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HomeMy WebLinkAbout04-1710u -nnsah, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DANIEL M. HOUCK, Plaintiff V. LISA E. HOUCK, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS IN DIVORCE 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 pages by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO.OLI -1716 (2 tUil, IEtrr CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NOM - 1710 e-1-L ,TetLW V. CIVIL ACTION - LAW LISA E. HOUCK, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER ¢3301(c) OR ¢3301(d) OF THE DIVORCE CODE AND NOW, this IV" day of April, 2004, comes the Plaintiff, DANIEL M. HOUCK, by and through his undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint for Divorce, and in support thereof avers as follows: 1. The Plaintiff is DANIEL M. HOUCK, an adult individual who currently resides at 305 W. Green Street, Shiremanstown, Cumberland County, Pennsylvania. Plaintiff's Social Security Number is 171-58- 2951. 2. The Defendant is LISA E. HOUCK, an adult individual who currently resides at 7 South West Drive, Shiremanstown, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on November 7, 1987, in Mechanicsburg, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six (6) months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under §3301(c) or §3301(d) of the Divorce Code. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By. , Mar C. Duffie At mey LD. No. 7590 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiff :227248 VERIFICATION I, DAN/EL M. HOUCK, verify that the statements made in this Complaint for Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn f ification to authorities. Date: Daniel M. Houck AV ? O p ov = w C x r NATHAN c. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DANIEL M. HOUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW LISA E. HOUCK, : NO. 04 -1710 CIVIL TERM Defendant : IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the Defendant, Lisa E. Houck, by her attorney for custody matters alone, Nathan C. Wolf, Esquire, and respectfully represents as follows: 1.) Defendant is Lisa E. Houck, (hereinafter "Mother'), the Defendant in the above-captioned matter for purposes of the divorce docket who resides at 7 South West Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2.) Plaintiff is Daniel M. Houck, (hereinafter, "Father"), the Plaintiff in the above captioned matter for the purposes of the divorce docket who resides at 305 West Green Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 3.) Mother seeks an order granting shared legal custody and primary physical custody of the following children: Name Pment Resident: Age Jessica Nicole Houck 7 South West Avenue 11 years Shiremanstown, PA 17011 DOB 8/16/1992 Mitchell Daniel Houck 7 South West Avenu° 10 years Shiremanstown, PA 17011 DOB 11/25/1993 4.) Mother and Father are the natural parents of the children. 5.) The children were born during the marriage of the parties. 6.) The children are presently in the shared custody of parties but had resided with both parents prior to the separation of the parties in April of 2004, with Mother fulfilling the role of primary caretaker. 7.) The parties are presently married, but Father has initiated divorce proceedings before this Court. 8.) Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 9.) Mother has no information of a custody proceeding concerning the children pending in any court of this Commonwealth or any other state. 10.) Mother 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. 11.) The best interest and permanent welfare of the children will be served by granting the relief requested herein because Mother is best suited to provide a nurturing environment for the children, and because Mother is best suited to directly provide for the needs of the children. 12.) Mother is willing and able to foster and encourage a meaningful relationship between the children and their Father. 13.) Father has on previous occasions, threatened to remove the children from Mother's custody out of spite or anger. 14.) Mother believes that without an order confirming primary custody of the children with her, that she will be unable to ensure the children's stability in their household, their educational process, and their relationship with each parent, and their respective families. 15.) Mother maintains a stable household and environment within which to raise the children. 16.) Mother is willing to agree to Father having liberal partial custody, but seeks an order confirming such an arrangement. WHEREFORE, for the reasons set forth herein, Defendant Lisa E. Houck, respectfully requests that the Court enter an order confirming shared legal and primary physical custody of the children to the Defendant. Respectfully JuneZL, 2004 ?Ntri'HAN' . WOLF, ESQUIRE Atto for Defendant Lisa E. Houck 47-South Hanover Street, Suite 201 Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that I am the plaintiff in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. June I;W2004 G?- - Lisa E. Houck O--V;7 #Fe OF N n ? ? T nor: V'J U? Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DANIEL M. HOUCK, Plaintiff V. LISA E. HOUCK, Defendant PETITION TO WITHDRAW APPEARANCE PURSUANT TO Pa.R.C.P. 11N !d1 IN DIVORCE AND NOW, this -25* day of June, 2004, comes the undersigned as counsel for the Plaintiff and files a petition to withdraw appearance on behalf of Plaintiff pursuant to Pa.R.C.P. 1012(d) and in support thereof avers as follows: 1. The address of the Plaintiff Daniel M. Houck, is 305 West Green Street, Shiremanstown, Pennsylvania 17011. The Plaintiff, Daniel M. Houck, has requested that the undersigned withdraw his appearance on his behalf and indicated his intention to proceed pro se. 2. The service of this petition and proposed order will be effectuated pursuant to Pa.R.C.P. 440. 3. A Complaint in Divorce was filed on April 20, 2004 and served by certified mail, restricted delivery upon the Defendant on May 1, 2004. A proof of service has been filed concurrently herewith. 4. There are no outstanding motions or petitions currently pending with this Honorable Court. 5. An interim order of court was entered by and between the parties with respect to child and Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1710 Civil Term CIVIL ACTION - LAW spousal support to Docket Number 306 Support 2004, PACSES Case Number 816106326. There was no appeal taken to that interim order resulting in a final order. 6. The Defendant, Lisa E. Houck, has retained Dale F. Shughart, Jr., as her counsel. WHEREFORE, the undersigned requests this Honorable Court to enter an Order permitting the withdrawal of the appearance by the undersigned on behalf of the Plaintiff. Respectfully submitted, JOHNSON, Dt)gFIE, STEW MT & WEIDNER By: M rk C. Duffle A omey I.D. No. 906 Attorneys for Plaintiff :227595 CERTIFICATE OF SERVICE tl? day of June, 2004, the undersigned does hereby certify that she did this date AND NOW, this M serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Daniel M. Houck 305 West Green Street Shiremanstown, PA 17011 Dale F. Shughart, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER /? By: Del) i man n ^' co (7 (_ co -'fi C__ y} ?, 1 `i Y \ _`?(,f - r.> - , -` c? Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 DANIEL M. HOUCK, Plaintiff V. LISA E. HOUCK, Defendant PROOF OF SERVICE NO. 04-1710 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE I hereby certify that on the 18` day of May, 2004, 1 served a true and correct copy of the Complaint in Divorce upon the Defendant, LISA E. HOUCK, by certified mail, restricted delivery to her address, 7 Southwest Avenue, Shiremanstown, PA 17011, attached hereto and made a part hereof. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: DATED: 0-If , 2004 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mary C. Duffle Attorney I.D. No. 75 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Plaintiffs :231284 rq a r-q Pomege a O Csrslled Fee O O Rmm Redepl Fee O (Endorsement Requked) e C3 Resirlcled DelNery Fee .A (EndoreemaM Required) ?/ v CJ rU Total Postage & Fees $ , C7 3N O Sent TO - US0. E. IbUGIC M1 ufi wd ________________________________________________________ o/POBmr N0. 7 Sourhwcst Drive, v Ce f oc-t Guff), PA 110 1A c DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-1710 CIVIL CIVIL ACTION - LAW LISA E. HOUCK, Defendant : IN DIVORCE IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER AND NOW, this 6 ^ day of July, 2004, a rule is issued on the parties to show cause why the relief requested in the within motion ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, Kevin X. Hess, J. ri. 6y T'} cs c AIWM19'? N110 I c o Nd 9- inr un AUViCf dO iOW 3Hi 30 OLaQ C1311j DANIEL M. HOUCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA E. HOUCK DEFENDANT 04-1710 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, July 13, 2004 , 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, August 06, 2004 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. All children age five or older may also be present at the conference. 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 COL1Rr, By: /s/ Hubert X. Gilroy..Esa. mnc 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 TI-HS 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 # ? ?? ?Qv , £?•, ??%i "lam ? ? ?Ys? ?©• E'/L A?J 7jri UMCY) £ 0 :£ Pd £ I i1 it UDZ A01"CINCHii)dd ]H1 ?o JU G-0311d Johnson, Duffle, Stewart & Weidner 3y: Mark C. Duffie .D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 04-1710 Civil Term V. CIVIL ACTION - LAW LISA E. HOUCK, IN DIVORCE Defendant PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Johnson, Duffie, Stewart & Weidner, counsel for the Plaintiff, Daniel M. Houck, and hereby petitions this Honorable Court to enter an order making Rule Absolute, and in support thereof avers as follows: This Court entered an Order issuing a Rule to Show Cause on July 6, 2004, a true and correct copy of which is attached hereto as Exhibit "A". 2. Counsel served a copy of the Order and Petition upon Defendant's counsel by regular mail. 3. Defendant and/or her counsel have failed to respond to the Order or to show cause why the relief requested should not be granted. WHEREFORE, the undersigned counsel for the Plaintiff, Daniel M. Houck, respectfully requests that this Honorable Court issue an Order making rule absolute granting the undersigned leave to withdraw pursuant to Pa.R.C.P.1012(d). Respectfully submitted, JOHNSON, DUFFIE, STEWART NER By: ark?C. Duffie Attorney I.D. No. 7590 Attorneys for Plaintiff CERTIFICATE OF SERVICE AND NOW, this day of July, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Daniel M. Houck 305 West Green Street Shiremanstown, PA 17011 Dale F. Shughart, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By:? Deb ra J. es an :232798 13637-1 .a. ? ? ?7 ?... ? -? ?r?'°? ? 's -„ [fi t j "' N CT? ?;;: t:.:... ? ?: '9 ?. CSC) c:? ?;m r ?- N ?; G? =? c AUG 0 3 2004 ohnson, Duf6e, Stewart & Weidner 3y: Mark C. Duffle .D. No. 75906 M I Market Street ?. O. Box 109 Lemoyne, Pennsylvania 17043-0109 ;717) 761-4540 DANIEL M. HOUCK, Plaintiff V. LISA E. HOUCK, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1710 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this r day of aC jk "' , 2004, upon consideration of the attached Petition and all parties failing to have shown cause why the relief requested on the Petition to Withdraw Appearance, the petitioning counsel for the Plaintiff, Mark C. Duffie, is hereby granted leave to withdraw pursuant to Pa. R.C.P. 1012(d). O \ b?,o 1?vrvl.r? , ?t? 8? :I Rd S- a;14' uoz At' v. i J; l (jU i JHi Jo AUG 2 0 2004 DANIEL M. HOUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LISA E. HOUCK, : NO. 2004-1711D Defendant : IN CUSTODY COURT ORDER AND NOW, this 2y' day of ASw of _, 2004, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. The father, Daniel M. Houck, and the mother, Lisa E. Houck, shall enjoy shared legal custody of Jessica Nicole Houck, born August 16, 1992 and Mitchell Daniel Houck, Born November 25, 1993. 