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Home My WebLink About04-0165 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA L. NIEVES, Plaintiff, NO. 2004- /fe5 ~~ v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, : ACTION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. Ajudgment 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at York County Courthouse, York, Pennsylvania 17401. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA 1. NIEVES, Plaintiff, NO. 2004- v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE A VI SO PARE DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se la avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anuamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u ostros derechos importantes para usted. Cuando Ia base para el divorcio es indignidades 0 rompimiento irreparable de matrimonio, usted puede solicitor consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en Ia York County Court of Common Pleas, 28 East Market Street, York, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUlERA DE ELLOS. US TED DEBE LLEV AR ESTE P APEL A UN ABOGADO DE INMEDlA TO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INmCADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA L. NIEVES, Plaintiff, NO. 2004-SU- . . v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE COMPLAINT AND NOW, this ~ day of January, 2004, comes the Plaintiff, Roma L. Nieves, by her attorney, Scott A. Ruth, Esquire, and files this Complaint whereof the following is a staternent of claims: 1. Plaintiff is Roma L. Nieves, who currently resides at 1201 Yverdon Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Abraham Nieves, who currently resides at 501 Oxford Road, Gardners, Curnberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 3, 1999 in Dutchess County, New York. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT I - UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 7. The allegations of Paragraphs 1 through 6 of the Complaint are incorporated by reference. 8. The rnarriage is irretrievable broken. 9. The parties have lived separate and apart since on or about November 10, 2003. WHEREFORE, Plaintiff respectfully requests your Honorable Court that a decree of divorce be entered divorcing the Plaintiff, the said Roma L. Nieves, from the Defendant, the said Abraham Nieves, under the Divorce Code of 1980 as arnended. COUNT II - EOUIT ABLE DIVISION, DISTRIBUTION AND ASSIGNMENT IN KIND OR OTHERWISE OF MARITAL PROPERTY AND DEBT LIABILITY 10. The allegations of Paragraphs 1 through 9 of the Complaint are incorporated by reference. 11. The parties have acquired real and personal marital property during the marriage, including the increase in value, prior to the date of final separation, of non-marital property acquired prior to marriage and! or by gift 12. Plaintiff requests the court to equitably divide, distribute or assign, in kind or otherwise, the rnarital property (and allocation and satisfaction of rnarital debt liability) between the parties without regard to marital fault in such proportions and in such rnanner as the court deems just after consideration of all relevant factors, including 23 Pa.C.S. Section 3502(a) (1- 11) . WHEREFORE, Plaintiff respectfully requests your Honorable Court enter an order of equitable distribution as provided in Chapter 35 of 23 Pa. C.S. 3501 et seq. or with the terms of an agreement as entered into between Plaintiff Roma L. Nieves and Defendant Abraham Nieves. COUNT III - ALIMONY PENDENTE LITE 15. Paragraphs 1 thru 14 are incorporated herein by reference as if more fully set forth herein. 16. Wife is disabled; not employed, unemployable, without sufficient estate; and, is without adequate funds for self-support during the pendency of these proceedings. 17. Husband has failed to adequately support Wife during the period of their de facto separation. 18. Husband is presently gainfully employed and financially able to adequately support Plaintiff during the pendency of these proceedings. WHEREFORE, Wife prays your Honorable Court to enter an order granting her alirnony pendente lite and adequate health and hospitalization insurance coverage compelling Husband to pay such award and maintain such coverage. COUNT IV - ALIMONY 19. Paragraphs I thru 18 are incorporated herein by reference as ifmore fully set forth herein. 20. Wife lacks sufficient property to provide for her reasonable needs and is disabled. 21. Wife at this time is unable to adequately support herself through appropriate employment to maintain the standard of living to which she has become accustomed during the marriage. 22. Husband is presently gainfully ernployed and financially able to adequately pay permanent alimony to Wife whereby she could maintain her standard of living. WHEREFORE, Wife prays your Honorable Court to enter an order granting her permanent alimony and compelling Husband to pay such amount in addition to and as part of the decree dissolving the marriage. COUNT V - COUNSEL FEES 23. Paragraphs I thru 22 are incorporated herein by reference as if more fully set forth herein. 24. Wife avers that by reason of the conduct of Husband, she will be put to considerable expense in the preparation of the divorce action instituted by this Complaint, including fees to employ counsel for these ancillary proceedings. 25. Wife is without sufficient estate and is without adequate funds for self- support to meet the counsel fees of this litigation. 26. Husband is presently gainfully employed and financially able to meet the counsel fees that will be incurred by reason of this litigation. WHEREFORE, Wife prays your Honorable Court to compel Husband to pay on behalf of Wife her counsel fees for these proceedings. COUNT VI - COSTS AND EXPENSES 28. Paragraphs 1 thru 27 are incorporated herein by reference as if more fully set forth herein. 29. Wife avers that by reason of the conduct of Husband, Wife will be put to considerable expense in the preparation ofthe divorce action instituted by the Complaint, payment of expenses, and costs of expert witnesses, appraisals and reports and ancillary proceedings. 30. Wife is without sufficient estate and is without adequate funds for self-support to meet the costs and expenses of this litigation. 31. Husband is presently gainfully employed and financially able to meet the expenses that will be incurred by reason ofthis litigation. WHEREFORE, Wife prays your Honorable Court to compel Husband to pay on behalf of Wife her expenses and costs of these proceedings. COUNT VII - HEALTH INSURANCE per 23 PA.C.S. Section 3502(d) 32. Paragraphs 1 thru 31 are incorporated herein by reference as if more fully set forth herein. 33. Wife requests the continued maintenance and beneficiary designations of existing policies insuring the health of Wife which were originally purchased and maintained as benefits through Husband's employment, Inland Container Corporation, 136 E. York Street, Biglerville, P A 17307, member ID#HTTZS020 through provider Aetna; per a letter from Aetna, HMO Mernber Services, Beverly Mcmonagle, dated January 6,2004; a copy is marked attached as Exhibit "A" and incorporated by reference. 34. It is necessary to protect the interests of Wife for this Honorable Court to direct Husband pay the premiums and the purchase of and beneficiary designations on a policy insuring the health of Wife; including but not limited to COBRA coverage for thirty-six months after entry of a divorce decree and thereafter to direct Husband to purchase of and beneficiary designations on other policy insuring the health of Wife at reasonable rates until Wife is entitled to receive Medicare at age 65. WHEREFORE, Wife prays your Honorable Court to direct Husband to pay the premiums and continue maintenance and beneficiary designations of insurance on the health of Wife for the benefit of Wife, and to direct Husband to pay the COBRA premiums and the purchase of and beneficiary designations on a COBRA policy insuring the health of Wife for thirty-six months after entry of a divorce decree and thereafter to direct Husband to purchase of and beneficiary designations on other policy insuring the health of Wife at reasonable rates until Wife is entitled to receive Medicare at age 65. ~A Scott A. Ruth, Esquire 4 High Street Hanover, PA 17331 (717) 630-9333 Attorney J.D. #61934 . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA L. NIEVES, Plaintiff, NO. 2004-SU- v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, : ACTION IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. e.s. Section 4904 relating to unsworn falsification to authorities. '1 ftn o'f/ Date I i:H7iJ- /' /l~ Roma L. Nieves, Plaintiff r~) '" c:-:~) \";'';>' C'j -rl --j T fll,2) r- -.~} .-0 ~~}O ~n?,(S :I.=~I - ,,'-) J i"ri --" ~ w :-:3 C:.' f Aetna' January 6, 2004 Roma Nieves 1201 Yvertown Drive, Box A-4 Camp Hill, Pa. 17011 Member ID# HTTZS020 Dear Roma: Thank you for contacting Aetna's Member Services Department. Please accept this letter as verification about your coverage with Aetna. Under ID# mZZS020, your coverage was effective July 3,1999 and terminated December 31,2003. If you have any other questions, please contact Member Services at the toll-free number on your member identification card or at www.aetna.com and select "Aetna Navigator" and "Contact Us" where you can select a primary care physician, request a new rnember identification card, or send us a general message. For the hearing impaired, please call (TDD) 1-800-628-3323. Sincerely, Beverly Mcmonagle HMO Member Services Aetna twm ~XHTBrr A \:::> ~ J A[\ ~ ~ - c.- - c..' {:. - 6' 0 ~ ~ "" - \) C) r- j,,) (.:.; "'''' l..'":::J C~J f.." ., L. ~, ... ._--1 .,- -..-.-,." ;-nr::. ,;-: Cri ;(~ ~ -'..., (.v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA 1. NIEVES, Plaintiff, NO. 2004-SU-165-Civil Term v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE AFFIDAVIT OF SERVICE I, Scott A. Ruth, Esquire, do hereby swear and affirm that on the 14h day of January, 2004, I served a true and correct copy of the Notice to Defend and Oaim Rights, Complaint for Divorce, and Cover letter serving same upon the Defendant by Certified Mail/Restricted Delivery fRetum Receipt Requested, Article No. 7003 1680 0007 6128 8801, and addressed as follows: Abraham Nieves 501 Oxford Road Gardners, PA 17324 A true and correct copy of the cover letter dated January 13, 2004 is marked for identification as Exhibit A, attached hereto and incorporated by reference. The original Domestic Return Receipt addressed as above and containing the signature of Defendant, Abraham Nieves, and a date of delivery of January 14, 2004 and the original Certified Mail Receipt are marked for identification as a lot as Exhibit B, attached hereto and incorporated by reference. I verify that the statements made in this Affidavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Respectfully submitted, ~~ Scott A. Ruth, Esquire Attorney for Plaintiff 4 High Street Hanover, PA 17331 (717) 630-9333 LD. #61934 SCOTT A. RUTH c#uoVZg' 0* ~'U 4 HIGH STREET HANOVER, PENNSYLVANIA 17331 TELEPHONE (717) 630.9333 . fAX (717) 630,0888 January 13, 2004 VIA Certified Mail, Restricted Delivery Return Receipt Requested Article # 7003 1680 0007 6128 8801 Abraham Nieves 501 Oxford Road Gardners, PA 17324 Re: Roma 1. Nieves v. Abraham Nieves, 2004- 165 Civil Tenn, Action in Divorce Dear Mr. Nieves: Enclosed for service upon you, please find the Notice to Defend and Oaim Rights and Complaint filed January 13, 2004 for the above-referenced case. Sincerely, Scott A. Ruth SARI adr enclosures - a f'iffII3FT' .4 . Complele Items 1, 2, and 3. Also complete Item 4 n Restrk:Ied DeIIv8Iy Is desIr8d. . Prin1 your name and address on the reverse so thet we can retum the cern to you. . Attach this card to the back 01 the mallplece, or on thelront n space permits. 