 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name GLENNA L. ASH PACSES Docket Case Number Number 426110025 08-853 CIVIL Attachment AmountlFreauency $ 1,165.00 MONTH / TOTAL ATTACHMENT AMOUNT: $ 1,165.00 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 $ 268.11 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JERRY L. ASH Social Security NumberXXX-XX-5324 , Member ID Number 9771101921 . 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 arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated NOVEMBER 1, 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: DEC 17 2009 ' EDWARD E. GUIDO, DRO: R.J. SHADDAY JUDGE Form EN-034 Rev.2 Service Type M Worker ID $ IATT Fll FD--fury c DE OF THE' PR,';-irNIOTAP.Y 2009 DEC 17 FM 3-- 00 CUIVt i JNI?y tf L I `.E j`N S 4 LVAINiA 1 ? . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION GLENNA L. ASH Ike ??? P1C? VS. JERRY L. ASH Pe-+i f orne? pgfp? Docket Number ) PACSES Case Number ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 08-853 CIVIL 426110025.,/ T ?) CJ O r';?? C c? Q :< 1. The petition of JERRY LEE ASH respectfully represents that on AUGUST 14, 2008 , an Order of Court was entered for the support of GLENNA LAURIE ASH C C7 O r Ti -j rr? - r a a ? 77 A? G c::) N aO T? C -C N A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21203 ASH V. ASH PACSES Case Number: 426110025 2. Petitioner is entitled to O increase ?ecrease (!O termination O reinstatement O other of this Order because of the following material and substantial change(s) in circumstance: / 43 ..QZ (,??- •,Q ,?e,????t. , ? - ?- ...cam ? ?, , ,4 Y? ` -?,WHEREFORE, Petitioner requests that the Court modify the existing order for support. J ?4 /0 It?etitioner Attorney for Petitioner 1119IIA n, ?I?? ,ca vr? if`s` ??rt?'? ? ? (,`r?f'? ,°-e.Q.Q ? ? ,,?? ? l.cl??" 41 i/r: //#??S`" 13??, i I verify that the statements made in this complaint are true and correct. I unders an'9-0 I that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date Petitio Page 2 of 2 Form OM-501 Service Type M Worker ID 21203 JERRY L. ASH, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-853 CIVIL TERM GLENNA L. ASH, IN DIVORCE Defendant PACSES CASE NO: 426110025?? ` ORDER OF COURT ca " '.? CG) tj C3 °C AND NOW, this 29th day of April, 2010, a petition has been filed against you, Glenna L. Ash, 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 May 26, 2010 at 9:00 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. Copies mailed to: Petitioner Respondent Barbara Entwistle, Esq. Marcus A. KcKnight, III, Esq. Date of Order: April 29. 2010 BY THE COURT, Edward E. GW&,.. Judge 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 JERRY L. ASH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-853 CIVIL TERM GLENNA L. ASH, IN DIVORCE Defendant/Petitioner PACSES CASE: 426110025 ORDER OF COURT AND NOW to wit, this 26th day of May, 2010, it is hereby Ordered that the monetary sum of the Alimony Pendente Lite is terminated, without prejudice, effective April 28, 2010. The account is closed with a credit of -$ 1,187.46. This Order considers that the Defendant/Petitioner did not appear on this date and has not proceeded in good faith with the divorce litigation. Plaintiff/Respondent is to continue to provide medical insurance coverage on the Defendant/Petitioner as provided by his employer or at a reasonable cost. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Domestic R,elatiQQs Section for a hearing de novo before the Court . ?.JJ = < ` v, o - o N f..) DRO: R.J. Shadday xc: Petitioner Respondent Service Type: M BY THE COUR Edward E. Guido, J. Form OE-001 Worker: 21005 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT (? g - ? 53 Civil State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 05/26/10 (D Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: ASH, JERRY L. