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HomeMy WebLinkAbout04-0558CONSTANTINE G. TOULOUMES, : IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. MEGAN C. TOULOUMES, DEFENDANT CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing of business before the Court. CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04 - 5S? (2t ? , -! ate, CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) 0111301 (d) OF THE. DIVORCE CODE, TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Constantine G. Touloumes, by and through his attorneys, SMIGEL, ANDERSON & SACKS, and represents as follows: DIVORCE, UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Constantine G. Touloumes, who currently resides at 3 West Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065 and has resided there since on or about 2001. 2. Plaintiffs Social Security No. is 205-48-1809. 3. Defendant is Megan C. Touloumes, who currently resides at 1159 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 17013 and has resided there since on or about 2001. 4. Defendant's Social Security No. is 168-48-2822. 5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 6. The Plaintiff and Defendant were married on October 6, 1996, at Mount Holly Springs, Cumberland County, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. The parties have lived separate and apart for a continuous period of at least two (2) years. 10. 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. 11. Plaintiff avers that there is one child of the parties under the age of 18, namely: Marianna Constantine Touloumes. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree of divorce. COUNT 11 EQUITABLE DISTRIBUTION 12. Plaintiff repeats and realleges the averments of paragraphs 1 through 10 which are incorporated by reference herein. 13. Plaintiff and Defendant possess various items of both real and personal marital property which are subject to equitable distribution by this Court. - 2 - WHEREFORE, Plaintiff requests this Honorable Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. SMIGEL, ANDERSON & SACKS Date: By: Q I Le oy S igel, squire I.D. #09617 J e . Demmel, Esquire I.D. #90918 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff - 3 - VERIFICATION I, Constantine Touloumes, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ? /Z /10 ({ I (7 ftit,? ?,? Constantine Touloumes o . o C-: N C c t Y{ Y a- ` ?C( CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL TERM CIVIL ACTION - DIVORCE I, Samuel L. Andes, Esquire, counsel for Defendant, accept service of the Complaint in Divorce filed on February 9, 2004, on behalf of Defendant and certify that I am authorized to do so. Date: 5 el L. Ande , Esq' uire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 170143 Attorney for Defendant CI o rO ?:., r CONSTANTINE G. TOULOUMES, Plaintiff vs. MEGAN C. TOULOUMES, Defendant 1 IN THE COURT OF COMMON 1 PLEAS OF CUMBERLAND 1 COUNTY, PENNSYLVANIA 1 1 CIVIL ACTION - LAW 1 1 NO. 04-558 CIVIL TERM 1 1 IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC REL AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief in this matter: COUNT I - ALIMONY 1. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 2. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 3. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT II - ALIMONY PENDE JTE LITE 4. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 5. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT III - COUNSEL FEES AND EXPENSES matter 6. Defendant is without sufficient funds to retain counsel to represent her in this . 7. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 8. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. el L. Ande Attorney for Defendant Supreme Court IID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date:_ /13/ay MEGAN . TOULO MU ES \ d G f,m t (Ji J = w % CONSTANTINE G. TOULOUMES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-558 MEGAN C. TOULOUMES, DEFENDANT CIVIL ACTION - DIVORCE MOTION TO CORRECT CAPTION PURSUANT TO PA. R.C.P. 101g(F) AND NOW, comes the Plaintiff, Constantine G. Touloumes, by and through his attorneys, SMIGEL, ANDERSON & SACKS, LLP and avers as follows: 1. A Complaint in Divorce was filed with the Court on February 9, 2004. 2. The docket number is incorrectly listed in the caption as "02-3518." The docket number for the divorce case should be "04-558." 3. Samuel L. Andes, Esquire, counsel for Defendant, is aware that Plaintiffs counsel is requesting that the caption be corrected and has no objection. WHEREFORE, it is respectfully requested that this Court grant Plaintiffs Motion to Correct Caption. Date: SMIGEL, ANDERSON & SACKS, LLP By:_ Le y S igel, Esquire I.D. #: 09617 J . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE 1, James R. Demmel, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Motion to Correct Caption on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the (0 day of July, 2005, addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PA 17043 SMIGEL, ANDERSON &SACKS, LLP By: C. ? -?Q Le y Sigel, Esquire I.D. #: 09617 James . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff F? -22 /JRD/smm//July 18, 2005 11:25 AM CONSTANTINE G. TOULOUMES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MEGAN C. TOULOUMES, DEFENDANT NO. 04-555 CIVIL ACTION - DIVORCE DEFENDANT'S PRETRIAL STATEMENT PER Pa.R.C.P. 1920.33(6) AND NOW, comes the Plaintiff, Constantine G. TOUIOnInes, by and through his attorneys, SMIGEL, ANDERSON & SACKS, LLP, and submits this Pretrial Statement as follows: 1. ASSETS Plaintiff incorporates by reference herein his previously filed Inventory and Appraisement attached as Exhibit A. II. EXPERT WITNESSES Plaintiff does not anticipate calling any expert witnesses. Plaintiff reserves the right to supplement this provision to include additional expert lvinmsscs if necessary. III. WITNESSES 1. Plaintiff. 2. Defendant. Plaintiff reserves the right to supplement this provision to include additional witnesses if necessary. IV. EXHIBITS 1. Tax returns; 2. The parties' income information; 6246-1-4 Documentation of marital debt; 4. Bank account statements; 5. Documentation of personal property; and 6. Documentation of automobile values. Plaintiff reserves the right to supplement this provision to include additional exhibits if necessary. V. INCOME Plaintiff incorporates herein by reference Plaintiff's previously filed Income and Expense Statement attached as Exhibit B. VI. EXPENSES Plaintiff incorporates herein by reference Plaintiff's previously filed Income and Expense Statement attached as Exhibit B. VII. COUNSEL FEES Each party should be responsible for his or her own counsel fees, costs, and expenses. Plaintiff reserves the right to supplement this provision to include a claim for his counsel fees, costs, and expenses incurred through the final disposition of all pending divorce matters. VIII. DEBTS Plaintiff incorporates herein by reference Plaintiff's revised Inventory and Appraisement attached as Exhibit A. IX. RESOLUTION The marital property and marital debt should be divided equally, with each party receiving 50% of the value of the marital property and each being responsible for 50% of the marital debt. 6246-1-4 Defendant's claim for alimony should be denied, since she is capable of meeting her responsible needs through appropriate employment without receiving alimony. Defendant should be required to return Plaintiff's premarital personal property to him immediately or compensate him for the value of said property if she no longer has possession of it. Defendant should be held responsible for 50% of the marital debt. Plaintiff borrowed heavily after separation to satisfy marital credit card debt and other loans. Plaintiff also is being held personally responsible for unpaid taxes associated with the restaurant business he helped his family operate during the marriage. Just as Defendant would want to share in the profits from the business during the marriage, she should be held responsible for the debt incurred during the marriage. Plaintiff reserves the right to supplement this statement as necessary. Date: b5 Respectfully Submitted, SMIGEL, ANDERSON & SACKS, L LP By: Ro migel, Esquire I.D. #: 09617 James R. Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Atto:meys for Plaintiff VERIFICATION I verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of IS Pa.C.S. §4904, relating to unswom falsification to authorities. Date: 8 4 ---- CONSTANTINE G. TOULOUMES, PLAINTIFF v. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION -DIVORCE ra CJl _in G..3 t7 CJ F . t [} _ I"ry -S. INCOME AND EXPENSE STATEMENT OF PLAINTIFF CONSTANTINF TOITLOIIMFS INCOME STATEMENT OF C ONSTANTINE TTIELOTiMF'IS Employer: Sun Motor Cars BMW Type of Work: Auto salesperson Pay Period (weekly, biweekly, etc.): Biweekly Gross Pay per Pay Period $ 1,000 per month draw + commissions (varies) Federal Withholding $ varies Social Security $ varies Medicare $ varies Local Wage Tax $ varies State Income Tax $ varies Retirement $ varies Health Insurance $ 76.55 biweekly health insurance premium $ 3.85 biweekly vision insurance premium $ 29.93 biweekly dental insurance premium Net Pay per Pay Period $ varies EXPENSES _ Weekly (or) Monthly (or) Yearly HOME Mortgage - term 30 years $ 288.46 $ 1,250.00 $ 15,000.00 Maintenance $ 20.00 $ 86.67 $ 1,040.00 Electricity $ 28.85 $ 125.00 $ 1,500.00 Gas $ 33.23 $ 144.00 $ 1,728.00 Oil $ 69.23 $ 300.00 $ 3,600.00 Telephone (landline) $ 8.08 $ 35.00 j $ 420.00 Telephone (cellular) $ 13.62 $ 59.00 $ 708.00 Water & Sewer $ 23.08 $ 100.00 $ 1,200.00 Real Estate Taxes $ 69.23 $ 300.00 $ 3,600.00 INSURANCE Homeowners Insurance $ 18.46 $ 80.00 $ 960.00 Automobile Insurance $ 24.89 $ 107.86 $ 1,294.32 Life Insurance $ 23.08 S 100.00 $ 1,200.00 Health Insurance $ 165.74 $ 718.21 $ 8,618.48 Motorcycle Insurance $ 20.77 $ 90.00 $ 1,080.00 AUTOMOBILE Automobile Payments $ 150.00 S 650.00 $ 7,800.00 Automobile Fuel $ 40.00 S 173.33 $ 2,080.00 Automobile Repairs $ 42.31 $ 183.33 $ 2,200.00 MEDICAL Doctor $ 4,81 $ 20.83 $ 250.00 Dentist $ 5.77 $ 25.00 $ 300.00 Hospital $ 185 $ 16.67 $ 200.00 Medicine $ 19.23 $ 83.33 $ 1,000.00 EXPENSES PERSONAL Clothing $ 69.23 $ 300.00 $ 3,600.00 Laundry/Dry Cleaning $ 40.00 $ 173.33 $ 2,080.00 Lunches $ 11.54 $ 50.00 $ 600.00 Food $ 100.00 $ 433.33 $ 5,200.00 Barber/Hairdresser $ 11.54 $ 50.00 $ 600.00 Credit Payments $ 461.54 $ 2,000.00 $ 24,000.00 - LOANS T Dean Touloumes loan $ 46.15 $ 200.00 $ 2,400.00 Scott Avery loan $ 46.15 $ 200.00 $ 2,400.00 MISCELLANEOUS Gym Membership $ 6.92 $ 30.00 $ 360.00 Papers/Books/Magazines $ 11.54 $ 50.00 $ 600A0 Entertainment $ 69.23 $ 300.00 $ 3,600.00 Pay TV $ 11.07 $ 47.98 $ 575.76 Vacations $ 57.69 $ 250.00 $ 3,000.00 Gifts $ 57.69 $ 250.00 $ 3,000.00 Legal Fees $ 115.38 $ 500.00 $ 6,000.00 Church or Synagogue $ 96.15 $ 416.67 $ 5,000.00 Total Expenses $ 2,284.51 $ 9,899.54 $ 118,794.56 VERIFICATION I verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: 12? ?S CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.02-3518 CIVIL ACTION - DIVORCE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served and true and correct copy of the foregoing Income and Expense Statement of Plaintiff Constantine Touloumes on counsel for the Defendant by placing same in the U.S. Mail, first class, postage paid on the 2 ? day of January, 2005 addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 SMIGEL, ANDERSON & SACKS, LLP CeRoySmigel, Esquire I.D. #: 09617 9-ames R. Demmel, Esquire W. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF v. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION - DIVORCE V ?i INVENTORY AND APPRAISEMENT OF PLAINTIFF CONSTANTINE TOULOUMES /INVENTORY & APPRAISEMENT/ ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. () 1. Real property (X) 1 Motor vehicles O 3. Stocks, bonds, securities and options O 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () S. Trusts O 9. Life Insurance policies (indicate face value and current beneficiaries O 10. Annuities O 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) O 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans O 18. Pension plans (indicate employee contribution and date plan vests) O 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments O 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute (X) 26. Other N: N N. !Ni ?d! C' `tA't I NIN' N i 2? ? C, w tn? d? w d w o 6' W, C N N a 0 ( ro a ro ? ?? b? o S ? 00 C, y- b gr 2 CD v n a Ca e 0 a y d w ' G F G (4 0 M .<. .?.' C D ? t A w (rq k k N fG ` ?. a n trG a ?j "O ?1 a x CD M 0 co N o a o p p a a x 9 a n ? r b CD O ?d 0 ' 0 ' 0 0 ' 0 ' 0 0 o O .,a 5 5 a S a ? 5 5 ? y .-. r. ?.. r. , i FG a I (Co cS N d ? im r .1 v , O a a w ? y a Ell) EA ds y y y y y y H O 0 0 O O O O 0 O d d d d d d d d (D (D 0 (T (D 0 CC 0 ? o CD M. a m a ( 9 [ u ( c o i co N rn rn co n ? p w t.) N C N C m U (D D 0 0 (D 0 a o w a a c. C. C. M. c. M. o w ?- o b NJ O O N N J O cn 5 0 w d a ti w 3 LIABILITIES OF PARTIES liabilities O 1. () 2. O 3. () 4. Plaintiff marks on the list below those items applicable to the case at bar and itemizes the on the following pages. SECURED Mortgages Judgments Liens Other secured liabilities UNSECURED (X) 5. Credit card balances (X) 6. Purchases () 7. Loan payments () S. Notes payable () 9. Other unsecured liabilities CONTINGENT OR DEFERRED O 10. Contracts or Agreements () It. Promissory notes () 12. Lawsuits () 13. Options (X) 14. Taxes O 15. Other contingent or deferred liabilities ' I I, I l ! I ? W I I ? O CI ? 7 -?i Z? ?; ? I 47 i (D CD i >? o mp .. CAD J 7 CD < N W CD m co < N C P CD C'I CD CD N -4 E9 W 09 W W A V CO -4 O W co O r -+ Co CO W O r r N LrI A CO A N O O O O O O r y 7 7 7 7 7 7 d ? C C/? 1 O y O tQ N O m W ' N CO r N CO W COO O V] W ? W 0 w W 0 ? W W " w W O w W ` w W O w W O O - N O O O O O O O CO CO CO O N ...? O O CO O O N 47 N o: a n N ? D 1< 1 x cn O A x < < 3: "a a cn m Cn cn cr a a' cn or a CD -O N 7 m 7 m O 1< C7 w a a a = a c 69 fp fp y9 69 y9 Q N D> ?I Cn ?I CP CO M O CO O = 7 N -+ CO V -? s w 0 CO C N 0- (0 O W A V O O1 Uri W O O O O V A O W N CO O V N V O CO CA s 7 4 CO N N CO -4 A N 0 O. N J O U O b 1 11 VERIFICATION ' S I verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 2 ?S S CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3518 CIVIL ACTION -- DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Inventory and Appraisement of Plaintiff Constantine Touloumes on counsel for the Defendant by placing same in the U.S. Mail, first class, postage paid on the 7? day of January, 2005 addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street: P.O. Box 168 Lemoyne, PA 17043 By: SMIGEL, ANDERSON & SACKS, LLP LeIjKy S rgel, Esquire I.D. #: 09617 Jame . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717);134-2401 Attorneys for Plaintiff 6246-1-4 CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff, do hereby certify that I served a true and correct copy of the foregoing Plaintiff's Pretrial Statement Per P.A.R.C.P. 1920.33(b) on the Divorce Master by messenger and on counsel for the Defendant by depositing it in the U.S. Mail, first class, postage paid on the 181h day of July, 2005, addressed as follows: E. ROBERT ELICKER, II, ESQUIRE OFFICE OF THE DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PA 17043 SMIGEL, ANDERSON & SACKS, LLP By: --? L Lie oy migel, Esquire I.D. #: 09617 Minas R. Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attomcys for Plaintiff r) r ? CL? ,. 1 a _: a CONSTANTINE G. TOULOUMES, ) Plaintiff ) VS. ) MEGAN C. TOULOUMES, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-558 CIVIL TERM IN DIVORCE MOTION FOR CONFERENCE AND HEARING ON ALIMONY PENDENTE LITE AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court to schedule a conference at the Domestic Relations Office and, if necessary, a hearing on her request for Alimony Pendente Lite, which was first raised in the Defendant's Petition for Economic Relief filed on 16 September 2004, a copy of which is attached hereto. uel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 CONSTANTINE G. TOULOUMES, Plaintiff VS. MEGAN C. TOULOUMES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-558 CIVIL TERM Defendant ) r> IN DIVORCE r 71 DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Sadquel U. AM9es, and makes the following Petition for Economic Relief in this matter: c COUNT I - ALIMONY 1. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 2. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 3. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT II - ALIMONY PENDENTE LITE 4. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 5. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT III - COUNSEL FEES AND EXPENSES 6. Defendant is without sufficient funds to retain counsel to represent her in this matter. 7. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 8. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. el L. Ande Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 7/13'0` -14' L Tct„A'ai w MEGAN C. TOULOUMES o cl CONSTANTINE G. TOULOUMES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2004-558 CIVIL TERM MEGAN C. TOULOUMES, IN DIVORCE Defendant/Petitioner PACSES 537107548 ORDER OF COURT AND NOW, this I8`h of August, 2005, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on September 16. 2005 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest Mail copies on Petitioner 8-18-05 to: < Respondent Samuel Andes, Esquire Leroy Smigel, Esquire Date of Order: August 18. 205 BY THE COURT, /George E. Hoffer, President Judge R. J. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 rT ftl 1 CY W ?-t D ? CA MEGAN C. TOULOUMES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2004 - 558 CIVIL TERM CONSTANTINE G. TOULOUMES, IN DIVORCE Defendant/Respondent PACSES# 537107548 ORDER OF COURT AND NOW, this 16th day of September, 2005, based upon the Court's determination that Petitioner's monthly net income/earning capacity is 51961.73 and Respondent's monthly net income/earning capacity is $3619.11, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $282.00 per month payable monthly as follows; $272.00 for alimony pendente lite and $10.00 on arrears. First payment due next pay date. Arrears set at $544.00 as of September 16, 2005 . The effective date of the order is July 26, 2005. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: . Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Petitioner shall submit to Respondnet written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY TH T, Edgar B. Bayley, Judge DRO: R. I Shadday Mailed copies on: Petitioner September 16, 2005 Respondent Samuel Andes, Esq. Leroy Smigel, Esq. t'7 Cy ° o O cn ? T,'°A; ? rn nir ? -o -? u t ? - ??• `-> h - _ c tJ rrt y ? ? '?? s '{ ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Di5t. of CUMBERLAND Date of Order/Notice 09/16/05 Case Number (See Addendum for case summary) 512104594 O Original Order/Notice 528 S 2002 O Amended Order/Notice 537107548 O Terminate Order/Notice 04-558 CIVIL Employer/Withholder's Federal EIN Number SUN MOTOR CARS BMW 6643 CARLISLE PARK MECHANICSBURG PA 17050-1707 RE:TOULOUMES, CONSTANTINE G. Employee/Obligor's Name (Last, First, Mb 205-48-1809 Employee/Obligor's Social Security Number 2321100995 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 023. 