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HomeMy WebLinkAbout09-8629SUZANNE E. FLATHMANN, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNT ENNSYLVANIA • 09- O(Va.9 ?vt,t (erpt v. : NO. CV CU JOHN C. FLATHMANN, :CIVIL ACTION - LAW Defendant :DIVORCE ACTION NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary on the first floor of the Cumberland County Courthouse, 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMAITONABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator's Office at (717) 240-6200. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 0 z Margaret M. Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 Margaret@Scaringilaw.com SUZANNE E. FLATHMANN, Plaintiff V. JOHN C. FLATHMANN, Defendant 01 IVi( IPrm :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. CV CU :CIVIL ACTION - LAW :DIVORCE ACTION COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Suzanne E. Flathmann, by and through her attorney, Margaret M. Simok, Esquire, of Scaringi & Scaringi, P.C., and avers as follows: 1. Plaintiff is Suzanne E. Flathmann, who currently resides at 1200 King's Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050, since 1994. 2. Defendant is John C. Flathmann, who currently resides at an unknown location, since December 4, 2009. He is believed to be staying in a hotel. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 22, 1992, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. Plaintiff and Defendant are both citizens of the United States. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the Court require the parties to participate in counseling. 10. Plaintiff requests the Court enter a decree in divorce. COUNT I - EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. COUNT II - ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 13. Paragraphs one through twelve are incorporated herein by reference. 14. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and payment of costs. 15. Plaintiff does not have sufficient funds for herself or to pay counsel fees and expenses incidental to this action necessary to prosecute same. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree ordering alimony pendent lite, counsel fees and expenses necessary for Plaintiff to adequately present her case. COUNT III - INDIGNITIES 16. Paragraphs one through fifteen are incorporated herein by reference. 17. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, so as to render Plaintiff's condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests this Honorable Court grant her a Decree in Divorce and grant any further relief as the Court deems equitable and just. Respectfully submitted, SCARINGI & SCARINGI, P.C. Date: By; Margare. Simok, Esquire Supreme Court ID No. 89633 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 717-657-7770 Attorney for Plaintiff VERIFICATION I verify that the statements made in the Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. t1,16 q Date Suz e E. Flathmann, Plaintiff 2GO9 DEC 15 PH 2: 2 .;;:,; a; . ji A * x{31.00 Pb AT7`( M-t !0307 1zCWt0co.3 a o"???s ?o Suzanne E. Flathmann Plaintiff vs. John C. Flathmann Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. . No. d Q _ p~-~Gf CIVIL c PRAECIPE TO REINSTATE COMPLAINT -r, c~~ c_ `~ `~ ~ `ai ~ :~ t - r r ~-. {' ~ ~ ..~ rr< `~ ~ To the Prothonotary: "" tv ~ ~~ { C._ T~ AY :;:~ ;~~ .-. Kindly reinstate the divorce complaint filed in the above-referenced ti ~ ~ ,'`' ~X<y cap on ~ ~: c~ ~ . ^' c Respectfully submitted, BY: ~~`~~`-- Emily Long Hoffman, Esquire Sup. Ct. ID 66307 255 Market St. Millersburg, PA 17061 Counsel for Wife DATED: ~~„Q,,,, "~~ZU ~ ~ 84151 ~~ ~ ~~-~ 2.~ .Zy~Ps~O SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION -LAW JOHN C. FLATHMANN, . Defendant N0.09-8629 CIVIL TERM IN RE: PETITION FOR HEARING AND EX PARTE TEMPORARY INJUNCTIVE ORDER AND NOW, this 2°d day of July, 2010, upon consideration of Defendant's Petition for Hearing and Ex Parte Temporary Injunctive Order, it is ordered and directed as follows, pending further order of court: 1. Neither party shall (a) transfer possession or ownership of to a third parry, (b) dissipate, (c) encumber, or (d) otherwise diminish the value of, any marital property; 2. Neither party shall secrete the location of any marital property from the other party; 3. Nothing in this order is intended to preclude either party from placing, or causing to be placed, an item of marital property in storage, so long as the item is equally accessible to the other party; and 4. A hearing on the petition is scheduled for Monday, August 30, 2010, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. d~u7.a~,kr ~. ~~Q`~-~~K Copies yK,a,.`(ed Zf a~io ~~~ BY THE COURT, ~ ~"'~ s-*,-~ : " ~ sii ~ ,;-ri r! ~F J. esley Ol " , Jr., J. - -~ ~~ ~~ Margaret M. Simok, Esq. 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 Attorney for Plaintiff Paul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant Suzanne E. Flathmann 1200 Kings Circle Mechanicsburg, PA 17050 SUZANNE E. FLATHM NN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petiti ner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE ~ -+ NO. 09-8629 CIVIL TERM T'' ~" -- JOHN C. FLATHMANN, IN DIVORCE ~ - -- -~,=~~ ~- Defendant/Re pondent PACSES CASE: 533111771 ~' _ _ ~:. _ _. ORDER OF COURT "' ~ ~ t..Y, _ -- ~-~ ~ ::~~ AND NOW, this 15 h day of July, 2010, based upon the Court's determination that the Petitioner's monthly net inc me/earning capacity is $ 1,395.51 and the Respondent's monthly net income/earning capacity is 8,728.80 , it is hereby ordered that the Respondent pay to the Pennsylvania State Collecti nand Disbursement Unit One Thousand Six Hundred and 00/100 Dollars ($ 1,600.00) per mo th payable bi-weekly as follows: $ 1,484.00 per month for Alimony Pendente Lite and $ 149.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is July 2, 2010. Arrears set at $ 1,461.00 as of July 15, 2010. Failure to make eac payment on time and in full will cause all arrears to become subject to immediate collection by all f the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil cont mpt of Court and, at its discretion, make an appropriate Order, including, but not limited to commitment of the Respondent to prison for a period not to exceed six months. Said money to be to ed over by the PA SCDU to: Suzanne E. Flathmann. Payments must be made by check or money or er. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must incl a the Respondent's name with their PACSES Member Number or Social Security Number in rder to be processed. Do not send cash by mail. cc360 The monthly suppo for unreimbursed medical e expenses of the obligee or The party seeking allocatio expenses to the other party the final medical bill to be as follows: 0 % by Respor. party to provide medical in Within thirty (30) d submit written proof that n coverage has been made. 1 care coverage provider(s); coverage; 4) the address to usage, such as prior appro~ copy of the benefit booklet and 8) five copies of any cl Other conditions: This Order consider, Case #961111327. This Order shall bec Order to the parties unless e novo before the Court. Consented: Petitioner Respondent Mailed copies on: July 19, 2010 DRO: R. J. Shadday to: Petitioner Respondent Emily Long Hoffman, Esq. Paul Orr, Esq. obligation includes cash medical support in the amount of $250 annually penses incurred for each child and/or spouse. Unreimbursed medical ildren that exceed $250 annually shall be allocated between the parties. of unreimbursed medical expenses must provide documentation of ~ later than March 31 S` of the year following the calendar year in which located was received. The unreimbursed medical expenses are to be paid ant and 100 % by Petitioner. [X] Respondent [] Petitioner [] Neither prance coverage. ~s after the entry of this order, the [] Petitioner [X] Respondent shall dical insurance coverage has been obtained or that application for Hof of coverage shall consist, at a minimum, of: 1) the name of the health any applicable identification numbers; 3) any cards evidencing Which claims should be made; 5) a description of any restrictions on for hospital admissions, and the manner of obtaining approval; 6) a r coverage contract; 7) a description of all deductibles and co-payments; m forms. that the Respondent has a child support obligation under PACSES >me final twenty (20) after the mailing of the notice of the entry of the ther party files a written demand with the Prothonotary for a hearing de Petitioner's Attorney Respondent's Attorney BY THE COURT, M. L. Ebert, Jr., J. In the Court of ommon Pleas of C~E~,~p County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 De endant Name: JoIiTT C. FLATHMANN M ber ID Number: 6921102213 PI note: All correspondence must include the Member H) Number. r nanctat nreax uown o[ niutn to gases on A><cacnmen>< ~-, o PACSES Docket C ~+ Plaintiff Name Case Number Number Attachment At/Freaxencv -_T 3UZANNE E. FLATHMANN 533111771 09-8629 CIVIL ~~._.r.. '-' $ 1, 4 8 5 O!3 ~'td0 t ~ >- ~ SU2ANNE E . FLATHMANN 961111327 01019 S 2009 $ 1,111 ~D,/MO ~ ~r•; l> i _, $ ~ ~~ - • ~ ~ ' , .C.: '~ ~~ ~ $ ~ .. L~~ TOTAL ATTACHMENT AMOUNT: $ z, 596.00 Now, by Order oft is Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OU B), is hereby directed to attach the lesser of $ 5 9 7.4 4 per week, or 50 , o %, of t e Unemployment Compensation benefits otherwise payable to the Defendant, JOHN C. FLATHMANN Social Security NumberXXX-XX-1465 ,Member ID Number 6921102213 OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or sup rt arrearages. If the Defendant's nemployment Compensation benefits are attached by another Court or Courts for support and/or support acre age, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the aximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be ffective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's titlement to Unemployment Compensation benefits, under the Application for Benefits dated APRIL 12, 2009 is exhausted, expired or deferred. OUCB shall comply All questions, challenges or Court. with this Order, unless it is amended or vacated by subsequent Order of this Court. bligations to this Order shall be directed to the Domestic Relations Section of this BY THE COURT Date of Order: JUL DRO: R.J. Shadday Service Type ly 1 9 C01~ M. L. EBERT, JR. , JUDGE Form EN-034 Rev.2 Worker ID $IATT OTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Penncv CO./City/Dist.Of CUMBERLAND Date of Order/Notice o~/16/1 Case Number (See Addendum fi EmployedWithholder's Federal EIN Numi WIPRO TECHNOLOGIES case summary) STE 2200 2 TOWER CENTER BLVD EAST BRUNSWICK NJ 0 816-1100 961111327 1019 S 2009 09-8629 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE: FLATHMANN, JOHN C . Employee/Obligor's Name (last, First, MI) 262-79-1465 Employee/Obligor's Social Security Number 6921102213 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum ford pendent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is n Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND ounty, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named a ployee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 991.00 per month i current child support ~ ~ _., $ ioo. oo per month i past-due child support Arrears 12 weeks or greater? ~ yes nom' T $ o . oo per month i current medical support _ ~:= , ~- f "t -~ $ o. oo per month i past-due medical support ~~', ~~, _.,,_ -,-. ~; $ 1, 485. oo per month i _ current spousal support = ~ ~n `r ~~ ~' r--- ,: ~ $ o . oo per month i past-due spousal support -f ` ' $ o . oo per month f r genetic test costs ~ ~:,=-" $ 20. oo per month i c ~ ~ ,;. .: other (specify) Court costs and fees ,~_ $ one-time lu p sum payment :.:~ c= -°' ~: for a total of $ 2, 596.00 r month to be forwarded to payee below. You do not have to vary your pay ycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycl ,use the following to determine how much to withhold: $ 599 JS per weekly pa period. $ i, 29s . oo per semimonthly pay period (twice a month) $ 1198.15 per biweekly ay period (every two weeks) $ 2, 596. oo per monthly pay period. REMITTANCE INFORMATION: ou 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 educt a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the all wable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggrega a disposable weekly earnings. For the purpose of the limitation on withholding, the following information is need d (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4 74(b)) requires remittance by an electronic aayment method if an employer is ordered to withhold income fro more than one employee and employs 15 or more persons, or if an employer has a history of two or more return checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCD )Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable t : PA SCDU Send check to: Pennsylvani SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUS INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's ase Identifier) OR SOCIAL SECURITY NUMBER IN O DE TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: ~ ~ i M. L. Ebert, Jr., Judge DRO: R.J. Shadday Form EN-028 Rev.S Service Type M OMBNO.:0970-O15A Worker ID $IATT ADDITIONA INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If~hecke~i you are requir to provide a Gopy of this form to your gm loyee. If yo~r employee works in a state that is di Brent rom the state that ssued this orcler, a copy must be provided~to your emp ogee even if the box is not checked. 1. Priority: Withholding under this Or er/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receip 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 corn ine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. Y u must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* Reporting the Paydate/Date of Wit holding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date n which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's princip I place of employment with respell to the time periods within which you must implement the withholding order and forward the supp rt payments. 4.* Employee/Obligor with Muhiple Su port Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligoranct you are unab a to honor all support Order/Notices due to Federal or State withholding limits, you must follow the taw of the state of employee's/oblig is principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information request and return a copy of this Order/Notice to the Agency identified below. 7555100273 THE PERSON HAS NEVER WORKED OR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: C~ EMPLOYEE'S/OBLIGOR'S NA E:FLATfiD7ANN, JOHN C. EMPLOYEE'S CASE IDENTIFIE 6921102213 DATE OF SEPARATION: LAST KNOWN HOME ADDRE S: LAST KNOWN PHONE NUN NEW EMPLOYER'S NAME/AI FINAL PAYMENT AMOUNT• 6. Lump Sum Payments: You may be r uired to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questio s about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold into a as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's in ome and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject o a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplina action against any employee%bligorbBcause of a support withholding. Pennsylvania State law governs unless the obligor is employed i another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not ithhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 ( )); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the et income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contrib ions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of th disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is i creased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the rder Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA Lim using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Trib .For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending u on applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposabl income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served ith a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respell to thes items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTI If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.S Service Type M ~ OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment FLATHMANN, JOHN C. PACSES Case Number 533111771 Plaintiff Name SUZANNE E . FLATIiMANN Docket Attachment Amount 09-8629 CIVIL$ 1,485.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): Service Type ty DOB DOB DOB Addendum OMB No.: 0970-0154 PACSES Case Number 961111327 Plaintiff Name SUZANNE E . FLATI3MANN Docket Attachment Amount 01019 S 2009 $ 1,111.00 Child(ren)'s Name(s): DOB DYLAN R FLATHMANN 05[3.1/94. ALA1~A C I~~H~~Tt~ l El;~ Z t~ /9 5 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker I D $ IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: JoI~I c . FLATHMANN Member ID Number: 6921102213 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Plaintiff Name SUZANNE E. FLATHMANN SUZANNE E. FLATHMANN Financial Break Down of Multiple Cases on Attachment PACSFS Docket ~ ^°' 9ta Case Number Number Attachment Amoun eau ~ v .;;:~ 533111771 09-8629 CIVIL $ 1,634.00 2JTH,~ .~ 961111327 01019 S 2009 1, 111.0®; ~ d~ONTHL- ~ --~- TOTAL ATTACHMENT AMOUNT: ;... ~ , ~,~., yam' 1 ~ ; ' ~ .. -~ ~ ~ ' -- ~ _. -*•J r _ $ y . ~... $ 745.00 ~- 2 ~"'~ , Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 631.73 per week, or 55 . o %> of the Unemployment Compensation benefits otherwise payable to the Defendant, JOHId C. FLATHMANN Social Security Number XXX-XX-1465 ,Member ID Number 6921102213 OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). 'This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated APRIL 12, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: AUG fl 3 2010 DRO: R.J. SI-IADDiAY M. L. E,BERT, JR. , ~ JUDGE' Form EN-034 Rev.2 Service Type M Worker ID $ IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-8629 CIVIL State Commonwealth of Pennsylvania 96].11].327 OOriginal Order/Notice CO./City/DISt. Of CUMBERLAND 1019 S 2009 OAmended Order/Notice Date of Order/Notice 08/02/10 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: FLATHMANN, JOHN C . Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, Mq 262-79-1465 Employee/Obligor's Social Security Number WIPRO TECHNOLOGIES 6921102213 STE 2200 Employee/Obligor's Case Identifier 2 TOWER CENTER BLVD (See Addendum for plaintiff names EAST BRUNSWICK NJ 08816-1100 associated with cases onattachmenU Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to ded~t~t these ~ amounts from the above-named employee's/obligor's income until further notice even if the Order/Nq~e i~ot -„ issued by your State. `-'~ ~ ._a - ° x- ,; $ 991.00 per month in current child support ''` `=- `i-~' _ : ~-r, $ loo . oo per month in past-due child support Arrears 12 weeks or greater? `yes Q na ' --, ~ _- ca. ; $ o . oo per month in current medical support -.~ W $ o . oo per month in past-due medical support -~~ ~ $ i, 485.00 per month in current spousal support -` $ 149.00 per month in past-due spousal support - -~ ~ $ o . oo per month for genetic test costs c~ "~-- ~~+ $ 20. oo per month in other (specify) Court costs and fees ~ $ one-time lump sum payment for a total of $ 2, 745.00 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: dh Per weekly pay period. $ i, s~2 . so per semimonthly pay period $ h"~'~ _ (twice a month) $ 1 _6~_ 97 per biweekly pay period (every two weeks) $ 2, ~4s. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 /N ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER 1D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~ _ a ~ BY THE COURT: DRO: R.J. Shadda Y 11- L. yvvy `+ uy • ~ vuuyV ~ Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If ~hecke~l you are required, to provide a~opy of this form to your m loyee. If yo r employee works in a state that is di Brent rom the state that issued this or er, a copy must be provideedpto your emplyoyee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* EmployeelObligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligoranct you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 7555100273 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'SlOBLIGOR'S NAME: FLATHMANN, JOHN C . EMPLOYEE'S CASE IDENTIFIER: 6921102213 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT• NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee%bligor 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 govems. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.S Service Type M onneN°.:o9~ao,sa Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FLATHIyANN, JOHN C. PACSES Case Number 533111771 Plaintiff Name SUZANNE E. FLATHMANN Docket Attachment Amount 09-8629 CIVIL$ 1,634.00 Child(ren)'s Name(s): DOB PACSES Case Number 961111327 Plaintiff Name SUZANNE E. FLATHMANN Docket Attachment Amount 01019 S 2009 $ 1,111.00 Child(ren)'s Name(s): DOB DXLAN R. FLATHMANN ...0,5./31/94 AT,~AN'A C . FLATHINAN2J 10 ~ ~.0 ~ 9 S PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.S Service Type M OM8 No.: 0970-0154 Worker I D $ IATT v SUZANNE E. FLATHMANN, Plaintiff/Petitioner VS. . JOHN C. FLATHMANN, . Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 09-8629 CIVIL TERM IN DIVORCE PACSES CASE: 533111771 NOTICE OF RIGHT TO REQUEST A HEARING 5 ~/ ~G l ~Gf' I r~ The parties are hereby advised that they have until Ausust 8.2010 to request a hearing do novo before the Court. File request in person at: Or mail to: Office of the Prothonotary ~? 1 Courthouse Square ---, =~ ~ Carlisle, PA 17013 ~ ~ ` ° " _ `A _ ~," ~, ~. - a ~_ _.- ~ c Office of the Prothonotary ~oPy +o 1 Courthouse Square 0~0 Carlisle, PA 17013 CC363 ~~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUZANNE E. FLATHMANN, )Docket Number 09-8629 CIVIL? o ~' Plaintiff/Petitioner ) -~-. - ~ =' ~~ _i 1 vs. ) PACSES Case Number 533111771 '-' s= ~ -~ ~..... i _ ~_ JOHN C. FLATHMANN, )Other State ID Number 1\wVl`v `d -.- Defendant/Respondent) - ~ ~;' _ . .~ ORDER OF COURT You, John C. Flathmann of 1200 Kings Circle, Mechanicsburg, Pennsylvania, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 14th of September, 2010, at 10:30 a.m. for a hearing. You are further required to bring to the hearing: 1. 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: CM-509 ~ ~ w FLATHMANN V. FLATHMANN PACSES Case Number 533111771 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: ~ -~ ~~ , Date of Order: `~ 6`~ D M. L. Ebert, Jr., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street 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. CM-509 ~ . '• In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUZANNE E. FLATHMANN, )Docket Number 09-8629 CIVIL Plaintiff/Petitioner ) vs. ) PACSES Case Number 533111771 JOHN C. FLATHMANN, }Other State ID Number Defendant/Respondent ) cis c. ``=~ ~. ORDER OF COURT `-~ ~ ~ T, ~_ c You, Suzanne E. Flathmann of Cumberland County, Pennsylvania, are '" ~ -~` m ~- {. ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing .--? ~ (', d `-..: - Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 14`" of September, 2010, at 10:30 a.m. for a hearing. You are further required to bring to the hearing: 1. 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: CM-509 .f FLATHMANN V. FLATHMANN PACSES Case Number 533111771 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: ~, Date of Order: ~f v((J (b M. L. Ebert, Jr., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street 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. CM-509 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ) Docket Number SUZANNE E. FLATHMANN 09-8629 CIVI@ ° , Plaintiff/Petitioner ) x* C= X'S. ) PACSES Case Number ..r. 533111771 e. r JOHN C. FLATHMANN, ) Other State ID Numbe r Defendant/Respondent) ORDER OF COURT You, Suzanne E. Flathmann of Cumberland County, Pennsylvania, are ordered to appear at the DOMESTIC RELATIONS hearing room. c/o Hearing Room, DOMESTIC RELATIONS OFFICE. 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the l 8t" of October, 2010, at 8:30 a.m. for a hearing. This date replaces the previously scheduled hearing of September 14, 2010. You are further required to bring to the hearing: 1. 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: CM-509 FLATHMANN V. FLATHMANN PACSES Case Number 533111771 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE?, COURT: Date of Order: M. L. Ebert, Jr., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street 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 a1: least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUZANNE E. FLATHMANN, ) Docket Number 09-8629 CI „ Plaintiff/Petitioner ) VS. ) PACSES Case Number 533111771 z?.. r.: ? ) Other State ID Number J014N C. FLATHMANN , Defendant/Respondent) F5 N O' . ORDER OF COURT You, John C. Flathmann of 1200 Kings Circle, Mechanicsburg, Pennsylvania, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room. DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle. Pennsylvania 17013 on the 18`x' of October, 2010, at 8:30 a.m. for a hearing. This date replaces the previously scheduled hearing date of September 14, 2010. You are further required to bring to the hearing: 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 Statement and the appropriate Expense Statement, if required. attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: CM-509 FLATHMANN V. FLATHMANN PACSES Case Number 5.33111771 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCF, PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: tx t ??A ?- M. L. Ebert, Jr., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street 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. CM-509 SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHN C. FLATHMANN, ; Defendant NO. 09-8629 CIVIL TERM IN RE: PETITION FOR HEARING AND EX PARTE TEMPORARY INJUNCTIVE ORDER AND NOW, this 26`x' day of August, 2010, upon agreement of counsel, the hearing previously scheduled in the above matter for August 30, 2010, is rescheduled to Wednesday, November 10, 2010, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, i J. /Wesley Oler, ., J. j /mily Long Hoffman, Esq. 255 Market Street Millersburg, PA 17061 Attorney for Plaintiff /aul B. Orr, Esq. 50 East High Street Carlisle, PA 17013 Attorney for Defendant :rc \ ID C') C c:) n low m -di a -? SUZAI~NE E. FLATHMANN, Plaintiff V. JOHN I~. FLATHMANN, Defendant JOHN I~. FLATHMANN, Plaintiff V. SUZAI'~INE E. FLATHMANN, Defendant SUZAl'~TNE E. FLATHMANN, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :DOMESTIC RELATIONS SECTION PACSES NO. 961111327 DOCKET NO. 1019 SUPPORT 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 796111674 DOCKET NO. 388 SUPPORT 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION JOHN ~. FLATHMANN, :PACSES NO. 533111771 Defendant/Respondent: DOCKET N0.09-8629 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 -Final Protection From Abuse Order Plaintiff's Exhibit No. 2 - Earnings statements ,..~ -~~ ,,., ° -- ~~ ~~ ~ ~~ Plaintiff's Exhibit No. 3 - 2009 joint tax return ; ~ "~ ur -~~ ~ ~~ Plaintiff's Exhibit No. 4 - 2008 local tax return ~ .~ ~~ Plaintiff's Exhibit No. 5 - Self-employment income summary -`'' ~=' ~ Defendant's Exhibit No. 1 -Business advertisement ~:` ~ :. `~ SUZA NE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION JOHN C. FLATHMANN, :PACSES N0.961111327 Defendant DOCKET NO. 1019 SUPPORT 2009 JOHN !G. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION SUZANNE E. FLATHMANN, :PACSES N0.796 1 1 1 674 Defendant DOCKET NO. 388 SUPPORT 2010 SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION JOHN C. FLATHMANN, :PACSES N0.533111771 Defendant/Respondent: DOCKET N0.09-8629 CIVIL ±~ ~ , ~' ~ te INTERIM ORDER OF COURT ~ ~ a - ~.- t' x ~ C] ~7'1 AND NOW, this 20th day of October, 2010, upon consideration of they ~pos~ ~ Master"s Report and Recommendation, acopy of which is attached hereto as Exhit~-=~A", ~{ ~' -~: ~ is ordeied and decreed as follows: ~, ~~ A. B C '!for the period of May 18, 2010 through June 14, 2010 the Husband shall pay to the ~'ennsylvania State Collection and Disbursement Unit as support for his daughter, ''Alana C. Flathmann, born October 20, 1995, the sum of $877.00 per month. !,~or the period of May 18, 2010 through June 14, 2010 the Husband shall pay to the ennsylvania State Collection and Disbursement Unit as spousal support the sum of 1,570.00 per month; said spousal support obligation is suspended effective June 15, 010. ffective July 1, 2010 the Husband shall pay to the Pennsylvania State Collection and isbursement Unit as support for said daughter the sum of $877.00 per month. k , D. ffective July 6, 2010, the Husband shall pay to the Pennsylvania State Collection d Disbursement Unit as alimony pendente lite the sum of $1,570.00 per month. 'I E. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $245.00 per month on arrears until paid in full. F. ' The Husband shall provide health insurance coverage for the benefit of his Wife and children as is available to him through employment or other group coverage at a reasonable cost. G. The monthly support obligation includes cash medical support in the amount of 1$250.00 annually for unreimbursed medical expenses incurred for said children. `Unreimbursed medical expenses of the children that exceed $250.00 annually shall be .allocated between the parties. The party seeking allocation of unreimbursed medical 'expenses must provide documentation of expenses to the other party no later than 1Vlarch 31 sc of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 84% by Husband and 16% by Wife. H. 'Tn the event Husband is paid a bonus in addition to his regular salary, he shall pay a sum equal to 30% of the net amount of said bonus directly to the Wife as alimony ~pendente lite. IMPORTANT LEGAL NOTICE (PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELAI~IONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATEIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPP RT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANI~E OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEMVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATE~IAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF CURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE RE IEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQI~ STED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REV( AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLL WING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANT TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOM TIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPP RT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORD S FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIM NY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFE DANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREA ER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FIND5~THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHF~OLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. ,UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMI~NT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAI~ST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURT ER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDE~2, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR ~ CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/(~R INCOME MAY BE ATTACHED 1N ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by' any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, M. L. Ebert, Jr., J. Cc: Suzanne E. Flathmann John C. Flathmann Emily Long Hoffman, Esquire For the Plaintiff/Petitioner DRO/rj s SUZAlyfNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~ V. .: DOMESTIC RELATIONS SECTION JOHN ~. FLATHMANN, :PACSES NO. 961111327 Defendant :DOCKET NO. 1019 SUPPORT 2009 JOHN ~. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION SUZAI`+1NE E. FLATHMANN, :PACSES NO.796111674 Defendant :DOCKET NO. 388 SUPPORT 2010 SUZAI`~TNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF ;Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION JOHN C. FLATHMANN, :PACSES NO. 533111771 'Defendant/Respondent DOCKET NO. 09-8629 CIVIL SUPPORT MASTER' S REPORT AND RECOMMENDATION 'Following a hearing held before the undersigned Support Master on October 18, 2010, t~e following report and recommendation are made: FINDINGS OF FACT 1. 2. 3. 4.' ',The Wife is Suzanne E. Flathmann, who resides at 309 Antiles Court, M'Mechanicsburg, Pennsylvania. I,The Husband is John C. Flathmann, who resides at 1200 King's Circle, .Mechanicsburg, Pennsylvania. 'The parties were married on August 22, 1992. The parties are the parents of two minor children, Dylan R., Flathmann, born May 31, 1994, and Alana C. Flathmann, born October 20, 1995. EXEIIBIT "A" 5. he parties' daughter currently resides with the Wife, and the parties' son resides ith the Husband in the marital residence. 6. n May 18, 2010 the Wife filed a complaint for spousal support and child support. 7. ~he Wife had filed a complaint for divorce in December, 2009 which complaint ontained a claim for alimony pendente lite. 8. The Wife moved temporarily from the marital residence on or about May 15, 2010 Iwith her daughter but returned approximately one month later. 9. The parties resumed marital relations after the Wife returned to the home. 10. Following a domestic dispute the Wife filed a petition under the Protection From Abuse Act against the Husband on or about June 23, 2010. 11. A consent order on said petition with no admission of allegations was entered on duly 28, 2010. 12. The Wife moved from the marital residence permanently on or about July 1, 2010. 13. The Wife became involved in a sexual relationship with another man soon after knoving from the marital home. 14. The Wife was employed part-time during the marriage as a permanent makeup artist. 15. Since the separation the Wife has continued to be self-employed as a permanent (makeup artist, has become self-employed as a residential cleaning lady, and is eemployed part-time as a makeup consultant in a salon where she earns $9.00 per hour. 16. ,The Wife earns an average of $153.00 per week as a permanent makeup artist, approximately $125.00 per week cleaning a home, and an average of $72.00 per week ras a makeup consultant. 17. The Wife is 51 years of age and is a high school graduate. 18. ;The Wife's tax filing status is head of household with her daughter claimed as a dependency exemption. 19. f The Husband began employment with Wipro Technologies on or about March 15, X010. 20.' The Husband has a base salary of $125,000.00 annually. 21.!I hrough the period of March 15, 2010 through September 30, 2010 the Husband arned $68,215.00. 22. he employer, at its discretion, may pay the Husband incentive bonuses up to 40,000.00 annually based upon production but has not done so to date. 2 23. The Husband pays $200.00 per month for health insurance coverage on the family. 24. The Husband's tax filing status is head of household with his son claimed as a 'dependency exemption ~, DISCUSSION '~ ''Both parents have an obligation to support their children in accordance with their relatives incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). The Wife is working multiple part-time jobs while attempting to increase her business as a pe~rrianent makeup artist.' She currently earns an average of $153.00 per week applying permanent makeup, $125.00 per week cleaning a home, and $72.00 per week as a makeup consultnnt at a salon. Her average weekly income is approximately $350.00, which is approxu~mately what she would earn working full-time as a makeup consultant at $9.00 per hour. 1~Vith average gross monthly income of $1,517.00 and a tax filing status of head of household with her daughter claimed as a dependency exemption, she has net monthly income; for support purposes of $1,415.00.2 The Husband obtained employment in March, 2010 for Wipro Technologies with an annual salary of $125,000.00. Production bonuses are possible, but to date none have been paid. ~IJith gross monthly income of $10,417.00 and a tax filing status of head of household with hij~ son claimed as a dependency exemption, the Husband has net monthly income for suppord purposes of $7,526.00.3 With combined net monthly income of $8,941.00 the basic requira#nent for the support of one child in the custody of Wife is $1,318.00 per month.4 The Husband's proportionate share of that amount is $1,109.00. The Husband receives a downvu~~ard adjustment for health insurance expenses and for his counterclaim for support of the parties' son, who has remained in his custody. His support obligation for his daughter is $877.01 per months The Wife has filed a complaint for spousal support and a claim for alimony pendente lite in the divorce action. Orders for both shall not be in effect simultaneously.b The Wife voluntarily left the marital home on or about May 15, 2010 against the wishes pf her Husband. A dependent spouse who voluntarily departs the marital home has the burden of proving adequate legal cause for leaving before being entitled to an award of spousal) support. McKolanis v. McKolanis, 644 A.2d 1256 (Pa. Super. 