2. Physical custody during the school year shall be such that father will have physical custody of the minor children from Tuesdays of each week after school until Friday morning of that week. Mother shall have physical custody from Friday morning until Tuesday afternoon. 3. During the summer months, physical custody shall be handled with father having one uninterrupted week during the month of June, July and August with father to provide at least two weeks notice to mother of which week he intends to have custody. Additionally, during the other weeks of the summer vacation, father shall have custody of the children from Tuesday afternoon at 4:30 p.m. until Friday morning at 7:00 a.m. Mother shall have custody of the minor children at all other times during the summer months. Additionally, mother shall also be entitled to two separate, non-consecutive uninterrupted weeks of vacation with the minor children, with mother to give father at least two weeks notice. 4. Physical custody on holidays shall be handled as follows: a. The parties shall each have custody of the children for one half of the Christmas vacation, the time frame to be arranged between the parties. b. For the Christmas holiday, father shall have custody of the minor children on Christmas Eve from 9:00 a.m. until 11:00 p.m. or some other time agreed upon by the parties. Mother shall have custody from Christmas Eve in the evening when father returns the children through the entire Christmas Day. c. For the Thanksgiving holiday, father shall have custody of the minor children starting Thanksgiving Day at 9:00 a.m. with father returning the children to mother on that Friday at 9:00 a.m. Mother shall always have custody of the children on the Sunday prior to the Thanksgiving holiday. d. Mother shall always have custody of the minor children on Mother's Day and father shall always have custody of the minor children on Father's Day from 4:30 p.m. until 7:00 a.m. the Monday after Father's Day. 5. Each parent shall enjoy the right of first refusal with respect to providing day care for the minor children in the event the custodial parent is not available to care for the children. This provision does not address short periods of time when a parent is not available, such as an hour or two. This is primarily designed to address situations where the custodial parent may have to work on the day they have custody of the minor children. In those circumstances, the custodial parent should contact the non-custodial parent to offer that parent the opportunity to care for the children and, if that parent declines, then the custodial parent must make their own arrangements for day care. 6. Both parties shall enjoy reasonable telephone contact with the minor children when the children are in the custody of the other parent. 7. In the event the parties desire to modify this Order, either party may petition the Court to have the case heard again before the Custody Conciliator. Additionally, the parties may modify the custody arrangement under this Order if they agree. Absent an agreement, this Order shall control. cc: cXathan Charles Wolfe, Esquire ;,0finiel M. Houck v - R og-a? o? BY THE COURT, \1 / QUl]' N O Z01)4 DANIEL M. HOUCK, Plaintiff v LISA E. HOUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2004 -1710 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(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: Jessica Nicole Houck, born August 16, 1992, and Mitchell Daniel Houck, born November 25, 1993. 2. A Conciliation Conference was held on August 12, 2004, with the following individuals in attendance: The father, Daniel M. Houck, who appeared without counsel and the mother, Lisa E. Houck, with her counsel, Nathan Wolf, Esquire. 3. The parties agreed upon the entry of an order in the form as attached. jq-t v )g? DATE AHuhert X. G' y, Esquire Custody C ciliator NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 211-4436 ATTORNEY FOR DEFENDANT DANIEL M. HOUCK, Plaintiff v. LISA E. HOUCK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO.2004 -1710 CIVIL TERM IN CUSTODY Defendant PETITION FOR MODIFICATION AND NOW comes the defendant, Lisa E. Houck, by her attorney, Nathan C. Wolf, Esquire, and presents the following complaint for custody, representing as follows: 1. The defendant/petitioner is Lisa E. Houck, an adult individual residing at 7 South West Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. The plaintiff/respondent is Daniel M. Houck, an adult individual with a mailing address of 305 West Green Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 3. The parties are the natural parents of two minor children, namely: Na= Jessica Nicole Houck Mitchell Daniel Houck 7 South West Avenue Shiremanstown, PA 17011 7 South West Avenue Shiremanstown, PA 17011 11 years DOB 8/16/1992 10 years DOB 11/25/1993 4. The children are presently the subject of an Order for Custody issued August 24, 2004, providing for shared custody of the children as follows: the children are in custody of Father from Tuesdays of each week after school until Friday morning of that week, and the children are in the custody of Mother from Friday morning until Tuesday afternoon. A true and correct copy of the order Agr of which modification is sought is attached hereto as Exhibit A. 5. Mother seeks a modification of custody based upon developments that have occurred since the issuance of said custody order. 6. Sometime in November of 2004, the parties' daughter, Jessica, was involved in a heated verbal altercation with the paternal grandmother, with whom Father resides when he has custody of the children. 7. Asa result of that argument, the child fled ran away from her Father's home and hid for approximately two (2) hours in a cornfield near her mother's home. 8. The field where the child was hiding was also near the father's home. 9. During the time she was gone, the police were not summoned and no one searched for the child at all. 10. The child waited for her mother to arrive home and then sought her mother out immediately. 11. The child has, since this incident, refused to return to Father's custody as a result of the harsh treatment and severe criticism she receives from Father and his family. 12. Recently, the parties were engaged in a heated argument during which Father lost his temper, grabbing Mother in the presence of the children, and causing her injuries. 13. Mother believes that criminal charges have been filed against Father as a result of his actions against Mother. 14. The parties' children witnessed the altercation and, in fact, assisted Father's relatives in getting Father to release his grip of Mother. 15. During the course of the altercation the parties' son, Mitchell, was struck in the face by Father, as he attempted to separate his parents. 16. Mother believes that the Father and his family have sought to alienate both children from the love and affection of the Mother and believe that they will accuse her of engaging in such action directed towards the Father. 17. Mother however denies any allegation and avers that she would not engage in such behaviors, however she does acknowledge that she has acted in a manner she believed to be consistent with the protection of her daughter and in the child's best interests. 18. Mother likewise avers that the basis for her actions concerning her son are motivated solely by her concern for his best interests and permanent welfare. 19. Mother believes and therefore avers that it would be in the best interests of the children for the Court to grant primary physical custody of the child to Mother and to grant periods of partial physical custody to Father, which are reduced from the current schedule to one which the Court might determine to be appropriate. 20. Mother furthermore avers that the children may benefit from therapeutic counseling and acknowledges that the resolution of this matter may require a custody evaluation to be performed, which she would consent to. WHEREFORE, defendant, Lisa E. Houck, prays this Honorable Court enter an Order granting the relief requested herein granting Defendant primary physical custody of the parties' daughter, Jessica Nicole Houck, and continuing shared physical custody of the parties' son, Mitchell Daniel Houck and the continued shared legal custody of the children by the parties. Respectfully Dated: January lz?, 2005 NA111an C. olf, Esquire 37 S anover Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant DANIEL M. HOUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LISA E. HOUCK, : NO. 2004 -1710 Defendant : IN CUSTODY COURT ORDER AND NOW, this fh day of , 2004, upon consideration of the attached Custody Conciliation report, it is ered and directed as follows: 1. The father, Daniel M. Houck, and the mother, Lisa E. Houck, shall enjoy shared legal custody of Jessica Nicole Houck, born August 16, 1992 and Mitchell Daniel Houck, Born November 25, 1993. 2. Physical custody during the school year shall be such that father will have physical custody of the minor children from Tuesdays of each week after school until Friday morning of that week. Mother shall have physical custody from Friday morning until Tuesday afternoon. 3. During the summer months, physical custody shall be handled with father having one uninterrupted week during the month of June, July and August with father to provide at least two weeks notice to mother of which week he intends to have custody. Additionally, during the other weeks of the summer vacation, father shall have custody of the children from Tuesday afternoon at 4:30 p.m. until Friday morning at 7:00 a.m. Mother shall have custody of the minor children at all other times during the summer months. Additionally, mother shall also be entitled to two separate, non-consecutive uninterrupted weeks of vacation with the minor children, with mother to give father at least two weeks notice. 4. Physical custody on holidays shall be handled as follows: a. The parties shall each have custody of the children for one half of the Christmas vacation, the time frame to be arranged between the parties. b. For the Christmas holiday, father shall have custody of the minor children on Christmas Eve from 9:00 a.m. until 11:00 p.m. or some other time agreed upon by the parties. Mother shall have custody from Christmas Eve in the evening when father returns the children through the entire Christmas Day. c. For the Thanksgiving holiday, father shall have custody of the minor children starting Thanksgiving Day at 9:00 a.m. with father returning the children to mother on that Friday at 9:00 a.m. Mother shall always have custody of the children on the Sunday prior to the Thanksgiving holiday. d. Mother shall always have custody of the minor children on Mother's Day and father shall always have custody of the minor children on Father's Day from 4:30 p.m. until 7:00 a.m. the Monday after Father's Day. cc: 5. Each parent shall enjoy the right of first refusal with respect to providing day care for the minor children in the event the custodial parent is not available to care for the children. This provision does not address short periods of time when a parent is not available, such as an hour or two. This is primarily designed to address situations where the custodial parent may have to work on the day they have custody of the minor children. In those circumstances, the custodial parent should contact the non-custodial parent to offer that parent the opportunity to care for the children and, if that parent declines, then the custodial parent must make their own arrangements for day care. Both parties shall enjoy reasonable telephone contact with the minor children when the children are in the custody of the other parent. In the event the parties desire to modify this Order, either party may petition the Court to have the case heard again before the Custody Conciliator. Additionally, the parties may modify the custody arrangement under this Order if they agree. Absent an agreement, this Order shall control. 