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HomeMy WebLinkAbout04-2026 LISA M, BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, CNIL ACTION - LAW NO, ('>4 -~:lL.. C;vil ~~ v. JAMES R BRANDT, IN DNORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS TO: James R Brandt 65 Big Spring Terrace Newville,PA 17241 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary 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 A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 302859,1 LISA M. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, CNIL ACTION - LAW v, NO. 0'1. ,20.21, JAMES R. BRANDT, IN DNORCE Defendant DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Lisa M. Brandt currently residing at the James Wilson Safe House, 102 West High Street, Carlisle, Cumberland County, Pennsylvania, 17013, with a mailing address of P. 0, Box 49, New Kingston, Pennsylvania. 2. Defendant is currently residing at 65 Big Spring Terrace, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 10, 1990 in Adams County, Pennsylvania, 5, Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 302859, I 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there were no children born of this marriage under the age of eighteen (18). COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The averments of Paragraphs I through 8 hereof are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. II. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service ofthis Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to 9 330 I (c) of the Divorce Code, 302859-1 COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 12, The averments of Paragraphs 1 through 11 hereof are incorporated herein by reference. 13. The marriage ofthe parties is irretrievably broken. 14. The parties are living separate and apart; and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in g 330l(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to g 330l(d) of the Divorce Code. COUNT III EOUlT ABLE DISTRIBUTION 15. The averments of Paragraphs 1 through 14 hereof are incorporated herein by reference. 16. During the marriage the parties acquired marital property, assets and debts which Plaintiff requests the court equitably distribute and assign. COUNT IV SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE 17, The averments of Paragraphs 1 through 16 hereof are incorporated herein by reference. 302859,1 18, Plaintiff requires reasonable support and/or alimony pendente lite to adequately sustain herself within the standard ofliving established during the marriage and to properly and adequately maintain the within action for divorce. WHEREFORE, Plaintiff requests that this Court enter a decree in divorce, enter an Order equitably distributing marital property, award Plaintiff support, alimony, and alimony pendente lite, and enter any such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By ~ Andrew C. Speal-s, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: t.-1-~)-{)1 302859, I VERIFICATION I, Lisa M, Brandt, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities, l\" 6l. --rJ fU -.1,;10 ~ '''' Id/lAA~U Lisa M, Brandt Date: ~ 1&/;106<( 302859, I i;:) (") t*-'i , "-.J ~ s~ ~ () ~r ~ ~ o ~..o . y () dOc" J C' <> \ ~N 1~ r- ~ (] ,,:> ,.."_ <::.~'~'l <;;.'..;:) 0 < .J::;"" -11 -.." .,. ::,:::! ~~ hlFJ I iTl (Jl ;:-:} g ~. ~;< _...: .. l ~_fl I. ,: :- (,~, . (.,,) .-~i :il :J ~.' .- I . <..-." iiJ 01 --< LISA M, BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION - LAW JAMES R. BRANDT, NO. 64 - ;1/};:>(. IN DIVORCE Ciu~L'-r'^-t v. Defendant PROPOSED ORDER AND NOW, this _ day of , 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, IT IS HEREBY ORDERED that the parties and their respective counsel before on at for a conference, after which the Conference Officer may recommend that an Order for Alimony Pendente Lite be entered. IT IS FURTHER ORDERED to bring to the conference: I. A true copy of your most recent federal income tax return, including W-2s as filed; 2. Your pay stubs for the preceding six (6) months; , 3. The income Expense Statement attached to this Order, completed as requir~d by Rule 1910.11, Subparagraph C; 4. Verification of child care expenses; and 5, Proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or to bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT Date: 302889-1 LISA M. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffi'Petitioner, v, CIVIL ACTION - LAW NO. CII- J.r,J l.. CICJi.L~~ JAMES R. BRANDT, IN DIVORCE Defendant/Respondent PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE LISA M. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffi'Peti tioner, v. CIVIL ACTION - LAW NO. tj.J-~;> (,. CICJ~L'-r~ JAMES R. BRANDT, IN DIVORCE DefendantJRespondent PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE I, Petitioner, Lisa M. Brandt, is the Plaintiff in the above referenced divorce action which was filed simultaneously with this Petition. 2, Petitioner included a Petition for Alimony Pendente Lite (APL) in the Complaint in Divorce when filed. 3. Petitioner requires reasonable support and/or APL to adequately sustain herself within the standard ofliving established during them marriage and to properly and adequately maintain the within action for divorce. 4. Petitioner seeks APL effective the date the claim was filed in the Complaint in Divorce. WHEREFORE, Petitioner requests that this Court enter an Order awarding alimony pendente lite in this matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~ Dated: C{(~Z )o~ Andrew C Spears, Esquire Attorney LD, No. 87737 Harrisburg, PA 17110-0300, P. O. Box 5300 (717) 238-8187 Attorneys for Plaintiff 302889, I . VERIFICATION I, Lisa M. Brandt, hereby certifY that the facts set forth in the foregoing Plaintiff's Petition for Alimony Pendente Lite are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S,A. 94904 relating to unsworn falsification to authorities. Q ~~ < 7JzztM./-r Lisa M. Brandt IJJI-Ot./ Date: t 1 302889, I . LISA M. BRANDT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION - LAW v. NO, JAMES R. BRANDT, IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P,C., hereby certify that I served a true and correct copy of Plaintiff's Petition for Alimony Pendente Lite with reference to the foregoing action by first class mail, postage prepaid, this J.,j,~y of ~ ,2004, on the following: James R Brandt 65 Big Spring Terrace Newville, PA 17241 ~ Andrew C. Spears 302889,[ T (') C ~: ~ --< ...., C:1 c..~ -"" ::r. I (..Ii C) C~_l ct'. C"j -on =-~ III () ,', -\, '; ,;\ LISA M. BRANDT, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE JAMES R. BRANDT, Defendant/Respondent NO. 2004-2026 CIVIL TERM IN DIVORCE Pacses# 28710639'1 ORDER OF COURT AND NOW, this Il'h day of May. 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ, Shaddav on June 2.2004 at 10:30 A.M. for a conference, at 13 N, Hanover St., Carlisle, P A 17013, after which the conference officer may reconunend that an Order for Alimony Pendente Lite be entered, NOTE: This conference will coincide with the conference previously scheduled for PACSES # 327106320. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910,11 <D (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E, Hoffer, President Judge Mail copies on 5-11-04 to: < Petitioner Respondent Andrew Spears, Esquire Harold Irwin, Esquire Date of Order: Mav II. 2004 -rJ 1. 41..+-... J~ f\~ Flday, Conference Offic~a YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE, CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 :,'~ ~:1' (,'"'1:,;::: 'i)!\)V;\lASNN:ld )J.Nn~" " ", "".'^'n'"' I ~t)} ,.''' :~:::.::dn J Z1']:8 Wd II ml~ooz Ab'V1Oi\'OH10lid 3H1 :10 3:JI:HO-G3l1:J LISA M. BRANDT, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE JAMES R. BRANDT, DefendantlRespondent NO. 2004-2026 CIVIL TERM IN DIVORCE Pacses# 287106391 ORDER OF COURT AND NOW, this 2nd day of June, 2004, based upon the Court's df:tennination that Petitioner's monthly net income/earning capacity is $1,085.80 and Respondent's monthly net income/earning capacity is $1,979.51, it is hereby Ordered that the Respondent pOly to the Pennsylvania State Collection and Disbursement Unit, $238.34 per month payable weekly as follows; $50.00 for alimony pendente lite and $5,00 on arrears. First payment due next pay dOlte at $55.00 per week. Arrears set at $216.67 as of June 2, 2004, The effective date of the order is May 5, 2004. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa,C.S.;l 3703, Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Lisa M. Brandt. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PA SCDU P.O, Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250,00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage, Within thirty (30) days after the entry of this order, the Petitioner shall submit written proofthat medical insurance coverage has been obtained or that application for coverage has be(:n made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms, This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Jl tt1<6' %. 13/1A?v d Plaintiff/Petitioner rl~~~~~ efendant/Respondent --P etiltio~ttomey DRO: R, j, Shadday /' ;;.,ai ed co ies on c.p/d ,. to: < ~' BY THE COURT, Petitioner Respondent Andrew Spears, Esquire Harold Irwin, Esquire ~'1~ fu J. W<ill" Olcr, k ' J, '. "", f'- .;::'.! r-!t:.', ci o ~~~; ,..., c:.:.) ~ <- s; "',,- I W f.::) .r;- .,:-- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist of CUMBERLAND Date of Order/Notice 06/02/04 Tribunal/Case Number (See Addendum for case summary) RE: BRANDT, JA/1ES R. Employee/Obligor's Name (Last, First, Mil @Original Order/Notice o Amended Order/Notice o Terminate OrderINotice EmployerMithholder's Federal EIN Number PRIORITY TRANSPORTATION 6070 COLLETT RD FARMINGTON NY 14425-9531 '.10J-lI ))d, c?o()tj-~ ti1nG P4t!~fs" ;),016& ~ 9/ 202-50-6966 Employee/Obligor's Social Security Number 9137101318 Employee/Obligor's Case Identifier (See Aclckndum for plaintiH names associated with cases on attachment) Custodial Parent's Name (Last, First, MO See Addendum for dependent names and birth dates associatEd with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not issued by your State. $ 216.67 per month in current support $ 0 . 00 per month in past-due support $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) , .CJ for a total of $ 216.67 per month to be forwarded to payee below. ::':c:;:.~ 2: ,"i',T\\ ~ You do not have to vary your pay cycle to be in compliance with the suppol1 order. If yoyrJ;l& cycle does not match the ordered support payment cycle, use the following to determine how much to withhold::oo cP $ 50.00 per weekly pay period,~i'?,3 y. $ 100,00 per biweekly pay period (every two weeks). ::C ~ $ 108.34 per semimonthly pay period (twice a month). c:::' :.':',r::> $ 216.67 per monthly pay period. _<:c <.f> 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 paydateldate 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 S5% of the employee's! obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). Arrears 1 2 weeks or greater? Oyes @ no .-> c:? ~ 9 N cr- If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDUl Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Ob/igor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~m ~I'~~~c,\ ~~,__,.w')c'llY THE COURT: {; 70 / / / Date of Order: JUN - 3 200~. ~\- -Sc.Cf Service Type M OMS No.: 0970-015 ~ Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to prpvide a ,opy of this form to your ~mploYE"'. If yo~r employee 'Yorks in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1, We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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 Federalllax levies in effect please contact the requesting agency listed below. 3. 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. 4. * RGpul1jj'5 tLf rayd(J.telDat~ of'IJ:LLLoldillg. YOtl 111m! .cpo.t tile pAydat~'dal~ of vviltl.l.old;lIg ovLCI. kl,d;lIg ti,e p~yllr~lIt. Tlie paydate'datG of u:lI,I,oIJij,g is ti,e dAl't; 0.. nl,;c1, An16L..lIt naS nah/'~Id (,viII Un::; ewploye<.'& nagb. 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 fO/ward the support payments, 5.' 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 #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S ID: 5824266960 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: BRANDT. JAMES R, 9137101318 DATE OF SEf'ARATION: 7. 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. 8, 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. 9, 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, 10.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S,C ~1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment The Federal limit applies to the aggregate disposable weekly eamings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at 1717) 240-6225 or by FAX at (7171 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT OMS No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRANDT, JAMES R. PACSES Case Number 287106391 Plaintiff Name LISA M, BRANDT Docket Attachment Amount 04=2026 CIVIL $ 216.67 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee'sJobligor's employment. PACSES Case Number Plaintiff Name PACSES Case l'-lumber Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s t,ame(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s r,ame(s): DOB '" "'" " "" .", -" ,.,., "-""",, """""",.".""""."."" ;'"';',-,",""',-"'".',-,'",,,:,,-,.,-,:,,,,',',',,,"""',,,', ,',.,',H..,', ,,', """,'-,',',',",-'.' ",'.'.'.'.'....,'.'. .,.::.:-'-...-,,,,,,,-,,,,,,-,.,,,,-,,,-,.,-,,,.,,-.,-,,,,. ,..-..-..-.-,.-...-....-.. ...-....-..-.....-...-......-..'.-..-..-..-."..'.."..."."'.'.' " ".."........ o If checked, you are required to enroll the child(~en) identified above in any health insurance coverage available through the employee'sJobligor's employment. o If checked,. you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment Addendum Form EN-028 Worker 10 $IATT Service Type M OMB No.: 0970-0154 o ~ '""-.