1994). he Wife established that in the months preceding her departure from the home the Husb ~ d was exhibiting erratic behavior due to his abuse of prescription medication. ' Perma ' nt makeup is a cosmetic technique which employs tattoos as a means of producing designs on the skin resembl' g makeup, such as eye-lining, eyebrows, lip-lining, and lip-coloration. 2 See Ex ibit "A" for the tax deductions and credits. s See Ex ibit "A" for the tax deductions from gross income. a See Pa R.C.P. 1910.16-3. s See Ex ibit "B" for the guideline calculation. 6 Pa. R. . P. 1910.16-1(c)(1). Specif ally she stated that the Husband accused her of having an affair, called her a whore in the pre ence of the children, disabled her vehicle, and spent excessive amounts of time at a Harris urg strip club. The Husband does not deny that he abused painkillers during this period' f time. He ultimately entered a rehabilitation facility in September for this problem. Under i he circumstances, the Wife has established adequate legal cause to justify her depart re from the marital residence in May. She is, therefore, entitled to an award of spous support from the date of filing until her return to the home on or about June 15, 2010. IThe Wife departed the home again on or about July 1, 2010. Both parties agree that a physic~l altercation took place after her return, but each claims the other was the aggressor. Within,a relatively short period of time after her departure from the marital home, the Wife began ~ sexual relationship with a third party. '~In the opinion of this Master, an award of alimony pendente lite is now appropriate followi~g the July separation. In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. West y Oler discussed the law of Pennsylvania as it relates to the subject of alimony pender a lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other rog unds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). ', In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. i Once a titlement to an award of alimony pendente lite is established, the calculation of the ount of the award is made pursuant to the support guidelines. Little v. Little, 47 C Berland L.J. 131 (1998). i 4 Under the present circumstances the Husband's income far exceeds that of the Wife. She re uires monetary assistance to pursue the divorce action, and the Husband has the present, ability to comply with an APL order. Spousal support and alimony pendente lite are calculated in the same manner. With the Hu band having net monthly income of $7,526.00 and a child support obligation of $877. ~ per month, and the Wife having net monthly income of $1,415.00, the Husband's obliga~ on for both spousal support and alimony pendente lite under the guidelines is $1,570100 per month.g Pa. R.C.P. 1920.31(a)(3) provides that where a claim for alimony pendente lite is made a a count in a divorce complaint rather than in a separate action, the award shall be retroac, ive to the date the moving party delivers a copy of the complaint to the Domestic Relatio s Section with a demand for a hearing. In this case that occurred on July 6, 2010 at the sup ort conference held on the Wife's original complaint for support. RECOMMENDATION I A. !For the period of May 18, 2010 through June 14, 2010 the Husband shall pay to the ~'~Pennsylvania State Collection and Disbursement Unit as support for his daughter, '~Alana C. Flathmann, born October 20, 1995, the sum of $877.00 per month. B. I!;For the period of May 18, 2010 through June 14, 2010 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $1,570.00 per month; said spousal support obligation is suspended effective June 15, 2010. C. Effective July 1, 2010 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as support for said daughter the sum of $877.00 per month. D. affective July 6, 2010, the Husband shall pay to the Pennsylvania State Collection land Disbursement Unit as alimony pendente late the sum of $1,570.00 per month. E. he Husband shall pay to the Pennsylvania State Collection and Disbursement Unit he additional sum of $245.00 per month on arrears until paid in full. F. he Husband shall provide health insurance coverage for the benefit of his Wife and hildren as is available to him through employment or other group coverage at a easonable cost. G. The monthly support obligation includes cash medical support in the amount of ~I 250.00 annually for unreimbursed medical expenses incurred for said children. ~' nreimbursed medical expenses of the children that exceed $250.00 annually shall be ~ See Pa{~R.C.P. 1910.16-4(a). s See Ex ibit "C" for the calculation. 5 allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 84% by Husband and 16% by Wife. H. In the event Husband is paid a bonus in addition to his regular salary, he shall pay a sum equal to 30% of the net amount of said bonus directly to the Wife as alimony pendente lite. Date ~ I ~~ ~~ Michael R. Rundle Support Master 6 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report. Plain: Defe Dock PAC Othe' Tax Ye iff Name: Suzanne E. Flathmann dant Name: John C. Flathmann t Number: 1019 S 2009 ES Case Number: 961111327 State ID Number: r: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Head of Household Head of Household 3. Who Claims th Exem tions Customize 4. Number of Exe' ptions 2 2 5. Monthl Taxabl Income $10416.70 $1,517.00 6. Deductions Me od Standard Standard 7. Deduction Amq nt $700.00 $700.00 8. Exem tion Am unt $608.34 $608.34 9. Income MINUS Deductions and Exem tions $9,108.36 $208.66 10. Tax on IncomE $1,847.71 $20.87 11. Child Tax Cred t $83.33 $20.87 12. Manual Ad'ust ents to Taxes - - 13. Federal Incom' Taxes $1,764.38 -$152.33 13 a. Earned Inco, a Credit - $152.33 14. State Income axes $319.79 $46.57 15. FICA Pa ment $702.84 $192.56 16. City Where Ta es Apply --Select-- --Select-- 17. Local Income axes $104.17 $15.17 TOTAL Taxes $2 891.18 $101.97 SupportCalc 2010-5-12 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet (Revised May 12, 2010) Rule 1910.16-1, et se . Defendant Name: John C. Flathmann Docket Number: 1019 S 2009 PACSES Case Number: 961111327 Plaintiff Name: Suzanne E. Flathmann n«.e. ~.,~s in wi....,ae.. Benefit Line 6) 10. Basic Child Sul From Rule 1910 1 &3 11. Net Income as 12. Each Parent's t 13. Adjustment for 14. Adjustment for 15. _Adjustment_for 16. A_dj_ustment for __.~.. ~_ 17. Adjustment_for 18. Total Obli atioi 19 Less Split Cusf 20. Obligor's Supp Prepared bv: mrr t Obligation Child Support Schedule (Table Rev. 5/2010) rcentage_of Combined Amount _hly Share of the Child Support Obligation red CUStody Rule 1910._16 4 (c) (# of Overrnghts: ) d Care Expenses Rule 1910. ~s-s~a~ Ith _Insurance Premiums _ Rule _1s~o.ls-s (b) _ eimbursed Medical Ex enses Rule 1910.16-6 (c) itional Expenses Rule 1910.16-6 (d) .h A~ djustmentS Line 12 minus Line 13~us Lmes 14,15,16,17 Counterclaim Rule 1910 16 4 (d) >bligation Line 18 minus Line 19, ~-, ~ ~ - $1,318.00 84.17 15.83 $1,109.36 $208.64 -$23.75 ._.~..__-iw ..._.-." 1 - ~~ , ~ $1,085.61 ' .........$208..64 _... . $876.97 Date: 10/18/2010 Summar Re ort S1 PACSES Multipf Family Adjustment S2 Spousal Suppo Award _ __. - _...... _ _ _~ $1,570.06 ... _ ........~...._...._~. ~...v. S3 Adtustment for cess Mortgage Payments (If Applicable) ~ - S4. Custodial Paren Spousal Support Obligation (if Applicable) (-) - S5. Ad'usted Su I ppo' Obligation ~ Monthly: ~ Weekly: Line 20 (or S1, if applic ble) plus Line S2 and S3 minus S4 (if applicable) $2,7.03 i $563.18 TAX INFORMAT N ~ Tax Method ~ Film Status ~ Exemptions S6 Defendant_ _ _ _ ~ _ 1040 ES _ „_ ......,,..Head of Household ~ _~ 2 S7 Plamt~ff _... ~ Manual ~ Sm le 9 ~_......_ . _..... ~ _.. 2 --. ... S8. Total Support A _ ......... ount if Deviating from Guidelines Calculation ........ Monthly: _ .. _._......... Y.._. ~ Weekl ( _ S9. Justification for SupportCalc 2010-5-12 from Guidelines Calculation andlor Other Case Comments: EXHIBIT "B" in the Cou~t of Common Pleas of Cumberland County, Pennsylvania Spousal. Support Calculation Rule 1910.16 (PACSES FORMAT} PI D D P . Oti intiff Name: Suzanne E. Flathmann endant Name: John C. Flathmann cket Number: 1019 S 2009 CSES Case Number: 961111327 er State ID Number: 1. Obli or's Monthl Net Income $7,525.52 2. Less All Other Su ort - 3. Less Obli ee's M nthl Net Income $1,415.03 4. Difference '' $6,110.49 5. Less Child Suppq Without Part 11 S~ Obligation for Current Case stantial or Shared Custod Ad'ustment $876.97 I 6. Difference ~ $5,233.52 7. Multi I b 30% q 40% 30.00% 8. Income Available'I or S ousel Su ort $1,570.06 9. Ad'ustment for O er Ex enses - 10. AMOUNT OF M NTHLY SPOUSAL SUPPORT OR APL $1,570.06 Pre ared b : mrr ~ Date: 10/18/2010 SupportCalc 2010-5-12 EXHIBIT "C" 1' ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. Of CUMBERLAND Date of Order/Notice 10/20/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number WIPRO TECHNOLOGIES sTE aaoo 2 TOWER CENTER BLVD EAST BRUNSWICK NJ 08816-1100 262-79-1465 Employee/Obligor's Social Security Number 6921102213 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated w#h cases on attachment) Custodial Parent's Name (Last, First, MD See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an OrderlNotice 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/Nottrocce i~,~ot ~, issued by your State. ~~ ~: .,~~ ,~ ._, $ s~~. oo per month in current child support ~cO ~ ~-~ $ ss. oo per month in past-due child support Arrears 12 weeks or greater? es ~ till== $ o . oo per month in current medical support _~~ sv ~ $ o. oo per month in past-due medical support ' ~ ~ ~ $ s, i40 . oo per month in current spousal support `o ,.~ , '~~. .", $ is~.oo per month in past-due spousal support ".~~~ ~~ $ o . oo per month for genetic test costs r ~ -- -,~r~-t $ zo . oo per month in other (specify) court costs and tees 4M . $ one-time lump sum payment -~ for a total of $ 4, 282.00 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: $ 988.15 per weekly pay period. $ 2, 141. oo per semimonthly pay period (twice a month) $ 1976.31 per biweekly pay period (every two weeks) $ 4 , 2a2 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 /N ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MA1L. ~ ~ ~\ BY THE COURT: \Yy M . L . Etaert , Jr . , DRO: R.J. Shadday Service Type M OMB No.: 0970-0754 961111327 1019 S 2009 09-8629 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE: FLATHMANN, JOHN C. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev.5 Worker ID $IATT I" ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If ~rhecked you are required to provide a~opy of this form to your~employee. If your employee works in a state that is di Brent from the state that issued this or er, a copy must be provi ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separate{y identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Emp{oyee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligorand 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%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 7555100273 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : (] THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S NAME:FLATHMANN, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 6921102213 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRE DATE OF SEPARATION: FINAL PAYMENT AMOUNT• 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligorfrorn employment, refusing to employ, or taking disciplinary action against any employee%bligorbBcause of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: t) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55°!° and that 60% limit is increased to 65°!° if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)}. Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type 1`'t OMBNO.:0970-0154 Worker ID $IATT ~-- ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FLATHMANN, JOHN c. PACSES Case Number 533111771 Plaintiff Name SUZANNE E. FLATHMANN Docket Attachment Amount 09-8629 CIVIL$ 1,727.00 Child(ren)'s Name(s): DOB PACSES Case Number 961111327 Plaintiff Name SUZANNE E. FLATHMANN Docket Attachment Amount 01019 S 2009 $ 2,555.00 Child(ren)'s Name(s): DOB ALANA C. FLATHMANN 10/20/95 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): ppg Addendum Form EN-028 Rev.S Service Type M $IATT OMB No.: 0970-0154 Worker I D In the Court of Common Pleas of ~~BE~,~ County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Defendant Name: JoI-Ili C . FLATHMANN Member ID Number: 6921102213 Please note: All correspondence must include the Member ID Number. Fax: (717)240-6248 MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Attachment Amount/Freauencv SUZANNE E. FLATHMANN 533111771 09-8629 CIVIL $ 1,727.00 fMONTH SUZANNE E. FLATHMANN 961111327 01019 S 2009 $ 2,555.00 MONTH $$ f $ / `' f ~ i^-~ / ~~ -~" ~ $ f ~' ~-C~.~i ~' ~~"~'~ TOTALATTACHMENTAMOUNT: $ 4,282.00 C~ ~.° ~- ~: `. ~ I~by Order of this Court, the Department of Labor and Industry, Office of Unemployment ~ orens~Benefits (OUCB), is hereby directed to attach the lesser of $ 985.45 ~per~+eek~5 . o %, of the Unemployment Compensation benefits otherwise payable to the Defendant, rya JO~Q Cc~ FLATHMANN Social Security Number XXX-XX-1465 ,Member ID Number 6921102213 OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated APRIL 12, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT OC7 2 1 2010 ~ ~,, Date of Order: ~~~~ M. L. EBERT, JR. , JUDGE DRO : F2. J . SHADDAY Service Type ly Form EN-034 Rev.2 Worker ID $ IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/DISt.Of CUMBERLAND Date of Order/Notice 10/25/10 Case Number (See Addendum for case summary) EmployedWithholder's Federal EIN Number WIPRO TECHNOLOGIES STE 2200 2 TOWER CENTER BLVD EAST BRUNSWICK NJ 08816-1100 262-79-1465 Employee/Obligor's Social Security Number 6921102213 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mq See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. ;-a ~ " e; $ a~~.oo per month in current child support _ ~ o --t $ ss. oo per month in past-due child support Arrears 12 weeks or greater? ~~ ~ n¢~~"+ $ o.oo per month in current medical support -~~ -t -~~ $ o.oo per month in past-due medical support r'r',r~,,,. ~ _~~ $ 1, 5~0 . oo per month in current spousal support ~~~"' ~ °-j~ $ 1s~.oo per month in past-due spousal support ::~~; ~ ~~ y $ o . oo per month for genetic test costs °.~` ~ ~ $ 20. oo per month in other (specify) Court costs and fees a>~ ~°' $ one-time lump sum payment `~ ,r_:r, ~:: . _. for a total of $ 2, 712.00 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: $ 624.13 Per weekly pay period. $ 1, 3s6. oo per semimonthly pay period (twice a month) $ 1, 248.26 per biweekly pay period (every two weeks) $ 2, X12 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55°10 of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. ~ 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. _ r BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 96111].327 107.9 S 2009 09-8629 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE:FLATHMANN, JOHN C. Employee/Obtigor's Name (Last, First, Mq Form EN-028 Rev.S Worker ID 21205 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS tf hecke~ you are required to provide a copy of this form to your mployee. If yo r employee works in a state that is di~erent from the state that issued this order, a copy must be provi~ed to your empYoyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each em ployee%bl igor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydateldate of withholding when sending the payment. The Paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* EmployeelObligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) S. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 7555100273 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: l~ EMPLOYEE'S/OBLIGOR'S NAME: FLATHMANN, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 6921102213 DATE OF SEPARA710N: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: fINAI PAYMENT AMOUNT• NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA} (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50°f° limit is increased to 55°1° and that 60°/° limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than t2 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.S Service Type M OMB No.:0970-0154 Worker ID 212os ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FLATHMANIV, JoxN c . PACSES Case Number 533111771 Plaintiff Name SUZANI3E E. FLATHMANN Docket Attachment Amount 09-8629 CIVIL$ 1,727.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Form EN-028 Rev.S Worker ID 21205 In the Court of Common Pleas of Cu1~Ext,AND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: Jo1~nQ C. FLATHMANN Member ID Number: 6921102213 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Attachment AmoundFreauencv SUZANNE E. FLATHMANN 533111771 09-8629 CIVIL $ 1,727.00 /MONTH u'~TZAIJI~,, E. ~,F.I,ATHMANN 961111327 01019 S 2009 $ 985.00 MONTH '-"} c`- a"' ~ ~" TOTAL ATTACHMENT AMOUNT: $ 2 , 712.0 0 ~ I.r..