HomeMy WebLinkAbout08-4724
TERESA A. AUNGST, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 2008- y7d-V CIVIL TERM
NATHAN L. AUNGST, CIVIL ACTION -LAW
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment may
be entered against you by the court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of
marriage, you must request marriage counseling. A list of marriage counselors is avail-
able in the Office of the Prothonotary at
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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
ih-y) PPn A
MAX J. SMITH, JR, Esquire
JARAD W. HANDELMAN, Esquire
Attorney for Plaintiff
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Max J. Smith, Jr., Esquire
Attorney I.D. #32114
Jarad W. Handelman, Esquire
Attorney I.D. #82629
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Telephone: 717-533-3280
Fax: 717-533-2795
e-mail: mjs@jsdc.com
TERESA A. AUNGST, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 2008- Y 71 Y CIVIL TERM
NATHAN L. AUNGST, CIVIL ACTION -LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the Plaintiff, TERESA A. AUNGST, by her attorney, MAX J.
SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more
fully set forth:
1. The Plaintiff, TERESA A. AUNGST, is an adult individual and citizen of the
United States of America, whose address is 325 W. Main Street, 1St Floor, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. The Defendant, NATHAN L. AUNGST, is an adult individual and citizen of the
United States of America, whose address is 4902 Carlisle Pike, PMB 263, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on or about August 25, 2001 in Carlisle,
Pennsylvania.
5. Plaintiff avers that there are two (2) children of the parties under the age of 18,
namely: ELENA N. AUNGST, born January 21, 2005 and HAYDEN T. AUNGST, born
September 12, 2006.
6. Neither Plaintiff nor Defendant is a member of the United States Armed Services.
7. Plaintiff and Defendant have both been advised of the availability of marital
counseling and that each may have the right to request that the court require the parties to
participate in counseling.
8. Plaintiff avers that there has been no prior action for divorce or annulment of
the marriage filed by either party in this or any other jurisdiction.
9. Plaintiff avers that the marriage is irretrievably broken.
WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from
the bonds of matrimony.
COUNT II - ALIMONY PENDENTE LI TE, COUNSEL FEES AND EXPENSES
10. Paragraphs one (1) through nine (9) are incorporated herein by reference as though
set forth in full.
11. Plaintiff is without adequate funds to pay the costs and expenses of this litigation,
and is, likewise, without funds to maintain herself during the pendency of this litigation.
WHEREFORE, Plaintiff requests the Court to enter an Order requiring Defendant to pay
Plaintiff alimony pendente lite, counsel fees and expenses of the litigation.
Respectfully submitted,
*1 N-
Date: August 6, 2008
MAX J. SMITH, ., Esquire
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State _Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 08/22/08
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
PROFESSIONAL BUILDING SYSTEMS
72 E MARKET ST
MIDDLEBURG PA 17842-1064
190-68-8313
Employee/Obligor's Social Security Number
4022102014
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.
$ 216.66
$ 0.00
$ 0.00
$ 0.00
$ 1,100.19
$ 0.00
$ 0.00
$ 0.00
per month in current child support
per month in past-due child support
per month in current medical support
per month in past-due medical support
per month in current spousal support
per month in past-due spousal support
per month for genetic test costs
per month in other (specify)
Arrears 12 weeks or greater? Dyes (g( no
one-time lump sum payment
for a total of $ 1,316.85 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:
$ 303.89 per weekly pay period. $ 658.43 per semimonthly pay period
(twice a month)
$ 607.78 per biweekly pay period (every two weeks) $ 1, 316.85 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the EmployeelObligor's Case Identifier) OR SOCIAL SECURtT_XWC1 IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
DRO: R.J, SHADDAY
Service Type M OMB No.: 0970-0154
900110278
08-4724 CIVIL. QOriginalOrder/Notice
947110201 OAmended Order/Notice
658 S 2008 OTerminate order/Notice
OOne-Time Lump Sum/Notice
RE: AUNGST, NATHAN L.
Employee/Obligor's Name (Last, First, MI)
JUDGE
Form EN-028 Rev. 4
Worker ID $IATT
r •
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
E] IjiBgheckel you are required, to provide a opy of this form to yourNrn loyee. if yorr employee works ina state that is
e box is not checked
rent rom the state that issued this o er, a copy must be provi a to your emp ogee even if the
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
paydateldate 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. 0617528810
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0
EMPLOYEE'S/OBLIGOR'S NAME:AUNGST, NATHAN L.
EMPLOYEE'S CASE IDENTIFIER: 4022102014
LAST KNOWN HOME ADDRESS:
DATE OF SEPARATION:
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT-
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeetobligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320
CARLISLE PA 17013 by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev. 4
Service Type M OMB No.: 0970-0154 Worker ID $1ATT
1
ADDENDUM
Summarv of Cases on Attachme__n_t_
Defendant/Obligor: AUNGST, NATHAN L.
PACSES Case Number 900110278
Plaintiff Name
TERESA A. AUNGST
Docket Attachment Amount
08-4724 CIVIL$ 1,100.19
Child(ren)'s Name(s): DOB
PACSES Case Number 947110201
Plainti?ff Name
TERESA A. AUNGST
Docket Attachment Amount
00658 S 2008 $ 216.66
Child(ren)'s Name(s): DOB
ELENA N AUNGST 01121/05
I Sli3EN `T AUNGST 09/1 os,
PACSES Case Number
Plainti- ff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Llaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plainti- ff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
Service Type M Addendum Form EN-028 Rev. 4
OMB No.: 0970-0154 Worker ID $IATT
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TERESA A. AUNGST,
Plaintiff/Petitioner
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 08-4724 CIVIL TERM
NATHAN L. AUNGST, IN DIVORCE
Defendant/Respondent :
PACSES Case No: 900110278
ORDER OF COURT
AND NOW, this 21 st day of August 2008, based upon the Court's determination that the
Petitioner's monthly net income/earning capacity is $ 1,555.95 and the Respondent's monthly net
income/earning capacity is $ 3,079.73, it is hereby ordered that the Respondent pay to the
Pennsylvania State Collection and Disbursement Unit One Thousand One Hundred and 19/100
Dollars ($1,100.19) per month payable weekly as follows: $ 1,100.19 per month for Alimony
Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's
pay schedule in the amount of $253.89 per week. The effective date of the order is July 29, 2008.
Arrears set at $ 458.70 as of August 21, 2008.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order,
including, but not limited to, commitment of the Respondent to prison for a period not to exceed six
months.
Said money to be turned over by the PA SCDU to: Teresa A. Aungst. Payments must be
made by check or money order. All checks and money orders must be made payable to PA SCDU
and mailed to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the Respondent's name with their PACSES Member Number or
Social Security Number in order to be processed. Do not send cash by mail.
cc360
This order includes $318.65 per month for mortgage contribution.
The Respondent is given credit in the amount of $750.00 for direct payments to the Petitioner.
This Order shall become final twenty (20) after the mailing of the notice of the entry of the
Order to the parties unless either party files a written demand with the Prothonotary for a hearing de
novo before the Court.
Consented:
Petitioner
Respondent
Mailed copies on: August 2% 2008
to: Petitioner
Respondent
Max J. Smith, Jr., Esq.
Richard S. Friedman, Esq.
DRO: R.J. Shadday
Petitioner's Attorney
Respondent's Attorney
BY THE COURT,
Edward E. Guido, J
C
-D
-
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Defendant Name: NATHAN L. AUNGST
Member ID Number: 4022102014
Please note: All correspondence must include the Member ID Number.
ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
TERESA A. AUNGST
TERESA A. AUNGST
PACSES Docket
Case Number Number
900110278 08-4724 CIVIL
947110201 00658 S 2008
TOTAL ATTACHMENT AMOUNT:
Attachment Amount/Frequency
$ 1,100.19 /MONTH
$$$ 216.66 MONTH
/
/
1,316.85
Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment
Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 303 .06
per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
NATHAN L. AUNGST Social Security Number XXX-XX- 8313 ,
Member ID Number 4022102014 . BUCBA is ordered to remit the amount attached to the Department of
Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section
of this Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total
amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673
(b)(2) and 23 Pa. C.S.A. § 4348 (g).
This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated OCTOBER 12, 2008 is exhausted, expired or deferred.
BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: OCT 2 8 200b
DRO: R.J. SHADDAY
EDWARD E. GUIDO, JUDGE
Form EN-530 Rev. l
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TERESA A. AUNGST, THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 08-4724 CIVIL TERM
NATHAN L. AUNGST, IN DIVORCE
Defendant/Respondent
PACSES CASE NO: 900110278
ORDER OF COURT
AND NOW, this 24th day of November, 2008, a petition has been filed against you, Teresa A. Aungst, to
modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations
Section, 13 North Hanover Street, Carlisle, Pennsylvania, on December 15, 2008 at 1:30 P.M for a conference and
to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be
entered against you.
You are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by the Rule
1910.11.
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for
your arrest.
BY THE COURT,
Edgar B. Bayley, President Judge
Copies mailed to: Petitioner
Respondent
Max J. Smith, Jr., Esq.
Richard S. Friedman, Esq.
Date of Order: November 24, 2008 i ' ?-3•
"Ct. . Sh day, nference Officer
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT
YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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NOV 2 4 2008
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
TERESA A. AUNGST ) Docket Number 08-4724 CIVIL
Plaintiff )
VS. ) PACSES Case Number 900110278
NATHAN L. AUNGST )
Defendant ) Other State ID Number
PETITION FOR MODIFICATION
OF AN EXISTING SUPPORT ORDER
1. The petition of NATHAN L. AUNGST respectfully
represents that on AUGUST 22, 2008 , an Order of Court was entered for the
support of
TERESA A. AUNGST
A true and correct copy of the order is attached to this petition.
Form OM-501
Service Type M Worker ID 21205
AUNGST V. AUNGST PACSES Case Number: 900110278
-?, 2. Petitioner is entitled to O increase O decrease O termination Q reinstatement
® other of this Order because of the following material and substantial change(s) in
circumstance:
PLEASE STATE YOUR REASON(S) FOR REQUESTING A MODIFICATION OF YOUR
CURRENT ORDER HERE: ` ./
`lss f s !? - ?6`? 5?n7`? CD41e G i
PLEASE RETURN THE COMPLETED PETITION WITH THE $20.00 FILING FEE.
WHEREFORE, Petitioner requests that the Court modify the existing order for support.
Petitioner Attorney for Petitioner
I verify that the statements made in this complaint are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unworn falsification to authorities.
Date Petitioner
Page 2 of 2 Form OM-501
Service Type M Worker ID 21205
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4724 CIVIL
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 12/15/08
Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
PROFESSIONAL BUILDING SYSTEMS
72 E MARKET ST
MIDDLEBURG PA 17842-1064
See Addendum for dependent names and birth dates
Employee/Obligor's Name (Last, First, MI)
190-68-8313
Employee/Obligor's Social Security Number
4022102014
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
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.