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) ABF FREIGHT SYSTEMS PO BOX 10048 3801 OLD GREENWOOD RD 729 FORT SMITH AR 72917-0048 192-50-5324 Employee/Obligor's Social Security Number 9771101921 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. N c:n $ o. oo per month in current child support , $ o. oo per month in past-due child support Arrears 12 weeks or greater? Q, s no g $ 0.00 per month in current medical support --c 'ri $ 0.00 per month in past-due medical support iV tT $ o . oo per month in current spousal support r =.' $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs - st } $ o . oo per month in other (specify) 13 $ 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. $ 0.00 per semimonthly pay period (twice a month) $ o. 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. 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 E PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SE Y NUM IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If4heckefd you are required to prr vide aSopy of this form to your m loyee. If yoVr employee vKorks in a state that is ent rom di ev the state that issue this or er, a copy must be providedto your employee even if t e 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 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. 7102494440 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:ASH, JERRY L. EMPLOYEE'S CASE IDENTIFIER: 9771101921 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: 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 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. 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: 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.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ASH, JERRY L. PACSES Case Number 426110025 Plaintiff Name GLENNA L. ASH Docket Attachment Amount 08-853 CIVIL $ 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 PACKS 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 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: JERRY L. ASH Member ID Number: 9771101921 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 GLENNA L. ASH PACSES Docket Case Number Number 426110025 08-853 CIVIL TOTAL ATTACHMENT AMOUNT: $ 1,165.00 Attachment Amount/Frequency $ 1,165.00 MONTH / / / The prior Order of this Court directing the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), to attach $ 268.10 or 50 % per week of the Unemployment Compensation benefits of JERRY L. ASH , Social Security Number XXX _ XX _ 5 3 2 4 , Member ID Number 9771101921 is hereby vacated. a ? r_ rt .c m ` This Order to Vacate shall be effective upon receipt of the notice of the Order by thf1 ' r.? `' ? Department and shall remain in effect until a further Order of the Court is filed . Sr C BY THE COURT rk? -^C Date of Order: MAY 2 7 2010 ?=4 JUDGE Form EN-035 Rev.2 Service Type M Worker ID $ IATT ~F 'rN"~c~ ~FARY =fl;rQ-~ P!~ 3:t~3 ~~pENNSYUt JERRY L. ASH, SR., Plaintiff, v. GLENNA L. ASH, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2008 - 853 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 5, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: g-~~o JERRY L. H, S aintif ~~~~~ S~ t~ ~~ ~' ~0 SAP -9 PM 3:1,3 JERRY L. ASH, SR., : IN THE C COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA, v CIVIL ACTION -LAW 2008 - S{5~3 CIVIL TERM GLENNA L. ASH, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~'~~'~ JERK . AS R. Plaintiff IN TIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW JERRY L. H Plaintiff No. 08 - S - 853 vs., . GLENNA .ASH, Action in Divorce Defendant PRAECIPE TO ENTER APPEARANCE the Defer se enter the appearance of Barbara Jo Entwistle, Esquire, as attorney for nt in the above-captioned case. Respectfully submitted, ENTWISTLE & ROBERTS By: Barbara Jo twistle, E quire Attorney for Defendant 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 `"v t~~~~O~I~~ ~ ~~1v ~~~.~~t 4 ~ ~ 1 ~d 0z 1,~D OI~Z ~~~10'~~Ci~-~.1.i~~9~ 3H~..~ ~~1:~ ~4-C13~~~ CERTIFICATE OF SERVICE I hereby certify that on the ~ day of October, 2010, a copy of the foregoing Preacipe ~o Enter Appearance was served mail, po age prepaid: upon the following individual by first class Marcus A. McKnight, II, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 arbara )o E istle, Esquire t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JERRY L. ASH, SR. , Plaintiff . V S. GLENNA L. ASH NO. O8-S-853 20 Defendant . MOTION FOR APPOINTMENT OF MASTER Glenna L. Ash Defendant ,moves the court to appoint a master with respect to the following claims: ^ Divorce ^X Distribution of Property ^ Annulment ^ Support ^X Alimony ^X Counsel Fees ^ Alimony Pendente Lite ^X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Barbara Jo Entwistle Esquire) . 