` la.. ~ Nom, by Order of this Court, the Department of Labor and Industry, Office of Unemployment compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 624.13 per week, or 5 5 . o ~ > of the Unemployment Compensation benefits otherwise payable to the Defendant, JOLT C. FLATHIKANN Social Security Number XXX-XX-1465 ,Member ID Number 6 9 2 ~ 102 213 OUCB is ordered to remit the amount attached to the Department of Public Welfaze (DPW). DPW shall forwazd the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support azreazages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arreazage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated APRIL 12 , 2 0 0 9 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: O C T 2 6 2 010 M. L. EBERT, JR. , JUDGE DRO: R.J. SHADDAY Service Type M Form EN-034 Rev.2 Worker ID $ IATT L/10/10 07:09AM PST -> Robin 7172585289 Pg 2/2 SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 8629 JOHN C. FLATHMANN, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT tS l (o d r ? Wo ve 6o , .2 ° I ' J AND NOW, upon agreement of the parties' counsel, it is ordered and directed as follows: 1. The hearing scheduled for Wednesday, November 10, 2010, is hereby continued generally. This matter may be rescheduled upon either party's request. 2. The provisions of this Court's Order entered on July 2, 2010, shall remain in full force and effect with the exception of Paragraph 4 therein. Ivnf-nW ?? "g- "m / I?A g. tFs >? < LAC,, ;rm C,n r-- r-- Zt n° " z0 5;c= x N 0 C rn -v w rn Q ?rn ?d C7 , -4p 0 or" BY THE COURT, Emily Long Hoffinan, Esquire Attorney I.D. #66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Plaintiff SUZANNE E. FLATHMANN, Plaintiff/Petitioner JOHN C. FLATHMANN, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1920.43 AND FOR CONTEMPT OF COURT 'a f4l r-1 C fi r a T? UL, AND NOW, comes Plaintiff/Petitioner, SUZANNE E. FLATHMANN, by and through her attorney, Emily Long Hoffman, Esquire, and files this Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43 and in support thereof avers as follows: 1. Petitioner is Suzanne E. Flathmann (hereinafter "Wife"), who currently resides at a rented property in Mechanicsburg, Pennsylvania, where she has resided since July 2010. 2. Respondent is John C. Flathmann (hereinafter "Husband"), who is currently incarcerated and believed to be residing at Cumberland County Prison. 3. The parties own the marital home located at 1200 Kings Circle, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17050, which they have owned since 1994. 4. On June 30, 2010, Husband filed a Petition requesting an Order to prevent either party to transfer possession or ownership of marital property to a third party and to dissipate or diminish the value of, any marital property. $76. ua P d Jji q 908821 5. On November 16, 2010, and July 2, 2010, this Honorable Court entered Orders that precludes either party from transferring possession and ownership of marital property to a third party and from dissipating, encumbering or otherwise diminishing the value of, any marital property and those Orders are attached hereto and incorporated herein as Exhibit "A" and "B". 6. Since Wife moved from the property in early 2010, Husband has had possession of the marital home. 7. The parties are in the discovery phase of the divorce. 8. The current mortgage on the property is in the approximate amount of $180,000 and is $1,555.90 per month. 9. It is believed that the 2010 School taxes on the property in the approximate amount of $4,000 is due and owing. 10. The December 2010 payment on the mortgage is due and owing. 11. On February 1, 2011, the mortgage was paid as normal via Husband's account. 12. On February 15, 2011, the payment was reversed by Husband and therefore the mortgage is now two payments behind. 13. Husband requested that the lender put a foreclosure action in place on the fast tract. 14. It is believed that Husband intends to have the home placed in foreclosure so that he may access the funds in his 401k. 1.5. It is believed that Husband is to be released from prison on April 15, 2011. 16. Since Husband has been in possession of the home and since the court Order was entered, Husband has dissipated and diminished the value of the marital home. 17. The Hampden Township police have been called to the residence on many occasions for disturbance due to his all night parties. 90882 1 18. The home, which was immaculate when Wife vacated the premises, is now in deplorable condition replete with holes punched into the walls. 19. It is believed that Husband is no longer employed. 20. Houses in the neighborhood of the parties' five bedroom home are selling in the range of $300,000 to $350,000. 21. Wife does not have the financial means to bring the mortgage current. 22. Wife is in the process of obtaining an expert to value the fair market value of the home. 23. Wife has incurred reasonable attorneys fees and costs in bringing this action. 24. The Honorable J. Wesley Oler has previously heard and ruled on this action. WHEREFORE, Plaintiff/Petitioner requests that this Honorable Court enter an Order: a. directing the Defendant/Respondent to immediately sign all documents necessary to list for sale the property located at 1200 Kings Circle, Mechanicsburg, Pennsylvania at the fair market value as determined by Wife's expert; b. directing the Defendant/Respondent to sign all documents necessary to sell the property at an amount as recommended by Wife's expert; c. directing the Defendant/Respondent to bring current the Mortgage on the Mechanicsburg property and make prompt payments thereon until the economic claims of the divorce are fully and finally resolved; d. to adjudge Defendant/Respondent in contempt of the Court Orders of July 2, 2010 and November 16, 2010; e. to require Defendant/Respondent to pay Plaintiff/Petition's reasonable attorney fees and costs for bringing this action. 90882 1 Respectfully submitted, "- , b? - Emily ng Hoffman, Esquire Sup. Ct. ID # 66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Defendant Date: February 24, 2011 90882 1 SUZANNE E. FLATHMANN, Plaintiff V. JOHN C. FLATHMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-8629 CIVIL TERM IN RE: PETITION FOR HEARING AND EX PARTE TEMPORARY INJUNCTIVE ORDER AND NOW, this 2°d day of July, 2010, upon consideration of Defendant's Petition for Hearing and Ex Parte Temporary Injunctive Order, it is ordered and directed as follows, pending further order of court: 1. Neither party shall (a) transfer possession or ownership of to a third party, (b) dissipate, (c) encumber, or (d) otherwise diminish the value of, any marital property; 2. Neither party shall secrete the location -of any marital property from the other party; 3. Nothing in this order is intended to preclude either party from placing, or causing to be placed, an item of marital property in storage, so long as the item is equally accessible to the other party; and 4. A hearing on the petition is scheduled for Monday, August 30, 2010, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE J. esley Ol K , Jr., J. TRUE COPY FROM RECORD Iw Tasomoay wha a t haw wMo aat aN hand =d9w_ af*W at Ps ?s__a ?,t aa1? AV for /10/10 07:09AM PST -> Robin SUZANNE E. FLATHMANN, Plaintiff JOHN C. FLATHMANN, Defendant 7172585289 Pg 2/2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 8629 CIVIL ACTION - LAW IN DIVORCE S ORDER OF COURT t c s l r? ¢? m vc, ov 1 2 o10 AND NOW, upon agreement of the parties' counsel, it is ordered and directed as follows: P- 1. The hearing scheduled for Wednesday, November 10, 2010, is hereby continued generally. This matter may be rescheduled upon either party's request. 2. The provisions of this Court's Order entered on July 2, 2010, shall remain in full force and effect with the exception of Paragraph 4 therein. BY THE COURT, Jey Oler, Jt/, J. i C = -M cn ?' ? m D cr, o C= W Q r7i c,? D CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the attached document on Plaintiff by first class U.S. mail as addressed below: John C. Flathmann Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 Date: February 24, 2011 By: Emily Lo o finan 90882 1 SUZANNE E. FLATHMANN, Plaintiff V. JOHN C. FLATHMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 09-8629 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF PURSUANT TO Pa. R.C.P. 1920.43 AND FOR CONTEMPT OF COURT ORDER OF COURT AND NOW, this 28h day of February, 2011, upon consideration of Plaintiff's Petition for Special Relief Pursuant to Pa. R.C.P. 1920.43 and for Contempt of Court, a hearing is scheduled for Friday, May 13, 2011, at 3:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT Emily Long Hoffman, Esq. 255 Market Street Millersburg, PA 17061 Attorney for Plaintiff John C. Flathmann Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Defendant, pro Se : rc eor -0 e,5 ma J eel o`t/a ?-- /// 'q t J( esley Ole , J. ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania 961111327 Co./City/Dist. of: CUMBERLAND 1019 S 2009 Date of Order/Notice: 03/16/11 Case Number (See A e?for case summary) Employer/Withholders Federal EIN Number WIPRO TECHNOLOGIES STE 2200 2 TOWER CENTER BLVD EAST BRUNSWICK NJ 08816-1100 RE: FLATHMANN. JOHN C 09-8629 CIVIL 0 Original Order/Notice Q Amended Order/Notice 0 Terminate Order/Notice 0 One-Time Lump Sum/Notice Employee/Obligors Name (Last, First, MI) 262-79-1465 Employee/Obligoes Social Security Number 6921102213 Employee/Obligors Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ Pl%ri ?'y? Je You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CAS BY1L. BY THE COURT: q M. L. Ebert, Jr., Judge ( DRO: R.J. Shadday OMB No.: 0970-0154 Service Type M , P., Arrears 12 weeks or greater?.. Q ye, 0 0.00 per month to be forwarded to payee below. Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS n If checked you are required to provide a copy 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 employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 7555100273 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: FLATHMANN, JOHN C. EMPLOYEE'S CASE IDENTIFIER: 6921102213 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: FLATHMANN, JOHN C. PACSES Case Number 533111771 Plaintiff Name SUZANNE E. FLATHMANN Docket Attachment Amount 09-8629 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number 961111327 Plaintiff Name SUZANNE E. FLATHMANN Docket Attachment Amount 01019 S 2009 $ 0.00 Child(ren)'s Name(s): DOB ALANA C. FLATHMANN 10/20/95 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name PACKS Case Number Plaintiff Name Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT V .?dhh C, r\ C- i YV0, 2 nd?-g?zq MOTION TO CONTINUE HEARING' - FOR SPECIAL RELIEF co AND NOW COMES the Defendant John C. FlathmannPPcoSSe ^.' requesting a continuance to Special Relief Hearing and in - support there of Avers as follows: 1. The Defendant John C. Flathmann-is currently incarrcerated in th Cumberland County Prison. 2. The Plantiff Suzanne E. Flathmann currently resides at a rented property in Mechanicsburg Pa. . Where she Has resided since July 2010. The Honorable Cumberland County Courts Have set a hearing date on this matter for May 13, 2011. 4. The Petitoner will be released fro Cumberland County Prison on April 115,2011, 5. The Defeidant asks this Honor Court to Continue the Hearing for 30-days so he may make certain that he is in a financial postion at the time of the hearing to satisfy the Plantiff 6. The Defendant needs this continuance so he may have e time to retain an attorney. 7. Defendant agrees to Have Mortage brought current by the time of the hearing. 0 8. The Defendant agrees to have any minor damage to the property repaired before said hearing. 9. The defendant agrees to resume alimony and support payments upon his release. 10. The Defendant agrees to have his own experts determine fair market value for the home so both patties will have affair and just appraisal of homes value. 11. The Defendant should not have to pay plantiffs attorneys fees because Plantiff has brought forth this action. 12. The Defendant has made several prior attempts before this action was filed to resolve Financial and Divorce issues with Plantiff to no resolve. 13. The Plantiff is responsable to the Defendant for at least half of the Maritial responsabilities Local income taxes, Federal income taxes, Prperty taxes and a home equity loan on property. X 6/?( ? / Date Signature ATTACHMENT September 2010 Defendant Requested via Emily Hoffman for Mrs. Flathmann to refeinace line of Credit so both Defendant and Plantiff could both Take equal amount of cash from equity of property. Ms. Hoffman communicated that they would only do this if Plantiff could have 70% of what ever cash equity was received. October 2010 Defendtrequested that the Plantiff allow Defendant threw Ms. Hoffman to refinace to allow him to refinance so he could make intrest only payments on Mortage until Divorce settlement was reached, Mrs. Flathmann rejected this. October - November 2010 Made Offer to Bye Mrs. Flathmanns equity in Property. Ms. Hoffman Rejected stating that appffa$al Valueowas to low. November - December 2010 I requested that Ms. Hoffman obtain Compparibles on apprasals value so we could settle Property to no avail. December 2010 Made several attempts to Get offers from Ms. Hoffman and Mrs. Flathman but was ignored. March 2011 The Plantiff Mrs. Flathmann and her attornieyv Knowing that I am Incarcerated at this time are trying to oppress the defendant into settlement at this time when he can not be representedte,' adequately by counsel. For these reasons the Defendant asks the Court for the continuance requested in his Petition. Verification I, the pettioner have duly desposeht says the aforesaid aversments are true and correct to the very best of my beleif knowledge or information. Certificate of Service I Hereby Certify that I am this day serving upon the persons listed and in the manor indicated below. The manner of service satisfies the requirements of Pa. R. Crim. P. 576. Date 311611 CC. Honorable judge prothonatary ? Emily Ho6finan esq. Suzzane Flathmann Petition( Join C. F Amax IIc)) O' ,i1M'1't-eri t' O 0a4r-eJe, PA tzars SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-8629 CIVIL TERM JOHN C. FLATHMANN, IN DIVORCE c v s-_ Defendant/Respondent PACSES CASE: 533111771 ORDER, OF COURT AND NOW, this 21st day of March, 2011, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,368.33 and the Respondent's monthly net income/earning capacity is $ 7,222.88, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand One Hundred Twenty-one and 00/100 Dollars ($ 1,121.00) per month payable bi-weekly as follows: $ 964.00 per month for Alimony Pendente Lite and $ 157.00 per month on arrears. First payment due on or before April 20, 2011. The effective date of the order is February 3, 2011. Arrears set at $ 4,263.63 as of March 21, 2011. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Suzanne E. Flathmann. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the spouse that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 82 % by Respondent and 18 % by Petitioner. [X] Respondent [X] Petitioner [] Neither parry to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [X] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 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. Other conditions: This Order considers that the parties' minor child, Dylan, has resided with the Petitioner since February 3, 2011 and the child support increased for his care under PACSES #961.111327. Should the child return to the care and custody of the Respondent, the Support Master's order of October 20, 2011 will be reinstated. Both parties shall provide medical insurance coverage, if available at a reasonable rate.. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. Mailed copies on: March 21, 2011 BY THE COURT -- U4 M. L. Ebert, Jr., J. Petitioner Respondent Emily Long Hoffman, Esq. DRO: R.J. Shadday In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: JOHN C. FLATHMANN 3 Member ID Number: 6921102213 xco Please note: All correspondence must include the Member ID Number. Zr r v, Financial Break Down of Multiple Cases oIn Attachment -< (.t1 PACKS Docket Attachment Amount/Frequency Plaintiff Name Case Number Number SUZANNE E. FLATHMANN 533111771 09-8629 CIVIL 1,121.00 / MONTH SUZANNE E. FLATHMANN 961111327 01019 S 2009 1,452.00 MONTH TOTAL ATTACHMENT AMOUNT: $ 2,573.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment rnr- -Urn a° 74 4-n ?n Compensation Benefits (OUCB), is hereby directed to attach the lesser of $592.14 per week, or 55.0%, of the Unemployment Compensation benefits otherwise payable to the Defendant, JOHN C. FLATHMANN Social Security Number XXX-XX-1465, Member ID Number 6921102213. OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated APRIL 12, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: MAR 2 Service Type M BY THE COURT N -t ?44? - M. L. EBERT, JR., JUDGE Form EN-034 Worker ID $IATT SUZANNE E. FLATHMANN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV NNIA Q " c _S o3v a V. CIVIL ACTION - LAW r? =-? JOHN C. FLATHMANN, w ?v Defendant NO. 09-8629 CIVIL TERM ? ° _o - IN RE: DEFENDANT'S MOTION TO CONTINUE HEARING''= © ,"" FOR SPECIAL RELIEF -< w ORDER OF COURT AND NOW, this 22nd day of March, 2011, upon consideration of Defendant 's Motion To Continue Hearing for Special Relief, a Rule is hereby issued upon the Plainti ff to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. Emily Long Hoffman, Esq. 255 Market Street Millersburg, PA 17061 Attorney for Plaintiff John C. Flathmann Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Defendant, pro Se *ivs IvT ors :rc BY THE COURT, a Emily Long Hoffman, Esquire Attorney I.D. #66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 SUZANNE E. FLATHMANN, Plaintiff/Petitioner Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 JOHN C. FLATHMANN, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO CONTINUE HEARING AND NOW, comes Plaintiff, SUZANNE E. FLATHMANN, by and through her attorney, Emily Long Hoffman, Esquire, and files this Response to Defendant's Motion to Continue Hearing: <-) -_, C= 1. Admitted. ?m `3-V =70 cnr' = Mrn ca 2. Admitted. rte- cn I 3. Admitted. c-s a S C) r n 4. This is a response to which Plaintiff has no information. co 5. Denied. It is denied that Defendant has the capability to rectify his finances despite his assertions that he can do so. Furthermore, the mortgage has been unpaid for two months and will be in foreclosure status by the time Defendant is released from jail. Defendant recently claimed in Domestic Relations that he could pay off the mortgage arrears yet did not specify a plan of action to do so other than he will look for a job once he is released. By then it will be too late as the property will be in foreclosure. 