~ "-ofil n,'l+: ~.;;t--- <:7j"" -<., c;.: -- ~( -u 5i' c.:=. ~ -'j-i-i,_;_,-. ,.., = = .s:- <- S - o -n ~,-n n;= -0. rT!6 '0 OJ -.j 4"; :J__,-, 0,5 zrn o ~;:-2 ":.\1 '-<: o -0 X ~ W -.I ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist of CUMBERLAND Date of Order/Notice 06/07/04 Tribunal/Case Number (See Addendum for case summary) RE: BRANDT, JAMES R. Employee/Obligor's Name (last, First, MI) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice EmployerAvithholder's Federal EIN Number PRIORITY TRANSPORTATION 6070 COLLETT RD FARMINGTON NY 14425-9531 ))J!/ dOolj - ;;.tJ~; (J I LI/L 1Jk!~'l<:" <29"7/D&,'3.91 202-50-6966 Employee/Obligor's Social Security Number 9137101318 Employee/Obligor's Case Identifier (See Addendum for plaintiff name. 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 INFORMA TlON: 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'sfobligor's income until further notice even if the Order/Notice is not issued by your State. $ 216.67 per month in current support $ 21 . 67 per month in past-due support Arrealrs 12 weeks or greater? 0 yes @ no $ 0 . 00 per month in medical support $ 0 . 00 per month for geneti c test costs $ per month in other (specify) for a total of $ 238.34 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: $ 55.00 per weekly pay period. $ 110.00 per biweekly pay period (every two weeks), $ 119.17 per semimonthly pay period (twice a month). $ 238.34 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'sf obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg, 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-B77-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case IdentifierLOR S.QqALSECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ';"'.("0 .......~..'I"'.'.. . ... . '. li:0.t::(b.tJl~BY-TH_E COU n: Date of Order: JUN - 8 200+ / Service Type M OMB No.: 097().()1 JV C Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS Aii/O OTHER WITHHOLDERS o If checked you are required to provide a !'opy of this form to your employee, If Your employee works in a state that is different from the state that issued this order, a copy must be provided to your emptoyee even if the box is not checked. 1, We appreciate the voluntary compliance of Federaliy recognized Indian tribes, tribaliy-owned bUSinesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice, 2. Priority: Withholding under this Order/Notice has priority OVer any other legai process under State law against the same income, Federal tax levies in effect before receipt of this order have priority, If there are Fed'.ral tax leVies in effect please contact the requesting agency listed below, 3. 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, 4. ',:n~~:;~ ~h~.~~~~i:t:~~~~ ~:;::;~':~'~;;,'t ~~~ ","" ,cpo',! t/,c p.,adte'dallo Oi;'~:'.~'~:~g "1,,,, !tHdi"" tl,c P"":~I't. Tin' ' u.1 I I I, "O~ec'''.od. You must comply w,th 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, 5, ' 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 ali support Order/Notices due to Federal or State withholding limits. yOU must foliow the law of the state of employee's/obligor'S principal place of employment. You must honor ali Orders/Notices to the greatest extent possible. (See #10 below) 6, Termination Notification: You must promptly notify the Requesting Agency when the emplOYee/obligor is no longer working for you. Please provide the information requested and retum a copy of this Order/Notice to the Agency identified below, WITHHOLDER'S 10: 5824266960 EMPLOYEE'S/08L1GOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: BRlINDT, JAMES R. 9137101318 DATE OF SI'PARATlON: 7, 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. 8. 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 Stelte law. Pennsylvania State law governs unless the obligor is emplOYed in another State, in which case the law of the State in which he 01' she is employed governs. 9, Antkliscrimination: 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 ofa support withholding, Pennsylvania State law govems unless the obligor is emplOYed in another State, in which case the law of the State in which he or she is emplOYed govems, 10.' Withholding Limits: You may not Withhold more than the lesser of: 1) the amounts aliowed by the Federal Consumer Credit Protection Act (15 U.S,c. 91673 (b)l; or 2) the amounts aliowed by the State of the employee's/obligor'S prinCipal place of employment. The Federal limit applies to the aggregate disposable weekly eamings (ADWEJ. ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; SOCial Security taxes; and Medicare taxes. 11. 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 fol/ow the law of the state that issued this order with respect to these items. Submitted By: ~OMESTlC 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 {71?J 240-6225 or by FAX at i71 7l 24Q:624R Or by internet WWW.childsuPport.state.pa.us Service Type M Page 2 of 2 OMS No.: 0970-0154 Form EN-028 Worker 10 $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRANDT, JAMES R, PACSES Case Number 287106391 Plaintiff Name LISA M. BRANDT Docket Attachment Amount 04=2ii26 CIVIL $ 238,34 Child(ren)'s Name(s): DOB b Ifchecked, you are required to enroil the Child(ren) identified above in any health insurance coverage avaiiable through the employee'slobligor'S employment PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroil the child(ren) in any health insurance Coverage available employee'slobligor's employment PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Chiid(ren)'s Name(s): DOB :-"':--":"""""""""""""""''''''''''''-'""-'...-:,-"-"""-",-.",-.,,,,'0,,'0,.'0,.,,,,-,"_"'_','.._,',_,',,,... .......-................... '""'.'-.' .'.'."....""'..."."..,.,........-. .. ..'.,.,., .."....,............,.,.....",...,.,.,.,..,......,.........""'" .......................,........................ .........-..-..-..-.......-........ ",-'.-'.'-"- o If checked. you are required to enroil the chiid(ren) identified above in any health insurance Coverage available through the employee'slobligor's employment Service Type M Addendum OMS No.: 0970.0154 PACSES Case Number Plaintiff ~~ame Dock'1 Attachment Amount $ 0.00 Chi/d(ren)'s Name(s): DOB yOU are required to enroll the chi/d(ren) in any health insurance coverage avai/able employee'slobligor's employment. PACSES Case Number Plaintiff Nanrg Docket Attachment Amount $ 0.00 Chi/d(ren)', Name(s): DOB you are required to enroll the chi/d(ren) in any health insurance Coverage available employee'slobligor'S employment. PACSES Case ~Iumber Plaintiff Name ~ Docket Attachment Amount $ 0.00 Chi/d(ren)'s Name(s): DOB -, , ", '" ._, "'. "" '-'", . "'.. . ,. .- "'., "',.- ,-" ",-, ..............,;;'.',.'.'.;:,...:::,.....,'.,....,'.,....,',.....':....:.,...";....:-;'.....,'...'.,.;'.',>....',..'....::.'.,"........::'...........,.,......,'.:..,.:-.-::,"...........::.,'.:-::'....,.,'..-:.;. '-"" ,"-, ............ .................... ..... ". .... .......... ............................. ............... '.' .' ........... '.' - --, Oif ch~~k;.d.y~u are;.;;~uir~dt~~nr~lit"~~,,ild(;.;;~) identified above ill any health insurance coverage available through the employee's/obligor's employment. Form EN-02B Worker ID $IATT ..;~ r-! rOt e cJ 'L _. r-.:> c;::) \~ ~ '- r~ - - ... J;,- ~ ~~ "" lTI~ 5 "". Tc-n 0- zQ ,.-')\.. ;;::"-\ 'j.;" ~ -0 ::I~ ~? "" ~ F: IFILES\DA T AFILElGeneral\Current\ I 1371. 11 praecipe Created: 9/20/04 0'06PM Revised: 11/4/04 10 45AM Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA M. BRANDT, v. NO. 04-2026 CIVIL ACTION - LAW JAMES R. BRANDT, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdrawal the appearance of Metzger Wickersham Knauss & Erb on behalf of Plaintiff in the above matter. METZGER WICKERSHAM KNAUSS & ERB By: V-- Andrew C. Spears, Esquire J.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PAl 711 0 (717) 238-8187 Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Plaintiff in the above matter. Date: November y' , 2004 MARTS ON DEARDORFF WILLIAMS & OTTO BYJe~~uue J.D. No. 87445 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckemoad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Karl A. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO 0ilu1o_ If) ~/~ ~/D. Eckemoad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: November -$-,2004 , q t--..) 0 c..:::;) r.o <::"J -n .J;- ~. ::f:! '. : j ~ ,I , 0 i-j -r. ....:::: l p= .< IT! , \-, C) \. ) y' iU -n i.1~ c -."'.. ( ; :; ,"II .~~;'''' ;: ,;- :~":l ...::::- r,. ...._,J ~~r] -, Co.) .~~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of pennsylvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 11/23/04 Tribunal/Case Number (See Addendum for case summary) RE: BRANDT, JAl-tES R, Employee/Obligor's Name (Last, First, Mil o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice Employer/Withholder's Federal EIN Number PRIORITY TRANSPORTATION LLC PO BOX 2198 CHESTERTON IN 46304-0298 W Olf)lJI/ - ~Xt o.~1/ PIf(!~f.S ::I.g7/0&~ 91 202-50-6966 Employee/Obligor's Social Security Number 9137101318 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 INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's!obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes (X) no $ 0.00 per month in medical support $ 0,00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below, You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0,00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0,00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing tlhe 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisbulrg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED, DO NOT SEND CASH BY MAIL, Date of Order: ~"" ,;l f-.. '.\ 7~~~~~~.1~.'~- ~.u, ",,~, BY THE . .I rJ?f~fi!t---~,,- HUV 2 4 2DO~ J:. Service Type M OMB No,: 0970-0154 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a ~opy of this form to your employee. If YOt,u employee works in a state that is difterentfrom the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. 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. 4. * Reporting the Pa ydate/Date of 'Nithhold ing. You must report the pa ydate/date of vv ithholding .. hen sel,d ing the payment. The paydateldate of vvithholding is the date on vvhich an,ount vvas vvitkheld from the employee's vvages. You must comply with the law ofthe 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 fOlWard the support payments. 5. * 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 #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 5824266960 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: BRANDT, JAMES R, 9137101318 DATE OF SEPARATION: 7. 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. 8. 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. 9. 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. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b) 1 ; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at [717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No,; 0970-0154 (") c: -z... ~fr f4g: ,~ ~S - c~ ~-~ :::1 -< ~ L. .2 r-l !.~.! f~ c:~ ~ Ul ...... .~- .......... "-> ~ C;:;.:) ..J;;.- ::t= C:> ""'"7 W o -0 -,.. -. ~ :-of :r.,., 111-__ "1::JFn :00 0.1 :::;:i~i') ?):!J ;Z"p :,5,n ~-I :.0 -< ORDER/NOTICE TO WITHHOLD INCOME FOI~ SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/23/04 Tribunal/Case Number (See Addendum for case summary) @ Original OrderlNotice o Amended Order/Notice o Terminate Order/Notice ~d. ;zoO'!- ;?O;}.{, ~ 1/ )'MSfS ~8'7/o~z91 RE: BRANDT, Jll.MES R. Employee/Obligor's Name (Last, First, MI) 202-50-6966 Employee/Obligor's Social Security Number 9137101318 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) Employer/Withholder's Federal EIN Number KNIGHT TRANSPORTATION INC 5601 W BUCKEYE RD PHOENIX AZ 85043-4603 See Addendum for dependent names and birth dates associatEad with cases on attachment, ORDER INFORMA TlON: 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'sfobligor's income until further notice even if the Order/Notice is not issued by your State. $ 216,67 per month in current support $ 21. 67 per month in past-due support Arrears 12 weeks or greater? Oyes (X) no $ 0.00 per month in medical support $ 0 , 00 per month for genetic test costs $ per month in other (specify) for a total of $ 238.34 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: $ 55,00 per weekly pay period. $ 110,00 per biweekly pay period (every two weeks). $ 119.17 per semimonthly pay period (twice a month). $ 238.34 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 paydateJdate 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'sf obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU , P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier)OR SQCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED, DO NOT SEND CASH BY MAIL. ' NOV 2 4 200\ v:. Date of Order: Service Type M OMB No.: 0970.() 154 ADDITIONAL INFORMA liON TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a copy of this form to your employee. If YOl,Jr employee works in a state that is ditterentfrom the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. 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. 4. * Reporting the raydatelDate of Witl,I,olding. You must report the paydate/date of vvitl,holding vvhen sending the payment. The paydateJdate of vvithholding is the date on vvhieh amount vvas withheld flOm the employ(~e's vvages. 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. 5. * 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'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S 10: 8606477740 EMPLOYEE'SJOBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: BRANDT, JAMES R, 9137101318 DATE OF SEPARATION: 7. 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. 8. 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. 9. 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. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. 