3. The staturory ground (s) for divorce is '~ . C7~ ~ 'tl ~ 3301(c) or 3301(d) ~ o ~. '~ z-n . ~~ o 4. Delete the inapplicable paragraph (s): A ^ B ^ C ^ ~ ~ s i ~~ °'~ a. The action is not contested. Nth"' N ~~ b. An a¢reement has been reached with respect to the followine claims: ~~. ~ '"~~ Divorce should be granted '~° -~v ._.. o °~ ~- ~ ~ C. The action is contested with respect to the following claims: Za ~,, _ °-trn y Equitable Distribution, Alimony, Counsel Fees, Costs and Expense 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one days 7. Additional information, if anv, relevant to the motion: None Date: 10/25/10 A torney for Defe nt Bazbaza Jo Entwistle, Esquire Print Name ORDER APPOINTING MASTER AND NOW , 20 Esquire, is appointed master with respect to the following claims: By the Court, J. CERTIFICATE OF SERVICE I hereby certify that on the ~_ day of October, 2010, a copy of the foregoing Motion for Appointment of Master was served upon the following individual by first class mail, postage prepaid: Marcus A. McKnight, II, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 Barbara Entwistle, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW c-) c xrn C-5 JERRY L. ASH, "C Plaintiff No. 08 - S - 853 w r-M VS. © 3 =o GLENNA L. ASH, Action in Divorce i'' Defendant -? DEMAND FOR HEARING AND MOTION TO REFER ALIMONY PENDENTE LITE CLAIM TO DOMESTIC RELATIONS TO THE HONORABLE, THE JUDGES OF SAID COURT: COMES NOW the Defendant, GLENNA L. ASH, by and through her attorney, Barbara Jo Entwistle, Esquire, and files this Demand for Hearing and Motion to Refer Alimony Pendente Lite Claim to Domestic Relations: 1. A Complaint in Divorce was filed by Plaintiff on February 5, 2008. 2. On or about May 13, 2008, Defendant filed a Petition to Raise Additional Claims in Divorce and a Motion to Refer Alimony Pendente Lite Claim to Domestic Relations. c) -r-n = ©ri ,rn --c 3. Subsequent to a conference with Domestic Relations and appeals, this Court issued a final Order awarding the Defendant $1,165.00 per month in APL. `v 4. The undersigned subsequently filed a Petition to Withdraw as Counsel for the Defendant and on August 20, 2009 was granted leave of court to withdraw as Defendant's counsel. 5. On April 27, 2010, Plaintiff, pro se, filed a Petition to Decrease/Terminate Alimony because Defendant had not cooperated in the divorce litigation. 6. By Order of Court dated May 26, 2010, APL was terminated without prejudice effective April 28, 2010. The Defendant did not appear at the hearing on Plaintiff's Petition to Terminate. The Order stated that Defendant had not proceeded in good faith with the divorce litigation. 7. The Defendant has now re-engaged the undersigned to represent her to a final conclusion of the divorce issues. 8. On October 25, 2010, the undersigned file a Petition to Modify APL directly with Domestic Relations and concurrently therewith filed a Motion for the Appointment of a Master. a ? 1 9. On October 29, 2010, E. Robert Elicker, II, Equire, was appointed as Master with respect to the claims set forth in the Motion for Appointment of Master. 10. Defendant was advised by Domestic Relations to file a Demand for Hearing as to the APL petition. 11. Defendant has tendered an Affidavit of Consent and a Waiver of Notice to be effective upon final determination of the remaining divorce issues. 12. Defendant and undersigned counsel intend to proceed to a resolution of all the divorce issues in an expeditious manner. 13. This is not a complex case. 14. Defendant requests that this matter be referred to Domestic Relations for a hearing. 15. Defendant is without sufficient funds to enable her to support herself pending a final resolution of the marital issues. WHEREFORE, Defendant prays that this Honorable Court: A. Grant Defendant's demand for a hearing; B. Refer the matter to Domestic Relations for a hearing in this matter. Respectfully submitted, ENTWISTLE & ROBERTS By. Barbara J Entwistle, Esquire Attorney for Defendant 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 Supreme Court I.D. No. 41906 VERIFICATION STATEMENT I verify that the statements made in the foregoing document is true and correct to the best of my personal knowledge, information and belief. 