90882 1 6. Denied. It is denied that Defendant needs time to retain an attorney as he has had several months to do so and it is believed that he does not have the finances to retain an attorney. 7. Denied. It is denied that Defendant is capable of bringing the mortgage current by the time of the hearing in that he represented to Domestic Relations that he lost his job. 8. It is denied that Defendant has the capability to repair the home in that he has no funds. 9. Admitted. We are hopeful that he can resume payments but at this point he is in arrears in the approximate amount of $7,000. 10. Denied. It is denied that Defendant will have the funds to do so in that he is not employed. 11. Denied. It is denied that Defendant should not have to pay Plaintiffs attorneys fees because Plaintiff was forced to bring the action where Defendant is dissipating the marital property in derogation of a court order. 12. Admitted. The parties are in dispute regarding the various issues. 13. Denied. It is denied that Plaintiff is currently responsible for at least half of the Marital responsibilities local income taxes, federal income taxes, property taxes and a home equity loan on property. By way of further explanation, these are issues for equitable although currently Plaintiff is responsible for the expenses related to the property as he was residing in the property and dissipated the property. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order denying Defendant's request to continue the hearing. 908821 Respectfully submitted, Emi y Lon offinan, Esquire Sup. Ct. ID # 66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Defendant Date: April 4, 2011 90882 1 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the attached document on Plaintiff by first class U.S. mail as addressed below: John C. Flathmann Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 Date: April 4, 2011 By: Emi y Long H ffinan 90982 1 SUZANNE E.FLATHMANN, : COURT OF COMMON PLEAS plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION Cl) q VS -p3 -- --? _ rnco Zrn U. Z rn- rn JOHN C. FLATHMANN NO. 09-$629 CIVIL TERM --<3 u7 0? defendant : IN DIVORCE _<? =? PACSES CASE: 5331111771 z? CDn " A? ? grC ?7 NOTICE OF APPEAL AND NOW THIS THE 2nd day of April, 2011, I John Flathmann come before said court: I am requesting an appeal hearing be scheduled in the above matter, as pursuant to a do novo, before the Court. Respectfully submitted, John C. Flathmann 1101 Claremont Rd. Carlisle, Pa. 17015 In the Court of Common Pleas of CUMBERLAND County, Pennsyl"nom DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 r ? ?' CT+ Defendant Name: JOHN C. FLATHMANN Member ID Number: 6921102213 ? rN) Please note: All correspondence must include the Member ID Number.' -,a Financial Break Down of Multiple Cases on Attachment SUZANNE e. FLATHMANN SUZANNE .FLATHMANN PACSES Docket Case Number Numb Attachment Amount/F=uencv 533111771 09-8629 CIVIL 1,121.00 / MONTH 961111327 01019 S 2009 1,452.00 MONTH TOTAL ATTACHMENT AMOUNT: $ 2,573.00 d.zy --4 Cc ?.l Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 592.14 per week, or 55%, of the Unemployment Compensation benefits otherwise payable to the Defendant, JOHN C. FLATHMANN Social Security Number XXX-XX-1465, Member ID Number 6921102213. OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OU B to the Domestic Relations Section of this Court for support and/or support arrearages. 1the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S. . § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). his Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain i effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Applicati n for Benefits dated APRIL 17, 2011 is exhausted, expired or deferred. UCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section this Court. BY THE COURT Date of Order: APR 2 6 2011 --1k -t ?" V . L . Eber+, -Lr JUDGE Form EN-530 Service Type M Worker ID $IATT SUZANNE E. FLATHMANN, Plaintiff V. JOHN C. FLATHMANN, Defendant SUZANNE E. FLATHMANN, Plaintiff/Petitioner V. JOHN C. FLATHMANN, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 961111327 DOCKET NO. 1019 SUPPORT 2009 IN THE COURT OF COMMON PLEAS r CUMBERLAND COUNTY, PENNSYL I DOMESTIC RELATIONS SECTION PACSES NO. 533111771 zo = DOCKET NO. 09-8629 CIVIL INTERIM ORDER OF COURT AND NOW, this 26th day of May, 2011, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. For the period of February 24, 2011 through April 15, 2011, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Dylan R. Flathmann, born May 31, 1994, and Alana C. Flathmann, born October 20, 1995, the sum of $1,595.00 per month. B. For the period of February 24, 2011 through April 15, 2011, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $1,411.00 per month. C. Effective April 16, 2011, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for said daughter the sum of $224.00 per month. D. Effective April 16, 2011, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $241.00 per month. E. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $50.00 per month on arrears until paid in full. F. The Plaintiff shall provide health insurance coverage for the benefit Alana as is available to her through employment or other group coverage at a reasonable cost. r -n o;' -ern c? G. The Defendant shall provide health insurance coverage for the benefit of Dylan as is available to him through employment or other group coverage at a reasonable cost. H. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 63% by Husband and 37% by Wife. 1. In the event that the Defendant has not reported new employment after the expiration of 90 days from the date of this order, the Plaintiff may file a petition for modification for a review of the Defendant's job seeking efforts. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, ? L, L. Ebert, Jr., J. Cc: Suzanne E. Flathmann John C. Flathmann Emily Long Hoffman, Esquire For the Plaintiff/Petitioner DRO/rj s SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOHN C. FLATHMANN, PACSES NO. 961111327 Defendant DOCKET NO. 1019 SUPPORT 2009 SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOHN C. FLATHMANN, PACSES NO. 533111771 Defendant/Respondent DOCKET NO. 09-8629 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on May 25, 2011, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Suzanne E. Flathmann, who resides at 309 Antiles Court, Mechanicsburg, Pennsylvania. 2. The Defendant is John C. Flathmann, who resides at 1200 King's Circle, Mechanicsburg, Pennsylvania. 3. The parties were married on August 22, 1992. 4. The parties are the parents of two minor children, Dylan R. Flathmann, born May 31, 1994, and Alana C. Flathmann, born October 20, 1995. 5. By order dated October 20, 2010 the Defendant became obligated to pay support for his daughter, Alana, in the amount of $877.00 per month. 6. In October, 2010 the parties' son, Dylan, was residing with the Defendant. 7. By order dated October 20, 2010 the Defendant became obligated to pay alimony pendente lite in the amount of $1,570.00 per month. 8. In October, 2010 the Plaintiff was found to have had net monthly income :For support purposes of $1,415.00. EXHIBIT "A" 9. There have been no material or substantial changes of circumstances in the Plaintiff's income. 10. In October, 2010 the Defendant was found to have had net monthly income for support purposes of $7,526.00. 11. On or about January 15, 2011 the Defendant was sentenced to 90 days of incarceration for indirect criminal contempt in that he was found to have violated the terms of a Protection From Abuse order. 12. In early February, 2011, Dylan began residing with the Plaintiff. 13. On February 24, 2011 the Plaintiff filed a petition for modification of the child support order. 14. Nothing precluded the Plaintiff from filing her petition earlier than February 24, 2011. 15. On February 28, 2011 the Defendant filed a petition for modification of the support order. 16. On or about February 2, 2011 the Defendant's employer, Wypro Technologies, terminated his employment because of his unavailability to work. 17. The Defendant was released from incarceration on or about April 15, 2011. 18. The Defendant applied for and began receiving unemployment compensation benefits in the amount of $573.00 per week effective April 17, 2011. 19. The Defendant has submitted approximately 100 applications for employment since his release from prison and has had approximately 12 job interviews. 20. The Defendant has not been successful in obtaining new employment. 21. The parties' son returned to his father's residence on or about April 15, 2011. 22. The Plaintiff provides health insurance coverage on Alana through her employment at no monetary cost. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Mackay v. Mackay, 984 A.2d 529 (Pa. Super. 2009). The change in custody of Dylan and the Defendant's loss of employment together justify a modification in the support order. 2 The net monthly income of the parties had not changed since the entry of the support order on October 20, 2010 until the Defendant's incarceration. With the Plaintiff having net monthly income of $1,415.00 and the Defendant having net monthly income of $7,714.00, the Defendant's obligation for the support of two children is $1,595.00.1 With the incomes of the parties as set forth above and a child support obligation of $1,595.00, the Defendant's obligation for alimony pendente lite is $1,411.00.2 Although Dylan began residing with his mother in early February, 2011, the Plaintiff did not file for a modification of the order until February 24, 2011. Nothing precluded her from filing earlier. Pursuant to Pa. R.C.P. 1910.17 the effective date of the modification is February 24, 2011. The Defendant filed for a modification because of his loss of employment. The Defendant lost his employment because he was unavailable for work due to his incarceration for indirect criminal contempt. The Defendant applied for and receives unemployment compensation benefits of $573.00 per week effective April 17, 2011.3 Although the employer did not contest the Defendant's receipt of unemployment compensation benefits, for support purposes the Defendant's loss of employment was viewed as being for cause. Had there been no violation of the PFA order the Defendant would have remained employed. Where an obligor is fired for cause there generally will be no effect on a support obligation.4 However, in Grigoruk v. Grigoruk, 912 A.2d 311 (Pa. Super. 2006), the court, citing Ewing v. Ewing, 843 A.2d 1282 (Pa. Super. 2004), held that where a parent is fired for cause the trier of fact may consider reducing the parent's child support obligation under Rule 1910.16-2(d)(1) if the parent establishes that he or she attempted to mitigate lost income. The Defendant testified that in the five weeks since his release from prison he has submitted his resume to approximately 100 potential employers and has had 12 job interviews. Unfortunately he has not yet been hired. His job seeking efforts were not challenged by the Plaintiff. Under the circumstances, in the opinion of this Master, the Defendant is making good faith efforts to mitigate his income loss. Consequently a temporary modification of the order will be made based upon his unemployment compensation benefits. With unemployment compensation benefits of $573.00 per week and a tax filing status of head of household with one child claimed as a dependency exemption, the Defendant has net monthly income for support purposes of $2,443.00.5 With combined net monthly income of $3,858.00 the basic requirement for the support of one child is $842.00 per month.b The Defendant's proportionate share of that amount is $533.00. The ' See Exhibit "A" for the guideline calculation. 2 See Exhibit "B" for the calculation. 3 See Defendant's Exhibit No. 1. 4 See Pa. R.C.P. 1910.16-2(d)(1). s See Exhibit "C" for the tax deductions from gross income. 6 See Pa. R.C.P. 1910.16-3. Defendant's support obligation for Alana is reduced by the Plaintiff's obligation for the support of Dylan to $224.00 per month. The Defendant's obligation for alimony pendente lite is reduced to $241.00 per month.g RECOMMENDATION A. For the period of February 24, 2011 through April 15, 2011, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Dylan R. Flathmann, born May 31, 1994, and Alana C. Flathmann, born October 20, 1995, the sum of $1,595.00 per month. B. For the period of February 24, 2011 through April 15, 2011, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $1,411.00 per month. C. Effective April 16, 2011, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for said daughter the sum of $224.00 per month. D. Effective April 16, 2011, the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $241.00 per month. E. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $50.00 per month on arrears until paid in full. F. The Plaintiff shall provide health insurance coverage for the benefit Alana as is available to her through employment or other group coverage at a reasonable cost. G. The Defendant shall provide health insurance coverage for the benefit of Dylan as is available to him through employment or other group coverage at a reasonable cost. H. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 63% by Husband and 37% by Wife. See Exhibit "D" for the guideline calculation. e See Exhibit "E" for the calculation. 4 I. In the event that the Defendant has not reported new employment after the expiration of 90 days from the date of this order, the Plaintiff may file a petition for modification for a review of the Defendant's job seeking efforts. Date Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet (Revised May 12, 2010) Rule 1910.16-1, et sea Defendant Name: John C. Flathmann Docket Number: 1019 S 2009 Plaintiff Name: Suzanne E. Flathmann PACSES Case Number: 961111327 _. Other Case ID Number: Defendant 1 Number of Dependents in this Case 2 Total Gross Monthly Income 3 Less Monthly_ Deductions 4. Monthly Net Income _ Line 2 minus Line 3 5. Combined Total Monthly Net Income.___..._.. Amounts on Line 4 Combined 6 Plus Child's Monthly Soc Sec Retirement or Disability Derivative Benefit. 7. Adjusted Combined Total Monthly Net Income 8 PRELIMINARY Child Support Obligation based on Adjusted Income (Line 7) 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 10. Basic Child Support Obligation From Rule 1910 16-3 Basic Child Support Schedule (Table Rev. 512010) 11_Net Income as a Percenta a of Combined Amount 12. Each Parent's Monthly Share of the Child Support Obligation 13 Adjustment for Shared Custody Rule 1910.16-4 (c) (# & Overnights: . - ) ~ 14. Adjustment for Child Care Expenses Rule 1910.16-s a 15 Adjustment for Health Insurance Premiums Rule 1910.16-6 (b) 16 Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 (c) _ 17 Adjustment for Additional Expenses Rule 1910.16-6 (d) ..... _.. 18. Total Obligation with Adjustments Line 12 minus Line 13, plus Lines 14 15 16,17 Less Split Custody Counterclaim Rule 1910.16-4 (d) 20 Obligor's Su pport Obligation Line 18 minus Line 19, repared by: mrr ---_-__ __ Date 6104111.70 $2,702.35 $7,714.35 Plaintiff .......... $1,517.00 $101.97 $1,415.03 $9,129.38 $1,887.00 84.50. 15.50 $1,594.52 ((' $292.48 . $1,594.52 $1,594.52_ 5/215 /201. 1.11 .......................... Summa Report S1. PACSES Multiple Family Adjustment S2 Spousal Support Award $1,411.44 S3 Ad' ?ustment for Excess Mortgage Payments (If Applicable) _ ..... S4, Custodial Parent Spousal Support Obligation (if Applicable) S5. Adjusted Support Obligation Monthly: Weekly: Line 20 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) $3,05.96 TOY INRn0 UAT1nk1 ?_-- .. .. 691.$2 S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCak 2011 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Suzanne E. Flathmann Defendant Name: John C. Flathmann Docket Number: 1019S 2009 PACSES Case Number: 961111327 Other State ID Number: 1. Obligor's Monthly Net Income $7 714 35 , . 2. Less All Other Support 3. Less Obligee's Monthly Net Income $1 415 03 , . 4. Difference $6 299 32 _ , . 5. Less Child Support Obligation for Current Case Without Part-if Substantial or Shared Custody Adjustment $1 594 52 _ , . 6. Difference $4 704 80 , . 7. Multiply b 30% or 40% 30 00% . 8. Income Available for Spousal support $1 411 44 , . 9. Adjustment for Other Expenses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,411.44 Prepared by: mrr Date: 5/25/2011 SupportCak 2011 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report r Plaintiff Name: Suzanne E. Flathmann Defendant Name: John C. Flathmann Docket Number: 1019 S 2009 PACSES Case Number: 961111327 Other State ID Number: Tax Year: Current: 2011 Plaintiff 1. Tax Method 2. Fling Status 3. Who Claims the Exemptions 4. Number of Exemptions 5. Monthly Taxable Income 6. Deductions Method 7. Deduction Amount 8. Exemption Amount 9. Income MINUS Deductions and Exe 10. Tax on Income 11. Child Tax Credit 12. Manual Adjustments to Taxes 13. Federal Income Taxes 13 a. Earned Income Credit 14. State Income Taxes 15. FICA Payments 16. City Where Taxes Apply 17. Local Income Taxes s 1040 ES _ Manual Head of Household Head of Household Customize -- 2 - 2 $2,483.00 $1,517.00 Standard Standard $708.33 $700.00 $616.66 $608.34 $1,158.01 $208.66 $123.08 $20.87 $83.33 $20.87 $39.75 -$152.33 $152.33 $46.57 $192.56 --Select-- - -Select--$15.17 TOTAL Taxes $39.75 $101.97 SupportCak 2011 EXHIBIT "C" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet (Revised May 12, 2010) - Rule 1910.16-1, el seq Defendant Name: John C. Flathmann Docket Number: 1019 S 2009 Plaintiff Name: Suzanne E. Flathmann PACSES Case Number: 961111327 Other Case ID Number: .-_. Defendant 1 Number of Dependents in this Case _. ..... Total Gross Monthly Income $2,483-00 Less Monthly Deductions -- $3399.75 _._ .7 4. Monthly Net Income Line 2 minus Line 3 $2,443.25 $241.18 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $3 858.28 Plus Child's Monthly Soc Sec Retirement or Disability Derivative Benefit , 7 Adjusted Combined Total Monti Net Income _._._. 