91673 (b)1 i or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxesi Social Security taxeSi and Medicare taxes. 11. 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. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at 12'17) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker 10 $IATT Service Type M OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment, Defendant/Obligor: BRANDT, JAMES R. PACSES Case Number 287106391 Plaintiff Name LISA M. BRANDT Docket Attachment Amount 04 =2026 CIVIL $ 238.34 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s l'Jame(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case ~~umber Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB .,. . ". . .,' '. ',' . .... ,', . " '.. . ... . , '"'' .. ... . .. ' . . . ...." . . '.'. .... . . . . '. . ... .. . ". . . '. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. "'" . ... . . . .. .. . .. . . . .. . . , .. . ...... '.. .. "........... >> , ,.c.;' ......;...,..-:.' .:;,. ....;.;. o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum Form EN-028 Worker ID $IATT OMB No" 0970-0154 q ~->~ ':--r', ~~}. \i~' ~-;.;..::' ,..- '< C2.t ,:', r:;:c j:~( , ",-.('""; ;; ~~ ~ -< .3 r~'~ ~. -1 e~ L-..f ~ c:::::> c.::> ..:::- ~ C') ....;:.: v') o o -n -I -t: ""\"1 f;1 r=;. -Of, . :.09 0.0 ::i: :.~.i (') c') ~.2:: 1".:f\ S~ -'to,,," If ~:-.." :<: -0 ::?: c..:> " en -J Jennifer 1. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO !.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA M, BRANDT, v. NO. 04-2026 CIVIL ACTION - LAW JAMES R. BRANDT, Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Lisa M. Brandt (hereinafter, "Wife") by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Petition for Special Relief as follows: 1. Petitioner is the Plaintiff (hereinafter "Wife") in the above captioned divorce action, 2. Respondent is Defendant (hereinafter "Husband") in the above captioned divorce action. 3, Wife filed a Complaint in Divorce on May 5, 2004, requesting economic relief, including a request for equitable distribution. 4. Wife has been contacted repeatedly since July of 2004 by Vanderbuilt, a lender, informing her that Husband has failed to make mortgage payments on the property, a mobile home, which is the former marital residence. 5. Wife left the marital residence in March, 2004 when the parties separated, 6. Wife does not know if Husband is still residing in the marital residence, 7. Wife and her parents have also been contacted by Wells Fargo concerning credit card payments (incurred post-separation) Husband has failed to make, 8. Husband's actions are severely damaging Wife's credit and reducing the equity in the marital residence. 9, Wife would like to trade in the vehicle she is currently driving which is jointly owned by the parties because she cannot afford the monthly payments and needs Husband cooperation, which has thus far been non-existent. Wife has been paying the loan on the vehicle. 10, Section 3323 (f) ofthe Divorce Code provides in relevant part: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this party, and may grant such other relief or remedy as equity and justice require against either party, . . , 11. Section 3505 (a) of the Divorce Code provides: Where it appears to the court that a party is about to leave the jurisdiction of the court or is about to remove property of that party from the jurisdiction ofthe court or is about to dispose of, alienate or encwnber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or a similar award, an injunction may issue to prevent the removal or disposition and the property may be attached as prescribed by general rules. 12. Pennsylvania Rule of Civil Procedure 1920.43 (a) provides: At any time after the filing of the complaint, on petition setting forth the facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering ofreal or personal property in accordance with Rule 1531 (a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief WHEREFORE, Petitioner Wife respectfully requests that this Honorable Court grant the within Petition for Special Relief, directing the marital residence to be sold with proceeds placed in escrow after any marital debt is paid if Husband remains in ddault on the mortgage, directing Husband to cooperate in the trade-in of Wife's vehicle, and order Husband to pay Wife's counsel fees in the amount of $750.00 for the prosecution of this matter. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Jenni er L. Spears, Esquire LD, 87445 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: February 24,2005 Attorneys for Plaintiff VERIFICATION Plaintiff verifies that the statements made in this Petition for Special Relief are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa, CS, Section 4904, relating to unsworn falsification to authorities. " , 0_ c' J/2AJ... rn, Lisa M. Brandt -~~lj Date: ;)~I 0- 05,2005 CERTIFICATE OF SERVICE I, Tricia D, Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. James R. Brandt, Pro Se Defendant 65 Big Spring Terrace Newville, PA 17241 MARTS ON DEARDORFF WILLIAMS & OTTO ~ht-~/40f));~o/ ~~ia D, Eckenroad ~ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 24, 2005 , . LISA M, BRANDT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW JAMES R. BRANDT, Defendant NO. 04-2026 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of March, 2005, upon consideration of Plaintiffs Petition for Special Relief, a hearing is scheduled for Monday, April 4, 2005, at 10: 15 a.ill., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT, J. ' ~fer L. Spears, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Plaintiff J. I [; :rc ~mes R. Brandt 65 Big Spring Terrace Newville, PA 17241 Defendant, pro se 1;1 :3 1.:11 ,'I.,. I; - );'i;j SUGZ '_i.,:\' ).1..,.. IN THE COURT OF COM!MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2026 CIVIL ACTION - LAW F\fILES\DATAFILEIGeneral\CuITeol\11371.ll,praecipe2 Crealed 2ng/05 lOlllAM Revised 4/1/05203PM Jennifer 1. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D, 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff LISA M, BRANDT, Plaintiff v. JAMES R. BRANDT, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Plaintiffs Petition for Special Relief and cancel the! hearing scheduled on this matter for Monday, April 4, 2005, at 10: 15 a,m. Defendant's counsel cpncurs with this and a letter stating same is attached hereto. Respectfully submitted, MARTS ON DEARDORFF W~LLIAMS & OTTO , By fer . pears, Esquire I.D. 7445 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: April I, 2005 Attorneys for Plaintiff PHONE 717-241-4436 NATHAN C. WOLF ATTORNEY AT LAw 37 SOU1H HANOVER STREET SUITE 201 CARLISLE, PENNSYLVANIA 17013 nathancwolf@eanhlinknet FACSIMILE 717-241-4437 April 1, 2005 Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 Re: Brandt v. Brandt (Divorce) Docket No: 04-2026 Dear Jennifer: Please allow this lener to confirm our conversation today concerning . e hearing scheduled for Monday, April 4, 2005. My client has indicated to me that the marital resi ence in not currently the subject of foreclosure proceedings and that the house payment is no more than one month behind schedule. As per your request, I am in concurrence with any request u submit to the O:mrt to effectuate the withdrawal of your special relief petition and the cance, tion of the hearing. Furthermore, Mr. Brandt has indicated that he is willing to resolve this matter in an amicable fashion and will cooperate, as appropriate to reach a mutually satisfactory disp sition of the marital assets. To that end, I would like to try to schedule some time with you to mee and compare our understanding of the marital assets and liabilities so that we can detennine the oints of agreement and contention. ! i Finally, enclosed please find a time-stamped copy of my entry of appeapnce filed with the Court today. I. I look forward to worlcing with you in the resolution of this case. Very trtjJyflurJ, / /7 . y/~' -- I c,\<o~ Enclosure cc: James Brandt (w / enc) , CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Nathan C. Wolt~ Esquire 37 South Hanover Street Suite 201 Carlisle, PA 17013 MARTSONDEARDORFFiWILLIAMS & OTTO @J~!i1c{J;!::~471 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April I, 2005 .._') (') >::'). . n C.:,) ,en :.>) ~? L~'\ W - NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO, 87380 37 SOUTH HANOVER STREET, SUITE 201 CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT Plaintiff : IN THE COURT OF COMl\IION PLEAS OF : CUMBERLAND COUNTY, iPENNSYLV ANIA LISA M. BRANDT, Defendant : CMLACTION - LAW ; NO. 2004 - 2026 CML TERM : IN DIVORCE -T v. JAMES R. BRANDT, PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the defendant, Jamers R Brandt, in th~ above matter. April!, 2005 ;, \"~, -;.> ....F' :) ':<\ -, ,,' --...., "~"; ) ("_>, 4'. -" LISA M. BRANDT, Plaintiff IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PE SYV ANIA v. CIVIL ACTION - LAW JAMES R. BRANDT, Defendant NO. 04-2026 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of April, 2005, upon consideration f the Praecipe filed on April 1, 2005, withdrawing Plaintiffs Petition for Special elief, the hearing scheduled for April 4, 2005, is cancelled. BY THE COURT, Jennifer L. Spears, Esq. Ten East High Street Carlisle,PA 17013 Attorney for Plaintiff (7J ~ Nathan C. Wolf, Esq. ( 6,LAY-<l /(l'Al Suite 20 I I I I / ~ 37 South Hanover Stree~ lie - 0 j Carlisle, P A 17013 i ftt; Attorney for Defendant) J / :rc J. Vlf-lV/\lASNI'J:id U. II 'r....,...... ...,~ r r;" ,.-<,-,..trV"\ ( i\. >-.J ; , "'.< i"~::i,~:l~! IV 8'1 :8 Hd S- HdV SOOZ AtjV.LC~'JCH10ud 3Hl :10 :C!:LiQ-{J3ll::l . '"'> ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 07/21/06 Case Number (See Addendum for case summary) 287106391 04-2026 CIVIL o Original Order/Notice o Amended Order/Notice o Terminate OrderlNotice KNIGHT TRANSPORTATION INC* 5601 W BUCKEYE RD PHOENIX AZ 85043-4603 RE: BRANDT, JAMES R. Employee/Obligor's Name (last, First, Mil 202-50-6966 Employee/Obligor's Social Security Number 9137101318 Employee/Obligor's Case Identifier (See ....ddendum fa< p/aintiH names associated with case-s on attachment) Custodial Parent's Name (Last, First, MI) EmployerM'ithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA nON: 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'sfobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support . $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0 . 00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month), $ 0 . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateldate 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'sf obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SeDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. OMB No.: 0970-0154 J. Judge Form EN-028 Worker ID $IATT Date of Order: ..:!...I.J 1 ).1', 2o~ c" DRO: R, J. Shadday Service Type M . .. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o I(/ihecked you are required. to pro'li(le a ~opy of this form to your, employee, If yovr emploY~f"Vorkbs in,a state hthat ieds di erent Trom the state that ISSUed thiS order, a copy must be provided to your employee even I the ox IS not c eck . 1. Priority: Withholding under this OrderlNotice 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. * Rt:tJv1l;1I5 II Ie r o:\ydaLdDdk: of "v';tl,I ,vIJ;lIg. Yau, lIu:Jl.epolt tile paydoleldo:\te v( yy;t1.I.OkJ;1I5 ~vl .ell 5ehd;1I5 II Ie J'aYIII'CIII. TI.e t-IayJatelda~ uf n;U.I.old;l1g;;, tile Ja~ 011 vvl.;\.lt GlllOUlIl VYO;) n;U.I.eld flVlI1 Un:: eUlpluycc';) vV(ages. 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 OrderlNotice to Withhold Income for Support against this employee/obligor and you are unable to honor all support OrderlNotices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment You must honor all Orders/Notices to the greatest extent possible, (See #9 below) 5, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you, Please provide the information requested and retum a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 8606499740 EMPLOYEE'S/OBLlGOR'S NAME: BRANDT. JAMES R. EMPLOYEE'S CASE IDENTIFIER: 9137101318 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay, If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs, 8, Antkliscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State. in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. ~ 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment The Federal limit applies to the aggregate disposable weekly earnings (ADWE), ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes, For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order, 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 L Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (7171 240-6248 or by internet www.childsupportstate.pa.us Page 2 of 2 Form EN-D28 Worker ID $IATT Service Type M OMB No.: 097~154 . ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BRANDT, JAMES R. PACSES Case Number 287106391 Plaintiff Name LISA M. BRANDT Docket Attachment Amount 04-2026 CIVIL$ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB :::.:>:.::.::.::.:...................::....,:.':'.,:.:::'.::.::::....::::-:::::::::::..:.:::::.::::::-:::::.::::<::::.:::::::::::.<:-<:'::::.:::-::..:-:.::.::'....':.'...,::: ,-,:::, ,,::,:::::.:::..:.:::-::::::.::.::<:::..,-:...... /." .................---....................................... ..........",.,,'" "" " , . .. '. . ......... .. . - .. ... ....., -- - - ,." ,.". 011 ~h~~I<;,.;,;~~~re;;q~ired ;~~~r~llth;~hild(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment. Service Type M OMS No.: 097().()154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sJobligor's employment. Addendum Form EN-028 Worker ID $IATT t--.1 C:'1 , 0'" C~ -on ~~~ , -. -J -,~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LISA M. BRANDT ) Docket Number 04-2026 CIVIL Plaintiff ) vs. ) PACSES Case Number 287106391 JAMES R. BRANDT ) Defendant ) Other State ID Number PETITION FOR CONTEMPI' - DEFENDANT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Petitioner is CUMBERLAND County Domestic Relations Section. 