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. Date: J, d -(V IA 4NGLEA L. ASH, Defendan CERTIFICATE OF SERVICE 0- I hereby certify that on the day of November, 2010, a copy of the Demand for Hearing was served upon the following individual by leaving a copy in his communication box in the Office of the Prothonotary of Adams County, Pennsylvania: Marcus A. McKnight Attorney for Defendant IRWIN & McKNIGHT 60 West Pomfret St. Carlisle, PA 17013-3222 4?? a 4 4"t ?' Barbara r ntwistle, Esquire JERRY L. ASH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-853 CIVIL TERM GLENNA L. ASH, IN DIVORCE Defendant/Petitioner PACSES CASE: 426110025 c C= -n° -p3 e; --4 zrn r°n M a =;? c-:, -urn ?Q ORDER OF COURT_'' °C) z-n AND NOW, this 1 st day of December 2010, upon consideration of the Petition for Al' enAnte and/or counsel fees, it is hereby ordered that the parties and their respective counsel appear before'" J. on January 3, 2011 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, er gch 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 Marcus A. McKnight, III, Esq. Barbara J. Entwistle, Esq. Date of Order: December 1, 2010 BY THE COURT, Edward E. Guido, Judge 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 JERRY L. ASH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE CZ , C= ` NO. 08-853 CIVIL TERM S _ = GLENNA L. ASH, IN DIVORCE n ,vr- Defendant/Petitioner PACSES CASE: 42611002 CM Cr-4 5 sa c.? ORDER OF COURT - RESCHEDULE A CONFERENCES ego a AND NOW, this 3rd day of December, 2010, 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 Januarvl1, 2011 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 3, 2010. 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. BY THE COURT, Date of Order: December 3, 2010` Edward E. Guido, Judge Copies mailed to: Petitioner Respondent Barbara J. Entwistle, Esq. Marcus A. McKnight, III, 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 T FILED-Off f (CE rit- "C -7 1' 11. i !11 JAN 1 I Ali 9: cc -1! 'UN cUMBERLAND JERRY L. ASH, SR., Plaintiff, V. GLENNA L. ASH, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 853 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 5, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date / /_. / 4 2 /0 -? "-, -v_ a? GLENNA L. ASH Defendant ILED-OFFIC- O" THE PROTHm16°TA%5,,- 7011 JAH I I AM 9: 318 CJMBBLAND COur' e n r?u to amt ?trt tet n JERRY L. ASH, SR., Plaintiff, V. GLENNA L. ASH, Defendant. :"'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 853 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r Date: LYNN A L. ASH Defendant jjjv-?,,? 11 ? 00/1 FILED-OFFICE THE PROTHC1N11 Till"i x 2011 JAN I I AM 9: 358 CUMBERLAND CCJUi" i. JERRY L. ASH, SR., Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2008 - 853 CIVIL TERM GLENNA L. ASH, Defendant. IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: N ?ULL/kA ? ENNA L. ASH Defendant JERRY L. ASH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN IA V. °i GLENNA L. ASH, NO. 2008 - 853 CIVIL TERM r-- Defendant ?, r k,J _ CIVIL ACTION -DIVORCE .... 77 'T ORDER OF COURT AND NOW, this 9TH day of FEBRUARY, 2011, a Rule is issued upon Plaintiff to Show Cause why the Motion to Compel Discovery should not be granted. Rule returnable THURSDAY, FEBRUARY 24, 2011, at 11:15 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. IFie Court, Edward E. Guido, J. 'Marcus A. McKnight, II, Esquire led Barbara Jo Entwistle, Esquire NP,,, Mai 19'la/1 Ad Dq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY A rv'S CIVIL ACTION - LAW = rn' w JERRY L. ASH, ter- na C Plaintiff • No. 08 - S - 853 VS. GLENNA L. ASH, Action in Divorce Defendant WITHDRAW OF DEFENANT'S MOTION TO COMPEL DISCOVERY COMES NOW the Defendant, GLENNA L. ASH, by and through her attorney, Barbara Jo Entwistle, Esquire, and respectfully withdraws her pending Motion to Compel Discovery, and for reason therefore states as follows: 1. As stated in the Motion to Compel Discovery, Defendant had previously filed discovery upon the Plaintiff in November, 2010. 