00 per month in current support $ 20.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ o. Oo per month for genetic test costs $ per month in other (specify) for a total of $ 1, 043.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 240.69 per weekly pay period. $ 481.38 per biweekly pay period (every two weeks). $ 521.50 per semimonthly pay period (twice a month). $ 1. 043 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE URT; Date of Order: v G Form EN-028 Service Type M OMBN..:Mo-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke? you are required to provide a copy of this form to yourem loyee. If yo r employee works in a state that is di erent from the state that issued this order, a copy must be providedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. report-the-payeatereate-orwrmnattatrtg-wnen-serrrrcrtgme-pagmenr. -me- 3.*-Reportirrg-the PaydatetHateot-Wrthhatottrg-YOtrmust paydateldate-ofwithholdrngis-thedate arrwhich-amountwarwithhekF4rom tKe-emptoyee's-wagesYou must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of emp)oyee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 1136918230 EMPLOYEE'S/OBLIGOR'S NAME: TOULOUMES, CONSTANTINE G. EMPLOYEE'S CASE IDENTIFIER: 2321100995 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below, 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a suppon withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employeeJobligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M OM8 NO, 09700154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: TOULOUMES, CONSTANTINE G. PACSES Case Number S12104594 Plaintiff Name MEGAN C. TOULOUMES Docket Attachment Amount 00528 S 2002 $ 771.00 Child(ren)'s Name(s): DOB MARIANNA C. TOULOUMES 04./19/99 PACSES Case Number 537107548 Plaintiff Name MEGAN C. TOULOUMES Docket Attachment Amount 04-558 CIVIL $ 272.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(reN's Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(rem identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?lf checked, you are required to enroll the child(ren) ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB Nq_ 09>0-0154 N ca V) rn <7 r c. 4? ? t CONSTANTINE G. TOULOUMES, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO.04-558, CIVIL TERM MEGAN C. TOULOUMES, ) Defendant ) IN DIVORCE ORDER OF COURT AND NOW this day of 2005, upon the Stipulation of the parties and their counsel, as attached hereto, the Petition of the Plaintiff for Bifurcation in this action is granted on the terms and provisions set forth in said Stipulation and it is further ordered as follows: 1. Each of the parties reserves any and all economic claims, including claims for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses, that have been raised or could be raised in this divorce action. The parties acknowledge that there is currently an order entered requiring the Plaintiff to pay the Defendant alimony pendente lite and they specifically agree that that order, as it may be modified or changed in the future, shall survive the entry of the decree in divorce. The decree in divorce shall specifically note the order of the court pursuant to this Stipulation and shall specifically note that all economic claims have been reserved for future determination. 2. In the event of the death of either party prior to the resolution of economic claims in this action, the divorce action will not abate but will continue and the court will decide and determine all economic claims in the same fashion it would had the parties both survived until the final economic order is entered. Neither party will be prevented from offering testimony as a result of the Deadmari s Act or any similar law and the court shall, upon the request of either party, appoint a representative to represent the rights and obligations of the decedent party so that the economic issues can be resolved after that party's death. 3. The parties have represent to this court that the entry of a final decree in divorce will not terminate or adversely affect the rights of the other to any pension, retirement, or similar benefit and shall not in any other way adversely affect, limit, or terminate the other party's rights to or interests in any marital asset or liability. Both parties shall take all reasonable steps reasonably required to protect the other party's economic rights following the entry of a final decree in divorce and continuing until the entry of a final economic order in this action. 4. Following the entry of the divorce decree, before either party remarries, he or she shall have his or her prospective spouse waive any and all rights the prospective spouse would have to any and all marital assets or claims and waive any right to participate in the divorce litigation except to serve as the spouse's representative in the event the spouse dies prior to resolution of all of the economic issues. 5. Both parties understand and agree that this Stipulation shall be filed with the Court and made into a Bifurcation Order. We will enter a final decree in divorce upon presentation of the appropriate Praecipe to Transmit the Record with appropriate supporting documents. BY THE COURT, ,. J? Distribution: LeRoy Smigel, Esquire (Attorney for Plaintiff) 4431 North Front Street, Harrisburg, Pa 17110 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12'h Street, P.O. Box 168, Lemoyne, PA 17 3 r =`" ??,: ?e_ t, c?.. '.?? _ ? :. `?( ? _?,? ?.,s =- : ?? _.? r-' - , < _ << CONSTANTINE G.J. TOULOUMES, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-558 MEGAN C. TOULOUMES, DEFENDANT IN DIVORCE STIPULATION FOR BIFURCATION AND NOW, this 15- day of &^,w?fZ , 2005, the parties hereto, with their counsel, enter into a Stipulation for Bifurcation as follows: WHEREAS, the parties hereto are Constantine Touloumes, Plaintiff, and Megan Touloumes, Defendant; WHEREAS, the parties are husband and wife; and WHEREAS, the parties have agreed to live separate and apart for the remainder of their lives; and NOW, THEREFORE, Plaintiff and Defendant do stipulate and agree that the interest of both parties would be served by ending their marriage in a bifurcated divorce with the following stipulations: 1. Each of the parties reserves any and all economic claims, including claims for equitable distribution, alimony, alimony pendente lite, counsel fees and expenses, that have been raised or could be raised in this divorce action. The parties acknowledge that there is currently an order entered requiring the Plaintiff to pay the Defendant alimony pendente lite and they specifically agree that that order, as it may be modified or changed in the future, shall survive the entry of the decree in divorce. The decree in divorce shall specifically note the order of the court pursuant to this Stipulation and shall specifically note that all economic claims have been reserved for future determination. 2. In the event of the death of either party prior to the resolution of economic claims in this action, the divorce action will not abate but will continue and the court will decide and determine all economic claims in the same fashion it would had the parties both servile until the final economic order is entered. Neither party will be prevented from offering testimony as a result of the Deadman's Act or any similar law and the court shall, upon the request of either party, appoint a representative to represent the rights and obligations of the decedent party so that the economic issues can be resolved after that party's death. 3. The parties represent to each other that the entry of a final decree in divorce will not terminate or adversely affect the rights of the other to any pension, retirement, or similar benefit and shall not in any other way adversely affect, limit, or terminate the other party's rights to or interests in any marital asset or liability. The parties agree that both of them shall take all steps reasonably required to protect the other party's economic rights following the entry of a final decree in divorce and continuing until the entry of a final economic order in this action. 4. Following the entry of the divorce decree, before either party remarries, he or she shall have his or her prospective spouse waive any and all rights the prospective spouse would have to any and all marital assets or claims and waive any right to participate in the divorce litigation except to serve as the spouse's representative in the event the spouse dies prior to resolution of all of the economic issues. 5. Both parties understand and agree that this Stipulation shall be filed with the Court and made into a Bifurcation Order. IN WITNESS WHEREOF, the parties hereto do hereby stipulate and agree to the afore stated. CONSTANTINE G.J. TOULOUMES i l l ocd 6u'? ?,--- MEGAN C. TOULOUMES ~1 Le y i4el S pre Court ID # 09617 James R. Demmel Supreme Court ID # 90918 Attorneys for Plaintiff 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Samue L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12`" Street Lemoyne, PA 17043 (717) 761-5361 CONSTANTINE G. TOULOUMES, Plaintiff vs. MEGAN C. TOULOUMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 558 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on and served upon the Defendant on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that 1 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 1 wi!I not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: MEGAN C. TOULOUMES J3RDlsnnnl/Uccember 6, 2005 2:03 PM CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 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 propcrty, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is tiled with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date. CL Constantine G. To oumes, Plaintiff J CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on February 9, 2004. 