$ 643.00
$ 0.00
$ 0.00
$ 0.00
$ 338.00
$ 5.00
$ 0.00
$ 0.00
per month in current child support
per month in past-due child support
per month in current medical support
per month in past-due medical support
per month in current spousal support
per month in past-due spousal support
per month for genetic test costs
per month in other (specify)
Arrears 1 ? weeks or greater?
one-time lump sum payment
for a total of $ 986.00 per month to be forwarded to payee
You do not have to vary your pay cycle to be in compliance with the sul
the ordered support payment cycle, use the following to determine how
$ 227.54 per weekly pay period. $
$ 455.08 per biweekly pay period (every two weeks)
O yes ® no
?rt order. If your pay cycle does not match
ich to withhold:
93.00 per semimonthly pay period
(twice a month)
86.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later tha 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 withh (ding. 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 urpose 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 elec.
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Emp
for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harri!
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAM
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURIT
DO NOT SEND CASH BY MAIL.
BY THE COURT:
: payment method, please call
Customer Service at 1-877-676-9580
Pa 17106-9112
AND THE P ACSLILMEMBER 1D (shown
NU N ORD R TO BE PROCESSED.
-Edward
DRO: R.J. Shadday
Service Type M OMB No.: 0970-0154
OOriginal Order/Notice
94711020 @Amended Order/Notice
658 S 2008 OTerminate order/Notice
OOne-Time Lump Sum/Notice
RE: AUNGST, N}1THAN L.
Judge
Form EN-028 Rev. 4
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND
If hec ty you are required to provide a opy of this form to your m loy(
di eren from the state that issued this order, a copy must be provigulto y,
1. Priority: Withholding under this Order/Notice has priority over any other legal pro(
Federal tax levies in effect before receipt of this order have priority. If there are Federal
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one en
each agency requesting withholding. You must, however, separately identify the porti(
employeelobligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of
paydate/date of withholding is the date on which amount was withheld from the empl(
state of the employee's/obligor's principal place of employment with respect to the tim
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Ordi
this employee/obligor and you are unable to honor all support Order/Notices due to F(
the law of the state of employee's/obligor's principal place of employment. You must h
possible. (See #9 below)
-IER WITHHOLDERS
If yo r employee works in a state thatis
employee even if the box is not checked.
under State law against the same income.
levies in effect please contact the requesting
oyee%obligor's income in a single payment to
of the single payment that is attributable to each
ithholding when sending the payment. The
ee's wages. You must comply with the law of the
periods within which you must implement the
'Notice to Withhold Income for Support against
eral or State withholding limits, you must follow
nor all Orders/Notices to the greatest extent
5. Termination Notification: You must promptly notify the Requesting Agency when he employeelobligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 0617528810
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED
EMPLOYEE'S/OBLIGOR'S NAME:AUNGST
NATHAN L.
EMPLOYEE'S CASE IDENTIFIER: 4022102014
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
NEW EMPLOYER'S NAME/ADDRE
DATE OF SEPARATION:
FINAL PAYMENT AMOUNT-
6. Lump Sum Payments: You may be required to report and withhold from lump sum
severance pay. If you have any questions about lump sum payments, contact the pens,
payments such as bonuses, commissions, or
n or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable r 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 h 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 becaus ?te f a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amoun
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or
employment. Disposable income is the net income left after making mandatory dedul
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit i
supporting another family and 60% of the disposable income if the obligor is not supF
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than
deduct a fee for administrative costs. The support amount and the fee may not exceed
Arrears greater than 12 weeks : If the Order Information does not indicate whether 1
employer should calculate the CCPA limit using the lower percentage. For Tribal orde
allowed under the law of the issuing Tribe. For Tribal employers who receive a State (
the limit set by the law of the jurisdiction in which the employer is located or the max
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to t
care premiums in determining disposable income and applying appropriate withholdi
10. Additional info:
; allowed by the Federal Consumer Credit
ribe of the employee's/obligor's principal place of
ions such as: State, Federal, local taxes, Social
50% of the disposable income if the obligor is
Ming another family.However, that 50% limit is
12 weeks. If permitted by the State, you may
he limit indicated in this section.
e arrears are greater than 12 weeks, then the
;, you may not withhold more than the amounts
der, you may not withhold more than the lesser of
num amount permitted under section 303(d) of the
ke into consideration the amounts paid for health
9 limits.
*NOTE: If you or your agent are served with a copy of this order in the state that issu d the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to: If you or you employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST by telephone at (717) 240-6225 or
P.O. BOX 320 by FAX at (7-17) 240-6248 or
CARLISLE PA 17013
,
by Internet www.childsupport.state.pa
Service Type M
Page 2 of 2
OMB No.: 0970-0154
Form EN-028 Rev. 4
Worker ID $IATT
ADDENDUM
Defendant/Obligor: AUNGST, NATHAN L.
PACSES Case Number 900110278
Plaintiff Name
TERESA A. AUNGST
Docket Attachment Amount
08-4724 CIVIL$ 343.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
947110201
TERESA A . AUNGST
Docket Attachment Amount
00658 S 2008 $ 643.00
Child(ren 's Name(s): DOB
ELENA N. AUNGST 01/21/45
N
Chi
Attachment Amount
$ 0.00
h)'s Name(s): DOB
Addendum Form EN-028 Rev. 4
Service Type M OMB No.:0970-0154 Worker ID $IATT
t
C") rnF
l,s r
5?
In the Court of Common Pleas of
DOMESTIC RELATIONS
13 N. HANOVER ST, P.O. BOX 320, CA.
Phone: (717) 240-6225
Defendant Name: NATHAN L.
Member ID Number: 4022102014
Please note: All correspondence must include the
Plaintiff Name
TERESA A. AUNGST
TERESA A. AUNGST
PACSES
Case Number
900110278
947110201
County, Pennsylvania
PA. 17013
Fax: (717) 240-6248
ID Number.
Attachment Amount/Freauenc
08-4724 CIVIL
00658 S? 2008
TOTAL ATTACHMENT
Now, by Order of this Court, the Department of Labor and In
Compensation Benefits (OUCB), is hereby directed to attach the lesser
per week, or 50.0 %, of the Unemployment Compensation benefits
NATHAN L. AUNGST Social
ID Number 4022102014 . OUCB is ordered to remit the amount
Welfare (DPW). DPW shall forward the amount received from OUCF
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are
support and/or support arrearage, DPW may reduce the amount attach(
attached does not exceed the maximum amount subject to garnishment
Pa. C.S. § 4348(8).
This Order shall be effective upon receipt of the notice of the
effect until the Defendant's entitlement to Unemployment Compensati(
Benefits dated OCTOBER 12, 2008 is exhausted, expired or de
$ 343.00 /MONTH
$$$ 643.00 MONTH
/
/
$ 986.00
3try, Office of Unemployment
$226.92
erwise payable to the Defendant,
irity Number XXX-XX-8313 , Member
;hed to the Department of Public
the Domestic Relations Section of this
ached by another Court or Courts for
under this Order so that the total amount
irsuant to 15 U.S.C. § 1673(b)(2) and 23
-der by the OUCB and shall remain in
benefits, under the Application for
OUCB shall comply with this Order, unless it is amended or v Gated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: DEC 16 2008
EDWARD . GUIDO, JUDGE
Form EN-034 Rev.2
Service Type M Worker ID $ IATT
p
C.Tl
TERESA A. AUNGST,
Plaintiff/Petitioner
VS.
IN THE COURT PF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -DIVORCE
NO. 08-4724 C
NATHAN L. AUNGST, IN DIVORCE
Defendant/Respondent :
PACSES Case No;
TERM
900110278
ORDER OF COURT
AND NOW, this 15th day of December 2008, based up
Petitioner's monthly net income/earning capacity is $ 1,268.35
income/earning capacity is $ 1,962.49, it is hereby ordered that
Pennsylvania State Collection and Disbursement Unit Three HI
($ 343.00) per month payable weekly as follows: $ 338.00 per i
$ 5.00 per month on arrears. First payment due: in accordance
amount of $ 158.31 bi-weekly. The effective date of the order
Arrears set at $ 264.77 as of December 15, 2008.
Failure to make each payment on time and in full will cz
immediate collection by all of the means as provided by 23 Pa.(
finds, after hearing, that the Respondent has willfully failed to c
the Respondent in civil contempt of Court and, at its discretion,
including, but not limited to, commitment of the Respondent to
months.
Said money to be turned over by the PA SCDU to: T
made by check or money order. All checks and money orders
and mailed to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 1
Payments must include the Respondent's name with th
Social Security Number in order to be processed. Do not send
i the Court's determination that the
id the Respondent's monthly net
ie Respondent pay to the
dred Forty-three and 00/100 Dollars
nth for Alimony Pendente Lite and
ith Respondent's pay schedule in the
November 24, 2008.
se all arrears to become subject to
S.§ 3703. Further, if the Court
mply with this Order, it may declare
hake an appropriate Order,
rison for a period not to exceed six
A. Aungst. Payments must be
st be made payable to PA SCDU
06-9110
PACSES Member Number or
sh by mail.
cc360
This Order is based upon the Respondent being
compensation benefits.
and receiving unemployment
There is a mortgage contribution of $323.00 per month.
The Respondent is given credit in the amount of $231
for direct payments to the Petitioner.
This Order shall become final twenty (20) after the mailing of the notice of the entry of the
Order to the parties unless either party files a written demand with the Prothonotary for a hearing de
novo before the Court.
Consented:
Petitioner
Respondent
Mailed copies on: December 15, 2008
to: Petitioner
Respondent
Max J. Smith, Jr, Esq.
Richard S. Friedman, Esq.
Petitioner's Attorney
Res ndent's Attorney
BY HE COURT,
EdN
E. Guido,
J.
DRO: R.J. Shadday
-
Pam„ ?
,.? s
. -
CFN
-? R
7;t
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-4724 CIVIL
State Commonwealth of Pennsylvania 947110201 OOriginal Order/Notice
Co./City/Dist. of CUMBERLAND 658 S 2008 OAmended Order/Notice
Date of Order/Notice 12/19/08 OTerminate Order/Notice
Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice
RE:AUNGST, NATHAN L.