1. MIcIe _to: AMftl#t11 Nlfl/IS 50 I OXfV{l.Q /lof/-IJ 6MtJrJUl5 P II- 1137-,/ rsssee C. Dale of Delivsry /-1'("''1 D.lsdellvery__fromIlsm1? OVOI n YES, en18r deIIvsry .dd.... baIow: 0 No 3. _Type . Cer1IfIed Mall 0 exp.... Mall o ~td 0 AllIUm Aac:aIpt lor Me_ o InandMol 0 C.O.D. 4. AwIlUlodDolMly?/SlhFeol . V.. 2. Number _rrom_labeI} PS Fonn 3811, August 2001 7003 1680 0007 6128 8801 Dom9IlIc _ RecaIpI 2ACPR ,.., CJ '" '" '" ru ,.., .JJ U.S. Postal Service,,, CERTIFIED MAIL... RECEIPT (Domestic Mail Only, No Insurance Coverage Provided) I A L . , Postage $ I'- I:J Certified Fee CJ CJ ~etum Reclept Fee C rsement Required) CJ c[) ed Delivery Fee ...[) ( enlRequlred) ,.., .2.30 PS Form 3600 June 2002 See Reverse lor Instructions - . fXHIf!>rr 13 ~ - f! t , ( - - 7 ~ c ("' ~ J r, J ..... u :~~ ...., = => ""'" '"T'1 ,." = ~ -; :r: ~ ~'T1 -0 (J -.j :T.::ij <::)~ BlTJ :.--1 :ti -< N ,.... :.:(; .::- \D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA L. NIEVES, Plaintiff, NO. 2004-00165 v. CIVIl ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE PETITION for SPECIAL RELIEF and INlliNCTION AGAINST DISPOSITION of PROPERTY PENDING SUIT UNDER SECTION 3305W of the DIVORCE CODE AND NOW, this~ day of April, 2004, comes the Plaintiff, Rorna L. Nieves, by her attorney, Scott A. Ruth, Esquire, and files this Petition whereof the following is a statement of claims: I. Petitioner is Plaintiff Wife Roma L Nieves. 2. Respondent is Defendant Husband Abraham Nieves.. 3. Respondent is age 55 and Y, years of age. 4. On January 13, 2004 Petitioner filed a Notice to De~end and Claim Rights and divorce Complaint with ancillary economic counts of equitable distribution, alimony pendente lite, alimony, counsel fees, costs and expenses, and health insurance. 5. On January 14, 2004, Plaintiff's attorney of record sc:rved Defendant with original process of the Notice to Defend and Claim Rights and divor'ce Complaint; an Affidavit of Service filed February 12, 2004 is incorporated by reference. 6. Defendant is pro se and has no attorney of record in this action. 7. No formal Entry of Appearance signed by any attorney of Defendant has been served upon the undersigned Plaintiffs attorney. 8. On March 31, 2004 Defendant's support attorney of record by letter to the undersigned Plaintiffs attorney stated in pertinent part: "While I am representing Mr. Nieves in the divorce I do not know that I will be entering my appearance at this time." A true and correct copy ofa redacted copy of this letter is marked for identification as Exhibit "A," attached hereto and incorporated by reference, and incorporated by reference. 9. Defendant's informal hybrid representation is in violation ofC.C.R.P. Rule 205-1. 10. On February 12, 2004, the Domestic Relations Section per the Honorable Kevin A. Hess in a companion action, PACSES Case Number 786106076/Docket Number 00020 S 2004, entered an Interim Order of Court which reads in pertinent part: "Defendant is to obtain and maintain medical insurance coverage for his spouse"; and is based upon the Summary of Trier of Fact dated February 12,2004; which reads in pertinent part: "Pltf is not employed and has not worked since 4/03. . . She had lung surgery in 2002 and back surgery in 9/03. She is restricted in her work as she cannot lift more than 20 Ibs twice a day. She has carpal twmel in her wrist and that limits her for factory work. Pltf also has epilepsy and is on medication for that. DRO assesses Pltfan earning capacity of$7.00 per hour. Pltfhas no Medical verification that she should not work. A true and correct copy ofa copy of these filings are marked for identification as a lot as Exhibit "B," attached hereto and incorporated by reference, and incorporated by reference. 11. On or about December 31, 2003 Husband terminated Wife's health insurance coverage through his employer out of spite during the partil~S recent separation. See Exhibit A to the divorce Complaint. 12. Accordingly, on or about February 12, 2004 Wife had no resources or income for which to pay for services for medical verification to prove she should not work. 13. Husband did not provide a medical insurance card to Plaintiff7Plaintifrs doctor until on or about March 30,2003. A true and correct copy ofa DRS Notice To Defendant to Add Dependent(s) to Insurance dated March 19,2004 is marked for identification as Exhibit "C," attached hereto and incorporated by reference. 14. On March 30, 2004 Plaintiff received a medical opinion from a back specialist doctor during an appointment that she was disabkd which was subsequently reduced to writing and not attached for privacy reasons. 15. On or about March 30, 2004, Defendant "lost his job" and "what status ofthe medical insurance may be now my client has lost his job we: are not sure." See Exhibit A. 16. Upon information and belief, Wife has no current medical insurance coverage through Husband's former employer, Inland Container Inc., and Husband is not paying Wife's COBRA premium for same. 17. Upon information and belief, Defendant's employer tired Defendant with cause of being absent from work without cause; because ofalcoholism. See Criminal 494 1992, DUI, Cumberland County; CC-166-97, DUI, Adams County; and, Criminal Case #C0448 1999, DUI, Franklin County. A true and correct copy of the acceptance of guilty plea and/or sentencing Order(s) dated July 17, 1992, June 4, 1997 and June 28, 1999 are marked for identification as a lot as Exhibit "D," attached ht~reto and incorporated by reference, and incorporated by reference. 18. Upon information and belief, the largest asset in this four and a half year marriage is Defendant's 401K with his employer, Inland Container. Husband worked at Inland Container and had a vested interest in this employer sponsored 40 I (k) during the whole marriage. A true and correct copy of the Defendant's paystub dated on or about 2/5/04 showing deductions of"401K PreTxUn" is marked for identification as Exhibit "E," attached hereto and incorporated by reference. 19. Husband has not filed an inventory and appraisement. 20. Husband has already twice loaned against the partly maritaI401(k)). See Exhibit E. 21.A hardship distribution or loan ofa 40lK is permitted for payment ofa participant's spouses' medical fees or obtainment of medical care. See IRC Section 401(k)(2)B)(i)(IV) and Treas. Reg. Sections 1.401(k)-I(d)(2)(iv)(A & C). A true and correct copy of a hornbook by Krass, The Pension Answer Book (Panel PublishersI998), Sections 23:37 through 39, pages 23-31 through 34 is mark,ed for is marked for identification as Exhibit "F ," attached hereto and incorporated by reference. 22. Upon information and belief, it appears that Husband is about to dispose of, alienate or encumber his 401 (k) to defeat equitable distribution. 23. The Court is vested with the power to issue a preliminary or special injunction necessary to prevent the removal, disposition, alienation or encumbering of the 401(k) per 23 Pa.C.S. Section 3505(a) and Pa.R.C.P. No. 1920.43(a)(I). 24. Upon information and belief, Wife will suffer ineparable injury before notice can be given and a hearing held. 25. Concurrence of any opposing counsel of record has not been sought because there is no opposing counsel of record in this action. WHEREFORE, Petitioner Plaintiff Wife Roma L. Nieves respectfully petitions your Honorable Court to issue a preliminary and special injunction against Defendant Husband Abraham Nieves's removal, disposition, alienation or encumbering of Husband's Inland Container Inc. 401(k) except hardship distributions for payment of Wife's medical fees, obtainment of medical care and COBRA health insurance coverage premiums; to direct the continuation of the injunction until a hearing can be held in due course (rather than being held within five days after the granting of the injunction); and to grant such other relief as the Court deems proper and just. Respectfully submitted, U~U Scott A. Ruth, Esquire For Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA L. NIEVES, Plaintiff, NO. 2004-00165 v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE VERIFICATION I verify that the statements made in this Petition for Special Relief and Injunction against Disposition of Property Pending Suit Under Section 3305(a) of the Divorce Code aI'€' true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 4-/1-0<; .. ~/ jl d~ Roma 1. Nieves Plaintiff Petitioner ANDREWS & JOHNSON Attorneys at Law 78 W. Pomfret Street Carlisle, PA 17013-3216 TAYLORP. ANDREWS RONALD E. JOHNSON Telephone (717) 243-0123 Telefax (717) 243-0061 March 3 I, 2004 Scott A. Ruth, Esquire 4 High Street Hanover, PA 17331 RE: Nieves Dear Scott: I am writing in response to both your letter of March 19, 2004 and also your letter of F,e~f\laryJ 1, 2(j04. While I am representing Mr. Nieves in the diVorce I do not know tbat I will be entenpg my app~arance at least at this time. .. , . . ,',' . ,. ~. - ,- . ;, . i', Iuany event, I met with my client on March 30th and he has advised that your client has' in fact now received the necessary medical cards. Please be advised that Mr. Nieves. actually only received those yesterday in spite of what his employer may have indicated to Mrs. Nieves. That being here nor there, my client would also ask that your client not have any direct contact with him and that any contact that may be necessary should go between you and L -- What the status of the medical insurance maybe now that my client has lost his job we are not sure. His union has filed a grievance with the employer in an attempt to get his job back. &ltre~ A In the Court of Cormnon Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROMA L. NIEVES ) Order Number 00020 S 2004 Plaintiff ) vs. ) PACSES Case Number 786106076 ABRAHAM NIEVES ) Docket Number 00020 S 2004 Defendant ) Other State 10 Number ORDER OF COURT o Final (i) Interim 0 Modified AND NOW, 12TH DAY OF FEBRUARY, 2004 ,based upon the Court's determination that the Payee's monthly net income is $ 1019.08 and the Payor's rnonthly net income is $ 2,168.40 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit THREE HUNDRED TWO AND XX/lOO Dollars ($ 302.00 ) a month payable WEEKLY as follows: first payment due NEXT PAY DATE The effective date of the order is 01/08/04 . Arrears set at $ 289.00 as of FEBRUARY 12 2004 are due in full , IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. Thesl~ 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 ROMA LYNN NIEVES Birth Date 08/16/51 GltUrr B Form OE-518 Worker ID 21005 Service Type M NIEVES V. NIEVES PACSES Case Number: 786106076 per month payable The defendant owes a total of $ 3 02 . 