8 PRELIMINARY Child Support Obligation based.on_ .Ad1usted Income ALme 7) - -- 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6) 0 _ 10. Basic Child Support Obligation From Rule 19-1.9.167.3. Basic Child Support Schedule (Table ReV. 5/20901 $842.00 11. Net as a Percents a of Combined Amount 63 32 12 Each Parent's Monthl Sh . . y are of the Child Support ---. --------_.__?.? _..__? Oblation $533 15 13 Adjustment for Shared Custody Rule 1910.16-4 (c) (# of overnights: ................ j . 14. Ad ustment for Child Care Expenses Rule 1910.16-6 (a _ _._ _ 15 Adjustment for Health Insurance Premwms Rule 1910.16-6 (b) f 16Adjustment for Unreimbursed Medical Ex enseS Rule 1910.16-6 c 17 Ad1justment for Additional Expenses Rule 1910.16-610 "? - - ......., 18 Total Obligation with Adjustment S Line 12 minus Line 13 plus Lines 14,15,16,17 19 Less Split Custody Counterclaim Rule 1910 16-4 (d) _ _._ ??- $533.15 .. . 20 Obligor's Support Obligation Line 18 minus Line 19, $308.85 $224 30 Prepared by: mrr Date: . 5/25/2011 Summa Report S1. PACSES Multiple Family Adjustment S2 Spousal Support Award S3. Adjustment for Excess Mortgage Payments (If Applicable) S4 Custodial Parent Spousal Support Obligation (if Applicable) S5. Adjusted Support Obligation Line 20 (or S 1, if applicable) plus Line S2 and S3 minus S4 (if applicable) TAX INFORMATION ± Tax Method Filing Status S6 Defendant 1040 ES Head of Household - S7 Plaintiff " Manual - -- Head of Household S8. Total Support Amount if Deviating from Guidelines Calculation Plaintiff $1,517.00 $101.97 $1,415.03 36.68 08.85 Monthly: Weekly: $465.48 $107.13 Exemptions 2 Monthly: ` Weekly: F S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCak 2011 EXHIBIT "D" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Suzanne E. Flathmann Defendant Name: John C. Flathmann Docket Number: 1019 S 2009 PACSES Case Number: 961111327 Other State ID Number: 1. Obligor's Monthly Net Income 2. Less All Other Support 3. Less Obligee's Monthly Net Income 4. Difference 5. Less Child Support Obligation for Current Case Without Part II Substantial or Shared Custody Ad'ustm 6. Difference 7. Multiply by 30% or 40% 8. Income Available for Spousal Support 9. Adjustment for Other Expenses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL m rr SupportCak 2011 $2,443.25 1,415.03 1,028.22 $224.30 $803.92 30.00% $241.18 $241.18 Date: 5/25/2011 EXHIBIT "E" SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOHN C. FLATHMANN, PACSES NO. 961111327 Defendant DOCKET NO. 1019 SUPPORT 2009 SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOHN C. FLATHMANN, PACSES NO. 533111771 Defendant/Respondent: DOCKET NO. 09-8629 CIVIL INDEX OF EXHIBITS , Plaintiff's Exhibit No. I - Earnings statement -nom "' - Z ' rn Defendant s Exhibit No. 1 -Notice of Financial Determination r.? ?° v ZG -V 3 QC3 T;c-- W {*' 07/21/2011 10:23 7172406248 CUMBERLANXTYM PAGE 03/03 CUMBERLAND COUNTY DOMESTIC RELATIONS Date of Application. Request for Support Record Search n'W) (Frost) Address: Social Security Number: _-21p' -71-1-1 yL?_ D.O.B. Domestic Relations Case Number if Known: ---- Party Requesting Information: (Print ame of Firm Name) 11. -1 Iq -14 (Telephone Number) RIO (A ) 11l1113blA_ (Fax Number) (S) A Twelty DoBar (520.00) Fee is Due Per Sochi Security Nmber Make check or !toe order payable to: DRWAea Search _ INIML REQUEST C 3 n C__ Has no Record in Domestic Relations as of. ?W r- r Support Arrears as of End of Month Prior to Date of Application: $ ??? 57 .)? Monthly Total Support obligation: $ ,?4 1. U o > c:, = The Amount shown above is rcflceted in the Domestic Relations section Office ofCwnberlaad County, Pennsylvania. 11,,,, i lelyvJer 69ai I0,, _q13 Domestic Relations Case Number: LC ?. 33 1 7-7 1 Signed: dd?C.cc: AL d a (Lien seam Coordinator) - (Date) BRING-Dowq REQUEST Support Arrears: $ As Of. (Date) Signed: (Lien Coordinator) (DM) Lien Satisfisfaction Receipt Available Upon Request*** CC720 :, .._.y -V-TCam, , a C_ ,' CD ; L/ L LL0Z--LZ-t0 'W'e8Z:VZ:LL )13HS+HAVAVI3NOlS 698CVUtLL -ABOM & UTULAKIS Stephen R. Zawisky, Esquire Attorney I.D. No.: 89458 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 SUZANNE E. FLATHMANN V. JOHN C. FLATHMANN f t, "r;-"IFF `aC F Ti r r i j & ' 1 SE? 23 F1_1 2: 2 .. ,:t)MBERLAN i 1; 1? w 6 PENN'SyUVAJi1A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO: 2009-8629 CIVIL ACTION - LAW IN CUSTODY AND NOW, comes Defendant, John C. Flathmann, by and through his attorney, Stephen R. Zawisky, Esquire, of ABOM & KUTULAKIS, L.L.P., and files this Petition to Enforce Distribution of Marital Assets and in support thereof avers as follows: 1. Plaintiff is Suzanne E. Flathmann, (hereinafter "Mrs. Flathmann"), who currently resides at 309 Antiles Court, Mechanicsburg, Pennsylvania 17050. 2. Defendant is John C. Flathmann, (hereinafter "Mr. Flathmann"), who is currently residing at 2221 Gleim Court, Enola, Pennsylvania 17025. 3. Plaintiff and Defendant were married on August 22, 1992, in Camp Hill, Cumberland County, Pennsylvania. 4. On or about December 15, 2009, Mrs. Flathmann filed a Complaint in Divorce and alleged that the marriage was irretrievably broken. Subsequent to the filing, Mrs. Flathmann withdrew her Divorce Complaint, but the Divorce Complaint was then reinstated on or about July 10, 2010. 5. On or about February 24, 2011, Mrs. Flathmann filed a Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43 and for Contempt of Court. See, Petition attached hereto as Exhibit A. 6. Mrs. Flathmann's petition alleged that Mr. Flathmann was in possession of the marital residence located at 1200 Kings Circle, Mechanicsburg, Pennsylvania (hereinafter "marital residence"), and was in default of the mortgage. 7. Mrs. Flathmann's petition further requested that Mr. Flathmann be ordered to sign all documents necessary to list the marital home for sale at its fair market value. 8. On May 16, 2011, this Honorable Court entered an Order of Court ordering Mr. Flathmann to bring the mortgage and past due real estate taxes current on the marital property by June 30, 2011. See, Order attached hereto as Exhibit B. 9. The Order further instructed that in the event Mr. Flathmann did not bring the past due amounts current by June 30, 2011, he would agree to sign all papers necessary to list the marital residence for sale at a fair market price. See, Order attached hereto as Exhibit B. 10. On July 22, 2011, Mr. and Mrs. Flathmann entered into an agreement regarding the sale of the marital residence. 11. Pursuant to that agreement, Mr. and Mrs. Flathmann agreed to split the proceeds from the sale of the house with each party receiving a fifty (50) percent share. 12. It was further agreed that Mrs. Flathmann would provide Mr. Flathmann with a $2,500.00 payment out of her proceeds. As such, a difference of $5,000.00 would result between the two shares. 13. On July 25, 2011, undersigned counsel sent a letter to Mrs. Flathmann's attorney, Emily Long Hoffman, outlining the agreement regarding the proceeds from the sale of the marital residence. See Correspondence attached hereto as Exhibit C. 14. This letter outlined that the proceeds would be split with fifty (50) percent going to each party and with Mrs. Flathmann paying Mr. Flathmann a $2,500.00 payment out of her share. This letter further requested that two (2) checks be generated at settlement which would take into consideration the 50/50 split, as well as the $2,500.00 payment from Mrs. Flathmann to Mr. Flathmann. See, Exhibit C. 15. On July 26, 2011, Mrs. Flathmann's attorney, Emily Long Hoffman, sent undersigned counsel a letter confirming the agreement regarding the sale of the marital residence. See Correspondence attached hereto as Exhibit D. 16. This letter explains that Mrs. Flathmann is in agreement with undersigned counsel's proposed distribution. This letter further explains that a 50/50 split of the proceeds was to occur with Mr. Flathmann receiving an additional amount of $2,500.00. The letter further indicates that Mr. Flathmann's share would be approximately $53,560.00 and Mrs. Flathmann's share would be approximately $48,560.00. The difference between the two amounts takes into consideration the $2,500.00 payment, which was to be taken from Mrs. Flathmann's share and given to Mr. Flathmann's share. This payment results in a different of $5,000.00. See, Exhibit D. 17. On July 28, 2011, the settlement of the marital residence occurred with a net total of $100,805.06 being generated. See, Settlement Statement (HUD-1) attached hereto as Exhibit E. 18. Prior to the settlement it was discovered that there were two items of debt which Mr. Flathmann was solely responsible for. These consisted of a $1,081.00 judgment owed to Cumberland County Adult Probation, as well as a $50.00 processing fee to satisfy that judgment. This would result in a total liability of $1,131.00. This was subtracted from the proceeds at settlement. 19. Mr. Flathmann conceded he was solely liable for this amount and it was to be factored into the distribution of the new proceeds. 20. Mr. and Mrs. Flathmann did not attend the settlement as they each previously executed a Power of Attorney. 21. Undersigned counsel and Attorney Hoffman did not attend the settlement. 22. Exhibits C and D were forwarded to the individuals handling the settlement prior to settlement so they were aware of the agreement between Mr. and Mrs. Flathmann. 23. A fifty percent share of $100,805.06 is $50,402.53. 24. Subsequent to the sale, Mr. Flathmann only received $50,521.03. 25. Subsequent to the sale, Mrs. Flathmann received $50,284.03. 26. At settlement, the entire amount that Mr. Flathmann owed towards the probation judgment/fee ($1,131.50) was subtracted from the proceeds. As such, half of that amount ($565.75) was taken from Mrs. Flathmann's share despite her not being responsible. 27. A breakdown of how the proceeds should be divided is as follows: a. Mr. Flathmann half share of $100,805.06 is $50,402.53; b. Since Mr. Flathmann owes Mrs. Flathmann half of the probation judgment amount which was subtracted from the proceeds (half of $1,131.50 or $565.75), $565.75 is to be subtracted from $50,402.53, resulting in $49,836.78. C. A payment of $2,500.00, which was agreed upon by both parties, is then to be added to Mr. Flathmann's share from Mrs. Flathmann's share. ($49,836.78 plus $2,500.00). This results in a total of $52,336.78. d. Mr. Flathmann was due $52,336.78 from the sale of the marital residence but only received $50,521.03. This results in a difference of $1,815.75. e. Mrs. Flathmann received an additional $1,815.75 she was not entitled to. f. Mrs. Flathmann owes Mr. Flathmann $1,815.75. 28. It appears that the individuals who handled the settlement adjusted the checks that were to go to Mr. and Mrs. Flathmann so that there would be a $1,250.00 payment from Mrs. Flathmann to Mr. Flathmann, resulting in a $2,500.00 difference. 29. However, the agreement between Mr. and Mrs. Flathmann required Mrs. Flathmann to pay Mr. Flathmann $2,500.00 from her net proceeds, thus resulting in a $5,000.00 difference between their two settlement checks. See, Exhibits C and D. 30. Subsequent to settlement, undersigned counsel attempted to stop the production of the two checks after being informed of the incorrect disbursement by real estate agent Jill Munro. Undersigned counsel was unable to stop the incorrect funds from being deposited into Mrs. Flathmann's account. 31. Subsequent to this error, undersigned counsel repeatedly contacted Mrs. Flathmann's attorney to request that the discrepancy be fixed and that Mrs. Flathmann send Mr. Flathmann the amount owed to him, $1,815.75. 32. Undersigned counsel repeatedly explained in several emails why this amount was owed to Mr. Flathmann. As of the date of this filing, it is believed that Mrs. Flathmann refuses to pay Mr. Flathmann the amount that is owed to him pursuant to the agreement. 33. Mrs. Flathmann should be ordered to pay Mr. Flathmann reasonable attorney fees and costs for bringing this action. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order directing the Plaintiff, Suzanne E. Flathmann, to immediately pay Defendant, John C. Flathmann, the amount owed pursuant to the agreement, namely $1,815.75. Defendant further respectfully requests that this Honorable Court enter an Order requiring the Plaintiff, Mrs. Flathmann, to pay Mr. Flathmann's reasonable attorney fees and costs for bringing this action. Respectfully submitted, ABOM & KUTUTAJUS. LLP DATE - - rNo.89458 I, John C. Flathmann, hereby verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date ??? /// Emily Long Hoffman, Esquire Attorney I.D. #66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 SUZANNE E. FLATHMANN, Plaintiff/Petitioner JOHN C. FLATHMANN, Defendant/Respondent Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 CIVIL ACTION - LAW IN CUSTODY L " 'm rr ?77 N N PETITION FOR SPECIAL RELIEF PURSUANT TO Pa.R.C.P. 1920.43 AND FOR CONTEMPT OF COURT fJ (0 x r, ?rn -1 p V11 AND NOW, comes Plaintiff/Petitioner, SUZANNE E. FLATHMANN, by and through her attorney, Emily Long Hoffman, Esquire, and files this Petition for Special Relief Pursuant to Pa.R.C.P. 1920.43 and in support thereof avers as follows: 1. Petitioner is Suzanne E. Flathmann (hereinafter "Wife"), who currently resides at a rented property in Mechanicsburg, Pennsylvania, where she has resided since July 2010. 2. Respondent is John C. Flathmann (hereinafter "Husband"), who is currently incarcerated and believed to be residing at Cumberland County Prison. 3. The parties own the marital home located at 1200 Kings Circle, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17050, which they have owned since 1994. 4. On June 30, 2010, Husband filed a Petition requesting an Order to prevent either party to transfer possession or ownership of marital property to a third party and to dissipate or diminish the value of, any marital property. oo d JI EXHIBIT 'fe A 6-s ?q 908821 5. On November 16, 2010, and July 2, 2010, this Honorable Court entered Orders that precludes either party from transferring possession and ownership of marital property to a third party and from dissipating, encumbering or otherwise diminishing the value of, any marital property and those Orders are attached hereto and incorporated herein as Exhibit "A" and "B". 6. Since Wife moved from the property in early 2010, Husband has had possession of the marital home. 7. The parties are in the discovery phase of the divorce. 8. The current mortgage on the property is in the approximate amount of $180,000 and is $1,555.90 per month. 9. It is believed that the 2010 School taxes on the property in the approximate amount of $4,000 is due and owing. 10. The December 2010 payment on the mortgage is due and owing. 11. On February 1, 2011, the mortgage was paid as normal via Husband's account. 12. On February 15, 2011, the payment was reversed by Husband and therefore the mortgage is now two payments behind. 13. Husband requested that the lender put a foreclosure action in place on the fast tract. 14. It is believed that Husband intends to have the home placed in foreclosure so that he may access the funds in his 401k. 15. It is believed that Husband is to be released from prison on April 15, 2011. 16. Since Husband has been in possession of the home and since the court Order was entered, Husband has dissipated and diminished the value of the marital home. 17. The Hampden Township police have been called to the residence on many occasions for disturbance due to his all night parties. 90982 1 18. The home, which was immaculate when Wife vacated the premises, is now in deplorable condition replete with holes punched into the walls. 19. It is believed that Husband is no longer employed. 20. Houses in the neighborhood of the parties' five bedroom home are selling in the range of $300,000 to $350,000. 21. Wife does not have the financial means to bring the mortgage current. 22. Wife is in the process of obtaining an expert to value the fair market value of the home. 23. Wife has incurred reasonable attorneys fees and costs in bringing this action. 24. The Honorable J. Wesley Oler has previously heard and ruled on this action. WHEREFORE, Plaintiff/Petitioner requests that this Honorable Court enter an Order: a. directing the Defendant/Respondent to immediately sign all documents necessary to list for sale the property located at 1200 Kings Circle, Mechanicsburg, Pennsylvania at the fair market value as determined by Wife's expert; b. directing the Defendant/Respondent to sign all documents necessary to sell the property at an amount as recommended by Wife's expert; c. directing the Defendant/Respondent to bring current the Mortgage on the Mechanicsburg property and make prompt payments thereon until the economic claims of the divorce are fully and finally resolved; d. to adjudge Defendant/Respondent in contempt of the Court Orders of July 2, 2010 and November 16, 2010; e. to require Defendant/Respondent to pay Plaintiff/Petition's reasonable attorney fees and costs for bringing this action. 