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
190-68-8313
Employee/Obligor's Social Security Number
PROFESSIONAL BUILDING SYSTEMS 4022102014
72 E MARKET ST Employee/Obligor's Case Identifier
MIDDLEBURG PA 17842-1064 (See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current child support
$ o . oo per month in past-due child support Arrears 12 weeks or greater? Oyes O no
$ o. oo per month in current medical support
$ 0.00 per month in past-due medical support
$ o . oo per month in current spousal support
$ o . oo per month in past-due spousal support
$ o . o o per month for genetic test costs
$ 0.00 per month in other (specify)
$ one-time lump sum payment
for a total of $ o. o o per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period. $ 0. 00 per semimonthly pay period
(twice a month)
$ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call
Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580
for instructions. PA FIPS CODE 42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME SES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECUR NUMBER RDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT: D E C 2 2 2008 .,
Edward E. Guido, Judge
DRO: R.J. Shadday Form EN-028 Rev. 4
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
0 Mhecketl you are required to pr)vide a?opy of this form to your3gloyee. If yorr employee works in a state that is
Brent rrom the state that issue this order, a copy must be provi eedd to your employee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employeelobligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydateldate 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. 0617528810
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 13
EMPLOYEE'S/OBLIGOR'S NAME: AUNGST, NATHAN L.
EMPLOYEE'S CASE IDENTIFIER: 4022102014
LAST KNOWN HOME ADDRESS:
DATE OF SEPARATION:
LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment,
refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greaterthan 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
*NOTE. If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev. 4
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: AUNGST, NATHAN L.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Addendum
Service Type M
OMB No.: 097"154
PACSES Case Number 947110201
Plaintiff Name
TERESA A. AUNGST
Docket Attachment Amount
00658 S 2008 $ 0.00
Child(ren)'s Name(s): DOB
AUNGST
ELENA N. 01./21/05
.
_
II?StA T.;::,2iiCt1G'
XX.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
Form EN-028 Rev. 4
Worker ID $IATT
G
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e?:
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: NATHAN L. AUNGST
Member ID Number: 4022102014
Please note: All correspondence must include the Member ID Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multip le Cases on Attachment
PACSES Docket
Plaintiff Name Case Number Number Attachment Amount/Frequency
TERESA A. AUNGST 900110278 08-4724 CIVIL $ 343.00 /MONTH
TERESA A. AUNGST 947110201 00658 S 2008 $ 653.00 MONTH
$
S /
/
/
TOTAL ATTACHMENT AMOUNT: $ 996.00
Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 2 2 9.2 2
per week, or 5 o . o %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
NATHAN L. AUNGST Social Security Number XXX-XX-8313 , Member
ID Number 4022102014 . OUCB is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23
Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated OCTOBER 12, 2008 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
Date of Order: JAN 1 2009
DRO: R.J. SHADDAY
Service Type M
BY THE COURT
EDWARD E. GUIDO, JUDGE
Form EN-034 Rev.2
Worker ID $zATT
,.:
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A
TERESA A. AUNGST, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 2008-4724 CIVIL TERM
NATHAN L. AUNGST, CIVIL ACTION -LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this 8th day of August, 2008, I, MAX J. SMITH, JR., Esquire, Attorney for
Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a
certified copy of the same in the United States mail, postage prepaid, certified mail #7008 0150
0003 2034 6111 at Hummelstown, Pennsylvania, addressed to:
Nathan L. Aungst
4902 Carlisle Pike
PMB 263
Mechanicsburg, PA 17050
Mailing and return receipt cards attached hereto.
(kL?mo
MAX J. SMITH, JR., squire
I.D. No. 32114
JARAD W. HANDELMAN, Esquire
I.D. No. 82629
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: NATHAN L. AUNGST
Member ID Number: 4022102014
Please note: All correspondence must include the Member ID Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
Plaintiff Name
TERESA A. AUNGST
TERESA A. AUNGST
PACSES Docket
Case Number Number
900110278 08-4724 CIVIL
947110201 00658 S 2008
TOTAL ATTACHMENT AMOUNT: $ 986.00
Attachment Amount/Freauencv
$ 343.00 /MONTH
$$$ 643.00 MONTH
/
/
Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 226.92
per week, or 5 0.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
NATHAN L. AUNGST Social Security Number XXX-XX-8313 , Member
ID Number 4022102014 . OUCB is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23
Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated OCTOBER 12, 2 0 0 8 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: APR 0 1 2009
JUDGE
Form EN-034 Rev.2
Service Type M Worker ID $ IATT
NATHAN LEE AUNGST IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
TERESA ANN AUNGST
DEFENDANT
2008-4724 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Wednesday, May 06, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, June 12, 2009 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Hubert X. Gilroy, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
RLED-OFFUE
OF THE ?'FOTHINK)TAAY
2009 PEA Y - 7 Ali 11: 0 S
0
TERESA A. AUNGST, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 20084724 CIVIL TERM
NATHAN L. AUNGST, : CIVIL ACTION -LAW
DEFENDANT ACTION FOR DIVORCE
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
Please withdraw my appearance on behalf of the Defendant, Nathan L. Aungst.
Respectfully submitted,
Dated: May t X2009
Mc riedman, Esquire
Counsel for Defendant
PA I.D.# 0 l"l
600 North Second Street
Harrisburg, PA 17101
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant, Nathan L. Aungst.
Respectfully submitted,
Dated: May 4, 2009
Law Firm of Susan Kay Candiello, P.C.
Susan Kay C d llo, Esgi
Counsel for of ndant
PA I.D. # 64
4010 Glenfinnan Placre
Mechanicsburg, PA 17055
(717) 724-2278
r
OF 7H--.
21009 K ,,Y 1'S
F
Y
JUN '19 2009A
NATHAN LEE AUNGST,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
TERESA ANN AUNGST, NO. 2008-4724
Defendant IN CUSTODY
COURT ORDER
AND NOW, this day of June, 2009, upon consideration. of the attached Custody
Conciliation Report, it is ordered and directed as follows:
The father, Nathan Lee Aungst, and the mother, Teresa Ann Aungst, shall enjoy
shared legal custody of Elena N. Aungst, born January 21, 2005, and Hayden T.
Aungst, born September 12, 2006.
2. Physical custody shall be handled as follows:
A. Father shall have custody on alternating weekends from Thursday through
Monday. If mother is not working on Thursday, father's custody shall start
at 6:00 p.m. on Thursday. If mother is working, father shall start custody one
hour before mother goes to work. If mother is working Monday during the
day, father shall return the children after her work. If mother is not working,
father shall the children Monday at 11:00 a.m. Father shall also have one
other overnight during the week that he did not have the weekend, this is to
be scheduled between the parties and it is anticipated that it will be scheduled
on a day that mother is working so that father would be picking the children
up, for example, on a Wednesday prior to mother going; to work and returning
the child on Thursday after the mother gets off work.
B. Mother shall have physical custody for the other times except for when father
has custody as set forth in paragraph `A' above.
3. In the event mother is working during the day and father is available and willing to
provide care for the minor children, father shall be given the opportunity to provide
such care. Once the parties workout their weekly schedule, mother shall let father
know every Sunday as to when she is working that week. Father must tell mother on
that day as to when he may be available to provide custody so that mother does not
need to make other daycare arrangements at that time.
4. Legal counsel for the parties shall conduct a telephone conference with the Custody
Conciliator on Thursday, August 20, 2009, at 8:00 a.m. At that time, the parties will
determine whether the Order needs to be modified based upon a school schedule that
is anticipated to begin in September. Additionally, in the event of any changes
involving work schedules of the parties or living accommodations of the parties,
counsel for either party may contact the Conciliator's office directly to schedule a
telephone conference to address those issues and, possibly, of the Conciliator to
recommend a modification of the Order in light of those changed circumstances.
B
Judge
cc: Susan Kay Candiello, Esquire
Max J. Smith, Esquire Q 9
NATHAN LEE AUNGST,
Plaintiff
vs.
TERESA ANN AUNGST,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2008-4724
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the children who are the subject of this
litigation is as follows:
Elena N. Aungst, born January 21, 2005, and Hayden T. Aungst, born September 12,
2006.
2. A Conciliation Conference was held on June 12, 2009, with the following individuals
in attendance:
The father, Nathan Lee Aungst, who appeared with his, counsel, Susan Kay
Candiello, Esquire, and the mother, Teresa Ann Aungst, with her counsel, Max J.
Smith, Esquire.
3. Based upon the recommendation of the Conciliator, the parties agreed to the entry of
an Order in the form as attached.
Date: &- 2009
IL GA (?
Hubert X. Gilro , Esquire
Custody Cone' iator
Irv.
2 2 2
?ru? vr"
t ;7?r
C r ? 4 {
TERESA A. AUNGST,
PLAINTIFF
VS.
NATHAN L. AUNGST,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-4724 CIVIL TERM
: CIVIL ACTION -LAW
: ACTION FOR DIVORCE
PETITION FOR EMERGENCY RELIEF AND TO PREVENT
DISSIPATION OF MARITAL ASSETS
AND NOW, come the Defendant, NATHAN L. AUNGST, by and through his counsel,
Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this
Petition for Emergency Relief and Prevention of Dissipation of Marital Assets, upon a cause of
action of which the following is a statement:
1. The Defendant, (hereinafter sometimes referred to as "Husband") is NATHAN L.
AUNGST, who currently resides at the home of his parents at, 45 Evergreen Road, McVeytown,
Pennsylvania, 17051-8550.
2. The Plaintiff (hereinafter sometimes referred to as "Wife") is TERESA A.
AUNGST, who currently resides at 325 West Main Street, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
3. During the marriage Husband purchased the marital residence located at 325 West
Main Street, Mechanicsburg, Pennsylvania, 17055. Wife's name was not the mortgage because
Wife had little to no income and poor credit.
4. Wife is a masseuse, who appears to have occasional part-time jobs.
5. When the parties separated in April, 2008, Husband allowed the Wife to remain in
the marital residence with the children and relocated to his parents' home.
6. The marital residence has an attached rental unit, which was rented at the time
Husband left the marital residence. The rental income almost pays the mortgage on the marital
residence.
7. Since the parties' separation, Wife has collected the rent for the attached rental
unit. The renters who were in the rental space when the parties separated, left several months
after the parties separated. Wife made minimal attempts to obtain new renters. Most
significantly, Wife did not clean the apartment, leaving it dirty and had difficulty finding anyone
to rent the apartment, as a result of the condition of the apartment. Finally, with Husband's
assistance, new renters were found.
8. Despite the fact Wife has been receiving the rent from the rental unit and child
support and allegedly working, Wife has missed several months of mortgage payments and only
made partial mortgage payments in other months.
9. Wife does not do maintenance at the marital residence. The outside of the marital
residence is overgrown with grass and weeds. The inside is dirty and unkempt.
10. Wife takes every action possible to keep Husband from coming to the marital
residence, even to the point of taking the children to other places telling Father he must pick up
the children for his visitation at this other places.
11. When the parties married, Father had a very good credit score and Wife had a
very poor credit score. Father's credit score has been significantly damaged by Wife's actions
and continues to be damaged as Wife fails to make any full mortgage payments. Thousands of
dollars have accrued in late fees, expenses and interest as Wife continues to fail to make the past
due mortgage payments and present mortgage payments.