00 for arrears. The defendant must $302.00 WEEKLY for current support and $ 0 . 0 0 also pay fees/costs as indicated below. This order is allocated and monies are to be applied as follows: Frequency Codes: Payment Amountl Frequem;y $ 302.00 1M $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I $ 0.00 I 1 =One Time B =BiWeekly 2 =Bi-Monthly 5 =Semi-Annually S =Semi.Monthly A =Annually M = Monthly W =Weekly Q = Quarterly Deht Type De.cription SPOUSAL SUPPORT Rp.n~fic.i;:!t:Y ROMA LYNN NIEVES Said money to be turned over by the Pa SCDU to: ROMA LYNN NIEVES . Payments rnust 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 17106-9J.10 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 Worker ID 21005 NIEVES v. NIEVES PACSES Case Number: 786106076 Umeimbursed medical expenses that exceed $250.00 alIDually per child and/or spouse are to be paid as follows: 68 % by defendant and 32 % by plaintiff. The plaintiff is responsible to pay the first $250.00 annually (per child and/or spouse) in umeimbursed medical expenses. @ Defendant 0 Plaintiff 0 Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the o Plaintiff @ 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: I) 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: DEFENDANT IS TO OBTAIN AND MAINTAIN MEDICAL INS~,CE COVERAGE FOR HIS SPOUSE, THE PLAINTIFF. DEFENDANT IS GIVEN CREDIT IN THE AMOUNT OF $350.00 FOR DIRECT PAYMENT TO THE PLAINTIFF. THE RETROACTIVE BALANCE OF $254.00 IS TO BE PAID IN FULL ON OR BEFORE THE 8TH DAY OF MARCH 2004. DEFENDANT IS TO PAY THE THIS ORDER AND IS TO BE SECTION. P.O. BOX 320, COURT COSTS OF $35.00 WITHIN TEN DAYS UPON RECEIPT OF PAYABLE TO THE CUMBERLAND COUNTY DOMESTIC RELATIONS CARLISLE, PA 17013. Defendant shall pay the following fees: Fee Total $ 10.00 $ 25.00 $ 0.00 $ 0.00 $ 0.00 Fee Description furJUDICIAL COMPUTER FEE for COURT COSTS for for for P'I)'meot Fre'll1ency Payable at $ 10.00 per ONE TIME Payable at $ 25.00 per ONE TIME Payable at $ 0.00 per Payable at $ 0.00 per Payable at $ 0.00 per Page 3 of 4 Form OE-518 Worker 1D 21005 Service Type M NIEVES v. NIEVES PACSES Case Number; 786106076 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 WlUFUUY FAILS TO REPORT A MA1ERlAL 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 ATIORNEY. 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 ATIACHMENT 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 (I) 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 MAYBE 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 0 % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties Date Consented: Plaintiff Plaintiff's Attorney Defendant Defendant's Attorney DRO: RJ Shadday xc: plaintiff defendant Scott Ruth, Esquire Ronald Johnson, Esquire BY THE c~: n, 4 ,,/ Kevin A. Hess Judge Page 4 of 4 Form OE-518 Worker ID 21005 Service Type M In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: Docket Number: Other State ID Number: 786106076 00020 S 2004 Please note: All correspondence must include the PACSES Case Number. FEBRUARY 12, 2004 SUMMARY OF TRIER OF FACT Plaintiff Information Defendant Information ABRAHAM NIEVES ROMA L. NIEVES Address: 1201 YVERDON DR BOX 4 CAMP HILL PA 17011-1256 Address: 501 OXFORD RD GARDNERS PA. 17324-9035 Employer: INLAND CON~AINER 136 E YORK ST BIGLERVILLE: PA 17307-9425 Employer: Attorney: RUTH SCOTT A Attorney: JOHNSON RONALD E IXI Complaint for Support 01/08/04 0 Petition for Modification Filed o Other Dependent( s) Current Order: $ 0 . 00 / per month NEW ACTION Service Type M Form eM-022 Worker ID 21005 NIEVES V. NIEVES Plaintiff Information Current Income: $280.00/W GROSS E.C.@ $7.00 PER HR $1019.0a/M NET Tax Return: P-1 Medical Coverage: NO COVERAGE AT THIS TIME Child Care/Tuition: Additional Obligations: Other Information: 7/3/99: PARTIES WERE MARRIED 11115/04: PARTIES SEPARATED PACSES Case Number: 786106076 Defendant Information $640.00/11 GROSS AVERAGE AS STIPULATED BY THE PARTIES $216a.40/M NET P-1 DEF HAD TAKEN PLTF OFF OF HIS MEDICAL INSURANCE & WANTS TO PUT HER BACK ON. THERE IS A COST OF APPROX $31/WK FOR BOTH PLTF IS LIVING w/ HER ADULT DAUGHTER AND GRANDCHILD. PLTF IS NOT EMPLOYED AND HAS NOT WORKED SINCE 4/03. SHE WAS EMPLOYED AS A CHILD CARE PROVIDER FOR RURAL OPPORTUNITIES FOR 1 AND 1/2 YRS. SHE HAD LUNG SURGERY IN 2002 AND BACK SURGERY IN 9/03. SHE IS RESTRICTED IN HER WORK AS SHE CANNOT LIFT MORE THAN 20 LES TWICE A DAY. SHE HAS CARPEL TUNNEL IN HER IIRIST AND THAT LIMITS HER FOR FACTORY WORK. PLTF ALSO HAS EPILEPSY AND IS 011 MEDICATION FOR THAT. DRO ASSESSES PLTF AN EARNING CAPACITY OF $7.00 PER HOUR. PLTF HAS NO MEDICAL VERIFICATION THAT SHE SHOULD NOT WORK. DEF LIVES ALONE IN THRE MARITAL HOME THAT IS A REN~rAL. Page 2 of 3 Service Type M Form CM-On Worker ID 21005 NIEVES v. NIEVES PACSES Case Number: 786106076 Other Information (continued): Facts Agreed Upon: DEF MADE DIRECT PAYMENTS IN THE AMOUNT OF $350.00 TO PLTF Facts in Dispute and Contentions with Respect to Facts in Dispute: Guideline Amount: $ 344.80 /MONTH DRS Recommended Amount: $ 302.00 /MONTH DRS Recommended Order Effective Date: 01/08/04 Parties to be Covered by Recommended Order Amount: WIFE Guideline Deviation: x YES or NO Reason for Deviation: PLTF % OF THE MEDICAL INSURANCE COST. Submitted by: R. J. SHADDAY Date Prepared: FEBRUARY 12, 2004 Page 3 of 3 Form CM-022 Worker ID 21005 Service Type M In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC \lEL.\TIONS S1lCTION 13 N. H.......IOVER sr. P.O. BOX 3Z0, cAJU,ISLE, PA.17&13 FaJC (717) 240-6248 Phone: (7i7) 240-6225 MARCH 19, 2004 Plailltiff Name; ROM L. NIEIIllS Defendant Name: ABRAH1\M NIEVES Docket Number: 00020 S 2004 PACSES Case Number: 786106076 Other State ID Number: P1ease note: AU correspondence must Include the PA.CSES Case Number. ~otification to Defendant to Add Deuenderitls) to lnsurance AllRAJl}.M NIEVES 501 OXFORD RD GARDNERS PA 17324-9035 Dear A<lRA!IAM NIEVES Your Order for Support dated FEBRUARY 12, 2004 stales that you must provide medical insurance. coverage for As of this dare you either do not have the coverage required or you have failed to provide us with proof of this coverage. . If your dependent(s) is/are already covered, you must submit the insurance card(s) and/or necessary forrn(s) and account number(s): o to this office within ten (10) days. . . GU to the plaintiff within ten (10) days and send a copy 10 this office. If you do not already have your dependent(s) covered, you must add him/them to your policy immediately and submit proof as noted above within ten (10) dayS. Failure to respond to this notice will be considered nonccompliancewith your support order, lond.further court.action may be raken. If you have any quesliull.> , pl~ase contact this office immediately. '. Sincerely, /' ,'.; . j!! 'j;Ji.!' '<":''(J Fotm EN-522 Worker 10 21005 ServiCll Type M EX~I8XT G -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CRIMINAL - DIV. COMMONWEALTH l':HA*~~ing ~n~:r .~he Influence M-2 < VS AFFIANT Pt 1 Ppte' R, . ~. TI.......er A.Twn.pn Abraham Nieves VERDI CT .Box 464 High St. Arendtsville,Pa. 17303 OFFENSE DATE 2/1/92 OTN,E074435-4 BAIL ROR Posted 2/24/92 ILED ~_c "' '00' &96\\7,48 BY: Klair 27 .50 STRICT JUSTICE COMMITMENT JNSTABLE MOTION FOR NEW TRIAL . STRICT ATTORNEY 10 00 SHERIFF COSTS iERIFF 1 '0 CERT. TO STATE \W LIBRARY POSTAGE . JMB.CO.USE EMS 25 .00 NE CAT 50 .00 =NCH WARRANT cc 15 .00 \KING BAIL OR REVOKE CVC 15 .00 LING PAPERS. ETC. I,n ,n JBPOENAS JLLE PROS. . . i ONTINUANCE I ~KING RECOGNIZANCES JRFEITURE OF ECOGNIZANCES NO. 494 CRIMINAL 1992 C,'fot~" 1)":!-II'f, - K' $ l' r r;'f/(j, JSTPAID: 1/-'5-91 <if"" '2.tJ:) {iff" ~s:a> Ci/'T<)o.C1J CL/~/S:ctJ (JCi!./.r;tl?, ta4J08'J..O:Ji/-.1O-1.l.' , -8-' -', ') I /r.'7'~ j)".f,jh ifu {". c.0 . . . FILED: JULY 17. 1992 IN RE: ARD ENTRANCE AND LICENSE SUSPENSION ORDER OF COURT DATED: JULY 17. 1992 IT IS HEREBY ORDERED AND DIRECTED THAT THE DEFENDANT IS ACCEPTED INTO THE ARD PROGRAM. IT IS FURTHER ORDERED AND DIRECTED THAT THE DEFENDANT'S PENNSYLVANIA DRIVERS LICENSE IS HEREBY SURRENDERED AND THE OPERATING PRIVILEGES ARE HEREBY SUSPENDED FOR A PERIOD OF SIX MONTHS EFFECTIVE THIS DATE. FOR CONDITIONS OF ARD.SEE ORDER OF COURT. BY THE, COURT, KEVIN A. HESS. J. [iff-rEfr D ~^ 1 2 3 .4 5 6 7 8 9 10 11 12 13 14 15 16 17 r 18 19 20 21 22 23 24 25 , \ \) I I IN I I THE COURT OF COMMON PLEAS OF ADAMS COUNTY, Criminal Cbmmonwealth i CC-166-97 I vs. I I Abraham Nieves ORDER OF COURT - 'to ..... 1997, the Defendant AND NOW this 4th day of JUnE3, ~ppeared with counsel for the purpose of sentencing. The I Slentence of the Court on Count one, driving under the influence in violation of Section 3731 (a) (1) of the Vehicle Code as a second offense is that the Defendant shall be placed in the intermediate punishment program for a period of 23 months. The first 15 days of which shall be spent in partial confinement at the Adams County Prison, the next 30 days shall be spent under house arrest and the balance of this sentence shall be supervised pursuant to recommendation of the Adams County Probation Office in accordance with the Adams County intermediate punishment program. The Defendant shall be eligible for transition to the next phase of the program only upon successful completion of all requirements of each preceding phase. The Defendant shall pay a fine in the sum of $650, the costs, a $25 public service fee, a $10 fee to the Adams County Law Enforcement CopietJ Ji~tributeJ to: I dD(1']. \ Ii) . \O~p '-. .) \.\)C' .. . , r . .' -'L.y,~'; \ttdl,l:--~'. ..\,(I..r+3, lrJ'" \, -r '?l no,rn..t Ii , Fund and all other fees, fines and 1 Alicia K. Wooten;, RPR Official Court Reporter <- ~ cr.. <AJ> ... .t:' ;: 1 . ......." I I costs mandated by law, Local Rule of Court or ,:.:,;...: ,:'. "--:'\ r:~.~' "c' I~; Administ:?tati:ir'ei ~:<, . 'L::~ 2 Order of Court. 3 The Defendant's participation is subject to the 4 standard conditions and in addition thereto 2(b) and 2(c). 5 Nothing in this order shall limit the Court's 6 ability to resentence the Defendant to the maximum sentence 7 prescribed by law if he is revoked from the program 8 including but not limited to consecutive sentences. 