2. Defendant is JAMES R. BRANDT 65 BIG SPRING TER, NEWVILLE, PA. 17241-9108-65 who resides at 3. On JUNE 2 2004 an order of support was entered by the Honorable Court directing Defendant to pay the sum of $ 216.67 per month plus $ 21.67 per month in arrears for the support of hislher dependent(s). 4. Defendant has failed to comply with the order as entered by the Court by failing to: IXI pay as ordered. IXI provide infonnation which was ordered. IXI appear as ordered. IXI other: Last payrrent made was on 5/8/06. Failure to maintain employment, failure to provide medical or other appropriate excuse for unemployment. 5. The arrearages under the Order amount to $ 1, 204 . 81 as of AUGUST 18, 2006 WHEREFORE, Petitioner prays that the Court issue an order directing the attendance of Defendant at a hearing of said Petition and hereafter to make an adjudication of contempt. I verify that the statements made in this Petition are true and correct to the best of my knowledge. I understand that false statements herein are made to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. AUGUST 18, 2006 Date ;;J" ;:/4 R: J. SRAnDA 9- " ~"l:c___ Signature .' ' Service Type M Ponn EN-007 Rev. I Worker ID 21600 ~ -1j \1; 1Jf'=, ~~!::; r:-C, '<:: ," Z't> J'-C: 3. ~ q. ~ ~~ c:: m G) ;)q - ~~qi cP 'L -n h"'""') ,.;-:::.~(\ b :::0\ ~ -0 '$ v:> .' ;r;;" oJ:> F:\FILES\DATAFILE\GeneraJ\Currtnt\11371.11.aosl Created: 9120/04 0:06PM Revised 8/17/06 11:51AM Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA M. BRANDT, v. NO. 04-2026 CIVIL ACTION - LAW JAMES R. BRANDT, Defendant IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for Defendant in the above-captioned action, hereby accept service of the Divorce Complaint in the above action on J;;L-f il 7..JJfJ tf on his behalf and J certify that I am authorized to do so. WOLF & WOLF ~ ~" '""00; ~1\i ',,?,"', "?~~ \.P,-, ~C; '~:~:~) PC; ~ ';;S j? ~ '" ~ ~ ~~ -o~ "oQ ?qi -:L.4j <2.'(:-; 6rn :::-\ ~ -0 ::s ~ J;:' N \ j, - ,In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESrIC RELATIONS SECTION LISA M. BRANDT ) Docket Number 04-2026 CIVIL Plaintiff ) vs. ) PACSES Case Number 287106391 JAMES R. BRANDT ) Defendant ) Other State ID Number ORDER OF COURT Legal proceedings have been brought against you alleging you have wilfully disobeyed an Order of Court, 1. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the Court your defenses or objections. 2. You, JAMES R. BRANDT , Respondent, must appear in person in court on OCTOBER 13. 2006 ,at 9: OOAM ,in COURT ROOM 1 CUMBERLAND CO COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA. 17013 IF YOU 00 NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITIED TO JAIL. 3. If the Court fInds that you have wilfully failed to comply with its order you may be found to be in contempt of court and committed to jail, fIned, or both. Service Type M Form EN-528 Worker ID 21600 , ) . - BRANDT V. BRANDT PACSES Case Number: 287106391 YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO lURE A LAWYER, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. BY THE COURT: Date of Order: AA oJ 2 D ~~ ~ 0' I JUDGE Page 2 of2 Form EN-528 Worker ID 21600 Service Type M (') c ~ ""Urr rnn ~t,".' (fl.....? r:" <: ~;F-, )>E. ~ .- ...., = = cro :r- c: c;;-> N N ~ -l ~~ ,- -urn -00 (-.. I,) :=,C ~~~ ~:srn ~ ~ '< -0 :x ':: o ,. , . NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARUSLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT LISA M, BRANDT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, : CIVIL ACTION - LAW JAMES R, BRANDT, : NO, 2004 - 2026 CIVIL TERM : IN DIVORCE Defendant MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT NOW COMES counsel of record for Defendant, James R Brandt, Nathan C Wolf, Esquire, and respectfully submits this Motion for Leave of Court to Withdraw as Counsel for Defendant, James R Brandt, pursuant to Pa,RCP, 1012, and in support thereof, avers as follows: 1. Defendant, James R Brandt, is an adult individual whose last known address is 65 Big Spring Terrace, Newville, Gunberland County, Pennsylvania 17241 2, The undersigned counsel was retained by the defendant on or about March 9, 2005, 3, The undersigned counsel contacted Defendant, James R Brandt, and the undersigned counsel sought oral confirmation, and Defendant orally communicated with the undersigned counsel, that Defendant no longer wished the undersigned to represent him. 4, The undersigned counsel believes and therefore avers that no prejudice would be suffered by his client if the instant motion is granted, and that this Court should grant the relief requested in accordance with his client's wishes, 5, The undersigned counsel contacted Jennifer L. Spears, Esquire, counsel for Plaintiff, for concurrence in the filing of this motion and such concurrence was given, ~ , - WHEREFORE, the petitioner, Nathan C Wolf, Esquire, respectfully prays that this Court grant leave for the undersigned to withdraw his representation of Defendant, James R Brandt, and to grant any further relief that the Court deems appropriate, Dated: September lL, 2006 olf, Esquire 10 W sigh Street Carlisle, PA 17013 Supreme Court I.D, No. 87380 (717) 241-4436 ~ ./ - VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this Motion are true and correct to the best of my knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,CS, Section 4904, relating to unsworn f ification to authorities, Dated: September iL, 2006 ,. ,. ... NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT LISA M, BRANDT, v, JAMES R. BRANDT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Defendant : NO, 2004 - 2026 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Motion for Leave to Withdraw as Counsel to the below-listed persons: Dated: September L, 2006 James R. Brandt 65 Big Spring Terrace ~e~e,PAl17241 Jennifer F, Spears, Esquire Marston, Deardorf, Williams & Otto T en East High Street Carlisle, PAl 17013 Counsel for Plaintiff n ~~) c:.:) C_:.J; u'''' (,') ::::! ~) r,,) (:) ,on .< LISA M. BRANDT, Plaintiff v. JAMES R. BRANDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-2026 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of September, 2006, upon consideration of the Motion for Leave To Withdraw as Counsel for Defendant, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. ~nifer L. Spears, Esq, 10 East High Street Carlisle, P A 17013 Attorney for Plaintiff Aan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Defendant ~es R. Brandt 65 Big Spring Terrace Newville, P A 17241 Defendant :rc BY THE COURT, ~ \P CO'\) ~\ o ("'" ~ , 'L! 8! F IFILESIDA T AFILEIGenerallCurrentl 113 71 , II. dnotice Created 9/20/04 0 06PM Revised: 9/15/06 II: lOAM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LISA M. BRANDT, v. NO. 04-2026 CNIL ACTION - LAW JAMES R. BRANDT, Defendant IN DNORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April 2, 2004, and have continued to live separate and apart for a period of at least two years. 