12. The mortgage company is now threatening to foreclose on the marital residence
13. Father has been negotiating with the mortgage company and has a plan to save the
marital residence from foreclosure and pay the back fees with assistance from his family.
14. There is no question Wife does not qualify to assume the mortgage, nor is she
able to bring the mortgage current to save the marital residence from foreclosure. There are no
marital funds to use, nor is Wife able to obtain funds from any other resource. Husband and his
family are the only resource to accomplish saving the marital residence.
15. With a goal of settlement the parties' attorneys scheduled a four-way conference
in July, 2009.
16. Wife's counsel cancelled the conference at the last minute, stating Wife was not
"ready"
17. Wife has been refusing to respond to Father's attempts to communicate with her
and with the parties' two (2) minor children.
18. Husband's counsel had instructed Wife through her counsel; Father would be
getting the rental payment from the renters and taking over the mortgage payment August 1,
2009.
19. Husband's counsel had requested Wife move out of the marital residence by
August 1, 2009, to enable Husband to enter into new agreements with the mortgage company
and resume payment of all bills associated with the marital residence and the maintenance of the
marital residence.
20. Wife has had several months to locate an apartment. Wife has a paramour who
could also provide Wife with assistance.
21. Husband went to the home of the renters on July 30, 2009, to share basic
information with them and tell them he would be collecting their rent.
22. The renters told Husband, Wife had collected the rent early.
23. Husband was finally able to contact Wife, who said it was her lease and her
money and refused to give the rental money to Husband to enable him to pay the rent for August
1, 2009.
24. Husband also requested the security deposit which the renters gave to Wife and
Wife refuses to give those monies to Husband.
25. Although there is little to no equity in the marital residence, Husband does not
want to lose the marital residence, nor does he want his credit score to be ruined.
26. The parties have additional credit card debt, which Husband has been struggling
to make all the payments on and which Wife has ignored.
27. The longer Wife delays in allowing Husband to move into the marital residence
and renegotiate the mortgage, the greater the late fees, expenses and costs are increasing.
28. Husband has secured the financial assistance of his family, but only for a limited
amount of monies. As Wife continues to create greater fees and expenses Husband will have to
pay to save the marital residence from foreclosure the real possibility exists, Wife will create
more fees and costs than Husband will be able to pay.
29. Husband believes Wife is determined to ruin Husband's credit and cause him to
lose the marital residence.
WHEREFORE, Defendant, NATHAN L. AUNGST, respectfully requests this
Honorable Court ORDER and DIRECT the Plaintiff, TERESA A. AUNGST, vacate
the marital residence and return the August, 2009, rental payment and the tenants security
deposit, to the Defendant, NATHAN L. AUNGST, to enable the Defendant, NATHAN
L. AUNGST to save the marital residence from foreclosure and begin to rebuild his
credit history.
Dated: August 40-1 2009
Mechanicsburg PA 17055
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO,'P.C.
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
DATED: 7-7-02 _ ?
,i l
NATHAN LEE AUNGST
FILED
OF 7H P f 4RY
2009 AUG 10 Ai 1 i
AUG , n j0(1a
J
TERESA A. AUNGST, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 2008-4724 CIVIL TERM
NATHAN L. AUNGST, : CIVIL ACTION -LAW
DEFENDANT : ACTION FOR DIVORCE
EMERGENCY ORDER
AND NOW, this U
day of August, 2009, upon consideration of the Petition for
Emergency Relief and To Prevent Dissipation of Marital Assets, presented by Susan Kay
Candiello, Esquire, counsel for the Defendant, Nathan L. Aungst,
e n i shall vaca a the
ugus , rental payment and security deposit, or the
vania, I 70T5,77 The
IIa? a' ?T A Tii A N T e I TNCT,T
A hearing on the Defendant's request for Plaintiff to vacate the marital residence and
return the rental payment for August 1, 2009 and security deposit, is scheduled for the
ay Day of , 2009, in court room in the Cumberland
County Courthouse, Carlisle, Pennsylvania, 17013.
This ORDER shall be effect until further OR
Judge
???'? C??ii ? ? t''S't ?? ?;i
t?„? ,
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??Y S'. C'?,,.?d.??L?
Max J. Smith, Jr. Esquire
Attorney I.D. #32114
Jarad W. Handelman, Esquire
Attorney I.D. 482629
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Telephone: 717-533-3280
Fax: 717-533-2795
e-mail: jwhgisdc.com
TERESA A. AUNGST,
Plaintiff/Respondent
vs.
NATHAN L. AUNGST,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-4724
CIVIL ACTION - DIVORCE
ANSWER TO PETITION FOR EMERGENCY RELIEF
AND TO PREVENT DISSIPATION OF ASSETS
AND NOW, comes the Respondent. Teresa A. Aungst, by and through her attorneys,
James, Smith, Dietterick & Connelly, LLP, to answer the Petition for Emergency Relief and to
Prevent Dissipation of Assets filed by Petitioner, Nathan L. Aungst, and to oppose the relief
requested therein. In support thereof, Respondent avers as follows:
1. Admitted. The same designation of "Husband" shall be used hereinafter to refer
to Petitioner, Nathan L. Aungst.
2. Admitted. The same designation of "Wife" shall be used hereinafter to refer to
Respondent, Teresa A. Aungst.
3. Denied. It is specifically denied that Husband purchased the marital residence
located at 325 West Main Street, Mechanicsburg, Pennsylvania 17055. To the contrary, the
parties jointly purchased the residence and the deed to the property reflects the parties' joint
ownership with a right of survivorship. By way of further answer, it is specifically denied that
Wife's name was not on the mortgage for the reasons indicated. To the contrary, Wife had not
established any credit at the time of the parties' application for financing for the purchase of the
home and therefore there was no benefit to her name being included on the mortgage. By way of
further answer, Wife was employed throughout the marriage and remains employed, unlike
Husband who is unemployed and refuses to secure employment to allow him to adequately
support his children.
4. Denied. The averments of paragraph four (4) are specifically denied. Wife is a
massage therapist, not a masseuse. Wife attended the Academy of Medical Arts and Business to
obtain her certification as a massage therapist and has held a national certification for massage
therapy as well. By way of further answer, Wife is the only party to this action who is employed,
Husband having been unemployed for more than ten (10) months. In contrast to Husband's
refusal to work, Wife has maintained employment with the same office for the last ten (10) years,
having worked part-time as a massage therapist for the last eight (8) years. In addition to her
part-time work as a massage therapist, Wife also previously worked part-time for a salon in
Hershey until June, 2009 when she was laid off due to lack of work. Thus, Wife has worked
multiple jobs to support herself and her children, while Husband has elected to collect
unemployment benefits and refuses to seek or obtain employment sufficient to adequately
support his family.
Denied as stated. It is specifically denied that Husband "allowed" Wife to remain
in the marital residence. To the contrary, Husband abandoned Wife and the parties' children and
left them in the former marital residence, at the time of his departure advising Wife: "I am
leaving and taking all the utilities out my name." As a result of Husband's unilateral action,
Wife was forced to assume responsibility for all expenses of the marital residence, including
expenses associated with the rental unit attached to the property, to permit the parties' children to
be adequately cared for and to maintain a stable residence for the children.
6. Admitted in part; denied in part. It is admitted only that the marital residence has
a rental unit and that the unit was rented at the time of Husband's abandonment of the premises.
The remaining averments of paragraph six (6) are specifically denied. Although the property
was rented at the time Husband left, the tenants moved out in October, 2008 leaving Wife with
no rental income from the property to assist with the payment of the expenses of the property.
Moreover, Husband began proceedings in November, 2008 to reduce his support obligation to
Wife when he became unemployed, thereby further decreasing the amount of monthly income
available to Wife to pay the expenses associated with the marital residence from $1,316.85 to
$653.00. In the meantime, Husband lived expense-free in his parent's home. In addition, it is
specifically denied that the monthly rental payment "almost pays the mortgage on the marital
residence." To the contrary, the monthly rental payment is only $795.00 while the monthly
mortgage payment is $1,275.83. Thus, the rental payment is approximately $500.00 per month
less than the monthly mortgage payment.
7. Denied. The averments of paragraph seven are specifically denied. Wife did not
collect rent for the property from November, 2008 through December, 2008. By way of further
answer, Wife made exhaustive attempts to obtain new renters for the property once the prior
tenants vacated the premises in October, 2008. Wife advertised the rental unit in the Harrisburg
Patriot three times and placed an ad on CraigsList in efforts to secure new tenants. Wife
interviewed multiple applicants for the rental unit prior to securing renters who commenced
occupancy of the rental unit in January, 2009. It is specifically denied that the condition of the
rental unit in any way deterred tenants from renting the property. To the contrary, Wife had the
exterior of the rental unit painted and painted the entire interior of the rental unit to prepare it for
new tenants. The averment that Husband assisted with securing new renters is patently false and
intended to mislead this Honorable Court. Contrary to Husband's allegation that he assisted with
securing the new tenants in the property, Husband had nothing to do whatsoever with the renters
secured by Wife. To the contrary, Husband never offered assistance of any kind with
advertisement of the property for rent or preparing it for occupancy by new tenants, all such
efforts having been expended solely and exclusively by Wife.
Denied. It is specifically denied that Wife has received adequate income and/or
support to pay the monthly mortgage payments and/or the monthly expenses associated with
residing in the marital residence and supporting the children. By way of further answer, the
rental income paid by the renters at the marital residence is not Husband's income as he
seemingly believes, but rather is rental income to which the parties are jointly entitled based on
their joint ownership of the marital residence, particularly Wife who has exclusively occupied
the residence since Husband abandoned her and the children and the person who pays all of the
expenses associated with the home. Moreover, the mortgage is not the only expense associated
with the residence, but rather there are thousands of dollars in additional expenses associated
with living in the residence that must be paid each month. There is no agreement or requirement
that the rental income be expended to partially pay the mortgage obligation each month as
opposed to satisfying the other expenses associated with the property.
By way of further answer, the total income received by Wife each month is as follows:
Rental income: $795.00; Support: $653.00; Employment: $800.00: Total Monthly Income:
$2,323.00. Wife's monthly expenses, including mortgage and utilities for the marital residence,
total $3,774.00. Thus, Wife's income, including a support sum from Husband that was
decreased by more than 50% effective November, 2008 due to Husband's unemployment, is
woefully insufficient to pay her monthly living expenses. Meanwhile, Husband collects
unemployment and lives expense-free with his parents. The mortgage payment and monthly
utilities on the marital residence alone are as follows:
Mortgage: $1,275.83
- Cable: $80.00
- Electric: $150.00
- Sewer/Trash: $80.00
- Water: $40.00
- Heat/Oil: $389.00
TOTAL: $2,014.83
The rental income is woefully insufficient to pay the monthly mortgage payment, let
alone all of the expenses associated with living in the home. As Husband has no income other
than unemployment, his occupying the marital residence will do nothing to eliminate the
monthly shortfall that plagues the financial maintenance of the residence. Therefore, the relief
requested by Husband is contrived for the single purpose of forcing Wife from the marital home
and has nothing to do with the economic advantages being espoused by Husband, there being no
such advantages as clearly evidenced by Husband's lack of income, refusal to work, and inability
to pay the expenses associated with living in the marital residence.