6. 7 BY THE COURT, ,5 -?i Judge I TRUE COPY FROM RECORD Nathan Charles Wolfe, Esquire In Testimony whereof, I here unto set my hand Daniel M. Houck andAhe seal of saidfCoturt elarlisle, Pa. tu(a '? 0, 204 DANIEL M. HOUCK, Plaintiff v LISA E. HOUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2004 -1710 : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(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: Jessica Nicole Houck, born August 16, 1992, and Mitchell Daniel Houck, born November 25, 1993. 2. A Conciliation Conference was held on August 12, 2004, with the following individuals in attendance: The father, Daniel M. Houck, who appeared without counsel and the mother, Lisa E. Houck, with her counsel, Nathan Wolf, Esquire. 3. The parties agreed upon the entry of an order in the form as attached. q (V0 Z3t DATE Hubert X. Gyoy, Esquire Custody Conciliator RECEIVED Ip^! 25 2005 VERIFICATION I, the defendant in the above-referenced action, do hereby verify that the facts set forth in this petition are true and correct to the best of my infomvtion and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.GS. 54904, relating to unswom falsification to authorities. Januaty A4 , 2005 gtAO- f, w I !F ) Lisa M. Houck 900/900'd I00# V6:60 9006/hZ/I0 Li;b WLIL MVI J Ally H]OM '0 NVH1VN:wOAJ N n tc-'.?? -ti{ 1 'P ? ?G"' n T, f ? ti i ? 'Y" -t't'?_ J ) "? ? t,.. ?C1 G? i'1 -.... tom.,, Pi Gl , ? r??t ? Cam ?S? ? ? rT ,.,r :?. ?D ?`i 1 ??,Li _ ?,,? DANIEL M. HOUCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA E. HOUCK DEFENDANT 04-1710 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, January 27, 2005 , 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, February _25, 2005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will b- 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. All children age five or older may also be present at the conference. 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; Is/ 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 ems'' i , 11 11 AV SE f9r SO n:?.! ; _ c,, ;1I J WAY-011 1 RECEIVED MAR 2 92005 A DANIEL M. HOUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LISA E. HOUCK, : NO. 2004 - 1710 Defendant : IN CUSTODY COURT ORDER AND NOW, this Yr-?_ day of / )I d-" , (? `? , 2005, upon considleration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. 4 of the Cumbe and County Courthouse on the Z rc( day of _ .u 2005 at /,' ('` .m. At this hearing, the mother shall be the moving party and shall pr eed initially with testimony. 2. At the hearing, the mother's petition for revision of the Custody rder will be considered. Additionally, the Court will also consider any alleg tions by the father that mother is in contempt for failing to abide by the orde and father's request to modify the Custody Order. 3. Each party either themselves or through their attorney shall file wit the Court a memorandum setting forth the history of Custody in this case, the i ues that will be addressed by the Court at the hearing, a list of witnesses who wi 1 be called to testify on behalf of each party and a summary of anticipated testi ony of each witness. This memorandum shall be filed with the Court and op ing counsel, or the party if the party is not represented, at least 5 days (prior to t e mentioned hearing date. 4. Pending further order of this Court, this Court's August 24, 200 order shall remain in effect. BY THE COURT, cc: , IGat n C. Wolf niel M. Houck 305 West Green Street V Shiremanstown, PA 17011 A. Hess n? L iE:J- ? ?.1.: ?? 4. The Conciliator recommends an order in the form asl attached. 3-.2?? OS- ),I '? DATE Hubert X. Gilroy, Esquire Custody Conciliator DANIEL M. HOUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW LISA E. HOUCK, : NO. 2004 - 1710 Defendant : IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY ;CIVIL ULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits t e following report: 1. The pertinent information pertaining to the children who are the su 'ect of this litigation is as follows: Jessica Nicole Houck, born August 16, 1992, and Mitchell Daniel I?Ouck, born November 25, 1993. 2. A Conciliation Conference was held on March 24, 2005, with th following individuals in attendance: The mother, Lisa E. Houck, with her counsel, Nathan C. Wolf, and the father, Daniel M. Houck who appeared without counsel 3. The parties were before the Custody Conciliator last August lat whic time they agreed upon the entry of a Custody Order which, essentially, Is a sha d physical custody arrangement. Since that time, there have been a number problems between the parties. A protection from abuse order has beech issued gainst the Plaintiff father. The father is claiming that the mother is continually v olating the custody order by not abiding by the provision that the minor daughter a with the father at certain periods of time. Additionally, father allege other violations. Mother wants to modify the order because the minor daughter Jessica is s ggesting to her that she does not want to go to be with the father during the schedul periods of custody. Mother wants to limit father's time. Father feels motiler is sorting the children against him and he suggests that mothers time should be limited so that the children are not exposed to that type of conduct. Obviously, there is dramatic disagreement between the parties and a hearing is necessary. Daniel M Houck : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA Lisa E. Houck Defendant CIVIL ACTION-LAW No. 04-1710 CIVIL Petition for Special Relief Plaintiff, Daniel Martin Houck requests that the that the marital home be sold to prevent a devastating support of plaintiffs petition avers as follows: 1. GMAC, Mortgage Company has informed p] mortgage is in default and the mortgage is in process. 2. Defendant refuses to sell the unaffordable m? 3. Defendant has resided in the marital home of 4. Support Master had informed the defendant t responsible for the marital home. 5. Defendant has failed to make the mortgage p timely manner causing considerable amount the plaintiff's credit. 6. Defendant shall be responsible for the debt tt because of late fees and missed mortgage pa3 7. Defendant has removed all marital property f 8. Defendant has removed and will not return p' premarital property. WHEREFORE, Plaintiff requests that the court orders a qui assumption of the marital home to prevent a devastating for cause financial hardships for both the plaintiff and the defer come. Plaintiff requests the court to expedite division of ass is any more reduction of assets. espectfully subn "77C. 421 Daniel Houck require sure. In ntiff that the foreclosure a1 home. separation. she was ments in a damage to is incurred the home. sale or an osure that will nt for years to before there ; ; ? ;. 7 -?, ? -, ?, _ Y ...? '} rJ ?.? 1 L _) ? ? (MI DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ca VS. CIVIL ACTION - LAW NO. 04-1710 CIVIL LISA E. HOUCK, Defendant IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 2O day of April, 2005, a rule is issued on the defendant to show cause why the relief requested in the within petition for special relief ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Kevi .Hess, J. ??. r J ,?? i t L i. "a t 1?. / '1 ?i '?. ?"J i "4i, DANIEL M. HOUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : No. 04-1710 CIVIL TERM LISA E. HOUCK, Defendant ANSWER TO PETITION FOR SPECIAL RELIEF Defendant, Lisa E. Houck, by her attorney, Dale F. Shughart, Jr., Esquire, makes the following Answer to the Petition for Special Relief filed by the Plaintiff: 1. Admitted. 2. Denied. On the contrary, Defendant vacated the marital property on March 12, 2005. She immediately obtained a market analysis from ReMax. The sales agent, Craig Wilson, prepared a Listing Agreement which Defendant signed. The realtor indicated they had at least one party interested in making an offer to purchase the property. Plaintiff refused to cooperate in listing the property for sale. The Plaintiff insists that he can sell the property without the benefit of a realtor. The Plaintiff consulted her undersigned attorney who advised Mr. Houck by letter dated March 31 to obtain a lawyer or real estate agent to assist him. Ultimately, the Defendant contacted Mark Duffie, Esquire, with whom Plaintiff's undersigned counsel has had correspondence and telephone conversations. Attorney Duffie agreed to assist Mr. Houck in the preparation of an Agreement of Sale with a qualified buyer. For the past two weeks, approximately, both parties have shown the property to numerous people but as of the date of signing this Answer, no written offers have been presented. 3. Admitted in part. Denied in part. Defendant resided at the property until March 12, 2005, at which time she vacated. 4. Denied. On the contrary, the Support Master advised both parties that the Court would not order either party to make payment of the mortgage. Defendant paid the mortgage through December 2004, but has made no payments since that time. 5. Denied. On the contrary, Defendant made payments in a timely manner through November 2004, and has paid the December payment. The Defendant has made every reasonable effort to convince the Plaintiff to cooperate in selling the property through a licensed realtor. He has to date failed to cooperate in that regard, resulting in the continued delinquency. Further, Plaintiff may make the mortgage payments to eliminate any adverse effect upon his credit. He may also move into the marital property. 6. Denied. On the contrary, the Defendant's Answers to Paragraphs 2 through 5 are incorporated herein by reference thereto. 7. Denied. On the contrary, after the separation, Plaintiff entered the marital residence on numerous occasions and took the items he desired into his possession. All other marital property is currently in the possession of the Defendant. 8. Denied. On the contrary, to the extent Plaintiff owned any "premarital property", which would be negligible, he removed it from the marital property following separation. Defendant does not to the best of her knowledge have possession of any premarital property of the Plaintiff. WHEREFORE, Defendant prays Your Honorable Court to dismiss Plaintiff's Petition for Special Relief. Respectfully subm3 `ed, Dale F. Shughart Supreme Court I.D. 1 3 3 35 East High Street, uite 203 Carlisle, PA 17013 (717) 241-4311 VERIFICATION Lisa E. Houck hereby verifies that the facts set forth in the foregoing Answer to Petition for Special Relief are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: May 11, 2005 -3- DANIEL M. HOUCK, Plaintiff VS. LISA E. HOUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 04-1710 CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this U-:Y--day of May, 2005, I, Dale F. Shughart, Jr., Esquire, attorney for Defendant, hereby certify that I have served a copy of an Answer to Petition for Special Relief by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Daniel M. Houck 305 West Green Street Shiremanstown, PA 17011 Supreme Court 35 East High S Carlisle, PA 1 (717) 241-4311 1 7- D 19373 e41t, Suite 203 3 ?