9 The Defendant is notified of the requirement to 10 comply with Act 122 of 1990. 11 The effective date of this sentence is today's 12 date. However, the Defendant is placed on special furlough 13 for the purpose of getting his affairs in order and is 14 directed to report to the prison on or before 6:00 o'clock 15 p.m. June 19, 1997. He is advised his failure to so report 16 17 18 19 20 21 22 23 24 25 would constitute the crime of escape. BY THE COURT, <::: D. Kuhn, Judge Bernard Yannetti, Jr., Esq. Jeffery Cook, Esq. 2 Alicia K. wooters, RPR Official Court Reporter 1/07/?4 13,38,47 In the Court of Common pleas of Franklin County - Criminal Division (ID, Casdtllst1) Page 3 Commonwealth vs. NIEVES ABRAHAM Case # OTN # Def # C04481999 F2428285 106336 ******************************** Case Proceedings *************************.***** ORDER, 6/28/99, the Court finds that the defendant has voluntarily and understandingly offered to enter plea of GUILTY to the charge of DUI-M. and the plea is accepted and defendant is directed to enter the plea in writing on the Information. The Court finds that a presentence investigation report is required and sentence is deferred to 8/4/99 ( ) The defendant shall undergo a drug and alcohol The cost of this evaluation shall be paid by (x) The defendant shall surrender his operator's license to the Clerk of Courts. colloquy attached filed 6/28/99, Cindy Robinson, dp clk by the court, Douglas Herman Document Type: free form template Brief Content: CERTIFICATION LICENSE ATT Document Detail: Aug. 4, 1999, Certification to PennDot. Martha File Date: 8/04/1999 Order Date: 8/04/1999 ~rudge : HERMAN Burkholder, Dep. Clk. Document Type: SENTENCING ORDER File Date: 8/04/1999 Brief Content: PAY THE COST OF PROSECUTION Order Date: 8/04/1999 Document Detail: ~rudge: HERMAN ORDER OF COURT 8/4/99, the defendant is E1entenced to pay the cost of prosecution, pay a fine of $350.00 and undergo imprisonment in the FRANKLIN COUNTY PRISON for a period of not less than 100 days nor more than 23 months to be computed from this date and stand committed until sentence is complied with. The defendant will be considered for work release. The defendant shall, as required by law, pay the following: ACT 35 supervision fee (7IP.S. 180-7.20) in the amount: of $25.00 per month , pay criminal laboratory user fees, a fine of $10.00 the Emergency Medical Services Act and $200.00 CAT Fund Fee. Unless otherwise ordered by the Court, the defendant is placed on parole at the expiration of the minimum sentence on the following conditions: (x) The defendant is placed under the supervision of l:he Franklin County probation Department and is subject to the Rules and Special Conditions of Parole approved by the Court and authorized to be completed by the Probation Department and any special conditions imposed by the supervision staff. (x) The defendant shall complete the DUI Course and any drug and Abra....m Nieves 501 Oxford Rd. Gardn.... PA 17324 INLAND PAPERBOARD AND PACKAGING Nieves. Abraham 10296992 ~~t~t*~I.I_~Jilillj~_~~tt_:~I:UJ.!'1 ... *!j~1_1.~t~!~:f:~ff: ~~lij~~!III~!J!;; .i~'*.::' -.. 13.810 '.00 96.81 1,863.22 -.. G.n 521.91 4,870.110 -,.. 14.060 19.00 267.14 267.14 Feder.' l~m.T.x 29.74 368.92 Aelrulu 11l.130 '.00 78.85 78.68 Fede'-' FICAWllhh.1d 31.88 2911.46 Regular 15.890 5.00 78.45 79.45 feci...., Medlcll'8Withh.ld 7.46 70.04 Dvartlm,-H 819.64 P",SIT 15.77 l3S.Sa Holldllv 333.60 PASUI Wlttllleld ." 4.38 Vlc~nCkA. 1,428.80 PAOccupallonal HeadTlx 10.00 CoMatchUn 5.22 92.19 PA8111I"rvIMaBor. 2.57 24.15 PASO South Middleton 5.85 53.13 PreTuMed 8,10 40.80 UnDue.' 29.12 401kPreTxUn 10.44 227.88 .... UnLoH1' -7539 24.38 121.80 40lkUnLollnl 9691 24.21 121.05 l~!~~!~~~~:[~!I.:I.I'Ij~im~mU ~l:~!~~~ililli~t.l,.I:i.;'.~~~~:~l~:~:~~i ~1[~i~J1~tt~~I:II~~I~!I~~~:*~~~ [:~~{~~~~~~*m:m~~~.~Jf~*:j~~j~~mIf::~tl 52 1 .9 1 503.37 1 60. 63 36 1 .28 !j!ttM.lt.I:I'IIIiiij!! ili:In:*f:1J~I&1.M~mllli&mili~lli~~~~ .~I~~~~r~{1l.{I~~J.~11l:ill~~1~~ ~tll:i:ImJ~1~~:Be'1T1.t~1il~:!~~I~I: 4,870.50 02/0 1 /04 47 02/05/04 Ar~ .'.; i:il!!l~b ...ilmfiiilJ;tlWllIONMi INLAND 02105/04 47 $ 361.28 A Temple-II,ilmd Company Indianapolis, Indiana 46268-0937 DEPOSITED TO ACCOUNTlS): 231382241 MEMBERS 1st FEDERAL CU 237935000 361.28 Nieves, Abraham DEPOSIT ADVICE ONLY - NON NEGOTIABLE Eittr0rT [; The amount shown has been deposited directly to your checking account -'"''1'''' 401 (k) Plans Q 23:34 Q 23:34 What amounts may be distributed In the case of a participant's hardship? Prior to attaining age 591;z, participants in a 401 (k) plan are permitted to make in-service withdrawals only in the case of a hardship (see Qs 23:35- 23:39). A distribution on account of hardship must be liimited to the distributable amount. The distributable amount is equal to the employee's total elective contributions (see Q 23:13) as of the date of distribution, reduced by the amount of previous distributions on account of hardship. If the plan so provides, the employee's total elective contributilons used in determining the distributable amount may be increased by earnings thereon, and by qualified matching contributions and qualified nonelective contributions (see Q 23:14) used to satisfy the ADP test (see Q 23:8) and earnings thereon. The distributable amount may include only amounts that were credited to the employee's account as of a date specified in the plan that is no later than December 31, 1988, or, if later, the end of the last plan year ending before July 1, 1989. Thus, the maxirnum amount available to a participant for a hardship withdrawal consists of the amount of a.ll such contributions and eamings thereon as of the applicable date, plus elective contributions made thereafter. [IRe 9 40l(k)(2)(B)(i)(IV); Treas Reg 99 1.40l(k)-l(d) (1) (ii), 1.401(k)-l(d) (2) (ii)] If the participant does not qualify for a hardship withdrawal, the partici- pant may be permitted to make a loan from the plan (see Qs 13:44-13:52). 23-31 e HrBX, f~ ~ , w I\) :;::I t:I 0 ..... l:l ::::r''O ~ ...... >-3 ~ ro ro '""i S f'O I'll ..., <<,0 ::r't:I ~ ~ fti 13 ~~'" S! S'" " '" ", -/'t) ..,J.r::r;!ll'll::l_ ....:! ....:! rtl j:l...... 0..(1) jl.l" n ro ~ ~~,S;'O ~~'O r::rllJ &:0. V'J -..........."0;:::1 ro 1::":'"0 ro '""it:lOt't>jl.l~&~p.Pi"~- l"tlot:l~'<(')f'D8 t:ll'O~ '" - ::0 0. i=" 0;' '" ;i::l '" 0. 13 ~eTo 8-~rot:::..;::T-'Er ~ ......: ~ ::r _ t:I ..., 0. ~ ~ C/'J ", -1"0 '''' I'll O' ~... '" 5' 0. 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",,1 ~ - ~ ~ ..., D ::l en €> l::l ~ ,." c::. C,"-' <.:,~ .r--- "D ....,;,. t:'? (!1 (') -71 '---I :.r FT-''''' 'F~ l:~J L ~ "l ., ::~J ") ,-n , ~,< ROMA L. NIEVES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU1\ITY, PENNSYL VANIA v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant NO. 04-0165 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of April, 2004, upon consideration of Plaintiffs Petition for Special Relief and Injunction against Disposition of Property Pending Suit under Section 3305(a) of the Divorce Code, it is ordered and directed as follows: I. A hearing is scheduled for Wednesday, June 16, 2004, at 9:30 a.m., in Courtroom No. I, Curnberland County Courthouse, Carlisle, Pennsylvania. 2. Pending the hearing, Defendant shall not remove, dispose of, alienate, encumber, or otherwise diminish the: value of his Inland Container, Inc., 40lK except for payrnent of Plaintiffs medical fees, acquisition of medical care and COBRA health insurance prerniums. BY THE COURT, ~tt A. Ruth, Esq. 4 High Street Hanover, PA 17331 Attorney for Plaintiff Araharn Nieves 501 Oxford Road Gardners, PAl 73 24 Defendant, pro se > 04-~g -O~ Cyurtesy Copy: V"faylor P. Andrews, Esq. 78 West Pomfret Street Carlisle, P A 17013 :rc IfJNW\l,\SNN3d I 'A1f'1" "I n' ....."..."...,Alf'1r\ "-U'JII\}.. t...."\'/ ;;:1:~::::;irVf IV LS ://J.lV 6, ~dV~OOZ AIiV10NOi-lLOf.id 3fiL :/0 30r::!:lQ-Q31l:1 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA L. NIEVES, Plaintiff, NO. 2004-SU-165-Civil Term v. : CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE AFFIDAVIT OF SERVICE I, Scott A. Ruth, Esquire, do hereby swear and affirm that on the 4h day of May, 2004, I served a true and correct copy of the Order of Court dated April 28, 2004 and Notice to Attend with duces tecum and cover letter serving same upon the Defendant by regular mail with certificate of mailing, and addressed as follows: Abraham Nieves 501 Oxford Road Gardners, PA 17324 A true and correct copy of the Notice to Attend with duces tecum, cover letter and Certificate of Mailing all dated May 4, 2004 are marked for identification as a lot as Exhibit A, attached hereto and incorporated by reference. The regular mail was not returned within fifteen (15) days. I verify that the statements made in this AffIdavit of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Respectfully submitted, ~~ Scott A. Ruth, Esquire Attorney for Plaintiff 4 High Street Hanover, P A 17331 (717) 630-9333 J.D. #61934 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA 1. NIEVES, Plaintiff, NO. 2004-SU-165-Civil Term v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE NOTICE TO ATTEND TO: Abraham Nieves 501 Oxford Road Gardners, PA 17324 (1) You are directed to come to Cumberland County Courthouse, Courtroom 1, Carlisle, Pennsylvania, on June 16, 2004 at 9:30 a.m., to testify on behalf of Roma L. Nieves as on cross-examination as a hostile witness in the above case, and to remain until excused. (2) And bring with you the following: All paperwork relating to 40lk; all paperwork relating to COBRA coverage andl cost with former employer; paperwork relating to status of medical insurance card through Inland Container, Inc.; termination from employment with Wand Container, Inc. paperwork; union grievance paperwork relating to termination of employment and application for reinstatement; paperwork concerning illness identified in support modification petition filed April 22, 2004; prescription for antidepressant identified in support modification petition filed April 22, 2004; writings evidencing "I am very actively looking for employment. . ." as set forth in support modification petition filed April 22, 2004. If you fail to attend or to produce the documents or things required by this notice to attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. Date: May 4, 2004 ~n~ Scott A. Ruth, Esquire 4 High Street Hanover, PA 17331 717-630-9333 . . fi-/-IJ rod 4 SCOTI A. RUTH o1hI,~ o1t ;&,u 4 HIGH STREET HANOVER, PENNSYLVANIA 17331 TELEPHONE (717) 630,9333 .' fAX (717) 6;10.0888 ANGELA DRUCK RUTH. .!J>amkya.