1 The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 or 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. §4904 relating to unsworn falsi fication to authorities. Date: , jg r ?Js Constanti"Toul umes /JRDlsmml/December 9. 2005 9:42 AM CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT I N THE COURT OF COMMON PLFAS CUMBERLAND COUNTY, PENNSY1,VANIA NO. 04-558 CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY.- Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served % is first class mail on the Defendant on March 5, 2004. 3. (a). Date of execution ofthe affidavit of consent required by §3301(0 of the Divorce Code: by Plaintiff on December 8, 2005; by Defendant on December 6, 2005. (b)(1). Date of execution of the affidavit required by §3301(d) of the Divorce Code: N/A; (b)(2). Date of filing and service of the plaintiffs affidavit upon the respondent: N/A. 4. Related claims pending: Equitable distribution, alimony, alimony pendentc litc, counsel fees, costs and expenses. 5. (a). Date and manner of service of the notice of intention to file praccipc to transmit record, a copy of which is attached: N/A. 6246-1-4 (b). Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed witli the Prothonotary: A copy is attached hereto and is being filed simultaneously with Ihis Praccipe. Date Defendant's Waiver of Notice in §3301(e) Divorce was filed with the Prothonotary: A copy is attached hereto and is being filed simultaneously with this Praccipe. SMIGEL, ANDERSON & SACKS, LLP t, - Date: j? By: L oy SnVgel, Esquire LD. #: 70.59 7a ies?.bemmel, Esquire LD. #l: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS G. TOUMM+S No. 04 - 559 VERSUS MEr M C. TOUTAIffiff; DECREE IN DIVORCE AND NOW, _ 'A'CS ? (3 OF CUMBERLAND COUNTY STATE OF PENNA. a 3:3ay.,A . 2005 , IT IS ORDERED AND DECREED THAT Constantine G. Touloumes , PLAINTIFF, AND Megan C. TOuloumes 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; All economic claims as set forth in the Order of Court and Stipulation for Bifurcation dated December,l; 2005. j ?BY THE ATTEST: PROTHONOTARY A2 CONSTANTINE G. TOULOUMES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MEGAN C. TOULOUMES, DEFENDANT NO. 04-558 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served one (1) original and one (1) copy of Plaintiffs Second Request for Production of Documents on counsel for Defendant, by depositing same in the United States Mail, first class, postage paid, on the ? day of January, 2006, addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PA 17043 SMIGEL, ANDERSON &SACKS, LLP Le y S igel, Esquire I.D. #: 09617 J s . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff t.? ?> i:? T _T.. t1 ? _' ??. ?' I-: 1 .. 1:.1 0 CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served one (1) original and one (1) copy of Plaintiff's Second Set of Interrogatories on counsel for Defendant, by depositing same in the United States Mail, first class, postage paid, on the day of January, 2006 addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PA 17043 SMIGEL, LLP L oy S igel, Esquire I.D. #: 09617 J e . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, Plaintiff VS. MEGAN C. TOULOUMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-558 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME NOTICE IS HEREBY GIVEN that MEGAN C. TOULOUMES, Defendant in the above matter, having been granted a Final Decree in Divorce on the 13 December 2005, hereby elects to resume the prior surname of MEGAN JOELLE CAPUANO, and gives this written notice pursuant to the provisions of 54 P.S. § 704. Date: j `) 1 C l.; MEGAN C. TOULOUMES ?1 1. 4' 1'LtL`- Y_?.. MEGAN j0 LLE CAPUANO COMMONWEALTH OF PENNSYLVANIA ( SS.: COUNTY OF CUMBERLAND On the me day of ,?JVO 6 -I t 2006, before me, the undersigned officer, personally appeared MEGAN C. TOULOUM S, known to me (or satisfactorily proven) to be the person whose name is signed to the within Notice to Resume Prior Surname and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Lrjr -M ? -/ L lc ?_ rull) Nota ublic. t,"A, 0,X-; a, M _ . CONSTANTINE G. TOULOUMES, : Plaintiff/Respondent VS. MEGAN C. TOULOUMES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-558 CIVIL TERM IN DIVORCE PACSES # 537107548 ORDER OF COURT AND NOW to wit, this 5th day of January 2007, it is hereby Ordered that should the Respondent fall in arrears, payments are to be increased by $1.50 per moth for payment on said arrears. BY THE COURT: (Q..' ? C" Edgar B. Bayley, J. DRO: R.J. Shadday Form O&001 Service Type: M Worker: 21005 rr;. rn -p c....: cn t.) -r , 0 p t0 11 om [ t SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street Harrisburg, PA 17110-1709 717) 234-2401 lsmige,sasllp.com idemmel _sasllp.com Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-558 MEGAN C. TOULOUMES, DEFENDANT CIVIL ACTION -DIVORCE PLAINTIFF'S MOTION FOR SANCTIONS AND NOW, comes Constantine G. Touloumes, by and through his attorneys, Smigel, Anderson & Sacks, and files the instant Motion for Sanctions, against Defendant, Megan C. Touloumes and her counsel, Samuel L. Andes, and in support thereof, avers the following: 1. Plaintiff is Constantine G. Touloumes, who currently resides at 25 Prickly Pear Drive, Carlisle, Pennsylvania 17013. 2. Defendant is Megan C. Touloumes, who currently resides at 1159 Harrisburg Pike, Carlisle, Pennsylvania 17013. 3. The above-captioned matter is a divorce action, having been commenced by a Complaint filed by Plaintiff on February 9, 2004, requesting, among other things, equitable distribution of marital property and other ancillary economic relief. 5. On June 27, 2005, Plaintiff file a Petition for Bifurcation of Divorce. 6. An Order of Court and Stipulation of Bifurcation was entered on December 1, 2005 stating that the parties each reserve any and all economic claims. - 1 - 7. A Decree in Divorce was entered on December 13, 2005. This Decree stated that the Court retained jurisdiction of all economic claims as set forth in the Order of Court and Stipulation for Bifurcation dated December 1, 2005. 8. In order to develop properly the above economic claims, a Request for Production of Documents and Plaintiff's Second Set of Interrogatories were filed and served on Defendant on January 4, 2006. A true and correct copy of said Request and Interrogatories are marked Exhibit "A", attached hereto, and made part hereof. 9. Defendant filed no objections to Plaintiffs Request for Production of Documents and Plaintiff's Second Set of Interrogatories. 10. On March 30, 2006 and December 29, 2006, Plaintiffs counsel wrote letters to Defendant's counsel requesting compliance with the aforementioned discovery requests. A true and correct copy of said letters are marked Exhibit "B", attached hereto, and made part hereof. 11. Defendant's counsel failed to respond to the aforementioned letters. 12. The documents requested by Plaintiff are essential to the proper development and presentation of his case. Without said documents, Plaintiffs case is unduly prejudiced. 13. Defendant's conduct in not responding to Plaintiffs discovery request is totally unjustified, and has necessitated the filing of the instant Motion. 16. Pursuant to Pa.R.C.P. 1920.3 1 (a)(2), the Court may, upon issue, grant an Order for sanctions under Rule 4019. 17. Pa.R.C.P. 4019(c)(2) allows the Court to enter "an Order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of - 2 - physical or mental condition." 18. Pa.R.C.P. 4019(c)(4) allows the Court to enter an Order "imposing punishment for contempt." WHEREFORE, it is respectfully requested that this Court: A. Issue an Order under Pa.R.C.P. 4019(c)(2) refusing to allow Defendant to support or oppose her designated claims or defenses, and prohibiting Defendant from introducing in evidence designated documents, things or testimony, regarding the subject matter of Plaintiff s Second Set of Interrogatories to Defendant and Plaintiff's Second Request for the Production of Documents; B. Issue an Order under Pa.R.C.P. 4019(c)(4) granting reasonable counsel fees and expenses to Plaintiff in relation to this Motion for Sanctions as punishment for contempt; and C. Issue such other Order as the Court deems fair and just. Date: D 7 Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP By: L oy S igel, Esquire I.D.#: 09617 Ma es . Demmel, Esquire I.D.