= tti Ci ? ?? .,.? ?rvTt -,Y -_ i Z ??: 1 DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LA W NO. 04-1710 CIVIL LISA E. HOUCK, Defendant ORDER AND NOW, this 2y- day of June, 2005, after hearing, and careful consideration of the testimony adduced, the petition of the defendant for modification of the custody order is DENIED. The court finds, further, that the defendant is in violation of the existing custody order. Action, however, on any request for contempt finding is deferred, it appearing that the plaintiff declines to pursue enforcement at this time. BY THE COURT, Daniel Houck, Pro Se 305 West Green Street Shiremanstown, PA 1701 Nathan Wolf, Esquire For the Defendant Am ?' ri Li fl? ! `rl liz I.f,r SGoz nd1CvUl!j)Gd HHi ?0 alai _' {-Iii-I Donald T. Kissinger, Esquire Hewett, Kissinger, Conley & Hoist, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Daniel M. Houck IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL M. HOUCK, Plaintiff ) V. ) LISA E. HOUCK, ) Defendant ) NO. 2004-1710 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S PETITION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF EXISTING CUSTODY ORDER AND NOW, comes Plaintiff, Daniel M. Houck, by and through his counsel, Howett, Kissinger, Conley & Hoist, P.C., who hereby files the instant Petition for Civil Contempt for Disobedience of Existing Custody Order and in support thereof avers as follows: I . Petitioner is Daniel M. Houck ("Father"), Plaintiff in the above-captioned custody action. 2. Respondent is Lisa E. Houck ("Mother"), Defendant in the above- captioned custody action. 3. Mother and Father are the biological parents of Jessica M. Houck, age 13, born August 16, 1992, and Michael D. Houck, age 12, born November 25, 1993. 4. On August 24, 2004, the Court of Common Pleas of Cumberland County, per the Honorable Kevin A. Hess, entered a custody order awarding Father periods of partial custody as to both minor children. Specifically, Father is to receive every Tuesday through Friday during the academic year and, during the summer, he is to receive one full week in each of the months of June, July and August as well as every Tuesday through Friday on all other weeks; Mother is entitled to two non-consecutive weeks of vacation during the summer. A copy of the Court's August 24, 2004 Order is attached hereto as Exhibit "A" and is incorporated herein by reference thereto. Since approximately January of 2005, despite repeated attempts to exercise his periods of partial custody, Father has been refused his periods of custody as to both minor children. 6. On June 24, 2005, following a hearing before Judge Hess on a petition for modification filed by Mother, the Court specifically found that Mother was in violation of the existing custody order; however, the Court deferred any finding of contempt insomuch as, at that time, Father declined to pursue enforcement. A copy of the Court's June 24, 2005 Order is attached hereto as Exhibit "B" and is incorporated herein by reference thereto. Pursuant to Section 4346 of the Domestic Relations Code, a party who wilfully fails to comply with an existing partial custody order may be adjudicated in contempt, which contempt may be punishable by one or more of the following: (a) Imprisonment for a period not to exceed six months; (b) A fine not to exceed $500.00; (c) Probation for a period not to exceed six months; or (d) An order for non-renewal, suspension or denial of operating privilege pursuant to §4355. 8. Moreover, Rule 1415.12 of the Pennsylvania Rules of Civil Procedure empowers a Court to find a party in civil contempt for wilful disobedience of an existing custody order. Mother has wilfully failed to abide by the existing custody order in, inter alia, the following ways: (a) Despite repeated attempts by Father to exercise his periods of partial custody, since approximately January 2005 Mother has refused to permit the minor children to go with Father for periods of partial custody, which action is violative of paragraphs 2, 3 and 4 of the existing custody order. Mother's wilful disobedience has continued notwithstanding this Court's June 24, 2005 Order; (b) Notwithstanding the prescriptions of paragraph 6 of the existing custody order, which affords both parties reasonable telephone privileges with the minor children when they are in the custody of the other parent, since approximately January 2005 Mother has wilfully refused to allow Father to have telephonic contact with the minor children; and (c) Mother's conduct as a whole is evidence of her intention to create severe alienation between Father and the minor children. 10. As Mother has rebuffed all of Father's attempts to comply with the existing custody order, Father is constrained at this time to seek judicial intervention in the form of a request for civil contempt. WHEREFORE, Petitioner respectfully requests this Honorable Court enter an order finding Respondent to be in civil contempt of the existing custody order and, in furtherance thereof, Petitioner respectfully requests this Honorable Court grant any and all available relief that the Court deems appropriate following hearing on the matter. Res ectfully submitted, Date: Donald T. Kissinger, Es re Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Daniel M. Houck 4 f ' DANIEL N1. HOUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW LISA E. HOUCK, NO. 2004 -1710 Defendant IN CUSTODY COURT ORDER AND NOW, this / 4A day of InIJ , 2004, upon consideration of the attached Custody Conciliation report, it ordered and directed as follows: 1. The father, Daniel M. Houck, and the mother, Lisa E. Houck, shall enjoy shared legal custody of Jessica Nicole Houck, born August 16, 1992 and Mitchell Daniel Houck, Born November 25, 1993. 2. Physical custody during the school year shall be such that father will have physical custody of the minor children from Tuesdays of each week after school until Friday morning of that week. Mother shall have physical custody from Friday morning until Tuesday afternoon. 3. During the summer months, physical custody shall be handled with father having one uninterrupted week during the month of June, July and August with father to provide at least two weeks notice to mother of which week he intends to have custody. Additionally, during the other weeks of the summer vacation, father shall have custody of the children from Tuesday afternoon at 4:30 p.m. until Friday morning at 7:00 a.m. Mother shall have custody of the minor children at all other times during the summer months. Additionally, mother shall also be entitled to two separate, non-consecutive uninterrupted weeks of vacation with the minor children, with mother to give father at least two weeks notice. 4. Physical custody on holidays shall be handled as follows: a. The parties shall each have custody of the children for one half of the Christmas vacation, the time frame to be arranged between the parties. b. For the Christmas holiday, father shall have custody of the minor children on Christmas Eve from 9:00 a.m. until 11:00 p.m. or some other time agreed upon by the parties. Mother shall have custody from Christmas Eve in the evening when father returns the children through the entire Christmas Day. c. For the Thanksgiving holiday, father shall have custody of the minor children starting Thanksgiving Day at 9:00 a.m. with father returning the children to mother on that Friday at 9:00 a.m. Mother shall always have custody of the children on the Sunday prior to the Thanksgiving holiday. d. Mother shall always have custody of the minor children on Mother's Day and father shall always have custody of the minor children on Father's Day from 4:30 p.m. until 7:04 a.m. the Monday after Father's Day. S. Each parent shall enjoy the right of first refusal with respect to providing day care for the minor children in the event the custodial parent is not available to care for the children. This provision does not address short periods of time when a parent is not available, such as an hour or two. This is primarily designed to address situations where the custodial parent may have to work on the day they have custody of the minor children. In those circumstances, the custodial parent should contact the non-custodial parent to offer that parent the opportunity to care for the children and, if that parent declines, then the custodial parent must make their own arrangements for day care. 6. Both parties shall enjoy reasonable telephone contact with the minor children when the children are in the custody of the other parent. 7. In the event the parties desire to modify this Order, either party may petition the Court to have the case heard again before the Custody Conciliator. Additionally, the parties may modify the custody arrangement under this Order if they agree. Absent an agreement, this Order shall control. BY THE cc: Nathan Charles Wolfe, Esquire Daniel M. Houck fi&* ` - TRUE topy RECORD to' sel my hand Aiela_ Pa_ DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO.04-1710 CIVIL LISA E. HOUCK, Defendant ORDER AND NOW, this .2 y - day of June, 2005, after hearing, and careful consideration of the testimony adduced, the petition of the defendant for modification of the custody order is DENIED. The court finds, further, that the defendant is in violation of the existing custody order. Action, however, on any request for contempt finding is deferred, it appearing that the plaintiff declines to pursue enforcement at this time. Daniel Houck, Pro Se 305 West Green Street Shiremanstown, PA 17011 Nathan Wolf, Esquire For the Defendant :rlm BY THE COURT, TRW Copy FROM FIE ORD: Ip ?4000,=7 Mared, I here until Sat hep0 and 1118 Of saidHC-o at?C?ar" &? f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL M. HOUCK, Plaintiff ) V. ) LISA E. HOUCK, ) Defendant ) NO. 2004-1710 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Daniel M. Houck, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Civil Contempt for Disobedience of Existing Custody Order was served upon Defendant, Lisa E. Houck, Pro Se, by depositing same in the United States mail, first class, on November 30, 2005, addressed as follows: Lisa E. Houck, Pro Se 111 South Washington Street Mechanicsburg, PA 1755 Date: /1P/6 Donald T. Kissinger, Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Plaintiff, Daniel M. Houck ;; ?- r .?, ? ?, ?. -? DANIEL M. IIOUCK IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA E. HOUCK DEFENDANT 04-1710 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, December 08, 2005 _, 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 Coun Courthouse Carlisle on Friday, January 06, 2006 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. All children age five or older may also be present at the conference. 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. GiYr 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 ilk 'A RECEIVED F-M ^ "^?? DANIEL M. HOUCK, Plaintiff V. LISA E. HOUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1710 CIVIL ACTION - LAW : IN CUSTODY COURT ORDER AND NOW, this X74 day of February, 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in the above referenced case on the 24' day of May, 2006 at 1:30 p.m. At this hearing, the Father shall be the moving party and shall proceed initially with testimony. This hearing shall address Father's petition for contempt. Counsel for the parties, or the parties themselves if they do not have legal counsel, shall file with the Court and opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each party's position on those issues, a list of witnesses who will be called to testify, and a summary of anticipated testimony of each witness. This Memorandum shall be filed at least five days prior to the mentioned hearing date. 2. The parties shall meet with the Custody Conciliator for a conference on Thursday, April 20, 2006 at 8:30 a.m. At this conference, the Conciliator will attempt to see if the parties can work out an agreement that would allow for the canceling of the hearing scheduled above. 