( May 4, 2004 Abraham Nieves 501 Oxford Road Gardners, PA 17324 Re: Roma L. Nieves v. Abraham Nieves, 2004- 165 Civil Tenn, Action in Divorce Dear Mr. Nieves; Enclosed find an Order of Court dated April 28, 2004 and Notice to Attend with duces tecum (to bring documents) dated May 4, 2004. You are receiving this as evidenced by certificate of mailing. Scott A. Ruth SARI adr Enclosures u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAll, DOES NOT PROVIDE FOR INSURANCE POSTMASTER -~~I" #r Mlw bL ,orJA l1'33\ -. One piece of ordinary mail addressed 10: _~h{){'l N()JJfj , (6 \ ~JH IDoJ Co,rtl ~ IsdJ{ PS Form 3817. January 2001 " " " '.' co g.t.;n ~(=J .... ~(..o b(=' -J :i~~1 ,~ '" ',~ :; 1" ~ !~ ;~ :~ ! :r. ~:: :t..< :D (I) :l: ..~%'"'C. E:~~1~~'o 2:~ wrnOCl __I _.::0 tt) o ~ ..~ .l!> -0 :t> :D (;) '" r;;5 "'" ~ '- c::: .,,: o ~ s. -0(,: n")L <::.-it <fJ __,f ~{.') ?~'i,-j 7P'" (:~ -/ 3. 0" ~ ~::D "'r: ..,.,tn cuP b,b -. . :i:~ 01''"> 21'1 {:). -.".1 \;.;~ ':!J.. T'" ::::; ..0 " o CO ROMA L. NIEVES, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABRAHAM NIEVES, Defendant CIVIL ACTION -, LAW 04-0165 CIVIL TERM consideration of Plaintiff's Petition for Special Relief and Injunction against Disposition of Property Pending Suit under AND NOW, this 16th day of June, 2004, upon ORDER OF COURT Section 3305(a) of the Divorce Code, and following a hearing held on this date at which the evidence tended to show that the Defendant had withdrawn his 401K account with Inland Container, Inc., prior to the April 28, 2004, order of court proscribing such withdrawals and has, at a time not precisely determined yet, spent the majority of the $6,111.25 proceeds of the account, and the Defendant having testified that he can prOvide health insurance for follows: Plaintiff and is willing to do so, it is ordered and directed as Court; Plaintiff, and shall maintain the same until further order of Defendant shall have in place reasonable health insurance Covering 1. Within five days of the date of this order, distribution; ultimately be credited to her for purposes of equitable Chambersburg, Pennsylvania, the sum of $1,200.00, which shall his checking and savings accounts at the Patriot Credit Union in 2. Defendant shall immediately pay the Plaintiff from 1990 Isuzu motor vehicle which he is presently driving. transfer, encumber, damage or otherwise diminish the value of the 3. Pending further of Court, Defendant shall not V\;-.\Vi'\t\.,S\ \",f-1d I I \\CI(/"r;. ''- :"",,-~r":Mf""l"\ i\..i..l"l ,-,,_' -- ,_.,.:In, IV 9 \ :01 H<J \ Z tlOr IjUill ""l')"". 'JO"d :1'-\' '0 /\vr \.\\\.)i1 '" tl ...JI 1 :I 3ClU~O-031!d v/scott A. Ruth, Esquire 4 High Street Hanover, PA 17331 For the Plaintiff Jlbraham Nieves 501 Oxford Road Gardners, PA 17324 Defendant Pro Se pcb f\\.D~ OV'O" By the Court,. 1 ROMA L. NIEVES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2 v. 3 CIVIL ACTION - LAW ABRAHAM NIEVES, 4 Defendant 04-0165 CIVIL TERM 5 6 7 TRANSCRIPT OF PROCEEDINGS 8 9 10 Proceedings held before the HONORAB:cE J. WESLEY OLER, JR., J., 11 Cumberland County Courthouse, Carlisle, Pennsylvania, 12 On June 16, 2004, 13 In Courtroom Number 1. 14 15 16 17 18 APPEARANCES: 19 Scott A. Ruth, Esquire For the Plaintiff 20 Abraham Nieves, Defendant Pro Se 21 22 23 24 25 1 1".. ;';'~i('!J i] I : I ~Id 87- lnr ~DOZ l.d'/LCi;\C:-~,l.GL:d 3),11 :10 3Ji:J:U'{J3lI:l - 1 INDEX TO WITNESSES 2 3 FOR THE PLAINTIFF DIRECT CROSS 4 Abraham Nieves 3 5 Roma L. Nieves 19 25 6 7 8 9 10 FOR THE DEFENDANT DIRECT CROSS -- 11 Abraham Nieves 29 12 13 14 INDEX TO EXHIBITS 15 16 FOR THE PLAINTIFF MARKED ADMITTED -- 17 18 1 - 401-K 5 18 19 2 - support order 28 28 20 3 - summary 28 28 21 22 23 24 25 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 June 16, 2004 Carlisle, Pennsylvania (The following proceedings were held at 9:34 a.m.) THE COURT: This is the time and the place for a hearing on a Petition for Special Relief and Injunction against Disposition of Property Pending Sui~ Under Section 3305(a) of the Divorce Code. We will let the record indicate that the Plaintiff who filed the petition is present in court with her counsel, Scott A. Ruth, Esquire, the Defendant is present representing himself. Mr. Ruth. MR. RUTH: Good morning, Your Honor. At this time I would like to call Abraham Nieves as on cross-examination as a hostile witness. THE COURT: Mr. Nieves, if you would take the stand. ABRAHAM NIEVES, having been duly sworn, testified as follows: AS OF CROSS-EXJIMINATION BY MR. RUTH: Q Mr. Nieves, can you state your name for the record? A Abraham Nieves. Q How old are you, sir? A 55. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you receive a notice to attend to bring documents with you today? A I received something from you, yes. Q Did you receive a court order dated April 28, 2004? A I don't recall the date. MR. RUTH: May I approach, Your Honor? THE COURT: All right, we do have a very limited amount of time for this hearing, I should warn you. BY MR. RUTH: Q Can you identify that c.ocument? A Yes. Q What is it? THE COURT: Well, I assume it is the Court Order of April 28, 2004, is that right? BY MR. RUTH: Q Have you seen that before? A Yes. Q When did you get it? A I don't remember. I can't really tell you. Q April, May? A I would have to look at my notes, if I may. May I get my notes, Your Honor? THE COURT: Certainly. Is there going to be an allegation that he violated the order? MR. RUTH: Yes, Your Honor. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: All right. BY MR. RUTH: Q My question is, do you know when you received this Court order? A I think it was last month, I can't tell you the date. Q Early in the month, middle of the month? A I think it was like the middle of the month, close to that. MR. RUTH: May I approach again, Your Honor? THE COURT: All right. BY MR. RUTH: Q Can you identify this document? A Yes. Q What is it? A It is my 40lK. Q Check? A Yes, a copy of the check. MR. RUTH: May I have t:hat marked as Plaintiff's Exhibit No.1. (Plaintiff's Exhibit No.1 marked for identification.) BY MR. RUTH: Q Can you tell the Court when the check is dated? A The check was dated April 13. 5 Q The amount? A $6,111.25. Q What did you do with that check? Where is the original of that check, this is a copy? That is a copy. Where is the original? The original was cashed. When did you cash it? Around that time. Where is the $6,111.25 right now, where is the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q money? A Q Order? A this check. Q Well, I spent on bills, rent. Did you spend it after you received this Court Do you notice the Court Order was a lot later than My question is, did you spend any of that money after you received the Court Order? A Just for rent and so forth, yes. I am unemployed and I have to pay bills and rent. Q How much of that money do you have left right now? A Roughly around $2,000. Q Where is it, a bank account? A Yes, part of it is in the savings, roughly 900 in the savings, and the checking has roughly $600. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Where is the other l400? 600 in savings? A It is like 1400, yes, 800 and some odd dollars in the savings, and $600 in the check~ng. Q You said you were unemployed? A That is correct. Q Are you currently under a doctor's care? A I have been. I don't have any insurance any more, so I have not been to the doctor. As a matter of fact, I am a diabetic, and I have been taking my medication every -- like every three days, so that it will last until I am able to find employment and get insurance. Q Is diabetes your only major problem? A And anxiety, depression right now, yes. Q You are taking medication for that? A Yes, I am. Q What about you talked about your medical insurance, do you have any medical insurance coverage for your wife? When I lost my job I lost that also. I have tried A to get insurance on her. As a matter of fact, she knows about it, because I have the packet here where I bought a plan. When I got it, it was not what I bought, so I called them and they said I needed to send a letter to whatever -- to this company to get my money back. I discussed that with her, she knows about it. You and I also talked as a matter of fact a couple of days ago. I 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 said, We need to work this out. with you. I was trying to work this out If you notice, I don't have an attorney, I cannot afford an attorney. He needed $3,000 to represent me and I just cannot do that. Q My question for the Court is she doesn't have health insurance today? A That is correct. Q Do you have any pendincr unemployment cases going? A Yes, I have unemployment, I applied for unemployment and, of course, it has been denied. I have a hearing next week in Career Link for that unemployment. Q There was also discussion at your support conference about a union grievance of your last job. What is the status of that? A When I met with the uni.on rep, he told me that there was really not a chance at all of me getting my job back. MR. RUTH: I will open him up for him to testify, whatever he wants to say, Your Honor. THE COURT: Did you want to testify to anything as a result of the questions of Mr. Ruth? A Your Honor, I would like to, yes, make some statements. I don't know much about court proceedings, Your Honor, so there is a lot of other things that is involved here. I would think that I have a right to defend myself. 8 1 My wife, when she left, of course, she left in the 2 middle of the night while I was at work and took a lot of the 3 furnishings, took the one car. 4 According to her, I don't know what to believe or 5 not, she has sold the car, that car was also my property too. 6 I just handed evidently, she is not really destitute because 7 she does have an attorney, she is being represented, so she can 8 afford that. 9 She does -- we have talked this week, she said she 10 wanted to be friends. I said that is fine. But my wife is not 11 destitute, Your Honor, and the COUl:t should know that. 12 She has really done a lot of improper things with 13 me. She has comrni tted adultery, and that was actually going on 14 in our home while we were still living in the home. As a 15 matter of fact, she is driving a car with a man she has been 16 seeing. She has a cell phone. We could never afford a cell 17 phone before. 18 I know where it is com:lng from. I know who the 19 cell phone belongs to. I really truly thought that we could 20 work this out as far as the property and so forth. I am 21 willing to give her anything so we can end this, put this 22 behind us, because right now I cannot function properly. 