9. Denied. It is specifically denied that Wife does not do maintenance at the marital
residence and strict proof thereof is demanded. To the contrary, Husband showed up on one
occasion when the grass on the property had not been mowed because the lawn mower was out
of operation. The property has been consistently maintained by Wife since her occupancy of the
premises.
10. Denied. The averments of paragraph ten (10) are specifically denied. To the
contrary, Wife began insisting that custody exchanges occur outside of the marital residence in
July, 2009 because when Husband would come to the residence he would refuse to leave when
Wife asked him to leave, instead telling Wife: "I will leave when I feel like it." In addition,
Husband would look through Wife's personal belongings when he was there, and it is believed
and therefore averred at times she was not there. Moreover, Husband insists on making
derogatory comments to Wife in the presence of the parties' children. As a result of the
foregoing custody issues, Wife began insisting on meetings to exchange the children that were
outside of the marital residence and in public.
11. Denied. Wife lacks sufficient knowledge or information to affirm or deny the
averments of paragraph eleven (11) and therefore said averments are denied. To the extent an
answer is deemed necessary, it is specifically denied that Wife has damaged Husband's credit
score. To the contrary, Husband's lack of income, continued unemployment, and refusal to work
is the source of any adverse credit rating that Husband alleges to have incurred, including any
negative credit rating associated with the mortgage on the marital residence, the payment of
which having been rendered impossible by Husband's decrease in support paid to Wife as a
result of his unemployment.
12. Denied. Wife lacks sufficient knowledge or information to affirm or deny the
averments of paragraph twelve (12) and therefore said averments are denied. To the extent an
answer is deemed necessary, Husband has refused Wife access to any documents associated with
the mortgage or from the mortgage company and continually advises Wife that such information
is "none of her business."
13. Denied. Wife lacks sufficient knowledge or information to affirm or deny the
averments of paragraph thirteen (13) and therefore said averments are denied. To the extent an
answer is deemed necessary, it is specifically denied that Husband can maintain the expenses
associated with the marital residence or otherwise remedy any existing financial default.
Husband is unemployed and has been unemployed for more than ten (10) months. He has
woefully inadequate income to pay the expenses associated with the marital residence and seeks
Wife's removal from the residence with the sole goal of causing inconvenience, harassment, and
annoyance to Wife.
14. Denied as stated. It is specifically denied that Wife or Husband have the financial
means or income to satisfy the monthly expenses associated with the marital residence,
particularly while Husband is unemployed and unable to provide adequate financial support for
his family. By way of further answer, Wife could have maintained financial responsibility for
the home had Husband not lost his job and refused to obtain comparable employment, or any
employment at all, thereby causing a drastic reduction in the amount of monthly income
available to Wife for the payment of expenses.
15. Denied. Any settlement discussions between the parties is irrelevant to the
averments of this Petition and the inclusion of any reference to settlement is improper and should
be stricken and otherwise disregarded by this Honorable Court.
16. Denied. Any settlement discussions between the parties is irrelevant to the
averments of this Petition and the inclusion of any reference to settlement is improper and should
be stricken and otherwise disregarded by this Honorable Court. By way of further answer, any
strained effort to correlate the cancellation of any settlement conference with the averments of
the Petition is unconvincing and without merit.
17. Denied. It is specifically denied that Wife has refused any attempt by Husband to
communicate with her or the parties' two children. To the contrary, Husband has consistently
refused to speak with Wife about the expenses associated with the marital residence or the
mortgage, continually advising Wife that such matters are "none of her business." In addition,
Wife has consistently agreed to communicate with Husband about issues concerning the
children, but Husband cannot resist involving the children in the parties' custodial disputes
and/or degrading Wife in the presence of the children, thereby limiting his communication with
Wife on otherwise legitimate issues impacting the parties' finances and children.
18. Denied as stated. Husband's counsel advised that Husband would be moving
back into the marital residence effective August 1, 2009, demanded that Wife vacate the
residence effective said date, and that only then would Husband assume payment of the monthly
mortgage payment. Wife was unable to secure another place to live prior to August 1, 2009 and
now plans to vacate the marital residence on September 1, 2009.
19. Denied as stated. Husband's counsel advised that Husband would be moving
back into the marital residence effective August 1, 2009, demanded that Wife vacate the
residence effective said date, and that only then would Husband assume payment of the monthly
mortgage payment. Wife was unable to secure another place to live prior to August 1, 2009 and
now plans to vacate the marital residence on September 1, 2009.
20. Denied as stated. Husband's counsel advised that Husband would be moving
back into the marital residence effective August 1, 2009, demanded that Wife vacate the
residence effective said date, and that only then would Husband assume payment of the monthly
mortgage payment. Wife was unable to secure another place to live prior to August 1, 2009 and
now plans to vacate the marital residence on September 1, 2009. By way of further answer, the
responsibility to support Husband's children and maintain employment to permit such support is
his and his alone, not the responsibility of any paramour that Wife may or may not be involved
with.
21. Denied. Wife lacks sufficient knowledge or information to affirm or deny the
averments of paragraph twenty-one (21) as to what Husband did with the current renters and
therefore said averments are denied.
22. Denied. Wife collected the rent from the tenants as she has each month since
January, 2009. Wife received the rent prior to leaving town and the payment was made to ensure
her timely receipt of the rent because she would not have otherwise been at the residence to
collect it.
23. Admitted. By way of further answer, the rental monies are not Husband's
property and Wife is entitled to collect such sums as the current occupant of the residence and
the only party paying any expense associated with the home. By way of further answer, the
allocation of the rental income to the payment of expenses associated with the marital residence
are not subject to demand by Husband, but rather are properly expended for any expense
incurred by Wife while residing in the marital residence which Wife did with the August rental
amount. The rental income is far less than the mortgage payment on the marital residence and
Husband may direct the expenditure of the rental income however he sees fit once he assumes
responsibility for all of the expenses associated with the home just as Wife has done since her
occupancy of the home.
24. Denied. It is specifically denied that Wife has any obligation to return the
security deposit to Husband. To the contrary, Wife remains responsible to the tenants for the
security deposit paid at the time Wife secured the renters for the property and shall account for
said monies to the tenants in accordance with the terms of the lease.
25. Denied. It is specifically denied that the relief requested in Husband's Petition is
sought for any genuine reason. To the contrary, Husband's motivations are spiteful and intended
only to harass and cause inconvenience and expense to Wife as Husband obviously lacks the
financial resources and most certainly the income to responsibly maintain the marital residence.
26. Denied. It is specifically denied that Husband pays credit card debts for which
Wife would otherwise be obligated. To the contrary, Husband is currently paying approximately
$10,000.00 in credit card debt, $7,000.00 of which was incurred for Husband's orthodontic work
and the purchase of a new appliance for the rental unit.
27. Denied. Any late fees, expenses, or costs associated with the mortgage is the
product of Husband's unemployment, decrease in support being paid to Wife, and lack of
financial responsibility. None of these causes of the financial detriment associated with the
marital residence will be remedied by granting the relief requested by Husband.
28. Denied. Wife lacks sufficient knowledge or information to affirm or deny the
averments of paragraph twenty-eight (28) and therefore said averments are denied. To the extent
an answer is deemed necessary, it is specifically denied that Husband can maintain the expenses
associated with the marital residence or otherwise remedy any existing financial default.
Husband is unemployed and has been unemployed for more than ten (10) months. He has
woefully inadequate income to pay the expenses associated with the marital residence and seeks
Wife's removal from the residence with the sole goal of causing inconvenience, harassment, and
annoyance to Wife.
29. Denied. It is specifically denied that Wife has caused or intends to cause
Husband any detriment referenced in paragraph twenty-nine (29). To the extent an answer is
deemed necessary, Husband's financial woes, including an inability to pay for the marital
residence, are the product of his unemployment, lack of income, and refusal to work, none of
which can be remedied by Wife or were caused by Wife.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss
Defendant's Petition for Emergency Relief and to Prevent Dissipation of Assets.
Respectfully submitted,
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
Date: August 20, 2009 9 V)i ell
MAX J. SMITH, J ., ESQUIRE
I.D. No. 32114
JARAD W. HANDELMAN, ESQUIRE
I.D. No. 82629
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Respondent, Teresa A. Aungst
TERESA A. AUNGST,
Plaintiff/Respondent
vs.
NATHAN L. AUNGST,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2008-4724
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, MAX J. SMITH, JR., do hereby certify that I served a true and correct copy of the
foregoing Answer to Petition for Emergency Relief and to Prevent Dissipation of Assets upon
the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-
paid at Hershey, Dauphin County, Pennsylvania this 20th day of August, 2009 and via facsimile.
SERVED UPON:
Susan Kay Candiello, Esquire
4010 Glenfinnan Place
Mechanicsburg, PA 17055-6771
Facsimile: (717) 724-2279 , J0
/1-1-
By:
MAX J. SMITH, JR., QUIRE
Attorney I.D. #32114
JARAD W. HANDELMAN, ESQUIRE
Attorney I.D. #82629
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
FILED-O,, *H,C), .
OF TN"c POOT .?T, OTARY
2009 AUG 2U Ali IS. 4 3
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
TERESA A. AUNGST ) Docket Number 08-4724 CIVIL
Plaintiff )
vs. ) PACSES Case Number 900110278
NATHAN L. AUNGST )
Defendant ) Other State ID Number
PETITION FOR MODIFICATION
OF AN EXISTING SUPPORT ORDER
1. The petition of TERESA A. AUNGST respectfully
represents that on DECEMBER 15, 2008 , an Order of Court was entered for the
support of
TERESA A. AUNGST
A true and correct copy of the order is attached to this petition.
Form OM-501
Service Type M Worker ID 21503
AUNGST V. AUNGST PACSES Case Number: 900110278
2. Petitioner is entitled to (? increase O decrease O termination O reinstatement
O other of this Order because of the following material and substantial change(s) in
circumstance:
WHEREFORE, Petitioner requests that the Court modify the existing order for support.