3. Pending further Order of this Court, this Court's existing Order of August 24, 2004 shall remain in effect. BY THE COURT, Kevin V Hess, Julll 1 Cc: Mindy Goodman, Esquire Mr. Daniel M. Houck 1 f Ile DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.04-1710 CIVIL ACTION - LAW LISA E. HOUCK, IN CUSTODY Defendant Prior Judge: The Honorable Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF 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: Jessica Nicole Houck, 5orn August 16, 1992 Mitchell Daniel Houck, born November 25, 1993 2. A Conciliation Conference was held on February 16, 2006 with the following individuals in attendance: The Mother, Lisa Houck, with her counsel, Mindy Goodman, Esquire The Father, Daniel Houck, who appeared without counsel 3. Father has filed a petition to hold Mother in contempt. The minor child Jessica is not going to visit the Father and has not been with the Father in a meaningful way for over a year. The son Mitchell is visiting the Father. Father wants to hold Mother in contempt for her violation of the existing Order by not compelling Jessica to attend to the scheduled visitation sessions. Father is also looking for reimbursement on attorney's fees. Mother suggests that Jessica is unwilling to go to visit Dad. 4. Jessica is currently involved with a counselor. Father will initiate contact with that counselor to see if the counseling sessions can be incorporated into a joint session with Father in an effort to identify any issues between Father and Jessica and to facilitate Father and Jessica getting together. Mother has also been encouraged to attend to facilitate some minimal contact between Father and daughter such as dinners on the evenings when the daughter is available or some time over the weekends. This will be done the last few weeks of February and the first two weeks of April (the Father is out of town most of March). The parties will meet again with the Conciliator in April to see the status of the situation, with the understanding that a hearing will still be scheduled in May so that Father may get this matter before the Judge for enforcement if the parties are unable to work out an agreement over the next two months. 5. The Conciliator recommends an Order in the form as attached. Date: February o;?o) 2006 Esquire Custody DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 04-1710 CIVIL LISA E. HOUCK, Defendant/Respondent ORDER AND NOW, this lr ` day of June, 2006, after hearing, it appearing that the plaintiff/petitioner has had little or no contact with his daughter for almost a year but it being the intention of the court that his rights of partial custody under the existing custody order be fully implemented within six months, it is ordered and directed as follows: 1. The pending request for contempt finding is DISMISSED. 2. The father, Daniel M. Houck, and his daughter, Jessica, shall continue counseling with Bonnie Nelson. In the event that the parties are unable to coordinate counseling sessions, all appointments will be scheduled by Ms. Nelson and the parties are directed to attend. 3. The parties shall be guided by Ms. Nelson and shall follow her recommendations concerning the frequency and length of contact between Mr. Houck and Jessica. Notwithstanding the foregoing, partial custody with Mr. Houck shall begin immediately on Monday and Wednesday evenings from after school (or the equivalent time during the summer recess) until 8:00 p.m., with this schedule being expanded through the guidance of Bonnie Nelson. 4. On at least two days a week when Mr. Houck does not have custody of Jessica, Mr. Houck will be permitted to call Jessica and the mother, Lisa E. Houck, will require that Jessica return the call to her father if she is unavailable at the time of the call. 2t? r Ji,'? I' I j 13" k, i j cl t 5. The father is directed to take Jessica to her extracurricular activities when he has custody of Jessica. BY THE COURT, / 14'?k Hess, J. ,,6aniel Houck, Pro Se 305 West Green Street Shiremanstown, PA 17011 vidlindy Goodman, Esquire For the Defendant A Am b DANIEL M. HOUCK, Plaintiff VS. LISA E. HOUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. 04-1710 CIVIL TERM MOTION FOR APPOINTMENT OF MASTER Dale F. Shughart, Jr., Esquire, moves the court to appoint a master with respect to the following claims: [ X] Divorce [ X] Distribution of Property [ ] Annulment [ l Support [ X] Alimony [ ] Counsel Fees [ ] Alimony Pendente Lite [ ] Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The non-moving party has appeared in the action by his attorney, Susan Kay Candiello, Esquire. (3) The statutory grounds for divorce are Irretrievable breakdown §3301(c) and/or (d). (4) Delete the inapplicable paragraph(s): (a) The action is contested with respect to the following claims: Distribution of Property and Alimony. (5) The action does not involve complex issues of law or fact . (6) The hearing is expected to take one-half (1/2) day. (7) Additional information relevant ?o the motdon: N/A Date: Dalke - F. R ugh r Jr . Attorney V*qr e e dant 10 West Hig'fi St et Carlisle, PA 17013 (717) 241-4311 t DANIEL M. HOUCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : No. 04-1710 CIVIL TERM LISA E. HOUCK, Defendant . ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT IN DIVORCE Pursuant to Pennsylvania Rule of Civil Procedure 1920.14, an answer to the allegations of an action for divorce is not required, and such allegations are deemed denied. COUNTERCLAIM COUNT I REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER §3502(x) OF THE DIVORCE CODE 1. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 2. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to §3502(a) of the Divorce Code. COUNT II REQUEST FOR ALIMONY UNDER §§ 3701(x) of the DIVORCE CODE 3. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. r 4. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 5. Defendant requests the Court to enter an order of alimony in her favor pursuant to §§ 3701(a) of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of alimony in her favor pursuant to §§3701(a) of the Divorce Code. Respectfully subm' ed, By Supreme court I.Dj 19373 Attorney for Defendant 10 West High Street Carlisle, PA 17013 (717) 241-4311 -2- V VERIFICATION I verify that the statements made in this Answer and Counterclaim 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 falsifications. G Ci,-iisa E. Houck DATE: q( (31O? -3- V DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. No. 04-1710 CIVIL TERM LISA E. HOUCK, . Defendant CERTIFICATE OF SERVICE AND NOW, this `? day of April, 2007, I, Dale F. Shughart, Jr., Esquire, attorney for Defendant, hereby certify that I have served a copy of the Answer and Counterclaim by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: Susan Kay Candiello, P.C. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Dale F. u rt, Jr. Supreme Cour I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 r_ T. .D 4Z> a w C v «- N6 APR 17 2007 DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Vs. No. 04-1710 CIVIL TERM LISA E. HOUCK, Defendant ORDER OF COURT AND NOW, this 10t day of _ 2007, 0 Esquire, is appointed Master with respect to the following claims: Request for Equitable Distribution of Marital Property and Alim y. By th ourt , ?S ?'ck MOVING PARTY Name: Lisa E. Houck J. NON-MOVING PARTY Name: Daniel M. Houck Attorney's Name : lzv" '1 ? 4*1,1P'd 7 Attorney's Name : Dale F. Shughart, Jr., Esquire Susan Kay Candiello, P.C. Attorney's Address: 10 West High Street Carlisle, PA 17013 Attorney's Address: 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney's Telephone No.: 717-241-4311 Attorney's Telephone No.: 717-724-2278 ?. tl t: N DANIEL M. HOUCK, PLAINTIFF LISA E. HOUCK, VS. DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : NO. 04-1710 Civil Term : CIVIL ACTION -LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3341(c) of the Divorce Code was filed on April 20, 2004. The Defendant was served the Complaint on 2004. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. 1 understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. S. Section 4904, relating to unworn falsification to authorities. -CA DATE DANIEL M. HOUCK C:"? ? .? __., ?% ?';r: ? ?? ?_,? .? ??f> -_ ? -=>r.- '°?': ?:^? ..?- D DANIEL M. HOUCK, PLAINTIFF VS. LISA E. HOUCK, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : NO. 04-1710 Civil Term : CIVIL ACTION -LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DATE DANIEL M. HOUCK ?1. DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. No. 04-1710 CIVIL TERM LISA E. HOUCK, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 16, 2004 and served on May 1, 2004. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: January ak, 2008 Q- Lisa E. Houck Sworn to and subscribed before me this I? day of January, 2008. ENOTMAL SEAL COYLE, NOTMY PUBLIC SLE. CUMBERLAND CO. PA ©(PIRES OCTOBER 17, 2010 (? o X, rte== '? ??' DANIEL M. HOUCK, Plaintiff VS. LISA E. HOUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-1710 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date. ? -7 Lisa E. Houck aqo d a DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 04 - 1710 CIVIL LISA E. HOUCK, Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on January 24, 2008, commencing at 9:00 a.m. APPEARANCES: Susan Kay Candiello Attorney for Plaintiff Dale F. Shughart Attorney for Defendant 0 0 PROCEDURAL HISTORY The complaint in divorce was filed on April 20, 2004, raising grounds for divorce of irretrievable breakdown of the marriage. Both parties have filed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can proceed under Section 3301(c) of the Domestic Relations Code. No economic claims were raised in the complaint; however, an answer and counterclaim were filed on April 16, 2007, on behalf of wife. She raised claims for equitable distribution and alimony. No claims have been raised by either party for counsel fees and costs. The attorney for wife did indicate on the record that if husband appealed on the basis of the pension issue, he was going to raise a claim for counsel fees. The Master was appointed on April 18, 2007, and discovery certifications were sent to counsel on April 24, 2007, followed by a directive for pretrial statements to be due on or before June 8, 2007. The Master conducted a pre-hearing conference with counsel on June 19, 2007, followed by another conference with counsel on September 10, 2007. A hearing was set at that time for January 24, 2008, which went forward as scheduled. The Master requested that counsel prepare a post-hearing memorandum with schedules attached showing assets and values and request for credit on payment of marital obligations. The Master also requested that a transcript be prepared. The Master received counsels' memorandums and the transcript and proceeded to prepare his report and recommendations. • • STIPULATIONS Counsel placed on the record certain stipulations as to the identity and value of marital property and statements regarding the payment of marital debt. These stipulations are set forth in the record on Pages 8 through 12. FINDINGS OF FACT The parties were married on November 7, 1987, and separated April 7, 2004. This is the first marriage for both parties. 