23 The reason why I lost my job was because of the 24 time that I missed work because I was not -- I operate a tow 25 motor and that was not a safe -- the way I was, it was not safe 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for me to work and I did lose my job, yes. But that came from what she had done to me. I don't know why it has taken so long to get this divorce. I am willing to work with Mr. Ruth and my wife to get this out of the way. I don't know what else to say, Your Honor. I can't sleep, I can't do anything. I am under this medication, I don't know if it does me any good or not. My wife is also taking the same medication according to her. I would like to work this out. I would like to put an end to this situation. I am willing to do anything I can within my means. BY THE COURT: Q Where are you living now? A I live right outside on the other side of Mount Holly Springs, right in Cumberland County, inside the Adams County line. Q Is it 501 Oxford Road? A Yes, sir. Q In Gardners, Pennsylvania? A Yes, sir. Q The zip code is l7324? A Yes, sir. Q What assets does the marriage have, in other words, what property do you own, what property does your wife own? 10 1 A I rent the place, Your Honor, the only thing we 2 have is just everyday things, furniture. I don't have to live 3 on furniture, and the other stuff, the one bedroom that she 4 took. As a matter of fact, Your Honor, this has been going on 5 for quite awhile. 6 Then it dawned on me that we had a storage that was 7 completely full and the key mysteriously disappeared and I 8 couldn't find it. So I got another one for the storage, that 9 disappeared. When she left, I went to storage, I was paying 10 the storage, paying $68.90 a month. 11 The storage was completely, completely empty, 12 except for the mess that was left for me to clean up. So as 13 far as property, we have to sit down. There has got to be some 14 way to do it. 15 Like I said, she took the one car, that car was 16 bought when we were married. 17 18 19 20 21 22 23 24 25 with? Q A Q A Q When were you married? July 3, 1998. All right. You separa1:ed when? She left me on Novembel: 15, 2003, last year. You mentioned a savings account, what bank is that A Q A That is with the credit union, Your Honor. With the credit union? Yes. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What credit union? A Patriot Credit Union. Q The Patriot Credit Union, where is that located? A That is in Chambersburq. Q How much money is in that account? A There was 830 in the savings account. Q Is that in your name alone? A Yes, sir. Q You don't know the account number, do you? A No, sir, I do not. Q Do you have any other checkinq or savinqs account? A Just checkinq, Your Honor. Q Where is that located? A That is with the same. Q Is that an individual account? A Yes, sir. Q In your name? A Yes, sir. Q How much is in checkinq? A Rouqhly about $580. Q You say in the middle of April, did you withdraw all of your 40lK money? A Yes, sir, my wife and I, I borrowed from it twice. After taxes and everythinq that was taken out, that was the amount that was qiven to me. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What is that amount again? A $6,111.25. Q You say that in about a period of a month you spent almost all of it? A No, sir. I borrowed a thousand dollars from my church, and I paid them back out of that. With rent and utility bills, oil was very expensive, I spent quite a bit of it, yes. Q Apparently you spent all but about $1400? A Sorry? Q You spent all but $1400? A Well, there was about $1700 actually, something like that, I am not quite sure, Your Honor. But I just want to get this over with. I need to cont:inue on with my life. Q The problem is you seem to have spent almost all the assets that were in the marriage. A I understand that, Your Honor. We also have a loan that my wife signed also, so that is about $10,000. Q Did you pay any of that off with the $6,000? A No, just, you know, I am on that right now. As a matter of fact, I need to do something about that. I don't know how I am going to right now, to put an end to this, I would like to sit down with her and give you up whatever it is allowed and continue on with my life. When I talked to her attorney he said it was 90 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 days and we will put an end to this and that hasn't happened, and I don't know why. Q One reason is there is no money left. You have taken all the money from the marriage and spent it. A Well, Your Honor, she also took the car on her own, just decided to leave and take a bunch of stuff from the house. That wasn't proper either. Q What kind of car was it? A It was a 1993 Jeep Grand Cherokee. Q Okay. How much do you think that was worth? A When I checked with the Blue Book it was worth roughly 43, $4400. Q There was no money owed on it, it was paid off? A Yes. Q Are there any other vehicles? A Well, I have a 1990 Isuzu Trooper. Q Is that owned free and clear? A Yes, sir. Q Is that in your name? A Yes, sir. I had that before we were married. Q How much do you think that is worth? A Pardon me? Q How much do you think that is worth? A The Blue Book, it is not even a thousand dollars. Q Are there any other assets that you have, any cash 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sitting around the house, any stocks, bonds? A No, sir. Q No other personal property? A No, sir. I am afraid that I am going to have to lose my house, lose my home, and I don't know where I am going to go. I applied to a number of places, and I am waiting for calls from them. I am going to have to go with a temp agency to be able to work. Of course, they don't give you health insurance with that, until I can find a permanent job. THE COURT: Okay, Mr. Ruth. MR. RUTH: Briefly, Your Honor. BY MR. RUTH: Q For that 1996 Trooper, didn't you transfer that to your wife during the marriage when you went to jail? A No, I did not. I don't remember that. If I did, I don't remember it. That still is my car, I had it before we got married. Q Did you cash in or liquidate any guns? A Two guns I sold, yes. Q How much money did you get? A I don't remember, it was like $1400, $1200. That was a long time ago. Q That was during this d:lvorce though, wasn't it? A No, no, no. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 When was it? I don't remember, last year some time. Was it after you separated? No. When you say your home,. you rent, right, you rent Q A Q A Q your home? A Q A Q Yes, correct. How much is your security deposit? $550. So that is the only money you have exposed in your rent, right? As an asset, not rent, the only money you have out in the home is a security deposit? A Correct. Q How is it that an 11-year-old Jeep Cherokee is worth 4300, but an 8-year-old Isuzu Trooper, which are both sport utility vehicles, is only worth a thousand, how is that? A The trooper is 1990. Q '90. A '90. MR. RUTH: I have nothing further, Your Honor. THE COURT: Any furthel: testimony, Mr. Nieves, that you wanted to give as a result of those questions? A Please excuse me, Your Honor. I don't know the -- I don't know why we are here. We could have taken care of this without coming to court. I want this resolved, and I will give 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 her anything she wants to put an end to this. THE COURT: What do you have to give? A I don't, that is the thing, I don't. If you look at it that way that she sold the jeep, it was bought during our marriage. Right now I am stuck with a $10,000 loan which she would be liable for 5,000 of it, plus the jeep that she sold, plus the stuff that she took from the house, whatever, the storage. She took a lot of my military mementoes from Korea, Germany. All kind of stuff, she just took everything. THE COURT: Okay. MR. RUTH: I have one more question based on that. THE COURT: All right. BY MR. RUTH: Q Have you met with a bankruptcy attorney recently? A Yes, I am thinking of filing for bankruptcy. Q That would take care of that loan, wouldn't it? A Yes, but it is quite a bit of awhile, that will take awhile. Q Did you know that if you had not cashed your 401K and filed bankruptcy, you could have saved all your 401k from bankruptcy? A No. I do not know whel:e that is going to take me, or be done because of the money it caused. THE COURT: You may step down, thank you. MR. RUTH: At this time, Your Honor, since I know 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you have limited time, I wanted to move for the admission of that check. I also have, before I came up here, an Affidavit of Service of a notice to attend and produce documents which included service of the Court Order. I didn't know if the prothonotary served it. It seemed like they did, but I wanted to make sure it was served independently. So even though this is a copy, I am pretty sure you don't have it in your file because I just did it a couple minutes before. THE COURT: I see. Mr. Nieves, is there any objection to the admission of Plaintiff's Exhibit 1, which is that copy of the check? MR. NIEVES: No, Your Honor. THE COURT: All right, Plaintiff's Exhibit 1 is admitted. Mr. Ruth. MR. RUTH: At this time, Your Honor, since your court time is valuable, I would make an offer of proof that she wouldn't really add much more that would be beyond cumulative of this was the principal asset, there really isn't anything else. I view him in contempt for admittedly spending it afterwards, and I would ask for constructive trust for what is left or at least leave to come back to do some discovery to figure out where that money really went and file a petition for contempt later. THE COURT: MR. RUTH: Are you concluding your case? I am giving you an offer of proof. If 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you would like, I would put her on the stand. I don't know your time constraints. I don't thi.nk she would add much more, because the principal thing we were fighting about was the 401K existence and the amount that she has testified to and that it is mostly gone and medical insurance which he admitted he doesn't have. That is really the narrow focus of this hearing. I give you an offer of proof that she would say more or less the same things that he would say, she would dispute some of the values, but I don't think that has any great value to you. If you want it, I will put her on. THE COURT: I can't be in a position to tell you how to present your case. An offer of proof is generally made when the other side objects to the witness being called at all. If you want to call her and have her verify the contents of the petition, that is certainly acceptable. MR. RUTH: I would like to call Roma Nieves. THE COURT: All right. ROMA L. NIEVES, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. RUTH: Q State your name for the Court. A Roma Nieves. Q Where do you reside? 