2. No answers were received to the discovery request. 3. Defendant filed a Motion to Compel on or about February 4, 2011. 4. This matter is scheduled to be heard on February 24, 2011 at 11:15 a.m, 5. The parties appeared before Master Runkle on Wife's Petition for APL on Friday, February 18, 2011. At that time, the parties entered into a comprehensive settlement on all issues related to the divorce including APL, permanent alimony, equitable distribution, counsel fees, cost and expenses, etc. 6. The parties waived their hearing in front of Master Runkle of Friday, February 18, 2011. 7. The parties then appeared before Master Elicker, the Divorce Master, on February 18, 2011, and placed their Agreement on the Record. 8. In conjunction with that agreement, Defendant agreed to withdraw her Request to Compel Discovery in this case. WHEREFORE, Defendant respectfully requests that her Motion to Compel Discovery is dismissed. Respectfully submitted, ENTWISTLE & ROBERTS By: Ba bara Jo E istIe, Esquire Attorney for Defendant 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 Supreme Court I.D. #41906 CERTIFICATE OF SERVICE I hereby certify that on the day of February, 2011, a copy of the foregoing Withdraw of Defendant's Motion to Compel Discovery was served upon the following individual by facsimile transmission and email to: Marcus A. McKnight, Esquire IRWIN & McKNIGHT 60 West Pomfret Street Carlisle, PA 17013-3222 Fax - (717) 249-6354 mmcknight@irwinmcknight.com 4rbara J ntwistle, Esquire 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERRY L. ASH, Plaintiff VS. GLENNA L. ASH, Defendant ORDER OF COURT No. 08 - S - 853 Action in Divorce AND NOW, upon consideration of the attached Withdraw of Defendant's Motion to Compel Discovery, it is this k T day of February, 2011, ORDERED, that: Defendant's Motion to Compel Discovery is dismissed B HE COU T: 3. ?rj iy C,.? i fficircu's t eo,p ;e-5 /X C4, ?,r? L JERRY L. ASH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-853 CIVIL TERM GLENNA L. ASH, IN DIVORCE any Defendant/Petitioner PACSES CASE: 426110025 ORDER OF COURT .,, ate: ....:. :... AND NOW to wit, this 3rd day of March, 2011, it is hereby Ordered that the Petition for Alimony Pendente Lite is deemed withdrawn, pursuant to the parties' comprehensive settlement in the divorce action. The Cumberland County Domestic Relations Section dismisses their interest in the above captioned matter. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Barbara J. Entwistle, Esq Marcus A. McKnight, III, Esq. Form OE-001 Service Type: M Worker: 21005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JERRY L. ASH, v, Plaintiff No. 08 - S - 853 = a ? + -_- n r vs. ? Q, GLENNA L. ASH, Action in Divorce ..? vr? Defendant r1 77 WITHDRAWAL OF CLAIM FOR ALIMONY COMES NOW the Defendant, GLENNA L. ASH, by and through her attorney, Barbara Jo Entwistle, Esquire, and, pursuant to an Agreement placed on the record before E. Robert Elicker, II, Divorce Master, on February 17, 2011, withdraws her claim for alimony, temporary and permanent. Respectfully submitted, ENTWISTLE & ROBERTS By: Barbara In En stle, Esquire Attorney for Defendant 66 West Middle Street Gettysburg, PA 17325 (717) 334-6761 Supreme Court I.D. No. 41906 Jerry L. Ash vs Glenna L. Ash To the Court: The Plaintiff Case No. 7nng—ng 93 D c-1 ..fl3 .r' rnp c' pi`Y. Z —4;. v =-r r) a , — -c T' Cl = Statement of Intention to Proceed intends to proceed with the above captioned Print Name Marcus A. McKnight, III Sign Name Date: October 21, 2014 atter. Attomey for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty -day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty -day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. <fevey 4. / i'%a, n t � vs Glenne- L. 4-s, p e, f e fid, n l To the Court: Case No. 08 — 0 d5 STATEMENT OF INTENTION TO PROCEED p_ f e. uIit Print Name macs L intends to proceed with the above captioned matter,:; �'�/T✓v>sr%ign Name RJ.4i Date: 10 / 3 // ! y Attorney for rPeirs?LQ� v f IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.