# 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner - 3 - ?c?ti bid' A CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION -DIVORCE TO: Megan C. Touloumes, Defendant c/o Samuel L. Andes, Esquire, Attorney for Defendant 525 North 12th Street Lemoyne, PA 17043 PLAINTIFF'S SECOND SET OF INTERROGATORIES TO DEFENDANT DEMAND IS HEREBY MADE by the Plaintiff of the Defendant for answers, under oath or certification, to the following Interrogatories within the time and in the manner prescribed by the rules of this Court. You are required to file answers to the following Interrogatories within thirty (30) days after service upon you pursuant to Pa.R.C.P.1920.22(b), 4005 and 4006. NOTE: Questions concerning marriage, children and marital offenses are with relation to the other party of this suit, unless otherwise indicated. These Interrogatories shall be deemed to be continuing so as to require supplemental answers if the Defendant obtains additional information from the time the answers are served to the time of trial. INSTRUCTIONS AND DEFINITIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. The term "communication" means not only oral communications, representations, or warranties, but also any documents (as such term is defined below), whether or not such document or the information contained therein was transmitted by its author to any other person. The term "document" means any written, printed, typed or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither, including drafts and copies bearing notations or marks not found on the original, and includes, but is not limited to: (1) All contracts, agreements, representations, warranties, certificates, opinions; (2) All letters or other forms of correspondence or communication, including envelopes, notes, telegrams, cables, telex messages, messages (including reports, notes, notations and memoranda of or relating to telephone conversations or conferences); (3) All memoranda, reports, financial statements or reports, notes, transcripts, end tabulations, studies, analyses, evaluations, projections, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical records, compilations; (4) All desk calendars, appointment books, diaries; (5) All books, articles, press releases, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, manuals; (6) All minutes or transcripts of all meetings; and (7) All photographs, microfilms, phonographs, tapes or other records, punch cards, magnetic tapes, disks, datacells, drums, printouts and other data compilations from which information can be obtained. Whenever the word "identify" or "identity" is used in reference to a person, corporation or other entity, this means to state, if appropriate, his, hers or its full name, present address and business affiliation. When used in reference to a document, the terms "identify", "identity" or "identification" mean to state the following information: (1) Identifying features of the document, including its nature, date of preparation and any other information (i.e. its title, index or file number) which would facilitate in the identification thereof, (2) Its present location and the identity, as "identity" is defined with regard to a person herein, of its present custodian, or if its present location and custodian are not known, a description of its last known disposition, the reasons therefor, and the identity of all persons responsible therefor. (3) If a copy of the document cannot be attached to these Interrogatories, its subject matter and substance, and the reason why such document cannot be attached, including any reason why such document no longer exists if it has been destroyed and the identity of the persons (as defined herein) responsible for the document no longer being in existence and the identity of its last custodian. Whenever the word "identify" or "identity" is used in reference to an account or investment of any nature whatsoever, this means to state: (1) The name, address, and telephone number of the company or companies maintaining such account or investment and of any account or investment executive or representative who services the account or investment; (2) account, investment, or policy numbers; (3) the present location of the account or investment and the identity, as "identity" is defined with regard to a person herein, of its present custodian, or if its present location and custodian are not known, a description of its last known disposition, the reasons therefor, and the identity of all persons responsible therefor. The term "income" is defined as income benefits, cash and non-cash, from whatever source derived. Income includes, but is not limited to hourly, average weekly or annual salary; wages; commissions; overtime pay; bonuses; gratuities; paid holidays; legal services benefits or the like; sick pay; vacation pay; life, medical, dental and/or hospital insurance or insurances; expense or other compensation accounts and allowances for transportation, meals, entertainment and housing; the provision to you of an automobile; any other accommodations and expenses for which any person or entity reimburses you; payments on a regular or irregular basis from the Social Security Administration, the federal or state government, any insurance company or any other agency or entity; inheritances; winnings from gambling or lottery prizes; bank interest; dividends; lease and rental earnings; patent, copyright, trademark or royalty rights; or compensation of any other nature. INTERROGATORIES 1. In response to Plaintiff's First Set of Interrogatories nos. 3 and 11, your answer referred to a loan made by your father to Plaintiff and yourself that financed your wedding ceremony to Plaintiff. State the following details relating to the loan: A. Date(s) of loan(s); B. Amount(s) borrowed; C. Applicable interest rate(s); D. Terms, conditions, obligations, rights, and duties of all parties; E. Repayment schedule for principal and interest; F. Whether the loan was secured and/or unsecured; G. If secured, identify the property that was pledged, encumbered, mortgaged, or otherwise collateralized to secure repayment; H. All amounts repaid, including principal and interest and the dates and methods of payment; I. Loan balances as of October 6, 1996, December 8, 2001 and as of the present date; and J. Any and all other information relating to the loan. ANSWER: SMIGEL, ANDERSON & SACKS, LLP By: ?, ---- LeRoy fmigje, Esquire I.D. #: 09617 James morel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I, Megan C. Touloumes, verify that the statements contained in the foregoing Answers to Plaintiffs Second Set of Interrogatories are true and correct to the best of my knowledge, information and belief. Date: Megan C. Touloumes CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served one (1) original and one (1) copy of Plaintiff's Second Set of Interrogatories on counsel for Defendant, by depositing same in the United States Mail, first class, postage paid, on the day of January, 2006 addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PA 17043 By: SMIGEL, ANDERSONASACKS, LLP L oy S 'gel, Esquire I.D. #: 09617 J e . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-558 MEGAN C. TOULOUMES, DEFENDANT CIVIL ACTION - DIVORCE TO: Megan C. Touloumes, Defendant c/o Samuel L. Andes, Esquire, Attorney for Defendant 525 North 12th Street Lemoyne, PA 17043 PLAINTIFF'S SECOND REQUEST FOR THE PRODUCTION OF DOCUMENTS Kindly produce at the law offices of Smigel, Anderson & Sacks, counsel for Plaintiff, located at 4431 North Front Street, Harrisburg, Pennsylvania 17110, within thirty (30) days of the date of this Request the following documents pursuant to the Rules of Civil Procedure: SMIGEL, ANDERSON & SACKS, LLP By: eRo migel, Esquire I.D. #: 09617 es R. Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff INSTRUCTIONS If you object to any of the following requests on the grounds that the attorney-client, attorney workproduct or any other privilege is applicable thereto, with respect to that document: a. State its date; b. Identify the author; C. Identify each person who prepared or participated in preparation of the documents; d. Identify each person who received the original or a copy thereof; e. Identify each person from whom the documents or any portion thereof were received; f. State the present location of the document and all copies thereof, g. Identify each person who has ever had possession, custody or control of it or a copy thereof, and h. Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the property of that claim. As referred to herein, "document" or "contents" shall include written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, or other written communications, date processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries calendars, film, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing, regardless of whether you are now in possession, custody or control of the original) now in your possession, custody or control, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf. 1. All records, including all monthly account statements, evidencing marital debt balances as of December 8, 2001 and continuing to the present date, including, but not limited to, the credit card debt and the loan obligation to Defendant's father indicated in Defendant's response to Plaintiff's First Set of Interrogatories no. 11. 2. All records, including account statements, cancelled checks, billing statements and receipts, evidencing payments you have made toward marital debt from December 8, 2001 to the present date. 3. All records evidencing the loan transaction in which Defendant's father financed the parties' wedding ceremony, including but not limited to, documentation of the date(s) of the loan(s); amount(s) borrowed; applicable interest rate(s); terms, conditions, obligations, rights, and duties of all parties under the loan(s); repayment schedule(s), including principal and interest; whether the loan(s) was/were secured and/or unsecured; if secured, the property pledged, encumbered, mortgaged, or otherwise collateralized to secure repayment; all records or statements evidencing payments due and payments made; documentation of the loan balance as of October 6, 1996, December 8, 2001, and as of the present date; and all other related documents. Date: SMIGEL, ANDERSON & SACKS, LLP By: Q- (1) Le oy S igel, squire I.D. #: 09617 J es . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I, Megan C. Touloumes, verify that the statements contained in the foregoing Answer to Plaintiff's Second Request for Production of Documents are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: Megan C. Touloumes CONST ANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served one (1) original and one (1) copy of Plaintiff's Second Request for Production of Documents on counsel for Defendant, by depositing same in the United States Mail, first class, postage paid, on the day of January, 2006, addressed as follows: SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PA 17043 By: SMIGEL, ANDERSON & SACKS, LLP Le *y S igel, Esquire I.D. #: 09617 J s . Demmel, Esquire I.D. #: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff ?x?ibi?- 8 SMIGEL, ANDERSON & SA V KS LLP ATTORNEYS AT LAW March 30, 2006 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Re: Touloumes Dear Sam: JAIMES R. DEMMEL, ESQUIRE PHONE: (717) 234-2401 TOLL FREE: 1-800-822-9757 FACSIMILE (717) 234-3611 EMAIL: jdemmel@sasllp.com www.sasllp.com File No. 6246-1-4 On January 4, 2006, we served you with our Second Set of Interrogatories and Second Request for Production of Documents for Megan to answer. It has been almost three months and we have not received any response to those discovery requests. Please advise when I will receive the answers. Thank you for your prompt attention. Very truly yours, r Jes R. Demmel 'lam. JRD:smm cc: Mr. Constantine Touloumes 4431 North Front Street. Harrisburg, Pennsylvania 17110 A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP 1 • M . ' 4 SMIGEL, ANDERSON & SACKS LLP ATTORNEYS AT LAW December 29, 2006 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Re: Touloumes Dear Sam: JAy1ES R. DEIMMEL. ESQUIRE . • PHONE: (717) 234-2401 TOLL FREE: 1-800-522-9757 FACSIMILE (717) 234-3611 EMAIL: jdenmielCsasllp.coni www.sasllp.coni File No. 6246-1-4 I have spoken with Kosta about the IRS debt and proceeds from the sale of the last restaurant. Kosta's parents have reported to him that the IRS debt was satisfied from the sale of the restaurant and he no longer has any liability for that debt, however he has not received any confirmation of that from the IRS and the debt is still showing as outstanding on his credit report. Additionally, the attorney he retained in his own bankruptcy action has not received any confirmation from the IRS that the debt has been satisfied. I wanted to keep you informed of the present status so that you do not think that I am ignoring your requests. I do not want to definitively represent to you that the debt has been satisfied until Kosta has actually received confirmation of that fact from the IRS. Hopefully that he will receive that in the near future and I wi?I forward that to you. Assuming the IRS debt has been satisfied, I am hopeful that we can resolve the economic issues without having a Master's hearing. However, in order to reach a resolution, I still need the answers to our last discovery requests. We sent a second set of Interrogatories and a second Request for Production of Documents to you on January 4, 2006 and have never received answers to those. Please provide answers to those requests promptly so that we can get the case resolved or proceed with the Master's hearing. As I stated, I will provide confirmatiOl1 that the IRS debt has been satisfied as soon as I receive it. Thank you for your attention. ,Ve, rul yours, V Ja es R. Demmel JRD:smt cc: Mr. Constantine Touloumes 4431 North Front Street. Harrisburg. Pennsylvania 17110 A PENNSYLVANIA LINLITED LIABILITY PARTNERSHII? SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demme], Esquire ID #90918 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 IsmigelCsasilp.com idemmelnasasllp.com Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-558 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE The undersigned, attorney for Plaintiff, in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiffs Motion for Sanctions on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the day of March, 2007, addressed as follows: SAMUEL L. ANDES, ESQUIRE P.O. BOX 168 LEMOYNE, PA 17043 SMIGEL, ANDERSON & SACKS, LLP Date: By: e Smigel, Esquire ID #09617 J s R. Demmel, Esquire ID #90918 431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff C +,s Q Q7 M SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street Harrisburg, PA 17110-1709 717) 234-2401 lsmig 1(&sasllp.com idemmeL;iusasllp.com Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION -DIVORCE AMENDMENT TO PLAINTIFF'S MOTION FOR SANCTIONS AND NOW, comes Plaintiff, Constantine Touloumes, by and through his attorneys, SMIGEL, ANDERSON & SACKS, LLP, and files this Amendment to Plaintiff's Motion for Sanctions and in support thereof avers as follows: 19. Plaintiff incorporates paragraphs 1 through 18 herein by reference as if fully set forth herein. 20. Plaintiff's counsel sought the concurrence of Defendant's counsel prior to filing Plaintiff s Motion for Sanctions by requesting several times in writing that Defendant provide the answers to discovery as required by the Rules of Civil Procedure. Defendant and/or Defendant's counsel refused to provide the discovery answers. WHEREFORE, it is respectfully requested that this Court: A. Issue an Order under Pa.R.C.P. 4019(c)(2) refusing to allow Defendant to support or oppose her designated claims or defenses, and prohibiting Defendant from introducing in evidence designated documents, things or testimony, regarding the subject matter of Plaintiff's Second Set of Interrogatories to Defendant and Plaintiff's Second Request for the Production of Documents; B. Issue an Order under Pa.R.C.P. 4019(c)(4) granting reasonable counsel fees and expenses to Plaintiff in relation to this Motion for Sanctions as punishment for contempt; and C. Issue such other Order as the Court deems fair and just. Date:- 'S 1 3,0 b? Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP By: c. eRoy igel, Esquire I.D.#: 09617 R. Demmel, Esquire I.D.# 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff/Petitioner in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Amendment to Plaintiff s Motion for Sanctions on counsel for Defendant by placing same in the U.S. Mail, first class, postage paid on the day of March, 2007, addressed as follows: SAMUEL L. ANDES, ESQUIRE P.O. BOX 168 LEMOYNE, PA 17043 SMIGEL, ANDERSON & SACKS, LLP By: eRoy migel, Esquire I.D.#: 09617 R. Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Petitioner CD T rrl . _,^ VisuJ SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street Harrisburg, PA 17110-1709 717) 234-2401 lsmi el"a_Vsasll .cone jdenlincUt,,saslIp.com Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION -DIVORCE SECOND AMENDMENT TO PLAINTIFF'S MOTION FOR SANCTIONS AND NOW, comes Plaintiff, Constantine Touloumes, by and through his attorneys, SMIGEL, ANDERSON & SACKS, LLP, and files this Second Amendment to Plaintiff's Motion for Sanctions and in support thereof avers as follows: 21. Plaintiff incorporates paragraphs 1 through 20 by reference as if fully set forth herein. 22. On December 1, 2005, the Honorable Edgar B. Bayley issued a Bifurcation Order in the above-captioned matter pursuant to the stipulation and agreement of the parties. 23. On December 13, 2005, the Honorable Edward E. Guido issued a Divorce Decree in the above-captioned matter. 24. On May 8, 2006, the Honorable Kevin A. Hess issued a Custody Order in the custody action involving these parties, which is docketed at 02-3518. WHEREFORE, it is respectfully requested that this Honorable Court: A. Issue an Order under Pa.R.C.P. 4019(c)(2) refusing to allow Defendant to support or oppose her designated claims or defenses, and prohibiting Defendant from .0 W 4 introducing in evidence designated documents, things or testimony, regarding the subject matter of Plaintiff's Second Set of Interrogatories to Defendant and Plaintiff's Second Request for the Production of Documents; B. Issue an Order under Pa.R.C.P. 4019(c)(4) granting reasonable counsel fees and expenses to Plaintiff in relation to this Motion for Sanctions as punishment for contempt; and C. Issue such other Order as the Court deems fair and just. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP Date: By: Le m el, Esquire I.D.#: 09617 J es emmel, Esquire I.D.# 90918 443 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff dd% CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Second Amendment to Plaintiff's Motion for Sanctions on counsel for Defendant by placing same in the U.S. Mail, first class, postage paid on the 1 Z-day of April, 2007, addressed as follows: SAMUEL L. ANDES, ESQUIRE P.O. BOX 168 LEMOYNE, PA 17043 SMIGEL, ANDERSON & SACKS, LLP By: `. eRoy S gel, squire I.D.#: 0961 me . Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demme], Esquire ID #90918 4431 North Front Street, 3'd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Ismigelnsaslip.com idemmel(a'-sasllp. coin Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-558 : CIVIL ACTION -DIVORCE RULE TO SHOW CAUSE A AND NOW, this 13 day of , 2007, upon consideration of Plaintiffs Motion for Sanctions, a Rule is issued upon Defendant to show cause, if any she has, why the Motion should not be granted. Rule returnable zO days from service. BY THE COURT: ?