2. The parties are the natural parents of two children, Jessica, born August 1992 and Mitchell, born November 1993. The parents share joint legal custody of the children and essentially share physical custody although wife considers herself the primary custodian. She has the children four nights a week; husband has the children three nights a week. Husband is 40 years of age and resides at 664 Bamburger Road, Etters, Pennsylvania 17319 where he lives with a female friend. Husband denies having any relationship with the female friend prior to the separation; however, wife has testified that she heard a conversation before separation that husband was having with a friend wherein he refers to the name of the female friend. Although the Master does not draw any conclusions as to the type of relationship husband had with the female friend prior to the separation, nevertheless, the Master finds that husband did have knowledge of this friend and some contact with her prior to separation. 4. Husband is a high school graduate, he was in the Navy for six years, and was trained as an electronic technician. He currently works for the United States Postal Service as a technician and his net monthly income is $3,493.82. Husband is currently paying support for wife and the children in the amount of $849.00 per month. Wife is 39 years of age and resides at 301 Cheryl Avenue, Mechanicsburg, Pennsylvania 17055 where she lives with the children and her brother. Wife bought the home, where she is currently residing, from her brother and testified that he does not contribute to the expenses of the household. Wife did indicate that she thought a fair rental value for the room that the brother occupies would be $150.00 per month. 2 6. Wife has a high school education and has had training in other disciplines such as massage therapy and business. However, she has no advanced degrees. She is currently working for the Commonwealth of Pennsylvania as a clerk typist II and her net monthly income is $1,952.99. 7. Neither party has any health issues affecting their ability to carry out their employment responsibilities. Wife is being treated for glaucoma and husband indicated that he has recently undergone a test for a problem with the prostate. 8. Both parties have medical insurance coverage through their employment; wife, however, will pay $18.62 each pay for her coverage. 9. The marital assets and the value ascribed to each asset is set forth herein: Husband's Member's 1St checking account $ 2,196.00 Husband's Members 0 savings account 2,105.00 Husband's retirement with the Postal System 19,311.00 The Postal Thrift Savings Plan 3,721.00 Tyco 401(k) account 4,632.00 Tyco stock 1,148.00 Pfizer stock 810.00 2003 income tax refund 1,115.00 GMAC mortgage escrow refund 2,084.00 Net proceeds from the sale of marital residence 41,240.00 (each party received $1,250.00 of the interest earned on the account.) See NT - Page 8 Wife's Member's 1St checking account 218.00 Wife's Member's 1St savings account 25.00 TOTAL $ 78,605.00 10. The marital expenses which husband paid are as follows: Visa 619.00 3 Reconnect service for electric and water GMAC mortgage payments TOTAL The marital expenses which wife paid are as follows: Kohl's credit card Bon-Ton credit card TOTAL 108.00 4,900.00 $ 5,627.00 394.00 52.00 $ 446.00 11. No objection has been made by either party in these proceedings to the method and adequacy of service of any of the pleadings in the divorce action nor has either party or counsel objected to the jurisdiction of this Court to act in these proceedings. CONCLUSION OF LAW The grounds for divorce are irretrievable breakdown of the marriage. The parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. Husband's affidavit and waiver were signed on January 24, 2008, and filed with the Prothontary on January 28, 2008; wife's affidavit and waiver were signed on January 28, 2008, and filed on January 29, 2008. ANAYLSIS OF THE FACTORS AS SET FORTH IN SECTION 3502(a) OF THE DOMESTIC RELATIONS CODE 1. The parties were married and living together in a marital relationship for approximately 17 years and have been separated for approximately 4 years. 2. Neither party was previously married. 4 3. Husband is 40 years of age, is in reasonably good health, and is a technician with the United States Postal Service which is his major source of income and benefits. Wife is 39 years of age, is in reasonably good health except for her glaucoma which is being treated and which does not affect her employability. She is a clerk typist II for the Commonwealth of Pennsylvania which is her major source of income and benefits. 4. Neither party contributed to the education or increased earning power of the other party although wife did take some courses during the marriage which she did not ultimately use in her employment and which were not a substantial cost factor to the parties jointly. 5. The parties' opportunity for future acquisitions and assets is income based on their current employment and benefits. 6. The source of income of the parties is through their employment as well as the benefits to which they may be entitled through the employment. 7. Neither party dissipated the marital estate and each party contributed to the acquisition of the marital estate. Wife was the primary homemaker in caring for the household and the children. 8. The value of the property set apart to each party are the assets which each party will receive as a result of the distribution of those assets in these proceedings. 9. The standard of living of the parties established during the marriage was comfortable. 10,10(l) and 10(2). Any economic circumstances involving tax ramifications at the time of division of property have not been considered by the Master nor has the Master had to deal with assets involving cost of sale. The parties have liquidated the marital residence and any other assets will be distributed in kind to each of the parties. 11. Both parties serve as the custodian of the dependent minor children, wife having the children four nights a week; husband having the children three nights a week. The parties share joint legal custody. DISCUSSION EQUITABLE DISTRIBUTION Based on the stipulations of the parties and counsel, the facts found by the Master, and the analysis of the factors under Section 3502(a) of the Domestic Relations Code, the Master finds that the distribution of the assets of the parties as set forth hereafter provides for wife to receive 53% of the total estate and husband to receive 47% of the total estate. In Findings of Fact No. 9 the Master determined that the value of the marital estate is $78,605.00. If husband receives a distribution of all of the assets except the net proceeds from the marital home and wife's Members 1st checking and savings accounts, husband would receive $37,122.00 or 47% of the total marital estate. If wife receives the remaining assets (marital home proceeds and her Member's 1st savings and checking accounts) she will receive $41,483.00 or 53% of the marital estate. Each party will be entitled to credit on account of payment of marital debt, said debt being set forth in Findings of Fact Nos. 10 and 11. Immediately before the hearing was to begin, husband raised an issue as to his retirement plan and brought in some documents which he says purported to explain that he cannot receive any of the monies from his retirement plan until he has served 20 years in his employment with the Postal Service. Even if this information is correct, husband did not at any point during the proceedings provide this documentation or information, all calculations were made based on husband being able to retire during the course of his employment, and the Pension Appraisers provided a number which counsel had been using and stipulated to throughout the proceedings. As a result of the 6 i • circumstances and timing that husband wished to present this evidence, which was not supported by the offer of any witnesses' testimony, the Master excluded the evidence. The evidence was excluded not only on the Master's belief that the evidence should have been available for review prior to the hearing but also because wife's counsel objected, rightfully so, that he had not had any knowledge of this evidence that husband wished to present not did he have an opportunity to verify or check out the information. The Master indicated that he would not continue the hearing, that the hearing would go forward and that the purported evidence which husband wished to present would not be permitted. There is a discussion on the record in the opening remarks of the transcript which sets forth clearly the issue presented and the Master's ruling. Evidence was presented by both parties regarding the dissipation of the value of the real estate. Husband testified that wife did not cooperate in the sale and that the house, when wife gave up possession, was unkempt. Wife testified husband broke into the house damaging a door and window in order to remove items of tangible personal property. A review of the testimony from the parties and witnesses did not leave the Master with any specific clarity that either party dissipated the value of the real estate. Based on a distribution to husband of the marital assets assigned to him, husband is entitled to receive $37,122.00 or 47% of the total marital estate, and based on a distribution to wife of the marital assets assigned to her, wife is entitled to receive $41,483.00 or 53% of the total marital estate. After the distribution of the assets to each of the parties, the Master will apply the credits of payment of marital debt as set forth herein. 7 RECOMMENDATIONS EQUITABLE DISTRIBUTION ASSETS AND VALUES ASSIGNED TO HUSBAND I I` Husband's Member's 0 checking account $ 2,196.00 Husband's Members I" savings account 2,105.00 Husband's retirement with the Postal System 19,311.00 The Postal Thrift Savings Plan 3,721.00 Tyco 401(k) account 4,632.00 Tyco stock 1,148.00 Pfizer stock 810.00 2003 income tax refund 1,115.00 GMAC mortgage escrow refund 2.084.00 TOTAL $ 37,122.00 ASSETS AND VALUES ASSIGNED TO WIFE Net proceeds from the sale of marital residence 41,240.00 (each party received $1,250.00 of the interest earned on the account.) See NT - Page 8 Wife's Member's 0 checking account 218.00 I? Wife's Member's 1st savings account 25.00 TOTAL $ 41,483.00 8 r? Husband Wife Husband Wife 50% of 50% of 50% of 50% of Wife owes husband Husband owes wife Net due husband MARITAL EXPENSE PAID BY HUSBAND $5,627.00 = $2,813.50 $5,627.00 = $2,813.50 MARITAL EXPENSE PAID BY WIFE $446.00 = $ 223.00 $446.00 = $ 223.00 $2,813.50 223.00 $2,590.50 E allocated to husband allocated to wife allocated to husband allocated to wife Wife shall pay to husband from the escrow fund from the sale of the marital residence, the sum of $2,590.50 within ten (10) days of a final order in these proceedings. Wife will retain the 1999 Dodge Durango and Dixie boat; husband will retain the 1998 Chrysler Sebring. Each party will keep the tangible personal property currently in her or his possession free of any claims of the other party. If wife locates any of husband's military memorabilia, she will see that it is delivered to him promptly. If any titles or documents are necessary to be signed to effectuate the transfer of any assets provided herein, the parties will cooperate in signing documents necessary to transfer ownership. 9 Husband will retain his postal retirement free of any claims by wife. ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3701(b) OF THE DOMESTIC RELATIONS CODE When the factors of the Section 3502(a) analysis overlap with the factors in the Section 3701(b) analysis, the analysis under Section 3502(a) is incorporated herein. Additional factors to be considered in the Section 3701(b) analysis determining the nature, amount, duration and manner of payment of alimony are as follows: 4. Neither parry has indicated an expectation of receiving funds or assets from sources other than earnings. Neither party indicated any expectation of inheritances. 