Petitioner Attorney for Petitioner
I verify that the statements made in this complaint are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Date Petitioner
Page 2 of 2 Form OM-501
Service Type m Worker ID 21503
RLE"It CE
OF THE PRC3T}fiWTARY
209 SEP 30 PM 2= 34
CUMBERLAND dLXM
P'E*SYL.VAW
TERESA A. AUNGST, THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 08-4724 CIVIL TERM
NATHAN L. AUNGST, IN DIVORCE
Defendant/Respondent :
PACSES NO: 900110278
ORDER OF COURT
AND NOW, this 30th day of September, 2009, upon consideration of the Petition for Alimony Pendente
Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J.
Shadday on October 27, 2009 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after
which the conference officer may recommend that an Order for Alimony Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you.
If you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
Copies mailed to: Petitioner
Respondent
Max J. Smith, Jr., Esq.
Susan K. Candiello, Esq.
Date of Order: September 30, 2009
BY THE COURT,
Edgar E. Gui Judge
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166 cc361
of O-OFFIX
a89 SEP 30 PM 2' 34
P840
I
NATHAN LEE AUNGST,
PLAINTIFF
VS.
TERESA ANN AUNGST,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 20084724 CIVIL TERM
CIVIL ACTION - LAW
ACTION FOR DIVORCE
PRE-HEARING MEMORANDUM
CUSTODY HEARING - OCTOBER 15, 2009
1. Parties
2.
Nathan L. Aungst, Plaintiff, (hereinafter known as "Father")
Susan Kay Candiello, Esquire, Counsel for Plaintiff
Teresa A. Aungst, Defendant, (hereinafter known as "Mother")
Max J. Smith, Esquire, Counsel for Defendant
Elena N. Aungst, born on January 21, 2005, natural daughter of Father and Mother,
subject of hearing, (hereinafter known as "Elena")
Hayden T. Aungst, born on September 12, 2006, natural son of Father and Mother,
subject of hearing, (hereinafter known as "Hayden")
The issue in dispute is Father's desire for Primary Physical Custody of the children.
Since the parties' divorce and through the time of this hearing, Mother has usurped
Legal Custody and Primary Physical Custody of the children ignoring Father's legal
custodial rights and refusing to allow Father any visitation beyond the bare
minimum identified in the custody order.
Mother committed adultery during the parties' marriage twice. Father had difficulty
remaining in the marital residence once Mother's actions became known to Father. Father
agreed to leave the children with Mother in the marital residence and reside with his
parents until Mother and Father could work through these difficulties. The parties' marital
residence was in Mechanicsburg and Father's parents resided in McVeytown,
approximately one (1) hour north of Mechanicsburg. Mother has been employed in
various part-time positions as a masseuse. Father was employed, but lost his job in the
down sizing of the company as a result of the economy. The distance has never interfered
with Father's desire to be with his children. Mother required Father to do all transportation
and Father has always complied, eager to be with his children. Mother vaguely follows the
custody order, Mother has always dictated the terms and times for Father to see and/or
speak with his children. Father has continuously requested additional times with his
children. The parties own a home, but the mortgage is only in Father's name. Mother
skipped some mortgage payments and paid only a portion of the mortgage at times, as she
focused upon ruining Father's credit history. Father was finally able to regain the marital
residence and had hopes of entering into a Joint Physical Custody arrangement with
Mother. Mother immediately moved the children to Towson, Maryland, where her new
paramour resides. Father refused to allow the children to leave Pennsylvania, as he refuses
other decisions Mother makes for the children unilaterally. Mother makes all the terms of
transportation and visitation, for Father. Basically, if Father does not agree to do what
Mother dictates, Father does not get to see his children.
3. Legal Theory
"Best Interests and Welfare of the Child" The guideline for the court in making any child
custody decision is what is in the best interests and welfare of the child. It is a well
accepted premise that children benefit from positive relationships with both their Father
and Mother. Father has continuously taken every opportunity which was granted by
Mother to have visitation with his children. Mother has responded to Father's actions by
taking every opportunity to keep Father from having telephone and/or physical contact
with his children, even to the point of violating the terms of the present custodial order.
Mother's actions are in direct opposition to the premise that the children benefit from
both Father and Mother participating in the children's lives.
5. Present Order
When Father left the marital residence after learning of Mother's infidelities,
Father agreed the children should remain with Mother at the marital residence. Since that
time, Father has attempted to enter into a Joint Physical Custody arrangement, with
Mother refusing. The last custody conciliation, Father was given additional time, when
Mother was working. However, Mother has never contacted Father, as ordered, to tell
him when she was working to enable him to have the children for any additional
visitation. We know Mother has worked, but, simply made a decision not to contact
Father to provide him with the opportunity to have additional time with his children.
The parties allegedly have Shared Legal Custody, but Mother makes all legal
decisions for the children, including, but not limited to the children's day care, schools,
medical appointments, moving to Maryland. Mother simply never tells Father about her
decisions or if Father makes an inquiry and/or states a position, Mother simply ignores
Father and does what she chooses to do.
6. Witnesses
Nathan Aungst, Plaintiff.
Gary Aungst, Father of Plaintiff.
Susan Aungst, Mother of Plaintiff.
Tim Fenby, Father of Defendant.
Vickie Fenby, Mother of Defendant.
4
Bobby Foster, Derrick Jones or Don Buysuee. These are the elders in the
Plaintiff's church, who have counselled with the parties. They are not certain who will
be able to testify, until the day of the hearing, due to commitments on the day of the
hearing.
7. Expert Witnesses
None are known at this time.
8. Exhibits
None.
9. Scheduling
No specific accommodations are requested at this time.
10. Requested Stipulations
None at this Mime.
11. Unusual Legal Issues
Father has no knowledge of any special legal issues.
12. Estimate of Time
Four (4) hours.
13. Outstanding Motions
None at this time.
14. Offers of Settlement
Mother refuses all offers which would increase Father's time with the children
and/or allow Father to have any input into legal custody decisions for the children.
15. Miscellaneous
None known at this time.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: October S-, 2009
Susan Kay Candiello,
Counsel for Plaintiff'
PA I.D. # 64998
4010 Glenfinnan Place
Mechanicsburg PA 17055
(717) 724-2278
t`.09 0C 1 13 S'r`i 1 u
r
•-
NATHAN LEE AUNGST, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2008-4724 CIVIL TERM
TERESA ANN AUNGST, CIVIL ACTION - LAW
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 15th day October, 2009, after
hearing, it is hereby ordered and directed as follows:
1. The Father, Nathan Lee Aungst, and the Mother,
Teresa Ann Aungst, shall enjoy shared legal and physical custody
of their children, Elena N. Aungst, born January 21, 2005, and
Hayden T. Aungst, born September 12, 2006.
2. Mother shall have primary physical custody of the
children.
3. Father shall have partial periods of physical
custody of the children as follows:
A. Every other weekend from Friday at 6:00 p.m.
until Sunday at 6:00 p.m.
B. From Christmas Day each year at 1:00 p.m.
until January 1st at 6:00 p.m.
C. On Thanksgiving Day each year from 4:00 p.m.
until Sunday at 6:00 p.m.
D. Beginning the second Sunday in June, for two
consecutive weeks on an alternating two-week basis.
Said two weeks shall commence at 6:00 p.m. on Sunday
and end at 6:00 p.m. on Sunday.
The partial custody schedule shall revert to
"A" after Father has one two-week period in August, unless
•
school starts sooner, in which case it shall revert on the
Friday before school starts.
E. Such other times as the parties agree.
4. Transportation: The receiving party shall
provide the transportation unless the parties agree otherwise.
5. The non-custodial parent shall be entitled to
telephone contact with the children on a regular basis. Mother
shall have the children contact the Father within an hour of
receiving a text requesting to talk to them, and Father shall do
likewise. Provided, however, that the custodial party need not
allow telephone contact more than once per day.
6. This Court shall retain jurisdiction of this
matter.
By the Court,
Edward E. Guido, J.
VSusan Kay Candiello, Esquire
Attorney for Plaintiff
" Max J. Smith, Esquire
Attorney for Defendant
srs
(20F .s inbcIr4'L
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2 0 ? 9 O'Co T 16
TERESA A. AUNGST, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 08-4724 CIVIL TERM
NATHAN L. AUNGST, IN DIVORCE
Defendant/Respondent PACSES CASE: 900110278
ORDER OF COURT
AND NOW to wit, this 4th day of November, 2009, it is hereby Ordered that the
Alimony Pendente Lite Order is suspended, effective October 1, 2009, pursuant to no income
available for Alimony Pendente Lite, after the child support obligation is calculated under
PACSES Case #947110201 and the Respondent is now responsible for the mortgage on the
marital home since the Petitioner moved out in September, 2009.
There is no balance due on the Alimony Pendente Lite account.
This Order shall become final twenty (20) after the mailing of the notice of the
entry of the Order to the parties unless either party files a written demand with the Prothonotary
for a hearing de novo before the Court.
BY THE COURT:
Edwar E. Guido, - J.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Max J. Smith, Jr., Esq.
Susan K. Candiello, Esq.
Form OE-001
Service Type: M Worker: 21005
FIlC Ci i JuE
QF THE PROTHO MARY
2009 NOV -5 PH 2: "U
08-4724 CIVIL
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225 Fax: (717) 240-6248
Defendant Name: NATHAN L. AUNGST
Member ID Number: 4022102014
Please note: All correspondence must include the Member M Number.
MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
PACSES Docket
Plaintiff Name Case Number Number Attachment Amount/Frequency
TERESA A. AUNGST 947110201 00658 S 2008 $ 984.00 MONTH
/
S /
TOTAL ATTACHMENT AMOUNT: $ 984.00
Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment
Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 226.45
per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
NATHAN L. AUNGST Social Security Number XXX-XX-8313 , Member
ID Number 4022102014 . OUCB is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount
attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23
Pa. C.S. § 4348(g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated OCTOBER 12, 2008 is exhausted, expired or deferred.
OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: NOV 0 5 2009
JUDGE
Form EN-034 Rev.2
Service Type M Worker ID $ IATT
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TERESA A. AUNGST, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 2008-4724 CIVIL TERM
NATHAN L. AUNGST, : CIVIL ACTION -LAW
DEFENDANT : ACTION FOR DIVORCE
_ANSWER TO.COAPLAINT IN DIVORCE
AND COrERCLAIMS
AND NOW, comes the Defendant, NATHAN L. AUNGST, by his counsel, Susan Kay
Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to the
Plaintiff, TERESA A. AUNGST's Divorce Complaint, and in support thereof asserts as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Denied. Plaintiff has more income than Defendant. Plaintiff is receiving child
support, mortgage assistance and APL from Defendant. Defendant has been unemployed for
several months and although searching is unable to find employment,
COUNTERCLAIM
COUNT I
DIVORCE UNDER S_C TON al("2)
OF THE QU.Q= CODE
AD,MUI. T_,ERY
12. Paragraphs 1 through 11 are incorporated by reference, herein.
13. The Plaintiff has committed acts of adultery with several other males during the
marriage, in violation of her marital vows.