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A 1201 Yverdon Drive, Camp Hill, Pennsylvania. Q How old are you, ma'am? A 52. Q What is your occupation? A I am unemployed. I have health problems. Q Tell the Court the assets of the marriage briefly? A The assets of the marriage. Q That existed at separation. A Well, we had the 401K, we had the two rifles. We had a living room suit, one bedroonl suit, one bedroom suit was given to me. Most everything we had I had before we were married. He gave away my antique dining room suit, so I don't have that, and he bought another one and he has that. We had the two cars. Most everything we have I had before we were married. We had the rifles. I don't know what else. Q So the 401K was the principal asset? A Yes, the 401K and the t.wo rifles. They were valued at a thousand dollars each. Q Was there any other liquid money laying around? A I don't know, I haven't had access or been able to see any money since July 11 of last year. Q Have you received any support money lately? A I haven't received support since March 30 I think, but he did give me a hundred dollars. Thursday. I think that was on 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Is there a support order? A Yes, there is. THE COURT: There is? A Yes. THE COURT: For you? A BY MR. RUTH: Yes. That is in Cumberland County, the support order? Yes, it is. MR. RUTH: I have copies for Your Honor, a certified copy later after her testimony. Q A BY MR. RUTH: Q Talk about your health insurance, do you have health insurance? A No, I don't. Q Was it ordered in the support as part of your support case? A Yes, it was. Q Do you have unpaid medical bills at this point? A Yes, I do. Q How much are they roughly? A Roughly, I think my doctor is 300. I owe like, it is like 300 and some to the hospital. I think that is about it, because I really haven't been going to the doctor like I should. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q This Jeep Cherokee, what was it worth? A I don't know what it was worth, I borrowed $3,000, that is what I sold it for. The man that has it had to pay over $700 to have the door repaired. He put insurance on it and everything. Q What about this 1990 trooper that your husband drives, what is that worth? A I don't know, I don't have any idea. Q Was it ever transferred to you during the marriage? A Yes, it was. When we got married, he was getting ready to go to jail for his third DUI. He transferred to me so I could put insurance so his sister could transport him from the jail to work and back to jail again, he couldn't get insurance. Q Does your husband still drink? A He says no, but his sister said yes. Q What do you think? A I think yes. Q Have you filed for any public assistance benefits? A I haven't yet but I plan on doing that today while I am in town. I was concerned about filing and then getting, you know, half of the 401K, whether I would be held for fraud or something, so I didn't do it. Q Do you have anything else you want to tell the Court? 22 1 A Just that basically the reason I left was total 2 abuse. I had surgery in December of 2002, got home from the 3 hospital on Christmas day and had to cook Christmas dinner if I 4 was hungry and I was, so I had to cook Christmas dinner. I was 5 never allowed to recuperate because I had to have back surgery 6 because I have a herniated disk in my back where they opened me 7 up for my lung surgery. 8 He didn't stay for my surgery and he didn't even 9 bring me home from the hospital. He visited long enough to 10 bring me a soda and a hamburger and he drank while I was in the 11 hospital. The day I got -- he didn't go to work the day I got 12 home. But he also told me that he would lose his job if I 13 continued with Domestic Relations. 14 The furniture that I took when I left was mine. It 15 is like I said, I had just about everything. Most everything 16 in the storage, I think what he moved from his apartment when 17 we got married, he had like three car loads of stuff, and that 18 included a refrigerator that he gave away, everything else I 19 had before we were married. 20 I didn't steal anything. I am trying to be honest, 21 and I was trying to work with him. I went over on Thursday to 22 try to work with him. All he wanted to do was insist that I 23 come back to him. He did give me a hundred dollars cash. 24 I told him that he had to remember that his 25 attorney and the judge at the Domestic Relations said anything 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 he gave me cash was a gift, but I would report it, and I have. I have tried to be honest and open with him. He has always been secretive and behind my back the whole marriage. Everything had to be locked away and kept away from me. The guns he just told me he sold to a dealer for $1500. I told him that they were marital assets. As a matter of fact, when he got the guns he won them gambling -- he had to do the background check on me to get the guns because he couldn't do it on him because he was still on probation. I told him that I really didn't think it was fair for him to get rid of the guns, if anything happened, it would come back on me. I wouldn't take anything that didn't belong to me. I even left him plenty of stuff that did. I am not trying to rip him off. I just feel every penny I had when we were married had to go to him. He controlled the money. To ask for $3,000 or half of the 401K, I don't feel that is unfair. As far as my being an adulteress in our home, no, that is not true. It is not true. THE COURT: Okay. Are all of the facts in your petition true and correct? A Yes, they are. THE COURT: Okay. Mr. Ruth. MR. RUTH: That is all I have, Your Honor. THE COURT: Mr. Nieves, did you have any questions 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of Mrs. Nieves? CROSS-EXAMINATIOl\ BY MR. NIEVES: Q When we were at Domestic Relations, as a matter of fact, Mr. Ruth was there also, you were directed to get a job, which you have not, you were also told that you -- THE COURT: You can ask questions, but you are really making a statement. BY MR. NIEVES: Q Do you remember what else on Monday with the hundred dollars, what else I gave you, what else I bought for you? A Two packs of cigarettes. Q You had cancer, you were in the hospital with lung cancer, is that correct? A Yes. Q But you still smoke? A Because you kept smoking in front of me and blowing smoke in my face and I decided, what is the difference. Q Did you also tell me Monday that you think you have colon cancer? A No, I said they are checking, they are checking, they keep checking me for cancer. But I can't do anything, I don't have any insurance. I can't keep running up bills. Q You can also -- what, you had cancer, why haven't 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you quit smoking? MR. RUTH: on about the medical. THE COURT: The objection is sustained. MR. NIEVES: I don't know about this question, Scott. I asked this question, you didn't do something else where he would probably have to disqualify himself as her I don't know how this is relevant to go attorney. BY MR. NIEVES: Q You are getting inheritance in the near future, correct? A You told me, I don't know if I am or not. The only reason I knew is because you went to the courthouse and you checked it out. Q It is a public record A I haven't checked it. Q There is $72,000 on your dad's estate and it is back -- so divide that by eight children -- THE COURT: Wait. I am getting all confused. What question do you have for her? BY MR. NIEVES: Q You know you have inheritance coming? A Only because you told me. MR. NIEVES: Your Honor, I don't have anything more. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Okay, Mr. Ruth. MR. RUTH: I don't have anything further, Your Honor. You can dismiss her if you want, unless you have any questions for her. THE COURT: You may step down, thank you. MR. RUTH: The only thing I have to close my case-in-chief is to hand up certified copies of the June 7 modification conference and the tryer of fact because it is relevant to the health insurance issued. THE COURT: MR. RUTH: Do you want, those marked as exhibits? Yes, please. You already have a copy, but I will show them to you anyway. MR. NIEVES: Your Honor. I did talk to Mr. Ruth and there is -- I can get the same coverage direct 250 some dollars a month. THE COURT: Can you? MR. NIEVES: Yes, and I can do that. I have discussed that with him and I will do that and certainly catch up with her support. But I want this to again, I would like to put an end to this. We are not going to be able to reconcile or anything. We more or less already disposed of everything except... MR. RUTH: She is going to mark this as an exhibit, this is the support. You have seen this before. MR. NIEVES: Yes. 27 1 MR. RUTH: Do you care? 2 MR. NIEVES: No. 3 MR. RUTH: I imagine you want these, Your Honor. 4 THE COURT: We have to identify them on the record, 5 and then I will ask Mr. Nieves if there is any objection to 6 their admission. What is Plaintiff's Exhibit 2? 7 MR. RUTH: Exhibit 2 iE: Judge Edward E. Guido's 8 order of June 7, 2004, in Domestic Relations, No. 20 S 2004. 9 THE COURT: Okay, that is a support order for 10 spousal support? 11 MR. RUTH: That is correct, Your Honor. Actually, 12 it is an order denying a modification filed by Mr. Nieves, but, 13 yes, it is a support order. 14 THE COURT: What is Plaintiff's Exhibit 3? 15 MR. RUTH: Plaintiff's Exhibit No.3 is the summary 16 of the tryer of fact in the same case dated June 7, 2004, on 17 the actual modification conference. 18 (Plaintiff's Exhibit No.2 marked for 19 identification.) 20 (Plaintiff's Exhibit No.3 marked for 21 identification.) 22 THE COURT: All right. Mr. Nieves, do you have any 23 objection to the admission of those two items? 24 MR. NIEVES: No, sir. 25 THE COURT: Plaintiff's Exhibits 2 and 3 are 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 admitted. Are you resting? MR. RUTH: I rest, Your Honor. THE COURT: Mr. Nieves, do you have any testimony you want to present beyond what you have already said? MR. NIEVES: Just that, Your Honor -- THE COURT: If you do, then you would come forward and been sworn as your own witness. ABRAHAM NIE~VES, having been duly sworn, testified as follows: EXAMINATION BY THE COURT: Q Again, for the record, would you state your full name and your address. A My name is Abraham Nieves, 501 Oxford Road, Gardners, Pennsylvania, 17324. Q Okay, thank you. A In the past, I have done -- I was arrested for DUI, but I did pay my fine and did my time to the Commonwealth. I am now a Born Again Christian, I go to church. As a matter of fact, I go to church at least twice a week, so I am no longer into that mode. It is unhealthy to me and I am getting older and my health is failing. I do not drink. I am, again, going to church quite often. That is the only statenent I have to make, because 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I would not like for -- I want my wife and the Court to know that. Thank you. THE COURT: All right, Mr. Ruth, do you have any questions? MR. RUTH: THE COURT: MR. NIEVES: THE COURT: Nothing further, Your Honor. You may step down, thank you. Thank you, Your Honor. If there is no further evidence to be presented, I will be glad to entertain brief arguments by Mr. Ruth and Mr. Nieves. Mr. Ruth, what are you requesting? MR. RUTH: Well, I am requesting that the injunction -- that he not spend the rest of whatever is left. I don't know if you are open to ent.ertaining a contempt from his admission or not. I don't kno"r how to get that money back after he spent it. I would like to have an instructive trust of what is left; and I would like to have, if you are not going to hold him in contempt THE COURT: Wait, I don't have a contempt petition in front of me. I don't think it would be quite fair to Mr. Nieves to be adjudicated in contempt at this point. MR. RUTH: I would like to preserve that issue and do some discovery and figure out when he spent the money and on what dates and what amount, how much. I certainly think that -- I don't know what your records show -- but I got the order, I got the order within two 30 1 or three days of it being mailed to me on April 28. I mailed 2 another copy according to the affidavit on May 4. 