11. Neither party brought any property of a significant nature into the marriage. 12. Wife contributed to the family as the caretaker of the children and the household. She testified that 80% of the responsibilities involving the care of the household and the children were hers and husband provided assistance for about 20% of the responsibility. 13. Both parties are working for employers that provide retirement benefits, although husband, because of his enhanced earnings, has a greater opportunity to provide for his needs in the future from his income and accumulation of retirement benefits. The needs of wife will be met through her income and a modest payment of alimony. 14. No testimony was specifically offered to the Master on the factor of marital misconduct of either party. 15. The tax ramifications of alimony for federal tax purposes will be that alimony will be treated as income to wife and as a deduction for husband. 16. Although wife is receiving assets as a result of the distribution herein, because of her lesser income and her responsibilities for the children who are teenagers, the Master believes for a period of time wife should have a continued contribution from husband to maintain a comfortable standard of living. 17. Wife's earnings are through her employment with the Commonwealth of 10 • • Pennsylvania but her income, considering her expenses and responsibilities, is not adequate for her support. DISCUSSION ALIMONY The Master believes that alimony is necessary for wife's continued maintenance and support. The Master has considered the stipulations of the parties, the findings of fact, the analysis of the factors under Section 3701(b) of the Domestic Relations Code and the scheme of equitable distribution as recommended herein. An issue raised in these proceedings by husband is that wife is not earning up to her capacity. After reviewing the testimony, wife's work history was affected by having to follow husband as a result of his moves in the military and having to care for two children. Wife did not have the opportunity to establish a long-term working relationship with any employer. Wife did have a fairly good paying job with Rite Aid, but nevertheless, under the circumstances that wife finds herself in currently and considering her background with employment, the Master finds that wife is earning up to her capacity. The Master also considers that wife does have benefits with her employment which are important to her and the family. In looking over the employment history of wife, the Master believes that the current employment situation that wife is in is probably the most stable circumstance she can find for herself when comparing her current situation with her past employment history. Consequently, the Master does not believe that he should impose any additional earnings on to wife over and above what she is currently earning with the Commonwealth of Pennsylvania. 11 • • One consideration that the Master has mentioned in the course of this report is that wife has her brother living in her household without any remuneration from him for expenses or other costs of maintaining household. Wife did admit that if she rented the room she could probably get $150.00 per month. The Master has considered that wife's brother is a resident of the home, is not paying any rent and is obviously a beneficiary of the expenses that wife is paying to maintain the home for herself and the children. This consideration has been taken into account with regard to the Master's recommendation with respect to alimony. RECOMMENDATION ALIMONY Husband shall pay to wife the sum of $200.00 per month through the Cumberland County Domestic Relations Office to begin upon the entry of a divorce decree in these proceedings. The amount and duration of alimony shall be subject to modification and termination on petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. The Master further recommends, however, that upon the younger child attaining the age of 18 or graduating from high school, whichever occurs later, that the alimony payments which wife is receiving at that time shall be reviewed. 12 • • Specific termination provisions in the Domestic Relations Code will also apply. Respectfully submitted, C46?04??7 E. Robert Elicker, II Divorce Master 13 Aek f l., a 4 DANIEL M. HOUCK, Plaintiff Vs. LISA E. HOUCK, Defendant NOTICE OF FILING OF MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record a the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. Date: 2/25/08 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 1710 CIVIL IN DIVORCE E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the t i • Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) f? r-.? ? ?n ?? .: ? .-?-? ? , n ? ? ??, -? `,:1' -,? ? c ._L: ; ? c? y ..c °- N t R•7 ' A /341Ge ?? "-,/ i -? !mod • ° ? 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Gi ?? ! r t h- c., oe fe- 4%, e as i a I P Yte C' 7?' c> 5`Z- r ?Q l` new j m` 2ll is va /lay c4 i t?' - Paw cZ, G6 h 5?? / ( s?,s? ?' m?33 '? ?°f q 5 9, r7 l 'j M S' t ? J 17 l O-Q-- '7 )7 7/5 ?? ??'r'4r4 / blued 1M-A 5?er?5 ??l mo-??? t ? ??SP. o? ?-,?s? `? s?'?°-?„6?^' ? a? i 'r 171 Lifer ?-,?5 5?? ce 1??f?i? r? c-•?l,$? k7 Dc U' 1 c? ??L?"i 5 ? !? °t ?'L S? ? ?, I ?? E'- ?? SJ V ?' v ? c"?'i`• '°?-'? S _ ?I F e j2 (mss- cZ y?c 6"e 115, vse? rs 77 ?? ?,n 9m v? v-tG,o,;c??e5 1'? /S 'i tlo 54 4- ?? Vtd?1 6 l ?1 ?g-i ` ?4'/??rt? ?J dY/ ,`, . T" 5 ke C, e k I< r PG /L J i s file rn? v c 4 .t --d `!?i e Q??? n s S 4f a? v?4ves,'lj`/Y?d f Y4,+ •?l'?! °c 1? X1.5 C. ?d ? ?Q ?e? 5.? .-n ? e,r- a`?' _ ? ? e ? 1? ?.? l >. ?te ca =..c'r?, ,vcs a,t?? P(s. laK C?,?e-6 c31 +,, e SS e rye eed To• !i1'!er! on ,`n ?1i5 r? p*t `? sue.v? ? r-.e ?Ss?cf a ?er L, 15 T?.?e ???La54c r C._t 4..o4x-r4A s 4, 75 `?ccs ?`?? ? ?,??,- -yo.-r? +? v ?n a ?5 ? 5? Q ?? ?? ?• e?- 5 ?e ?1-'tS °?^ ??+'3-zSs?c?--e ?Q ?i '?? ?-z?? a ?- j ? ? ? l<'c.: c? c? L S 0-7 V<:f ,-7 des f e e -t'e 1-v r? ec??.se 4.is4 --t-55 S ire v . •? q ?.,? ? g re 1_-. h. , /? ,,-?7? sew nt, /'??cs n ?. y ? ?" G? 1/Q ? p?l,?'? y Q-? ? s -?p'? ? /?yc t..s-? i '? -? '4 ?' E'n ? Q ? cg-?-'re,,•, ?n a,?y rs ?'r6,.? na LA". C, !-) Idr? ?., l e wry s `?e r ?-b 5 h4 n4.. u rte- f 7? 9 c n c? L41 i J 4e o7 @ -tT S.e? CeS -t,. ?`? c?Vr 4??•-%S .:.c a? ?SS?`?S `?' ?Q L?o? 1? ?? fiy'??( a-•) ?t?t`' ? 5 tom,, r J-i 17 ey -R cr.2 h?C, 141/' ,.1 s QU? ` Q . e h'1 h Q "T ?? ?2`2 +17 C?' s..;?7 :e a ill ,C="` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DANIEL M. HOUCK Plaintiff VERSUS LISA E. HOUCK Defendant No. 04-1710 CIVIL DECREE IN DIVORCE AND NOW, 2008 IT IS ORDERED AND DECREED THAT DANIEL M. HOUCK PLAINTIFF, AND LISA E. HOUCK ARE DIVORCED FROM THE BONDS OF MATRIMONY. , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE COURT: ATTES7/1 PROTHONOTARY 367, 17 - I ,3a, /, Z9 DANIEL M. HOUCK, Plaintiff/Petitioner VS. LISA E. HOUCK, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1710 CIVIL IN RE: ALIMONY AND NOW, this SUPPLEMENTAL DECREE Y" day of June, 2008, in accordance with the recommendation of the Divorce Master in this case, it is ordered and directed that the husband shall pay to the wife the sum of $200.00 per month through the Cumberland County Domestic Relations Office to begin upon the entry of a divorce decree in these proceedings. The amount and duration of alimony shall be subject to modification and termination on petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. Upon the younger child of the parties attaining the age of eighteen (18) or graduating from high school, the alimony payments which the wife is receiving at that time shall be reviewed. BY THE COURT, "'? -'41' Kevi . Hess, J. Z Daniel Houck, Pro Se Plaintiff Dale F. Shughart, Jr., Esquire For the Defendant E. Robert Elicker, Esquire Master 7 M ?1; LCL &./41/08 LZI -=f 17, DANIEL M. HOUCK, Plaintiff/Petitioner vs. LISA E. HOUCK, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.04-1710 CIVIL IN RE: PLAINTIFF'S EXCEPTIONS TO MASTER'S REPORT ORDER AND NOW, this y ` day of June, 2008, the court being satisfied that the Master has correctly and ably resolved the issues of fact and law in this case, the exceptions of the plaintiff to the Master's Report are DISMISSED. A decree in divorce and supplemental decrees are entered of even date herewith. BY THE COURT, Daniel Houck, Pro Se 305 West Green Street Shiremanstown, PA 17011 Dale F. Shughart, Jr., Esquire For the Defendant -,"'E. Robert Elicker, II, Esquire Master :rlm 0-T es" M 5 1 6(- t.. f _ ?' ? f?? -.? ?? ? --? .?" DANIEL M. HOUCK, Plaintiff/Petitioner LISA E. HOUCK, Defendant/Respondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1710 CIVIL IN RE: EQUITABLE DISTRIBUTION SUPPLEMENTAL DECREE AND NOW, this y ` day of June, 2008, in accordance with the recommendation of the Master, it is ordered and directed that the following assets and values shall be assigned to the husband: Husband's Members 1St checking account $ 2,196.00 Husband's Members 1St savings account $ 2,105.00 Husband's retirement with the Postal System $19,311.00 The Postal Thrift Savings Plan $ 3,721.00 Tyco 401(k) account $ 4,632.00 Tyco Stock $ 1,148.00 Pfizer Stock $ 810.00 2003 income tax refund $ 1,115.00 GMAC mortgage escrow refund 2,084.00 TOTAL $ 37,122.00 The following assets and values are herewith assigned to the wife: Net proceeds from the sale of marital residence (each party received $1,250.00 of the interest earned on the account) $ 41,240.00 Wife's Members 1" checking account $ 218.00 Wife's Members 1" savings account 25.00 TOTAL $ 41,483.00 It is further ordered and directed that, on account of marital expenses paid by the parties, the wife shall pay to husband from the escrow funds from the sale of the marital residence, the sum of $2,590.50 within ten (10) days of a final order in these proceedings. The wife will retain the 1999 Dodge Durango and Dixie boat; the husband will retain the 1998 Chrysler Sebring. Each party will keep the tangible personal property currently in his or her possession free of any claims of the other party. If the wife locates any of husband's military memorabilia, she will see that it is delivered to him promptly. If any titles or documents are necessary to be signed to effectuate the transfer of any assets provided herein, the parties will cooperate in signing documents necessary to transfer ownership. The husband will retain his postal retirement free of any claims by wife. BY THE COURT, Daniel Houck, Pro Se Plaintiff Hess, J. Dale F. Shughart, Jr., Esquire For the Defendant `--'E. Robert Elicker, Esquire Master nn t Cafl'BS rn? [ C£c LlVIee -tz - ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND 816106326 903110312 Date of Order/Notice 09/09/08 306 S 2004 4-1710 CIVIL Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number UNITED STATES POSTAL SERVICE* C/O INVOLUNTARY DEDUCTION CTR ACCOUNTING SERVICE CTR 2825 LONE OAK PKWY KAGAN MN 55121-1551 171-58-2951 Employee/Obligor's Social Security Number 6217101313 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 requireAto deduct these amounts from the above-named employee'slobligor's income until further notice even if?tk> Order/%tice is not issued by your State. m? $ 100.35 per month in current child support - M $ o.00 per month in past-due child support Arrears 12 weeks or greatpiRS o es Q no $ 0.00 per month in current medical support $ o.oo per month in past-due medical support $ 200.00 per month in current spousal support $ 0.00 per month in past-due spousal support Z- 0.00 $ per month for genetic test costs c $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 300.35 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: $ 70.00 per weekly pay period. $ 150.18 per semimonthly pay period (twice a month) $ 140.00 per biweekly pay period (every two weeks) $ 300.35 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 Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY / BY THE COURT: SFP 10 2008 A. Hess, Judge Service Type M OMB No.: 0970-0154 OOriginal Order/Notice @Amended Order/Notice OTerminate Order/Notice (DOne-Time Lump Sum/Notice RE:HOUCK, DANIEL M. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to provide a opy of this form to your em loyee. If yo r employee works in a state that is dierent from the state that issued this o er, a copy must be providedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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 paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 4107600000 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:HOUCK, DANIEL M. EMPLOYEE'S CASE IDENTIFIER: 6217101313 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any 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: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 097"154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOUCK, DANIEL M. JESSICA NICOLE HOUCK 08/16/92 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number 903110312 Plaintiff Name LISA E. HOUCK Docket Attachment Amount 04-1710 CIVIL$ 200.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID $IATT Z .? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER Sr, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: DANIEL M. HOUCK Member ID Number: 6217101313 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 LISA E HOUCK LISA E. . HOUCK PACSES Case Number 816106326 903110312 Atta chment AmouWFrcaue cy $$ 200.00 MONTH $ / N $ O ° a o 3 -n / r-ce, n r -0 rrl TOTAL ATTACHMENT AMOUNT: $ t?', 3s s D zy ._ Now, by Order of this Court, the Department of Labor and Industry, Bureau of U loymeab per week, or 55 . o %, of the Unemployment Compensation benefits otherwise payable t/ o' the Defendant, DANIEL M. HOUCK Social Security Number xxx-xx-2951 , Member ID Number 6217101313 . 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 Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $`bp9 . i2 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 BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated AUGUST 19, 2 0 01 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. SEr 10 2008 Docket BY THE COURT Date of Order: Kevin A. Hess. JUDGE r 00306 S 2004 $ 100.35 /MONTH 04-1710 CIVIL Form EN-034 Rev. I Service Type M Worker ID $ IATT a? ?- G ? ? jS ?,+^?' ( ?"j ,,XFy( ? ,?yi" ^JCf ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of C MERLAND Date of Order/Notice 03/17/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number UNITED STATES POSTAL SERVICE* C/O INVOLUNTARY DEDUCTION CTR ACCOUNTING SERVICE CTR 2825 LONE OAK PKWY EAGAN MN 55121-1551 171-58-x951 Employee/Obligor's Social Security Number 6217101313 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. $ 100.35 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? (Dyes 0 no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 200.00 per month in current spousal support $ o. oo per month in past-due spousal support $ 0. g.0 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 300.35 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: $ 69.31 _ per weekly pay period. $ 150.17 per semimonthly pay period $ 138.62 _ per biweekly pay period (every two weeks) $ 300.35 (twice a month) y p y ry 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. g 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 /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: J ?. 1?-- DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 816106326 306 S 2004 04-1710 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice (Done-Time Lump Sum/Notice RE:HOUCK, DANIEL M. Employee/Obligor's Name (Last, First, MI) A. Hess, Judge Form EN-028 Rev. 4 Worker ID 21205 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS 946' ecke?l you are required to prpvi?ie aopy of this form to your mployee. If yorr employee wt orks in a state that is rent from the state that issued this o er, a copy must be provi?edto your employee even if t he box is not c hecked ed 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 4107600000 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:HOUCK, DANIEL M. EMPLOYEE'S CASE IDENTIFIER: 6217101313 DATE OF SEPARATION LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any 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 greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 097MI54 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HOUCK, DANIEL M. PACSES Case Number 816106326 Plaintiff Name LISA E. HOUCK Docket Attachment Amount 00306 S 2004 $ 100.35 Child(ren)'s Name(s): DOB JESSICA NICOLE HOUCK 08/16/92 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 Service Type M Addendum OMB No.: 0970.0154 PACKS Case Number 903110312 Plaintiff Name LISA E. HOUCK Docket Attachment Amount 04-1710 CIVIL$ 200.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker ID 21205 ?_ s, ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/DISt.Of CUMBERLAND Date of Order/Notice os/17/l0 816106326 Case Number (See Addendum for case summary) 306 S 2004 Employer/Withholder's Federal EIN Number UNITED STATES POSTAL SERVICE* RE: HOUCK, DANIEL M. Sent Electronically DO NOT MAIL 04-1710 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, Mp 171-58-2951 Employee/Obligor's Social Security Number 6217101313 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Qyes ®no $ o . oo per month in current medical support n $ o.oo per month in past-due medical support ~ c, `i7 $ aoo. oo per month in current s ousal su ort -ta1::, P PP r-r, ~ ; ;,~, r_ $ o . oo per month in past-due spousal support- :;; --< <'~r-~--- $ o . o o per month for genetic test costs ~ 3 ~-_ ~ -~~f $ o . oo per month in other (specify) _~ ~' '- _ ~ ': $ one-time lump sum payment ~> ~` ~ -F' ' ~- ~:.. . _-: -~, for a total of $ 200.00 per month to be forwarded to payee below. y.„ ,:~ c• You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does n'8~ match the ordered support payment cycle, use the following to determine how much to withhold: $ 46.03 Per weekly pay period. $ ioo . oo per semimonthly pay period (twice a month). $ 92.05 per biweekly pay period (every two weeks). $ 200.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER 1N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVIN A HESS Form EN-428 Rev.1 Service Type M OMBNO.:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If hecke~ you are required. to provide a copy of this form to your m loyee. If yo r employee works in a state that is di~ferent from the state that issued this order, a copy must be provi~edpto your emp~oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 410600000 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S NAME:HOUCK, DANIEL M. EMPLOYEE'S CASE IDENTIFIER: 6217101313 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligorfyom employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (1 5 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 respell 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 Service Type M 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 OMB No.: 0970.0154 Form EN-428 Rev.1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HoUCx, DANIEL M. PACSES Case Number 903110312 PACSES Case Number Plaintiff Name Plaintiff Name LISA E. HOUCK Docket Attachment Amount Docket Attachment Amount 04-1710 CIVIL$ 200.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff 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 OMB No.: 0970A754 PACSES Case Number Plaintiff 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 Form EN-428 Rev.1 Worker I D $ IATT DANIEL M. HOUCK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE C--) NO. 04-1710 CIVIL TERM ' - --? -urns LISA E. HOUCK, IN DIVORCE tnr -<> -- rv p Defendant/Petitioner PACSES CASE: 903110312 r-x C:) ? CDM ORDER OF COURT 7 AND NOW to wit, this 12th day of October, 2010, it is hereby Ordered that the Domestic Relations Section dismiss their interest in the Alimony matter, pursuant to the parties' agreement to suspend the Alimony obligation until the parties' youngest child has completed his secondary education. The Alimony account is suspended effective October 1, 2010 with no balance owed to the Petitioner. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Albert H. Masland, J. DRO: R.J. Shadday xc: Petitioner Respondent Form OE-001 Service Type: M Worker: 21005 /o/ i a / /b S /o /i?1fv ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/DISt.Of CUMBERLAND Date of Order/Notice to/i2/io Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number UNITED STATES POSTAL SERVICE* 04-1710 CIVIL O Original Order/Notice OAmended Order/Notice O Terminate Order/Notice QOne-Time Lump Sum/Notice RE: HOUCK, DANIEL M. Employee/Obligor's Name (Last, First, MI) Seat Electronically DO NOT MAIL 171-58-2951 Employee/Obligor's Social Security Number 6217101313 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachmenU Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greaten' ies ~ rr~ $ o. oo per month in current medical support °v=?: c+ --i $ o.oo per month in past-due medical support ~~ ~ ~~ $ o . oo per month in current spousal support ~~«°-~ "t zarn $ o . oo per month in past-due spousal support ~~ ,~. $ o. oo per month for genetic test costs ~~ ~o $ o . o o per month i n other (specify) =r'' c-3 ~ ~ ~ $ one-time lump sum payment ~~ ~ `~ ,~ - for a total of $ 0.00 per month to be forwarded to payee below. --, :~~; ~a _,- You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . oo Per weekly pay period. $ o . oo per semimonthly pay period (twice a month). $ o . oo per biweekly pay period (every two weeks). $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven {7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic aayment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER 1N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVI N A HESS DRO: R.J. Shadday Form EN-428 Rev.1 Service Type M OMB No.:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If ~hecke~l you are required. to provide a~opy of this form to your~employee. If yorr employee orks in a state thalkis di Brent rom the state that issued this or er, a copy must be provi edd to your emp ogee even if tie box is not chec ed i . 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%bligor'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%bligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this empioyeelobligoranct 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%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 410'7600000 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S NAME:HOUCK, DANIEL M. EMPLOYEE'S CASE IDENTIFIER: 6217101313 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: b. 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%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligorfrorn employment, refusing to employ, or taking disciplinary action against any employee%bligorbBcause of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. 60X 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 (71 ~ 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-428 Rev.1 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment DefendandObligor: HOUCK, DANIEL M. PACSES Case Number 903110312 Plaintiff Name LISA E. HOUCK Docket Attachment Amount 04-1710 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff 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 Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff 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 Form EN-428 Rev.1 Worker ID $IATT