WHEREFORE, the Defendant respectUly requests this Honorable Court enter a Decree
in Divorce.
COUNT II
MMRCE UNDER SEMON330„1(aXb)
INDIG_S
14. Paragraphs 1 through 13 are incorporated by reference, herein.
15. Plaintiff has offered such indignities to the Defendant, the innocent and injured
spouse, as to place his physical and mental health in jeopardy creating physical and mental
conditions intolerable and life burdensome.
WHEREFORE, the Defendant respectfidly requests this Honorable Court enter a Decree
in Divorce.
omm
cu DY
16. Paragraphs 1 through 15 are incorporated by reference, herein.
17. Plaintiff seeks Shared Legal and Shared Physical Custody of the following children:
Nam
ELENA N. AUNGST
HAYDEN T. AUNGST
Present Residence
325 West Main Street
Mechanicsburg, PA and
45 Evergreen Road
McVeytown, PA
Date f Birth
January 21, 2005
September 12, 2006
18. The children were born in wedlock.
14. The children are presently in the custody of both the Plaintiff, who resides at 45
Evergreen Road, McVeytown, Pennsylvania, 17051 and the Defendant, who resides at 325 West
Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
20. Since birth the children have resided with the following persons at the following
addresses:
PERSONS
ADDRESS
DATES
Plaintiff and Defendant 325 West Main Street
Mechanicsburg, PA
(Parties Share Physical Custody)
Plaintiff 45 Evergreen Road
McVeytown, PA
Defendant
325 West Main Street
Mechanicsburg, PA
Birth to April, 2008
April 2008 to Present
April 2008 to Present
21. The Mother of the children is the Defendant, Teresa Ann Aungst, who currently
resides at 325 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
22. The Father of the children is the Plaintiff, Nathan Lee Aungst, who currently resides
at 45 Evergreen Road, McVeytown, Pennsylvania, 17051.
23. The relationship of the Defendant, Teresa Ann Aungst, to the children is that of the
Natural Mother. Mother resides at 325 West Main Street, Mechanicsburg, Cumberland County,
PA 17055.
24. The relationship of the Plaintiff, Nathan Lee Aungst, to the children is that of the
Natural Father. Father currently resides at 45 Evergreen Road, McVeytown, PA 17051.
25. The Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect to the
children.
26. Plaintiff has not participated as a party in any prior custody agreement concerning
the custody of the children in any other court in Pennsylvania.
27. Plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth at this time.
28. The best interests and permanent welfare of the children will be served by granting
the relief requested because:
A. Father and Mother have always cooperated and worked together in the
best interests of their children.
29• Each parent whose parental rights to the children have not been terminated
and the person who has physical custody of the children have been named as parties to
this action.
WHEREFORE, Plaintiff, NATHAN LEE AUNGST, requests this Honorable Court
award the Plaintiff, NATHAN LEE AUNGST and the Defendant, TERESA ANN AUNGST,
SHARED LEGAL And PHYSICAL CUSTODY of the parties, minor children, ELENA N.
AUNGST and HAYDEN T. AUNGST.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: April 30, 2009
-usan Kay Candiel
PA I.D. # 64998 r
4010 Glenfinnan pj
Mechanicsburg PA
(717) 724-2278
VER_I,FI„ CAPON
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
DATED: 7 30 - U 5 ?g-
NATHAN LEE AUNGST =?--
CT TNc F?? ? rv??
2PT9MAy -1 1."t? I: 5u
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Vs File No. )- i 4 -7 Z,-
1 IN`DIVORCE
?? C??G? l ??v c
efendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x"]
JX prior to the entry of a Final Decree in Divorce,
or after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of 1 -gz--%b?1 , and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date: (? 2 l T7?R . 44 f
Signature
Signature of name bei resumed
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF Lit,, ,ear. )
On the ;) 8" g day of , 20{x/ , before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
Prothonotary or Notary Public
P11 I
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION—LAW
G
TERESA A. AUNGST, ) cY► '=�
Plaintiff x
V. ) No. 2008-4724
NATHAN L. AUNGST, ) �'
Defendant
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance on behalf of NATHAN L. AUNGST, the Defendant in
the above-captioned matter.
#Ar Ail
ate Susan K. Cand' 11 , Esquire
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of NATHAN L. AUNGST,the Defendant in the
above-captioned matter.
All papers may be served upon the under ned.
ate aren . Muir, Esquuire
A.I.D 60044
1315 West College Avenue, Suite 300
State College, PA 16801
(814) 867-4799
Fax: 234-8413
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION-LAW
TERESA A. AUNGST, )
Plaintiff )
V. ) No. 2008-4724
NATHAN L. AUNGST, )
Defendant )
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of a Praecipe to Withdraw/Enter Appearance
was served on all parties of record, in the above entitled matter, by depositing it with the United
States Postal Service, first class postage prepaid, on this date, addressed as follows:
Ms. Teresa A. Aungst
605 Fairway Drive
Towson, MD 21286-7842
Date: �
— l _
Kare . Muir, e
PAJ 60044
131 W. College Avenue
Suite 300
State College, PA
(814) 867-4799
Fax: (814) 234-8413
C 0 1.; i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
TERESA A. AUNGST, )
Plaintiff )
v. ) No. 2008-4724
)
NATHAN L. AUNGST, )
Defendant ) IN DIVORCE
AFFIDAVIT OF CONSENT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action have continued to live separate and apart for a period of
at least two (2) years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Alpo
0 113, 0q/q
to Teresa A.7.ungst
r'i { 7 ! ,
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
TERESA A. AUNGST, )
Plaintiff )
v. ) No. 2008-4724
)
NATHAN L. AUNGST, )
Defendant ) IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER 3301(c) AND &3301(d) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the Court
and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn
falsification to authorities.
0y
Date Teresa A. Aungst
1 .i Li 1
l' HSYLVAHl/
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION-LAW
TERESA A. AUNGST, )
Plaintiff )
v. ) No. 2008-4724
)
NATHAN L. AUNGST, )
Defendant ) IN DIVORCE
AFFIDAVIT OF CONSENT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action have continued to live separate and apart for a period of
at least two (2) years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Date Nathan L. Aungst
A +t`t 16
FOINS f f'411 A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
TERESA A. AUNGST, )
Plaintiff )
v. ) No. 2008-4724
)
NATHAN L. AUNGST, )
Defendant ) IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER . 3301(c) AND §3301(d) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the Court
and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn
falsification to authorities.
Date Nathan L. Aungst
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION—LAW
TERESA A. AUNGST, )
Plaintiff ) Coc j
v. ) No. 2008-4724 [ [� ��1/L'r�� [[( ,
)
NATHAN L. AUNGST, )
Defendant ) IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for Divorce: Irretrievable breakdown under Section 3301(c).
2. Date and manner of service of Complaint: Filed on August 6, 2008, by Plaintiff and
served on Defendant by Attorney Max J. Smith, Jr., via regular and certified mail.
3. Complete either paragraph [a] or [b]:
[a] Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code:
By Plaintiff: April 9, 2014 By Defendant: April 11, 2014
[a] Related claims pending: None.
[b] Claims withdrawn: None
[c] Claims settled by agreement of the parties: All pending claims settled by
agreement of the parties.
[d] There is a written agreement to be incorporated into the Divorce Decree.
5. I certify that the Waiver of Notice of Intent to request entry of the Divorce Decree in
Section 3301(c) of the Divorce Code has been completed and filed on the part of each party.
r
Res,,ectful submitted,
j;
r' tatil
Kare G. Muir, Bsqu re -,
P.A.I D. No.: 60044
Attorney for Defendant
1315 West College Avenue
State College, PA 16801
(814) 867-4799
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION-LAW
TERESA A. AUNGST, )
Plaintiff, )
.
v ) No 2008-4724
,- ',
NATHAN L. AUNGST, )
Defendant. ) IN DIVORCE fs'"''°
C
REQUEST FOR COURT APPROVAL OF POST-NUPTIAL AGREEMENT {j4f
All claims related to the above-captioned Complaint in Divorce have been amicably
resolved. The parties therefore request that the Court approve the attached Post-Nuptial
Agreement, as a settlement of all issues and incorporate the said Agreement in its final decree in
Divorce.
B ✓ _=
=• ' • • .AUNGST
Att' ey 'or Plai ' Plaintiff
i &EAU
• ' G. MU r' , ESQ IF NATHAN L. AUNGST
Atto ey for Defendant Defendant
Dated: 4
POST-NUPTIAL AGREEMENT
THIS AGREEMENT, made this 96- day of April , �6pT3; between
TERESA A. AUNGST, now of Towson, Maryland, hereinafter referred to as "Wife,"
party of the first part,
AND
NATHAN L. AUNGST, now of Mechanicsburg, Pennsylvania, hereinafter referred to as
"Husband,"party of the second part,
WITNESSETH
WHEREAS, the parties hereto are Husband and Wife, having been married on August
25, 2001, in Carlisle, Pennsylvania; and
WHEREAS, certain differences have arisen between them as a consequence of which
said parties are now living separate and apart, and they therefore desire to enter into an
agreement for the final settlement of their property and affairs; and
WHEREAS, the parties being fully advised as to their respective rights, duties, and
obligations growing out of their marital status, have come to an agreement as to each and all of
their said matters of property and relations; and
WHEREAS, Wife has commenced suit for absolute divorce from Husband;
NOW, THEREFORE, in consideration of the covenants and promises hereinafter
mutually to be kept and performed by each part, the parties hereto covenant and agree as follows:
1. It shall be lawful for Husband and Wife at all times hereinafter to live
separate and apart from each other and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by
each other. Neither party shall compel or endeavor to compel the other to cohabit or dwell with
him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes
leading to their living apart.
2. Husband and Wife each do hereby mutually remise, release, quitclaim and
forever discharge the other and the estate of the other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or claims in or against each other
for the property(including income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and wheresoever situate, which he or she now
has or at any time hereafter may have against such other, the estate of such other or part thereof,
whether arising out of any former acts, contracts, engagements or liabilities of such other or by
way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's
rights, family exemption or similar allowance, or under the intestate laws, or the right to take
against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of(a) Pennsylvania (b) any State, Commonwealth or territory of the
United States, or(c) any other country, or any rights which either party may have or at any time
hereafter have for part, present or future support or maintenance, alimony pendente lite, alimony,
equitable distribution of property, counsel fees, costs or expenses, whether arising as a result of
the marital relation or otherwise, except, and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any portion thereof. It is the intention of Husband and Wife to give to each other by
the execution of this Agreement a full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which the other now owns or may
hereafter acquire, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any portion thereof.