3 So I am pretty sure that he spent a significant 4 portion of it in May, after he had received the court order, so 5 I would like to preserve what is left and to make or 6 whatever is left, that he use that to buy health insurance for 7 his wife, which is part of the dual relief of the petition. 8 Freeze what is left and order him to use what is left for 9 health insurance. Thank you, Your Honor. 10 THE COURT: Okay, thank you. Mr. Nieves, is there 11 anything you would like to argue at this point? 12 MR. NIEVES: Your Honor, I have spoken to Mr. Ruth, 13 and I made a statement to the Court that I have found where I 14 can buy her insurance through Etna, the same insurance she had. 15 I have no insurance, I can't afford to get it. 16 I do have some money outstanding where I bought a 17 plan for her, but it was not what I would -- what I was sold 18 was not what I got, for lack of a better word, Your Honor. 19 THE COURT: Are you saying that you could buy 20 insurance that will cover a preexisting condition? 21 MR. NIEVES: Yes, I can go back to -- I already 22 checked with Etna, and it is going to cost me money, 200 and 23 some dollars. I can only do that for a certain amount of time, 24 and I can use that money for that. 25 I tried to get them to talk to me and say here is 31 1 what I will do, I will pay her whatever money I will use for 2 her. I will pay her support, I can catch up. I was going to 3 offer her one month -- my arrears right now is $1,046, Your 4 Honor. 5 But I will get her insurance and I will use that 6 money towards it. Like I said, I plan to be employed within 7 the next two weeks. Some nice companies that I am waiting for 8 them to call me, but I am going to (JO to a temp agency to 9 survive, of course, and be able to pay her. 10 I don't want it to go on too long now. If she did 11 file for divorce, I want that to happen. But I will catch up 12 to that and I will use that money for her support and for her 13 insurance. 14 THE COURT: This Etna policy, is that a Cobra 15 policy-- 16 MR. NIEVES: No, sir, Cobra, they wanted a thousand 17 dollars a month, Cobra did, it is very expensive. The Etna is 18 exactly what she had, an HMO that covers everything, but no 19 co-payment, except for medications. But I will get her that. 20 I will use the rest of the money of course, I could 21 probably come up, I don't know, there is something that I have 22 to realize and do where if I start working again, which I will 23 shortly. I will be able to maintain her until whatever 24 property settlement, whatever we do as far as the divorce is 25 concerned. 32 1 THE COURT: Okay, Mr. Ruth, are you satisfied with 2 the so-called Etna policy? 3 MR. RUTH: I haven't seen it. We have a vehicle to 4 control that because we will have to satisfy the support order; 5 but, yes, we would accept that. 6 THE COURT: I don't see how a policy that you would 7 buy today would be covering lung cancer and things that have 8 happened in the past. 9 MR. RUTH: I don't think so either, if we can't get 10 insurance, then we are going to have the issue of un-reimbursed 11 medicals being split according to their percentage that was 12 determined in support court. That is going to be a lot of 13 money, that is why we were trying to prevent this before it 14 happened. He removed it as soon as they separated. Had he not 15 removed it, we wouldn't be here. Whether he lost his job or 16 not, that would have postponed it, but she would have had her 17 past couple months of medical bills covered as opposed to not 18 being covered. We will take whatever we can get. 19 THE COURT: What do you want me to order? 20 MR. RUTH: I want you t:o order him to buy the 21 insurance and to use -- 22 THE COURT: What insurance? The Etna insurance? 23 MR. RUTH: The Etna insurance to cover her, yes. I 24 don't know what to tell you. I don't have the magic answer 25 either. I think he should be ordel:ed to cover her, that would 33 THE COURT: will enter an order. MR. RUTH: THE COURT: MR. NIEVES: THE COURT: MR. RUTH: THE COURT: 34 1 from his checking and savings accounts at the Patriot Credit 2 Union in Chambersburg, Pennsylvania, the sum of $1,200.00, 3 which shall ultimately be credited to her for purposes of 4 equitable distribution; 5 3. Pending further order of Court, the Defendant 6 shall not transfer, encumber, damage or otherwise diminish the 7 value of the 1990 Izusu motor vehicle which he is presently 8 driving. 9 I have done the best I can with preserving what 10 seems to be left. Court is adjourned. 11 MR. RUTH: Your Honor, I need permission to get the 12 transcript. Can I, if I pay for it, can I get a copy of it? 13 THE COURT: Sure. 14 15 16 17 18 19 20 21 22 23 24 25 35 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. ~tl}~(j~ Patricia C.' arrett Official Stenographer ----------------------- The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. s J 1 22, }~" y Date 36 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA ROMA L. NIEVES, Plaintiff, NO. 2004-SU-165-Civil Term . . v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE PRAECIPE TO DISCONTINUE ACTION IN PART 1-"1JI /11 AND NOW, this~ day of (/ rn~c/, 2006, I hereby discontinue in part Count II, Equitable Division, Distribution and Assignment in Kind or Otherwise of Marital Property and Debt Liability, Count III, Alimony Pendente Lite, Count IV, Alimony and Count V, Counsel Fees, Count VI, Costs and Expenses and Count VII, Health Insurance of the Complaint filed January 13, 2004. VERIFICA TION I verifY that the statements made in this Praecipe to Discontinue Action in Part are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. a&/ ~~ n1O'tJ6' Date 2~ //~ Roma L. Nieves Plaintiff ~ t--;> = c...-:> 0'" ~ .....:;:: I W ~~ -..:;.. -"'" C) . . N ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROMA L. NIEVES, Plaintiff, NO. 2004-SU-165-Civil Term . . v. : CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE IN CONSENT TO PRAECIPE TO DISCONTINUE ACTION IN PART AND NOW, thisg~ay of j~&',L,2006, I hereby consent to discontinuance in action in part Count II, Equitable Division, Distribution and Assignment in Kind or Otherwise of Marital Property and Debt Liability, Count III, Alimony Pendente Lite, Count IV, Alimony and Count V, Counsel Fees, Count VI, Costs and Expenses and Count VII, Health Insurance of the Complaint filed January 13,2004; and the Praecipe to Discontinue Action in Part, filed contemporaneously herewith. VERIFICATION I verifY that the statements made in this Consent to Praecipe to Discontinue Action in Part are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn f~lsification to authorities. {2r: I ~~ .;JtJC!6 Date o C 2" ~ C;:;;J <:::r" ~ C? ~ o -\'1 .-\ -r-n rne \_~~; \ v.:> q? N o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROM A L. NIEVES, Plaintiff, : NO. 2004-SU-165-Civil Term v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ r;;25~ ~ctf"6 2 .~ / /1 '/ ~ u.- /4",..-0 Roma L. Nieves r-' ......;' -r-i ,; .;" C. (. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ROMA L. NIEVES, Plaintiff, NO. 2004-SU-165-Civil Term . . . . v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORE DECREE UNDER SECTION 330l(c) and SECTION 330l(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalities of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Chl,~ ,~tftl/; 2 Lt' , I <' (d,:;;!'/. ,+<7 Roma L. Nieves"" Plaintiff '"") :':;1 "1-". '-' j ('"'-', CI c.::' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROM A L. NIEVES, Plaintiff, NO. 2004-SU-165-Civil Term v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~ r" Date: . !-.'j""" ';'7 /k-? b Or (>.- o ~~~"l ....." - ~ (/ ----------- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA ROMA L. NIEVES, Plaintiff, NO. 2004-SU-165-Civil Term . . . . v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORE DECREE UNDER SECTION 3301(c) and SECTION 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalities of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: (?;&. -;-.-2.-:5' (52-0v~ ./ Abraham Niev Plaiatiff1> H f t' CJ/rf/1' ;~" ';-(\ - (...r~~ GJ c:) ~ /" .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RoMA L. NIEVES, Plaintiff, NO. 2004-SU-165-Civil Term v. CIVIL ACTION - LAW ABRAHAM NIEVES, Defendant, ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of divorce decree. 1. Ground for Divorce: Irretrievable Breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Pa.R.C.P. No. 1930.4 (c) Service by Mail signed by the Defendant on January 14,2004 and Affidavit of Service filed February 12, 2004. 3. Date of Execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, October 25,2006, by Defendant, October 25, 2006. The Affidavits of Consent were filed by Plaintiff and Defendant on November 14, 2006. -- ./ 4. Related claims pending: Count II, Equitable Division, Distribution and Assignment; Count III, Alimoney Pendente Lite; Count IV, Alimony; Count V, Counsel Fees; Count VI, Costs and Expenses; Count VII, Health Insurance, Discontinued by Praecipe to Discontinue Action in Part and Consent to Praecipe to Discontinue Action in Part, both filed November 3, 2006. See Pa.R.C.P. 229 5. Plaintiffs Waiver of Notice in Section 3301(c) of the Divorce Code was filed November 14, 2006. Defendant's Waiver of Notice in Section 3301(c) of the Divorce Code was filed November 14,2006. Date: November 14, 2006 <:;:;u ,0 AJ By: LrGJlV' Scott A. Ruth, Esquire Attorney for Plaintiff 4 High Street Hanover, PA 17331 (717-630-9333) ~.'... ..--:) -'-1 --1 -r ,-Oil en (~ <+' <+' lti ~~ ~ltiltilti ~ ~ ~~~~~ lti<+':+;"'~ ~~~"':+;~~lti~:+;"'~~ "'~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ROMA L. NIEVES Plaintiff VERSUS ABRAHAM NIEVES, Defendant DECREED THAT PENNA. No. 2004-SU-165 civil Term DECREE IN DIVORCE 2-"2- , 2006 , IT IS ORDERED AND , PLAINTIFF, AND ABRAHAM NIEVES , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ :f. ~ :f. :f.~~ ;t';f:f. ~ ATT PROTHONOTARY ~~~~~~~:f.~;f ~ ~~~~~~~:+;~~ ~ :f.~~~~~~ ~~~~~=+;~~~:+;:+; J. ~~~ ~~IL. ~ fr''?~~-~ '. '.' : } ~~ I ,. eJ C1JO # \ - ~ I