%A. U ? J. Distribution: Le y Smigel, Esquire 431 North Front St., P. Flr, Harrisburg, PA 17110, counsel for Plaintiff muel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA, 17043, counsel for Defendant 4 ? S :Zl lid U U tOOZ AdVlG ,101 d0a"3 3H130 301±110-fl311J CONSTANTINE G. TOULOUMES, Plaintiff VS. MEGAN C. TOULOUMES, Defendant NOTICE TO PLAINTIFF NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-558 IN DIVORCE YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. il? Date: Vtt/0-1 a L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 CONSTANTINE G. TOULOUMES, Plaintiff vs. MEGAN C. TOULOUMES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-558 IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR SANCTIONS AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Answer to Plaintiff's Motion for Sanctions: 1 through 7. Admitted. 8. Admitted. By way of further Answer, however, Defendant incorporates herein by reference the statements made in her New Matter. 9. Admitted. By way of further Answer, however, Defendant incorporates herein by reference the statements made in her New Matter. 10. Admitted. By way of further Answer, however, Defendant incorporates herein by reference the statements made in her New Matter. 11. Admitted. By way of further Answer, however, Defendant incorporates herein by reference the statements made in her New Matter. 12. Denied. As set out in Defendant's New Matter, this case has been delayed by the inability or failure of Plaintiff to supply information regarding the debt owed to the United States Internal Revenue Service which he claims to be marital. The parties agreed that, until additional information was received about that debt and the parties knew whether the sale of an asset would be used to pay off and satisfy that debt, that this case could not proceed to a hearing before the Master. As a result of this, Plaintiff is not prejudiced by the delay in providing the information requested. 13. Denied for the reasons set forth in the Answer to Paragraph 12 above and for the reasons set out in Defendant's New Matter, which is incorporated herein by reference. 16. Admitted. However, for the reasons set forth in Defendant's New Matter the awarding of sanctions is inappropriate and unnecessary in this case. 17. Defendant admits that the Rule so states but denies that the application of the Rule is appropriate in this case. 18. Defendant admits that the Rule so states but denies that she has committed an act of contempt or that this matter is ready for the imposition of sanctions. WHEREFORE, Defendant prays this court to dismiss Plaintiff's Motion for Sanctions. NEW MATTER By way of further answer to Plaintiff's Motion for Sanctions, Defendant states the following: 19. This case involves virtually no marital assets. At the time of separation, the parties owned nothing of value for this court to divide or distribute. 20. The only issues raised in this case, to date, is a request by Plaintiff that various debts owed by the parties, which Plaintiff claims to be marital debts, be apportioned between the parties and that the court order each of the parties to make payment of those debts in the apportioned amount. 21. The largest "debt" which Plaintiff seeks to have apportioned between the parties is a debt which he allegedly owes to the United States Internal Revenue Service which appears to arise out of his service as an officer of a corporation or other business entity owned by his parents or other members of his family. Defendant denies that "debt" is a marital obligation because it was not created in any way that benefitted the marriage or either of the parties but, instead, resulted from the failure of Plaintiff's parents and other family members to deposit fund they had improperly withheld from employees. 22. At a pre-hearing conference before the Master in this case, counsel for the parties discussed the disputed "debt" Plaintiff claims to owe the United States Internal Revenue Service, and agreed that the disposition of this matter should await the determination of whether Plaintiff had any liability on that "debt." At the time of the conference, the corporation or other business entity for which the Internal Revenue Service had imposed the tax claim was in the process of liquidating a valuable piece of real estate and counsel for the parties anticipated that the funds generated by the sale of that real estate would be sufficient to pay or compromise the claim by the Internal Revenue Service. If that were to occur, there would be no "debt" owed by Plaintiff that the Master, or the court, would have to apportion. 23. As a result of the discussions held at the pre-hearing conference with the Master, the parties agreed to postpone the resolution of this case until the real estate owned by Plaintiff's family's business entity was sold and the proceeds were distributed and/or applied to that entity's debt. 24. Defendant believes that the real estate owned by the business entity has been sold and that the proceeds have been distributed in. some fashion. 25. To date, Plaintiff has not provided Defendant or her attorney any information about the sale of the real estate or the distribution or disposition of the funds realized by such sale. 26. To date, Plaintiff and his attorney have not provided any information regarding the "debt" which Plaintiff claims he owes the United States Internal Revenue Service. As a result, Defendant and her attorney do not know whether there are debts to apportion between the parties in the divorce action. 27. Plaintiff's request for information about debts which Defendant owes is premature until such time as the disposition of the real estate described above, and the distribution or other disposition of the proceeds of that sale, are known to the parties. Defendant believes that, if that property has been sold and the proceeds of such sale distributed, there will not be any "debt" which the divorce court will have to deal with. 28. To date, Plaintiff has not sought or obtained an order directing or compelling Defendant to answer Plaintiff's discovery requests. 29. To date, Plaintiff has not filed a Motion to Compel or any other request to this court that it order Defendant to answer Plaintiff's Interrogatories or Request for Production of Documents. 30. Without an order from this court compelling Defendant to answer Plaintiff's Interrogatories and Request for Production of Documents, this court cannot impose sanctions upon Defendant. 31. Plaintiffs Motion for Sanctions is premature and not appropriate at the present postures of this case. u L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: LeRoy Smigel, Esquire 4431 North Front Street Harrisburg, Pa 17110-1778 Date: Q?- l Amy M. rkins l S etary for Samuel L. Andes SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 James R. Demmel, Esquire ID #90918 4431 North Front Street Harrisburg, PA 17110-1709 717) 234-2401 lsmige l;a:.sasl Ip. com jdemmel a;sasllu.com Attorneys for Plaintiff CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 : CIVIL ACTION -DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, Constantine G. Touloumes, by and through his attorneys, Smigel, Anderson & Sacks, and files this Answer to Defendant's New Matter and in support thereof, avers the following: 19. Admitted in part and denied in part. Plaintiff admits that this case involves virtually no marital assets. Plaintiff denies that as of the date of separation, the parties owned nothing of value for this court to divide or distribute. 20. Denied. Plaintiff denies that the only issue raised in this case is Plaintiff's request that this court apportion the marital debts between the parties and order each of the parties to make payment of those debts in the apportioned amounts. The basis for Plaintiff's Motion for Sanctions is Defendant's refusal to provide discovery answers regarding the debts that she claims are marital, for which she is seeking to hold Plaintiff liable and about which Plaintiff has no information. 21. Admitted in part and denied in part. Plaintiff admits that the largest debt owed by the parties is owed to the Internal Revenue Service, which arose as a result of Plaintiff's service as a corporate officer in a business owned by Plaintiff's parents during the marriage. Plaintiff denies Defendant's assertion that the IRS debt is not marital. 22. Admitted. 23. Admitted. 24. Admitted. By way of further answer, Plaintiff's counsel informed Defendant's counsel by letter dated December 29, 2006 that the property had been sold and Plaintiff believed that proceeds had been applied to the IRS debt, but did not have independent confirmation of those facts. In that letter, Plaintiff's counsel again requested that Defendant answer the long-overdue discovery requests so that the parties could proceed with the case. A true and correct copy of Plaintiff s counsel's letter dated December 29, 2006 is attached hereto as Exhibit A. 25. Denied. Plaintiff denies that he has not provided any information to Defendant or her counsel regarding the sale of the real estate or the disposition of the proceeds from the sale. Plaintiff s counsel's letter dated December 29, 2006 specifically addressed the sale of the real estate. 