3. This Agreement shall not be considered to affect or bar the right of
Husband and Wife to a limited or absolute divorce on lawful grounds of such grounds now exist
or shall hereafter exist or to such defense as may be available to either party. This agreement is
not intended to condone and shall not be deemed to be a condonation on the part of either party
hereto of any act or acts on the part of the other party, which have occasioned the disputes or
unhappy differenced which have occurred prior to or may occur subsequent to the date hereof.
The parties intend to secure a mutual consent, no fault divorce pursuant to the terms of Section
3301(c) of the Divorce Code of 1991. Following the Execution of this Agreement, the filing of
the Complaint in Divorce, and the expiration of required ninety(90) days waiting period the
parties hereto agree to execute the required affidavits of consent to finalize the entry of a Decree
in Divorce.
4. Each party represents that they have not heretofore incurred or contracted
for any debt or liability of obligation for which the estate of the other party may be responsible or
liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold
the other party harmless from and against any and all such debts, liabilities or obligations of
every kind which may have heretofore been incurred by them, including those for necessities,
except for the obligations arising out of this Agreement.
5. Husband and Wife each covenant, warrant, represent, and agree that each
will not and at all times hereafter save harmless and keep the other indemnified from all debts,
charges, and liabilities incurred by the other after the execution date of this Agreement and that
neither of them shall hereafter incur any liability whatsoever for which the estate of the other
may be liable.
6. Husband specifically relinquishes any and all claims he might have to
present or future alimony, maintenance, support, or alimony pendente lite and releases and
forever discharges Wife from any claim or action for such right. Husband further agrees that he
shall not seek from Wife, in the present divorce action or in any future action, attorneys' fees,
costs, or an equitable distribution of marital and non-marital property(as those terms are defined
in the Divorce Code) other than as set forth herein. Child Support shall be paid pursuant to the
child support statutes as determined by Domestic Relations or upon agreement of the parties.
7. Wife specifically relinquishes any and all claims she might have to present
or future alimony, maintenance, support, or alimony pendente lite and releases and forever
discharges Husband from any claim or action for such right. Wife further agrees that she shall
not seek from Husband, in the present divorce action or in any future action, attorneys' fees,
costs, or an equitable distribution of marital and non-marital property(as those terms are defined
in the Divorce Code) other than as set forth herein. Child Support shall be paid pursuant to the
child support statutes as determined by Domestic Relations or upon agreement of the parties.
PROPERTY SETTLEMENT
8. Husband and Wife stipulate that they have agreed upon a division of their
household goods and items of personal property to their mutual satisfaction. Husband and Wife
agree that all household goods and items of personal property now possessed by Wife shall be
the sole property of Wife, free and clear of any claim on the part of Husband. Husband and Wife
agree that all household goods and items of personal property now possessed by Husband shall
be the sole property of Husband, free and clear of any claim on the part of Wife.
9. The vehicle currently in possession of Husband, namely a 2007 Toyota
Corolla, shall be the sole property of Husband free and clear of any claim on the part of Wife.
Husband shall assume all responsibility for said vehicle and shall indemnify and hold harmless
Wife for any and all obligations arising from said possession and ownership.
The vehicle currently in possession of Wife, namely a 2003 Mazda 6,
shall be the sole property of Wife free and clear of any claim on the part of Husband. Wife shall
assume all responsibility for said vehicle and shall indemnify and hold harmless Husband for any
and all obligations arising from said possession and ownership.
10. The parties own certain real estate located at 325 West Main Street,
Cumberland County, Pennsylvania. From the date of the execution of this Agreement, Husband
shall have the exclusive right to occupy and possess the former marital residence, as well as the
rental unit on the second floor of the house, and Husband shall assume as his sole obligation any
and all mortgage payments, taxes, utility charges, insurance, maintenance, repairs, claims,
damages, and all other expenses, liabilities, or obligations incurred in connection with the said
real estate. Husband shall be solely entitled to the rents and fees from the rental unit located on
the second floor of the house. Husband agrees and covenants to hold Wife harmless and
indemnify from any liability or obligation arising from any expense incurred in connection with
the said real estate. Wife shall execute a Quit Claim deed transferring her interest to Husband
within ten days of executing this Agreement. Husband shall bear the costs and fees associated
with transferring the property to his name alone. Wife hereby waives any and all interest and
equity she has in the property.
11. The parties acknowledge that each owns an interest in a retirement or
pension or other similar accounts. The named account holder shall retain sole possession of the
account, and any increases in value, free and clear of any claim by the other party.
12. The parties acknowledge that each is liable for certain credit card debt and
other such liabilities in their own name. Each party shall assume full and sole responsibility for
any debt, loans, or other such liabilities which is in their sole name and agrees to indemnify and
hold the other party harmless on these debts.
13. Husband and Wife represent that he and she, respectively, have made a
full and fair disclosure to the other of all of his or her property interests of any nature whatsoever
and that such property is subject to no mortgage,pledge, lien, charge, security interest,
encumbrance or restriction, except those which are disclosed herein. Any property interest of
each of the spouses not specifically provided for herein have been effected by mutual agreement
of the parties hereto.
GENERAL PROVISIONS
14. Husband has been represented by Karen G. Muir, Esquire. Wife has not
been represented by counsel, but has been afforded the opportunity to obtain legal advice and
counsel prior to signing this Agreement. Wife acknowledges that she is executing this
Agreement of her own free will and without any coercion by any party. Each party has carefully
read this Post-Nuptial Agreement and is complete aware not only of its contents, but of its legal
effect. Neither Attorney Muir nor any other attorney have provided any tax advice to the parties
regarding the effect of this Agreement and neither party has relied on any representations by
counsel regarding the tax consequences of the divorce and property settlement.
15. Each party shall be individually liable for counsel fees and costs that he or
she incurs pursuant to this Post-Nuptial Agreement and a consensual divorce action.
16. The parties agree that the terms of this Agreement shall be incorporated
but not merged into their decree in divorce and shall survive the same. The parties further agree
that the Court of Common Pleas of Cumberland County shall retain continuing jurisdiction over
the parties and the subject matter of this Agreement for the purpose of enforcement of any of the
provisions thereof. It is the intent of the parties hereto that this Agreement shall create
contractual rights and obligations entirely independent of any Order of Court and this Agreement
may be enforced by contract remedies in addition to any other remedies which may be available
pursuant to the terms of this Agreement or otherwise under law or equity.
In addition to such other remedies and sanctions available under applicable law, the
parties may utilize any remedy or sanction available for court orders and/or set forth in the
Pennsylvania Divorce Code to enforce any term of this Agreement as though said term was an
Order of Court.
The parties further agree that upon the expiration of 90 days from the following of the
original divorce complaint, both parties will sign the appropriate documentation including but
not limited to an Affidavit of Consent and a Waiver of Notice of Intention to request entry of a
divorce decree.
17. The parties agree that unless otherwise specifically provided herein, this
Agreement shall continue in full force and effect after such time as a final decree in divorce may
be entered with respect to the parties.
18. It is expressly agreed by Husband and Wife that all the clauses and
provisions of this Agreement shall be severable and that in the event any clause or provision or
any portion thereof shall be declared to be invalid for any reason whatsoever, all remaining
clauses or provisions shall be binding and effective. If any such clause or provision shall be
invalid only in a matter of degree, the valid degree of such clause or provision shall be deemed to
constitute the agreed provision hereunder.
19. If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for such breach in law or in equity to enforce
any rights and remedies which the party may have, and the party breaching this Agreement shall
be responsible for legal fees and costs incurred by the other in enforcing his or her rights under
this Agreement.
20. The "date of execution" or"execution date"of this Agreement shall be
defined as the date upon which it is executed by the parties if they have each executed the
Agreement on the same date. Otherwise, the date "date of execution"or"execution date"of this
Agreement shall be defined as the date of execution by the party last executing this Agreement.
21. Each of the parties shall from time to time, within 10 days of the date of
the request of the other, execute, acknowledge and deliver to the party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
22. A modification or waiver of any of the provisions of this Agreement shall
be effective only if made in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall
the waiver of any breach of any provision hereof be construed as a waiver of any subsequent
default of the same or similar nature, nor shall it be construed as a waiver of strict performance
of any other obligations herein.
23. In the event that either party shall file for bankruptcy and seek to
discharge the claims of creditors, then and in that event(a) the party filing for bankruptcy shall
send a copy of the Petition for Bankruptcy to the other party; and (b) the party filing for
bankruptcy shall not request the Bankruptcy Court to discharge the claims of the other party
pursuant to this Agreement. If the party filing for bankruptcy receives a discharge in bankruptcy,
Bankruptcy Code, or any corresponding provisions of any applicable law, reaffirming said
party's obligations to the other party under this Agreement.
In the event that either party obtains a discharge from bankruptcy whereby debts that are
here assumed by that party would them become the sole liability of the non-discharged party, or
where one party would be discharged of his nr her obligations to the non-discharged party under
any provision regarding equitable distribution of marital property, then this Agreement may, at
the request of the non-discharged party only,be modified by a Court of competent jurisdiction in
order to effect a net distribution of assets and assumption of liabilities as intended by this
Agreement.
24. This Agreement shall be construed under the laws of the Commonwealth
of Pennsylvania.
25. This Agreement constitutes the entire understanding between the parties,
and there are no covenants, conditions, representations, or agreements, oral or written, of any
nature whatsoever, other than those herein contained.
26. This Agreement shall bind the parties hereto and their respective heirs,
executors, administrators and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day,
month and year first above written.
WITNESSES:
T 'I=SA A. AUNGST
fittit-
NATHAN L. AL
: IN THE COURT OF COMMON PLEAS OF
TERESA A. AUNGST : CUMBERLAND COUNTY, PENNSYLVANIA
•
V. •
•
2008-4724
NATHAN L. AUNGST
: NO.
DIVORCE DECREE
AND NOW, ArfAl ?C' , 26( � , it is ordered and decreed that
TERESA A. AUNGST
, plaintiff, and
NATHAN L. AUNGST , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None - All pending claims settled by agreement of parties. A written
agreement is to be incorporated into the Divorce Decree.
By th rt,
TN
Attest: J.
_-
r P •thonotary
ert Qopy matlir( pl ff
Notice-4- epq rat la' atiy Muir
I"' OH
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ,.
CIVIL ACTION-LAW
3 -C-
rn CCI r^
TERESA A. AUNGST, ) '`' ci
Plaintiff, )
Cam ► c�
V. ) No. 2008-4724 = `'
NATHAN L. AUNGST, ) -� c,.>
Defendant. ) IN DIVORCE
ORD R
AND NOW, this (9 day of , 014, the attached Agreement
is approved and entered as an Order of this Court in adjudication of the claim related to the
above captioned divorce action.
BY THE CO t :
A000
J.
Karen a. 1\4 r, ail
A . Au 3f In
Teresa r 0/11