2 The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. J~%.'~ Lisa M. Brandt Date: CJ-I f- 0 G Q c -:>" '":'"'~ 1~.V' 0:. ';; t~~ ~- -:-~,... ". ~~ ~s~ 3 ~ <&~ ~""'2.. q~~ z ~~ () ~ c::;:) cr c./"J Cd r--' 0' -0 > ~ ~..,., n. E,:', :I:j b j"" 1., '--',C, ~!~~ ~ ;-"') :::'\ - '-p- . . ';:P. .:;::: o .1;:- NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LISA M, BRANDT, v. : CIVIL ACTION - LAW Defendant : NO, 2004 - 2026 CIVIL TERM : IN DIVORCE JAMES R. BRANDT, PETITION TO MAKE RULE ABSOLUTE NOW COMES counsel of record for Defendant James R. Brandt, Nathan C Wolf, Esquire, and respectfully submits this Petition to Make Rule Absolute, and in support thereof, avers as follows: 1. On September 11 2006, Counsel petitioned the Court to withdraw as counsel for Defendant, 2, On September 18, 2006, the Court issued a Rule to Respondent to show cause, with a ten-day return from the date of service, why the relief requested should not be granted, 3, Petitioner received said Rule to Show Cause on September 20,2006, 4, More than 15 days have elapsed since the Rule was issued, and no response from Respondent has been filed. WHEREFORE, the petitioner, Nathan C. Wolf, Esquire, respectfully requests this Court to make the Rule, issued on September 18, 2006 Absolute and grant leave for the undersigned to withdraw his representation of Defendant, James R Brandt, and to grant any further relief that the Court deems appropriate, Respectfully submitted, WOLF&W LF Dated: October ~, 2006 VERIFICATION I, the undersigned, do hereby verify that the facts set forth in this petition are true and correct to the best of my knowledge and belief, I understand that false state ents herein are made subject to the penalties of 18 Pa,CS, Section 4904, relating to unswo Dated: October -.h 2006 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LISA M, BRANDT, v. : CIVIL ACTION - LAW Defendant : NO, 2004 - 2026 CIVIL TERM : IN DIVORCE JAMES R. BRANDT, CERTIFICATE OF SERVICE I, Nathan C Wolf, Esquire, herebycenifythat I mailed a true and correct copy of the foregoing Petition to :Make Rule Absolute to the below-listed persons: James R. Brandt 65 Big Spring Terrace Newville, PA 17241 Jennifer F, Spears, Esquire Marston, Deardorf, Williams & Otto Ten East High Street Carlisle, PA 17013 Counsel for Plaintiff WOLF & WOLF Dated: October ~ 2006 squire ~ ~ cr< c' (Y). ...-.~.~\ \ G' ~ --' ~-n ,n \[;, ).... \. } ::; ~~ ...'>.... - " '}J?, -. -{9.. - -- o c....:> ------------- # I.. - , NATHAN C. WOLF, ESQUIRE ATIORNEY ID NO. 87380 WOLF 8< WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATIORNEY FOR DEFENDANT OCT 0 9 2006( Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LISA M, BRANDT, v, JAMES R, BRANDT, Defendant AND NOW this -1l!: day of : CIVIL ACTION - LAW : NO, 2004 - 2026 CML TERM : IN DIVORCE ORDER DLt, , 2006, upon consideration of the foregoing Petition to Make Rule Absolute, the requested relief therein is hereby GRANTED and counsel is hereby authorized to file a praecipe to withdraw as counsel with the Prothonotary and to serve notice of this Order and such praecipe upon Defendant James R Brandt, and counsel for all other parties to this matter, Distribution: hthan C, Wolf, Esquire ..4 ynes R. Brandt .Iennifer L. Spears, Esquire ~ J, S S :8 !,'ld 0 I J.:10 90Dl f'ilJI!':';';' ,1'1 -:1" jn \0/_.'"-,, ,""),"d,v0Cl :J.1 _ v :J:JU:JO.Qjll:! - NATHAN C. WOLF, ESQUIRE ATfORNEY ill NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATfORNEY FOR DEFENDANT LISA M. BRANDT, Plaintiff v, JAMES R, BRANDT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO, 2004 - 2026 CIVIL TERM : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of NA 1HAN C WOLF, ESQUIRE, as attorney of record for Defendant, JAMES R BRANDT, in this matter, October 17;2006 ~. NATHAN C. WOLF, ESQUIRE ATIORNEY ID NO. 87380 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATIORNEY FOR DEFENDANT LISA M, BRANDT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW JAMES R, BRANDT, Defendant : NO, 2004 - 2026 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify this day that I mailed a true and correct copy of the foregoing Praecipe to Withdraw Appearance of Counsel of Record for Defendant James R Brandt, by U. S, Mail, postgage prepaid, to the following: James R, Brandt 65 Big Spring Terrace Newville, PA 17241 Jennifer F, Spears, Esquire Marston, Deardorf, Williams & Otto Ten East High Street Carlisle, PA 17013 Counsel for Plaintiff Dated: October IY, 2006 squire ~.. ......, :-:.~:,-:) ~ CJ --' ,- ,'-'-) :.. .\ 1'-.) -'Cl ~-.~ -,.' -- ., ....0 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LISA M. BRANDT ) Docket Number 04-2026 CIVIL Plaintiff ) vs. ) PACSES Case Number 287106391 JAMES R. BRANDT ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 16TH DAY OF JANUARY, 2007 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or wSuspended or o Terminated without prejudice or 0 Terminated and Vacated, effective JUNE 4, 2006 , due to: THE DEFENDANT BEING DISABLED AND IS CURRENTLY RECEIVING BENEFITS FROM THE DEPARTMENT OF PUBLIC WELFARE. THERE IS A REMAINING BALANCE OF $547.81 OWED TO THE PLAINTIFF AND IS TO BE PAID OFF AT THE RATE OF $46.00 PER MONTH. DEFENDANT IS TO REPORT TO THE DOMESTIC RELATIONS OFFICE WITHIN FIVE DAYS OF RECEIVING PERMANENT DISABILITY BENEFITS OR RETURNING TO EMPLOYMENT. BY THE C9URT: :?{ JUDGE DRO: R. J. Shadday Service Type M Form OE-504 Worker ID 21005 -- --;::- ~) "-> = .f.':'.::::} -.... k ;z: ~ ::yi n'1 ::n r- ;[~i9 ::1 (;) ;,~J (~] C.~m ~--I ...i:;;": ::0 -< - \.D \:J -:;.... -~'.::... <;:) PLAINTIFF PACSES CASE NO. 287106391 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATION SECTION CIVIL ACTION - DIVORCE LISA M. BRANDT, V. JAMES R BRANDT, DEFENDANT NO. 04-2026 CIVIL ORDER OF COURT AND NOW, this 30th day of January, 2007, the Court being informed by the Domestic Relations Section that the above-captioned case meets case closure criteria due to the Order no longer being able to be enforced under state law through the Domestic Relations Section, IT IS HEREBY ORDERED AND DIRECTED that the above captioned case be closed without prejudice pursuant Pa RC. P. ~ 1910.19. This case is closed with arrears of $547.81 due the Petitioner. This Order shall become final ten days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT, ORO: R J Shadday Service Type M FORM OE-001 Worker 21005 ~ <,:;:;:) ....J -f1 rr. co t - -0 ::D; o ..,., ~..,.... r-n f; -c~J \J-; -";-i '-,". :~~::~:\ (;~ ,~~~~ 27 ~ (y) " .r::- Cl' LISA M. BRANDT G n Case No. 04-2026 vs _ JAMES R. BRANDT r CC 33 d ' Statement of Intention to Procee t x- To the Court: Plaintiff, Lisa M. Brandt intends to roceed with the above captioned matter. 7 1 Print Name Jennifer L. Spears, Esq Sign Name Date: Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1 104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.