26. Denied. Plaintiff denies that he has not provided any information regarding the IRS debt to Defendant or her counsel. Plaintiff provided copies of all information available to him regarding the IRS debt, including copies of all notices Plaintiff has received from the IRS, to Defendant as part of his answers to Defendant's Request for Production of Documents. 27. Denied. Plaintiff denies that his request for information regarding the alleged marital debts owed or paid by Defendant is premature. Plaintiff's discovery requests for documentation to support Defendant's claims that she owes or has paid marital debts are completely separate from the issue of the IRS debt. Plaintiff denies that the court will not have to deal with any marital debt if the IRS debt is satisfied from the real estate sale proceeds. By way of further answer, Plaintiff recently learned that the entire IRS debt has been satisfied or compromised from the real estate sale proceeds. Therefore, the court no longer needs to address the issue of the IRS debt. However, Plaintiff satisfied additional marital debt in excess of thirty five thousand ($35,000) dollars after the parties separated and 2 the court must address that issue as part of the economic resolution of the divorce. 28. Admitted. 29. Admitted. 30. Denied. Plaintiff denies that without an Order from this court compelling Defendant to answer Plaintiff's Interrogatories and Request for Production of Documents, this court cannot impose sanctions upon Defendant. Pursuant to Pa. R.C.P 4019, this court may impose sanctions upon Defendant for her refusal to answer Plaintiff's discovery requests. 31. Denied. Plaintiff denies that his Motion for Sanctions is premature and not appropriate at the present posture of this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant his Motion for Sanctions. 51)D-? 19 Date: Respectfully Submitted, SMIGEL, ANDERSON 444-GKS, LLP By: PeZo-y S igel, Esquire I.D.#: 09617 ames . Demmel, Esquire I.D.# 90918 4 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff 3 ctv,kjbi'+ R SMIGEL, ANDERSON & SACKS LLP ATTORNEYS AT LAW December 29, 2006 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Re: Touloumes Dear Sam: JANIES R. DEIVENIEL, ESQUIRE PHONE: (717) 234-2401 POLL FREE: 1-800-522-9757 FACSIMILE (717) 234-3811 EMAIL: jdenimel@sasllp.com www.sasllp.coni File No. 6246-1-4 I have spoken with Kosta about the IRS debt and proceeds from the sale of the last restaurant. Kosta's parents have reported to him that the IRS debt was satisfied from the sale of the restaurant and he no longer has any liability for that debt, however he has not received any confirmation of that from the IRS and the debt is still showing as outstanding on his credit report. Additionally, the attorney he retained in his own bankruptcy action has not received any confirnnation from the IRS that the debt has been satisfied. I wanted to keep you informed of the present status so that you do not think that I am ignoring your requests. I do not want to definitively represent to you that the debt has been satisfied until Kosta has actually received confirmation of that fact from the IRS. Hopefully that he will receive that in the near future and I will forward that to you. Assuming the IRS debt has been satisfied, I am hopeful that we can resolve the economic issues without having a Master's hearing. However, in order to reach a resolution, I still need the answers to our last discovery requests. We sent a second set of InteiTOgatories and a second Request for Production of Documents to you on January 4, 2006 and have never received answers to those. Please provide answers to those requests promptly so that we can get the case resolved or proceed with the Master's hearing. As I stated, I will provide confirmation that the IRS debt has been satisfied as soon as I receive it. Thank you for your attention. Very trul yours, Ja es R. Demmel J RD: snit cc: Mr. Constantine ToulOUmes 4431 North Front Street Harrisburv Pennsylvania 17110 A PENNSYLVANIA LIMITED LIABI LITY PARTNERSHIP CONSTANTINE G. TOULOUMES, PLAINTIFF V. MEGAN C. TOULOUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-558 CIVIL ACTION -DIVORCE CERTIFICATE OF SERVICE The undersigned, attorney for Plaintiff, in the above-captioned matter, do hereby certify that I served a true and correct copy of Plaintiff s Answer to Defendant's New Matter on counsel for Defendant by depositing same in the U.S. Mail, first class, postage prepaid, on the day of May, 2007, addressed as follows: SAMUEL L. ANDES, ESQUIRE P.O. BOX 168 LEMOYNE, PA 17043 Date: SMIGEL, ANDERSON & SACKS, LLP By: 9,.,- 101?o_y gel, Esquire 1 5409617 J . Demmel, Esquire ID #90918 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff 4 c ' ( ) c..:. 'TI rsl `' f'rl CONSTANTINE G. TOULOUMES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MEGAN C. TOULOUMES DEFENDANT NO. 04-0558 CIVIL IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 23rd day of May, 2007, upon consideration of the Plaintiff's Motion for Sanctions, the Defendant's Answer with New Matter and the Plaintiff's Answer to Defendant's New Matter, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion of Sanctions is DENIED at this time. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall file Answers to the Plaintiff's Second Set of Interrogatories and respond to Plaintiff's Second Request for Production of Documents on or before June 15, 2007. By the Court, tv 't M. L. Ebert, Jr., J. LeRoy Smigle, Esquire Lxmes Demmel, Esquire Attorneys for Plaintiff amuel L. Andes, Esquire Attorney for Defendant Robert Elicker, Esquire Divorce Master I ?ti ar a? i• 4- - ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND 512104594 Date of Order/Notice 03/18/08 528 S 2002 Case Number (See Addendum for case summary) Employer/withholder's Federal EIN Number SUN MOTOR CARS BMW 6643 CARLISLE PARK MECHANICSBURG PA 17050-1707 205-48-1809 Employee/Obligor's Social Security Number 2321100995 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 751. 00 per month in current support $ 20.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0. 00 per month for genetic test costs $ 0. oo per month in other (specify) for a total of $ 771.00 per month to be forwarded to payee a ow. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 177.9,I)er weekly pay period. $ 355.85.per biweekly pay period (every two weeks). $ 385.50 per semimonthly pay period (twice a month). $ 771. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY T COURT: Date of Order: MAR 18 200b DRO: R.J. SHADDAY Service Type M 04-558 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE:TOULOUMES, CONSTANTINE G. Employee/Obligor's Name (Last, First, MI) EDGAR B. BAYLEY, OMB No.: 0970-0154 CA Form EN-028 Rev. 1 Worker ID 21205 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to pr vide a opy of this form to your m loyee. If yo r employee works in a state that is di ferent from the state that issuedthis order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 1136718230 EMPLOYEE'S/OBLIGOR'S NAME: TOULOUMES CONSTANTINE G. EMPLOYEE'S CASE IDENTIFIER: 2321100995 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAMEIADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: TOULOUMES, CONSTANTINE G. PACSES Case Number 512104594 Plaintiff Name MEGAN CAPUANO Docket Attachment Amount 00528 S 2002 $ 771.00 Child(ren)'s Name(s): DOB MARIANNA C. TOULOUMES 04/19/99 El If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB [3 If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID 21205 4 C) ?.; ?;? ? ?-? r1'' ? ' "a -,- - ? ?? _ ?';? ? `? :: ; CONSTANTINE G. TOULOUMES, Plaintiff/Respondent VS. MEGAN C. TOULOUMES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-558 CIVIL TERM IN DIVORCE PACSES Case No: 537107548 ORDER OF COURT AND NOW to wit, this 24th day of March 2008, it is hereby Ordered that the Order for Alimony Pendente Lite is terminated effective March 13, 2008. There is a remaining balance of $34.06 owed to the Petitioner and is to be paid off with the current wage attachment. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: " o Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. James R. Demmel, Esq. Form OE-001 Service Type: M Worker: 21005 -?;.? --,-ra ?` ?? 'r,?.:; tz -?r; ?? ?`? ?? ? ,?: .. . PACSES CASE NO. 537107548 MEGAN CAPUANO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATION SECTION CIVIL ACTION - DIVORCE CONSTANTINE TOULOUMES, DEFENDANT DOCKET NO. 04-558 CIVIL ORDER OF COURT AND NOW, this 7th day of April 2008, the Court being informed by the Domestic Relations Section that the arrears of the above captioned case have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the case be closed. This Order shall become final twenty days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE URT, r o o-' "? Edgar yley, Judg DRO: R.J. Shadday xc: plaintiff and defendant Form OE-001 Service Type M Worker ID 21005 ' W JR, ts? -? CONSTANTINE G. TOULOUMES,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 04 - 558 CIVIL MEGAN C. TOULOUMES, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of , 2008, the parties having previously been divorced by decree entered December 13, 2005, and the parties and counsel having entered into an agreement and stipulation resolving the economic issues on March 13, 2008, the date set for a Master's hearing, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated. cc: ` James R. Demme l /?Attorney for Plaintiff Samuel L. Andes Attorney for Defendant capOes ^I-,LtLC BY URT, Edgar B. Bayley, P.J. t' WV't1lAS',,? :ld4 oz 13 Wd ' I AN 8001 A8ViCA`Hl Olrf 3Hi 30 3?:1??-fl3113