908921 Respectfully submitted, Emi y ng Hof an, Esquire Sup. Ct. ID # 66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Defendant Date: February24, 2011 90882 1 SOZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2009-8629 CIVIL TERM CIVIL ACTION - LAW JOHN C. FLATHMANN, 1-1 Defendant IN CUSTODY c Z ;r g -. Z?R'i r IN RE: PETITION FOR SPECIAL RELIEF/CONTEMPT ?,-> •` C7 ORDER OF COURT n a Y .?i CJ C: AND NOW, this 13th day of May, 2011, u dA consideration of the Petition for Special Relief Pursuant to Pa. R.C.P. 1920.43 and for Contempt of Court filed by the Plaintiff, and pursuant to an agreement reached between the parties in open court, it is ordered and directed as follows: Defendant shall bring the mortgage and past due real estate taxes current on the marital property located at 1200 Kings Circle, Mechanicsburg, Cumberland County, Pennsylvania, by June 30th, 2011. In the event Defendant does not bring the past due amounts owed on the mortgage and real estate taxes current by June 30th, 2011, Defendant will agree and sign all papers necessary to list the above-mentioned property for sale at the fair market value to be determined by an appraiser certified in Pennsylvania. The parties will equally divide the costs of an appraiser.. If they do not agree to an appraiser, then each will retain and pay their own appraiser certified in Pennsylvania, and will average the costs that the appraisers derive, and will then utilize the average cost as the listing price. The parties will sign all documents and cooperate in selling the property. The parties will agree to a realtor to sell the property. If they do not agree, they will allow the Court to appoint a realtor. The parties will agree to an _ EXHIBIT appraiser and to a realtor by May 23rd, 2011. The apprai must be completed by June 15th, 2011. By the Court, i J Wesley Ole r., Emily Long Hoffman, Esquire 255 Market Street Millersburg, PA 17061 For Plaintiff n _??g 11 John C. Flathmann 1200 Kings Circle Mechanicsburg, PA 17050 Defendant, pro se mae om U TULAKIS ATTORNEYS AT LAW July 25, 2011 VIA FACSIMILE (717) 370-5515 and FIRST-CLASS MAIL Emily Hoffman, Esquire 255 Market Street Millersburg, PA 17061 Re: Rathmann House Sale Our File No: 11253 Dear Ms. Hoffman: OFFICE LOCATION'S CARLISLE OFFICE 1 r) 249-0900 HARRli6CRG OFFICE (717) 232-9511 C.HALNIBERSBL'RG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 On Friday, July 22, 2011, we came to an agreement regarding the sale of Mr. and Mrs. Flathmann's house. Pursuant to that agreement, it was decided that Mr. and Mrs. Flathmann would split the proceeds from the sale of the house 50/50. It was also agreed that Mrs. Flathmann would also provide Mr. Flathmann with a $2,500 payment out of her proceeds. I believe the estimated equity in the house is at $110,686.00. I also believe that the estimate for the amount owed to Domestic Relations is $8,564.00. As such, there should be approximately $102,121.00 to be split by Mr. and Mrs. Flathmann. The 50/50 split would then result in each individual receiving approximately $51,060.00. When the $2,500.00 payment is subtracted from Mrs. Flathmann's share and added to Mr. Flathmann's share, he should receive an approximate payment of $53,560.00 and her share should be approximately $57,124.00 after the $8,564.00 domestic relations payment is added to her 50% share and the $2,500.00 amount is subtracted. I would ask that two (2) checks be generated at settlement which take into consideration the 50/50 split as well as the $2,500 payment from Mrs. Flathmann to Mr. Flathmann. If the above-referenced breakdown is incorrect, please contact me immediately so that we can discuss this matter. I will be meeting Mr. Flathmann at 1:00 p.m. on Tuesday, July 26`h, along with the realtor, Jill Monroe. At that meeting, I expect Mr. Flathmann to sign the necessary paperwork to get this house sale accomplished on July 28, 2011. Please reply to this letter prior to the July 26`h meeting so that I can assure Mr. Flathmann that we Reply To: 2 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-0900 L Emily, Hoffman, Esquire July 25, 2011 Page Two have come to an agreement regarding the proceeds of the house sale. In addition, please contact me with any questions or comments that you may have. Very truly yours, SR-/slf Enclosure ExrLy LO1\ G HOFF'VIAN ATTORNEI' AT LAw 255 MARKET STREET MILLERSBURG,PA 17061 P.O Box 11475 HARRISBURG, PA 171 emilylonghoffman `, CELL: 717.979.8849 FAx: 717.370.5515 717-827-3240 July 26, 2011 VIA TELEFAX Steven Zawisky, s Abom and Kutu 2 West High Str! et Carlisle, PA 17"P3 uire Re: Flathmann Flathmann I Dear Attorney .. }vi sky: With re d to your letter of July 25, 2911, we respond as follows. Mrs. Flathmann is in agreement with our proposed distribution. Logistically speaking, by law, the settlement agent will mail a chec for the Domestic Relations arrears to PACSES (the state) . PACSES will then remit a check to PArs. Flathmann for the arrears. The esti' ated proceeds will be $102,121.56. Mrs. Flathmann agrees that two checks bet` generated which hake into consideration the 50/50 split of the proceeds. Mr. Flathmann will receive an addi ,i al amount of $2,500. Based on the estimated figures, Mr. Flathmann's share would be appro imately 553,560 and Mrs. Flathmann's share would be approximately $48,560.00. If } lu need anything else, please call me at 979-8849. Ve truly yours, E Lon Ho an cc: Suzanne FI Z'd EXHIBIT A. Settlement Statement (HUD-1) OMB Approval No. 2502-0265 1. ? FHA 2. ? RHS 3. ? Corw, Unlns. 4. [] VA 5. ? Conv. Ins e, File Number 31421HUBER 7. Loan Number; 5701154790 rtgage Insurance Case Number: C. Nob: his form In fumished to give you a statement actual sattlement costs, Amounts paid to end by the soMement agen4 are shown tams marked '(p.o.c)' were paid outside the clown they are shown here for Infonnallonal purposes and are not Included In the totals. 0. Name & Address of Borrower: Marie E. Huber 2307 Claridge Court. Enola, PA 17026 E. Name & Addreaa of Sailer: Jahn C, Flelhmenn, Sumnne E. Flalhmann 1200 IGngs Circle, Mechanicsburg, PA 17060 F. Nance & Address of Lender. Fulton Bank, NA. G. Property Location 1200 IGngs Circle Mschanicaburg, PA 17050 H. SettlementAgmt Keystone Land Transfer, LTD Tells= 717.774.7435 Fax 717-7743869 I. Settlement Date: 071282011 Disbursement Date: 0729/2011 Hampden Township Place or setdemertt 3421 Market Street, Camp Hill, Ps 17011 TfUe?EExmes Printed07262011 at 8:41 am by KAB 100. tlroas Antowd Dw fieat Borrower 49L GroseAnwasitthiallatell er f 1. Confra a" pica 3 , 102. P110-Mg Omp" 402 Personal goperly 103, 3sObment dnrges lo borrow (pne 1400) 9,004.44 403. 104• 404• 105. 405. Mwerpresle for boss paid by seller In advance Adilowdowieft for bm aa0ar ta adwncs 105. ClgtAowe Was In 406. Cltyhw tans to 107. Ctmnty taxes 07/2812011 to 12131011 33122 - 407. Court taxes 07/2812011 lo 12131/2011 - 33122 106. Aseeapnems ofrwii to 1 --7 797 4M. Assessments 7 110 MZM71 2,730.92 109• 110• 3M Qualm TroWSw 0712611011 to 0W3W2011 104,35 410. 3rd WOW TradOw 071=011 to 0913012011 104.35 111. 411. 112. 41 120. Gron Aatoaat are so cl ss 77$070.07 420. Omm Amsted aMb SAW 523,00040 200 Maid or in we o) Barorwr 180. Rs Wg d, s In Aalsettt D is MW 201. or w(" Mmey 510M.00 sew see 202. Pri 4*A affmw of new i m(s) 267, dlmgn - aster (IMa 1400) 36 .67 203, Udirto s Mkett K*W to 603. EAft a taken edto 204, pow d &V Maymp bon to Matra Bar* 129991. 205, 506 Paydf of now mortgage loan to Walls Fargo ban NA 51,18914 206, Cm* by Seller 4, 00 MS. Credit by 4,500.00 207. 607. 208. sm. 209, 509. Adfto for bM eater unsold by eater P"W r " 210. taw to . to i s 211. County tax" to 511. County taw to 212. Auasm onls to 512 Aaeawnants to 213. 13. 214. 514, 215. 515. 216- 516, 217. 517. 216. 515. 219, 5% 229. Toad Pate sorrow 297,400.00 M. Total Redastion Amwnt Due SOW 221,261.43 300. Cabot SOMM Mb DO-wiro 180. Cash at (ONrara Sailor 301, anoint due from borrower (Nne 120) 302. Less anrltmts paid by borrower (Nne 220) 332,070,93 297,400.00 601, Gross amount due to eder line 602 Lew rA*dans In altount due (One 620) 323,D88.49 222,261A3 M. Cash © From ? To Borrower nr_w,,.._.---- Y..ww.wM 34170A3 rwsuWstlr?Yw.tlb?. nr 097. Cash ? To ? From teller Y b-M.TrMM.AsePAee...e-V- MMTMM 100,005.05 I. M9h1..11 P?? EXHIBIT 8, 44 38,580,6T 'said molde of dosing by (9)mmer, (S)oiler, (L)ender, (I)nvestor, 9ro(K)er- COMM - " of Good Fakh Etdttute (OFE) and HUD-1 C homes Calmaf Immse '.' : i:' r • % i HU 1' e' `Your our` 77 ? ,the tlterut•rate chosen' ' #u' ' : v.«,'i :• s,' ;s ',,;.,. '. {` ;f? "'' Trap er ,77, a Thalhllb119`Ca?11oC,?rt@dMeJ101?. 10K?r°4..: ''3s'r?,':.?i,''v.?'s'? :;,rlr'' I?OYefreltint• argae'';><.? •!?{$f :.7s•i'•i, :,??'i4" •L,. ?9d: ?.: ,.5u, +.... 'f?01ttG::?C" v' n,,:r' i r•i.>::?. ' /. t . S?+ :+?I:i •.n: I•. t>4;-i. , ti :5 ;,-r.?'x r';`l' ?!., .'\;(k.'•. ?\\' "r1 .4,! iy?.; ..AR i•t. ,l '..1ff?f it ?,\.'.,Y'.?2"A•'L: ,'?'' ;IyiL•. ?N KNN?.S'N'R`!?••1 I !?': ?,nl..:.t". )(i.._<. l"Ja',:,: ?•. yA'lr:•er .. h. xr \:'' '/'';'f, ;^i::: ,:,,`<'w+„'hI?,F;I'+ •, ?+(,; ,? ?iLi'aJ'f ?Vl',IY .'a:'[,•. ?.,; •+;,;,S;c•#:, ..r`.t?f': ?:'':.'l%' 'rl?:b,:tha`.rs: <i?;j'1•^` ••;,?,,. u?y. ?1 . .?\'l l:''d •'rl :'':'j ?•;.•?' ?• rwl.??"I.Ai` Iw. :*.Y •eaaow '.9f1i4` 'Y ,.y`I; +fii''v?I• t .'":b",ii?A6 ?.{t+::r YL7;:;' .,Srfa,? '4?.',•dt,`..n??Cs,.6':i'?,:+'•+'if?'%f•%`w;•i?' ?4'':ti.??!`4•: ,IItiIMWlpe,i'I.e. t,? .f%:„s': ''•?a•+?cgL;t:,G.?:i.,;u?TL'ar,ilki: '•',,?''`%iN'?s?r.;:'t.?i, ., 4 , ' '. .y,; `•fi:G j , a .(; %i?•' 'sit cow Filth' gmate HUa1 695.00 895,00 1,439.50 9.50 2,134,50 2, 31 . e?,',>;oead'larhafer.:. '•.::. `;. ,'•? .NUI}1 . 7 A7 1173.53 2,300.00 t,97 . 175.00 144.00 span rerme Yourlnitl#•I?rGalnOixltlav"a?„a+i :'a:;r ysk;i'"a,yraT' S 287(900A0 Yourloen•tmmJe`a :q;."', ['?'' ;,?r? =ri;`' ct?p`" ,i;y',sr 30. years Yvan.liilSeiNllalilBNNIa`?r`:4f,•' ;;*?,;""",`;:'` 6.6000!6 \larView. 'It(dlafl?tawed,forprh?afi'??...,?a Iraoulanceb '^. '?Y'I •i ??: ? aft f",P le? ''.o y `^' .n, T"55 6 T yd? N Nrdpd . a? : ? . . . . : ? 5r ,` / y 1 "• _ :'a'.'•''':?a' ' ;,.? :;,; „'y`:''r .c: r'' " 4' w> } 1. ? i• ' Interest < , , y , Yr. ,';,•r,. ?'`s. ,ti :ir ... l.. ?`r'p. ?, ffy .6,j ;f;'657,\. 4.s:?.. L' < ` •s:'. • ,;{4:r "',c''r J ';ri' *mage, n , , The first change % No ? Yee, It can rlee to a rtwdrtrum of r « F,;c,, .? '?' ,.,,' V' .F•, ' y `:'+ " after I I Every change years . n O will be on ! 1 and can change ag f h b % ', ; 3'sir ?.ri, . `i\?4 , •;:? f. ,; ; r ai an, your e t by dati, your wow rule can urtt sw %. Over the We o tw than % % or hl th t b '4''? ' • wt`;?•;:4 "•iYi.':au?l :y' ?'''Zf. ' +kr " A l • ' . g ower an e Inbrist rate b guarantied to rawer '? , a r ? ,, •! ?.? +. i ?;• ' ? (; J S. . A '.;+.w '.r?a [ r I ? + Ys1 M qn rues to a rnaxlmum of i ® No jay ; . 1= Gain + WA " n•M ? No. Yea the ft kaaaee an be on ! ! and the monthly ' x & i" R "tRo'''? + "'^++u :: "k y,'?'' ?? ammutt owed can nee to $ Theme>dmunhwraersrdoeWlsS .:• ,ti„*. J t a j/r M? ?X No. ? Ye% your mae6num prepayment penalty Is S No. ? Yea you have a balloon payment of S due In on r r years T ,''? ? f ti " a' ?' You do not have a monthly mom payment for items, such as properly tames lf l di ' ck; •y ,? '; ?I ?' ?;? a ? y, y yourse . rect s Insurance. You mum pay these items W homeowne e:^,' ?:• . F:i ?;,? i{ "(' ?'v ? \•? ?.; • a••'r ? ?'"°'',r ? ,, a ` ' ? ;! ' ®You have an add'diorlat monthly sac= payment of S413.04 This includes nil Interest ar 70 pd Pal 047 ward owed of $2 l IMVW nthl I t t ;.y ; s b ? sal,;: x•^ ,,? : r<; Y' d , +•„ • a.. 1 " • . , y mo a that results n a o modW insurance and any Items dredrod below: t.,ryt> , ? e?4ocY. ?y?'> .",>'^+ >,c? »1 ?,?J', {a t ?i 4?;x!s•JJt?r;...??y+.+' u\• ..?vr(••,?a .... '•. '?• ? . ,.r 18%88 ®HorrrsowmetB Insurance pmpwty Z •• ? , .W ? ?'j:At?•:•pi!. t" ¢'r`?+i L :'Sw:, [ a ? Ir a.?i Jb'sa . '.y . ?'. : ;";i..`.;'Srd; a rs? ?-?«}• r .?"??"u'++••• `•? ?.'x' . Schad Tax FlOOdNlBUrenCB , ? ,v;. ?a [ ,r . f N'n .' ? +. oi ?i„p , x, "s?q• h '; T ^ , YIL • h , 1? s n , X LOcw aR Non: If you have any questions about the Settlement Charges and Loan Terms Wood on We form, please contact your lender. HUD CERTIFICATION OF BUYER AND SELLER I have carefully revlewad the HUD-1 Settlement Statement and to the beet of my knowledge and belief. a is a true and accurate statement Of all receipts and dlsbureements made on my account or by me in this transaction. I fuRMr certify that I hove recehrod a OW Of the HUD-1 Settlement Statement L,/ff? Merle E. Huber John C. Flatnmenn (cs?-?tc?c Suzanne E. ov ann The HUD•18e1tMrtaett 19Marneet who I haw prepared M a true and aoeuraM aoeount of thistmm clan t have caused or wIM oaua the furMs M be dlebureed in accordance with this statement. 54 SETTLEMEN DATE Made E. Huber l UIJt?'cck, 4 JU ,t, Date 7/28/11 John C. Flathmann John C. Flothmann Suzanne E. Flethmann 31421 HUBEII TItleftpreee Prepared 07/2812011 at 8:42 am F, Date 712811 Marie E. Huber r IA ?lkn?L f CAA-- Date WM11 t uzanne E. Flathmann Note: This page Is furnished to give you an Itemization of the amounts shown on NW, Lin es 1101, 1103 and 1104 of the Settlement Statement (HUD•1). This page accompanies but is not a part of the settlement statement. If a discrepancy exists, the Information shown on the Settlement Statement (HUD-1) applies. I, Shannon Freeman of Abom & Kundahis, LLP, hereby certify that on this C;6 day of September, 2011, a true and correct copy of the foregoing PETITION TO ENFORCE DISTRIBUTION OF MARITAL ASSETS was served upon the party named below via first-class mail to: Emily Hoffman, Esquire 255 Market Street Millersburg, PA 17061 annon Freem Emily Long Hoffman, Esquire Attorney I.D. #66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 SUZANNE E. FLATHMANN, Plaintiff/Petitioner JOHN C. FLATHMANN, Defendant/Respondent Attorney for Plaintiff L111 ! 0 i1 r (l C, ;J 3E it EkiI c,YL` , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO ENFORCE DISTRIBUTION OF MARITAL ASSETS AND NOW, comes Plaintiff, SUZANNE E. FLATHMANN, by and through her attorney, Emily Long Hoffman, Esquire, and files this Response to Defendant's Motion to Continue Hearing: 1. Admitted. 2. This is an averment to which Plaintiff has no knowledge. 3. Admitted. 4. Admitted. 5. Admitted. 6. The document speaks for itself. 7. The document speaks for itself. 8. The document speaks for itself. 9. The document speaks for itself. 10. Admitted. The parties entered an Agreement for the sale of the real estate of which the written agreement is not attached hereto. 90882 1 11. There is nothing in the agreement signed by the parties to indicate the division of proceeds. 12. There is no written agreement and strict proof is demanded thereof. 13. The written document speaks for itself and therefore no response is required. 14. The written document speaks for itself and therefore no response is required. 15. The written document speaks for itself and therefore no response is required. 16. The written document speaks for itself and therefore no response is required. 17. Admitted. 18. Denied. It is denied that prior to the settlement there were only two items of debt which Mr. Flathmann was solely responsible for. By way of further explanation, he was solely responsible for the debt paid to Domestic Relations in the amount of $8,564.73 which amount was taken out of Mrs. Flathmann's share of the proceeds. 19. It is admitted that Mr. Flathmann was solely liabile for the judgement owed to Cumberland county Adult Probation as well as the $50.00 processing fee. 20. It is admitted that Mrs. Flathmann did not attend settlement as she previously executed a Power of attorney for the realtors to handle the transaction. 21. It is admitted that the respective attorneys in this action were not present at settlement. 22. Mrs. Flathmann has no knowledge that C and D were forwarded to the individuals handling the settlement and therefore it is not known what knowledge they had concerning settlement. 23. Admitted. 24. Denied. Mrs. Flathmann does not know what amount Mr. Flathmann received and strict proof is demanded at hearing. 25. Admitted. 26. The HUD Statement reflects the amounts deducted from the proceeds and the statement 90882 1 speaks for itself. 27. It is denied that the breakdown of the proceeds should be divided as suggested. By way of further explanation, it is not known what was agreed upon finally by the parties and their agents. 28. This is a response to which no response is required as it is speculation and therefore deemed denied. 29. The exhibits speak for themselves. 30. This is a response to which Mrs. Flathmann has no knowledge and as such is deemed denied. 31. It is admitted that undersigned counsel contacted Mrs. Flathmann's attorney and Mrs. Flathmann's attorney has repeatedly requested payment of past due amount of owed to Wife by Husband for which Husband has not paid. 32. It is specifically denied that Mrs. Flathmann owes money to Mr. Flathmann. 33. It is denied that Mrs. Flathmann should be ordered to pay Mr. Flathmann reasonable attorney fees and costs for bringing this action. By way of further explanation, the only agreement that the parties signed regarding distribution of proceeds is set forth as Exhibit R1. COUNTERCLAIM 34. Mr. Flathmann was incarcerated at the time the parties' home was sold. 35. Mrs. Flathmann had the sole responsibility of preparing the home for sale. 36. Mr. Flathmann owes Mrs. Flathmann $1,488.25, for her efforts in cleaning the home 37. On May 13, 2011, Mr. Flathmann and Mrs. Flathmann entered an agreement in which Mr. Flathmann would pay to Mrs. Flathmann $1,000 from his WIPRO 401k. Attached and incorporated herein as Exhibit R2. 90882 1 38. Mr. Flathmann did not pay Mrs. Flathmann $1,000 per the written agreement. 39. Mr. Flathmann received more than he was due in that the Domestic Relations arrearages were withdrawn from Mrs. Flathmann's share of the proceeds and thus he owes her one half of the amount of the arrearages which is $4,282.37 (8,564.73/2). 40. Mr. Flathmann made many late payments during the course of his possession and use of the marital home which caused the payoff to the bank to be substantially higher than if he made timely payments. 41. Mr. Flathmann dissipated the value of the real property while he had possession and the proceeds from the home would have been much higher but for Mr. Flathmann's dissipation of the property. 42. Due to Mr. Flathmann's dilatory and vexatious conduct, Mrs. Flathmann has incurred substantial attorney fees and costs. 43. The divorce master has the discretion to resolve these matters and therefore, it is not necessary to waste judicial resources to resolve this matter at this time. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order denying Defendant's request and grant her request for reimbursement of $6,770.62. Respectfully submitted, ?ftL Emily Long Hoffman, Esquire Sup. Ct. ID # 66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Defendant Date: October 26, 2011 90882 1 This between John C. Flathmann and Suzanne E. Flathmann regarding the disbursement " the net proceeds from the sale of their home at 1200 Kings Circle, Mechanicsburi PA 17050 is as follows: We, J• of the net pro 17050. Thei sale price pai and past taxesi paid by sellers obligations sl distribution of a C. Flathmann, and Suzanne E. Flathmann, hereby agree to an equal division eds from the sale of our home located at 1200 Kings Circle, Mechanicsburg, PA proceeds will be determined after all required expenses are deducted from the icluding but not limited to the following: All mortgages, equity loans, current ved, selling expenses owed to RE/MAX Realty Associates, and buyer expenses per the Agreement of Sale dated June 30, 2011. Any and all court ordered be deducted from the responsible party's share of the proceeds prior to proceeds. 7(y/1l ?-/ ?-- ` s I Emily Long Hoffinan, Esquire Attorney I.D. #66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Plaintiff f f 14 COUNTY 17'-tINSYL VANIA SUZANNE E. FLATHMANN, Plaintiff/ JOHN C. FLATHMANN, Defendant/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S FINDINGS OF FACT AND LAW IN SUPPORT OF REQUEST TO TRANSFER HUSBAND'S ACTION TO ENFORCE DISTRIBUTION OF MARITAL ASSETS TO DIVORCE MASTER FOR FINAL RESOLUTION OF ALL DIVORCE ISSUES AND NOW, comes Plaintiff, SUZANNE E. FLATHMANN, by and through her attorney, Emily Long Hoffinan, Esquire, and files this Brief in Support of Request to Transfer Husband's Action to Enforce Distribution of Marital Assets to the Divorce Master for Final Resolution of All Marital Issues. 1. Defendant, John C. Flathmann, filed a Petition to Enforce Distribution of Marital Assets with this Honorable Court. 2. Defendant in his Petition claims that he is owed additional monies from Wife with regard to the sale of the parties' marital home. 3. The marital home is the primary asset of the parties' marriage. 4. Plaintiff has additional marital claims outstanding with regard to the marital assets and divorce. 5. This action would properly be before the divorce master as it is a matter of equitable distribution. 90882 1 6. Judicial Economy will be achieved by transferring this action to the divorce master in that the Master will be reviewing these issues in equitable distribution of the parties' property and other issues. 7. In addition, by transferring to the divorce master, the parties will save attorneys fees and costs in litigating all issues at once as opposed to a piecemeal review of the issues. 8. Rule 1920.51-1 of the Cumberland County Rules of Civil Procedure provides that, unless otherwise directed by the court, claims in a divorce action shall be heard by a master, thus, this Honorable Court has the authority to redirect John Flathmann's claims to the divorce master. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order transferring the current action to the Divorce Master with said action to be resolved along with the other outstanding marital issues to preserve judicial economies and to preserve the parties' expenditure of attorney fees and costs. Respectfully submitted, Emily Ldng Hoffinan, Esquire Sup. Ct. ID # 66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Defendant Date: November 2, 2011 90882 1 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the attached document on Plaintiff by first class U.S. mail as addressed below: Stephen R. Zawisky, Esquire 2 West High St. Carlisle, PA 17015 Date November;, 2011 By: ? lam, Emily Long Hoffman 90882 1 h SUZANNE E. FLATHMANN, Plaintiff JOHN C. FLATHMANN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 CIVIL ACTION - LAW IN CUSTODY ORDER AND NOW, this 7?h day of N bVt' y( , 2011, it is hereby ORDERED and DECREED that Defendant's Petition to Enforce Distribution of Marital Assets shall be transferred to the Divorce Master to be heard along with all other outstanding matters involving the above-referenced action. BY THE COURT: M. L. Ebert, Jr., DATE Distribution: ? Emily Long Hoffman, Esquire, 255 Market Street, Millersburg, PA 17061 Stephen Zawisky, Esquire, 2 West High Street, Carlisle, PA 17013 ?pP IP.S i) C ", cz C. r- (nf- -0m, Q C; ]C. ? Q-rt Q T? 77 90892 1 oM & Nu ULAKIS Stephen R. Zawisky, Esquire Attorney I.D. #: 89458 2 West High Street Carlisle, PA 17013 (717) 249-0900 SUZANNE E. FLA v JOHN C. FLATHMANN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA C n A DOCKET NO: 2009-8629 2F - rat es car CIVIL ACTION - LAW r--x ro IN DIVORCE C:)-n _za :ON TO WITHDRAW AS COUNSEL AND NOW, this '41" day of December, 2011, comes undersigned counsel, ABOM & KUTULAKIS, L.L.P., by $ ephen R. Zawisky, Esquire, who respectfully requests this Honorable Court grant this Motion tol ithdraw as Counsel for the above-named Defendant and, in support thereof, respectfully avers the following: 1. The Plaintiff, Suzanne E. Flathmann, is represented by and through her counsel, Emily Long Hoffman, Esquire. 2. The Defendant, Jo C. Flathmann, is represented by and through his counsel, Stephen R. Zawisky, Esquire, of bom & Kutulakis, LLP. 3. A Divorce Compl t was filed by the Plaintiff, Suzanne Flathmann, by and through her counsel on or about'pecember 15, 2009. 4. As a result of under ed counsel's due diligence in resolving this divorce matter as well as another matter on bI half of the Defendant, Defendant's retainer amount has been exhausted and he has incurred es aad costs in the amount of $4,834.14 as of December 13, 2011. 5. Undersigned counsel has received no additional retainer payments as requested. 6. Undersigned counsel refuses to pay for serf 7. Undersigned counsel who does not oppose WHERERFORE, ui request to withdraw as count effectively represent the Defendant, John Flathmann, when he rendered. contacted Emily Long Hoffman, Esquire, counsel for the plaintiff, filing of this Motion. counsel respectfully requests this Honorable Court grant his vl for Defendant, John Flathmann, in this matter. Respectfully submitted, ABOM & KUTULAKIS, L.L.P. R. ZawiXy, 'Car W e, PA 17013 249-0900 Attorney ID No. 89458 AND NOW, this KUTULAKIS, LLP. hereby'. the foregoing Motion to day of December, 2011, I, Shannon Freeman, of ABOM & that I did serve or cause to be served a true and correct copy of as Counsel by First Class U.S. Mail addressed to the following: John C. Flathmann 2221 Gleim Court Enola, PA 17025 Emily Hoffman, Esquire 255 Market Street Millersburg, PA 17061 Attorney for the Plaintiff l ?arm-on Freeman In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: JOHN C. FLATHMANN Member ID Number: 6921102213 Please note: All correspondence must include the Member ID Number. r-ncD s?i7 c") -rt mr - - =W um MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BEI96TS- Z p `Fj w :i>- ? X ° r Financial Break Down of Multiple Cases on Attachment 4 CO ' PACSES Docket Plaintiff Name Case Number Number Attachment Amount/Frequency SUZANNE E. FLATHMANN 961111327 01019 S 2009 166.00 / MONTH SuzANNE (=. FLATNMANtJ 5!!6Itb 11 10 q-7, LDZalC1VLL O.QO Mnu?T1! / / i / TOTAL ATTACHMENT AMOUNT: $ 166.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $38.20 per week, or 50.0%, of the Unemployment Compensation benefits otherwise payable to the Defendant, JOHN C. FLATHMANN Social Security Number XXX-XX-1465, Member ID Number 6921102213. OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated APRIL 17, 2011 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT ?k -t ?14 ? Date of Order: DEC 2 9 2011 L. JUDGE Form EN-034 Service Type M Worker ID $IATT SUZANNE E. FLATHMANN, Plaintiff/Respondent VS. JOHN C. FLATHMANN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09-8629 CIVIL TERM IN DIVORCE Defendant/Petitioner C"') 533111771 PACSES C N c o: ase =M rq c7 rn- "g ORDER OF COURT -< c m C) r „ 2>? ?:? b, AND NOW to wit, this 271h day of DECEMBER, 2011, the Alimony Pendentai tarde)Z is suspended effective October 26, 2011 pursuant to the parties having a split custody arrangement with their two children under PACSES case # 961111327, the child case being reviewed and there is no income available for APL pursuant to the state guidelines. This order shall become final within twenty (20) days after the mailing of the notice of the entry of this order unless either party files a written demand requesting a hearing before the Support Master. BY THE COURT: ly? t ? M. L. Ebert, Jr., J. DRO: R.J. Shadday Cc: Suzanne E. Flathmann John C. Flathmann Form OE-001 Service Type: M Worker: 21209 0 SUZANNE E. FLATHMANN V. JOHN C. FLATHMANN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA C DOCKET NO: 2009-8629 xrrn N rnr-- ^° z r-: CIVIL ACTION - LAW _ IN DIVORCE v S -n -- ?? to ?r i AND NOW, this YA day of -T4kn u a r j , 20 12 , upon Motion of Stephen R. Zawisky, Esquire, a Rule is hereby issued upon the parties to show cause why the Petitioner should not be permitted to withdraw as counsel for Defendant, John C. Flathmann. Rule returnable 10 days after the date of service of this Order. Service to be by certified mail upon John C. Flathmann. and regular first-class mail upon Emily Long Hoffman, Esquire, counsel for Plaintiff, Suzanne E. Flathmann. BY THE COURT: Distribution: Stephen R. Zawisky, Esquire V Emily Long Hoffman, Esquire Cep .es t?,a eo( I /311 a ey-6- LIEN SATISFACTION Name: John Flathmann Member Number: M#6921102213 Judgment Lien Satisfied as of: 8/1/11 Amount Paid: $ 5857.81 Signed: 9W.,c (Lien Coordinator) Pacses# 533111771 No. 09-8629 Civil DR# c C CD c? 7> c-, SIG = -; x o A CD ? ate) CC722 Suzanne E. Flathmann IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY LVANIA Plaintiff vs. John C. Flathmann ; NO. 2009-8629 2009 Defendant C.) o --rl MOTION FOR APPOINTMENT OF MASTER G -- ".a '; = --- In Defendant moves the court to appoint a master wi thct t?,, rn n VP f t - the following claims: g r = 0 ;Om © Divorce ? Distribution of Property f- ? Annulment ? Support CA ? Alimony ? Counsel Fees ? Costs and Expenses ? Alimony Pendente Lite t' C-) . and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is request4} C3 2. The defendant has appeared in the action (personally) (by his attorney,_ Oil R. Zewisky , Esquire). 3. The staturorv ground (s) for divorce is irretrievably broken 4. Delete the inapplicable paragraph (s): A E1 B E3 C ?X a. The action is not contested. b. An agreement has been reached with resnect to the following claims: C. The action is contested with respect to the following claims: The plaintiff, S- E. Flathmaon is to pay Defendant, John C. FYthmem the amount owed and pwsuant to the agreement, -ly $1,85.75. Defends* further respectfully requests that this Womble taut enter an order requiting the Plaimiff, Snmooe E. Flaft- w pay fees and costs f briogmg this aaim, 5. The action SELECT ONE complex issues of law or fact. 6. The hearing is expected to take 1 hours 7. Additional information, if anv. relevant to the n: andto refer to Divorce Master. Attorney's for both Plaintiff and Defendant met wi Jud g Date: 1 /10/2012 ey for John C Flathmann (self) Print Name ORDER APPOINTING MASTER C: AND NOW CZRA-t&Lq- / , 20%, t • GF? -Zr Es j is appointed master with respect to the following claims: r ;?'t rl -C r%j i By the Court, .t l.J r- ^i C?i f' ?milN Lon9q Flo{man R e? 06 MM-90P P JohnO is In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUZANNE E. FLATHMANN Plaintiff vs. JOHN C. FLATHMANN Defendant Docket Number: 09-8629 CIVIL PACSES Case Number: 533111771 Other State ID Number: DEMAND FOR HEARING c ° w xrr? ?- ?- S. cn r` Date of Order: December 27 2011 -<n CD , '54' Amount: $ O DO per month L? ? , For the support of: SUZANNE E. FLATHMANN Party Filing Demand for Hearing: JOHN C. FLATHMANN 2 Date Form OE-014 08/11 Service Type M Worker ID 21205 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUZANNE E. FLATHMANN, Plaintiff vs. JOHN C. FLATHMANN, Defendant Docket Number PACSES Case Number Other State ID Number ORDER OF COURT 09-8629 CIV& a fir; w 53311177 n n <p -v on e") ? c :c _ , . CD c.5 You, Suzanne E. Flathmann of Cumberland County. Pennsylvania, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 12th of March, 2012, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have availab? to you, 6. information relating to professional licenses, 7. other: , z "'Ti C-- k W a d' . - O CM-509 _ FLATHMANN V. FLATHMANN PACSES Case Number 533111771 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Hq-0- -. ??A Date of Order: M. L. Ebert, Jr., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street 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. CM-509 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUZANNE E. FLATHMANN, ) Docket Number 09-8629 CIVIL Plaintiff vs. ) PACSES Case Number 533111771 , rnrn JOHN C. FLATHMANN, ) Other State ID Number ? Cn Defendant ) +p ? c CID ORDER OF COURT You, John C. Flathmann of Cumberland County, Pennsylvania, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 12th of March, 2012, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. 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 Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have avail o , 6. information relating to professional licenses, ` =+o 7. other: co r, M ? w CM-509 FLATHMANN V. FLATHMANN PACSES Case Number 533111771 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: 1 ? S - ? 7 BY T E COT: "?\ I ?'? M. L. Ebert, Jr., JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street 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. CM-509 Emily Long Hoffman, Esquire Attorney I D. #66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Plaintiff t r Q TF101g0 TAp ?, 2012 JAN 26 Pty 1:38 CB11BERLANO COUNTY PENNSYLVANIA SUZANNE E. FLATHMANN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 JOHN C. FLATHMANN, Defendant CIVIL ACTION - LAW IN CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S RULE AND NOW, comes Plaintiff, SUZANNE E. FLATHMANN, by and through her attorney, Emily Long Hoffman, Esquire, and in response to Attorney Zawisky's request to withdraw from this action avers that there is no objection to his request to withdraw from his representation of Defendant. Res fully submitted, Emily Long Hoffman, Esquire Sup. Ct. ID # 66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Defendant Date: 1/24/2012 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the attached document on Plaintiff by first class U. S. mail as addressed below: Stephen R. Zawisky, Esquire 2 Nest High St. Carlisle, PA 17015 By: "Y- roily offman Date: 1/24/2012 T? OM & KU i ULAKIS Stephen R. Zawisky, Fs+nre Attorney I.D. #: 89458 2 West High Street Carlisle, PA 17013 (717) 249-0900 SUZANNE E. FLATHMANN V. JOHN C. FLATHMANN ?i 0 11F?= i? 1 7 71012 PEAR -5 PM 3: CCU OUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO: 2009-8629 CIVIL ACTION - LAW IN DIVORCE AND NOW, this 5th day of March, 2012, comes Petitioner, Stephen R. Zawisky, Esquire, of Abom & Kutulakis, L.L.P., who respectfully avers the following: 1. On December 22, 2011, Petitioner filed a Motion to Withdraw as Counsel in the above-captioned matter. 2. A Rule to Show Cause was issued on January 3, 2012, upon the Respondents to show why the Petitioner should not be permitted to withdraw as counsel for Defendant, John C. Flathmann. 3. On January 24, 2012, Plaintiffs Counsel, Emily Long Hoffman, filed a Response to Defendant's Rule indicating that there is no objection to the request to withdraw from representation of Defendant. 4. On January 26, 2012, a copy of Order of Court was sent to Defendant, John Flathmann, by certified mail. 5. Mr. Flathmann signed for his certified mail on January 27, 2012. (See Return Receipt Card attached hereto as Exhibit "A".) 6. More than twenty days have elapsed and Defendant has failed to file a response to the Order of Court with the Rule to Show Cause. WHEREFORE, undersigned counsel respectfully requests this Honorable Court grant his request to withdraw as counsel in this matter. Respectfully submitted, ABOM &KUTULAJff9.--L.-L.P. Date Fen R. Zawi yEs ey LD. o. High t Carlisle, PA 17013 (717) 249-0900 ¦ Complete Items 1, 2, and 3. Also complete A. SI natureitem 4 if Restricted Delivery is desired. X Print your name and address on the reverse so that we can return the card to you. B. Received Printed Name) Attach this card to the back of the mailpiece, on the front if space permits. ,rticle Addressed to: J(y?W rJohmA-0A Rp P025 Agent C. Date of 1/L`1 D. Is delivery address different from item 1?/ U Yel If YES, enter delivery address below: I No 3. Service Type 0 Certified Mail ? Express Mail ? Registered 19 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7009 2820 0002 2103 8455 (transfer from service label) -------- --------- PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A" AND NOW, this 5`' day of March, 2012, I, Shannon Freeman, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Motion to Make Rule Absolute addressed to the following: John C. Flathmann 2221 Gleim Court Enola, PA 17025 and Emily Hoffman, Esquire 255 Market Street . Millersburg, PA 17061 Attorney for the Plaintiff Aannon Freeman SUZANNE E. FLATHMANN V. JOHN C. FLATHMANN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DOCKET NO: 2009-8629 CIVIL ACTION - LAW IN DIVORCE AND NOW, this ?th day of h cc , 2012, upon consideration of the within Motion to Make Rule Absolute, said Motion is hereby GRANTED, Stephen R. Zawisky, Esquire and Abom & Kutulakis, L.L.P., are hereby granted leave to Withdraw as Counsel for the above-named Defendant, John C. Flathmann. BY THE COURT: M.L. Ebert, Jr., Judge C7 = N ? C** ? .. zr f•,J '°? rim elm z xy (T7-_ r. Distribution: v r-- , 1_ ' :t Stephen R_ Zawisky, Esquire f Emily Long Hoffman, Esquire mit led . ?L Emily Long Hoffman, Esquire ' L L t.. - `- ' Attorney I.D. #66307 Attorney for Plaintiff 255 Market Street 20AR ¢ :a Millersburg, PA 17061 12 AM : 3 (717)979-8849 CUMBERLAND i:iU1t PENNSYLVANIA SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNA. NO. 2009-8629 JOHN C. FLATHMANN, CIVIL ACTION - LAW Defendant/Responden t IN CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 15,, 2009, reinstated July 2, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Suzann E. Flathmann Emily Long Hoffman, Esquire Attorney I.D. 466307 255 Market Street Millersburg, PA 17108-1475 (717) 979-8849 ?- ` D 0 F F Attorney for Plaintiff 21112 MAR 12 AM 10: 3 - SUZANNE E. FLATHMANN, Plaintiff/Petitioner JOHN C. FLATHMANN, Defendant/Responden t. N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 CIVIL ACTION - LAW IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Suz a E. Flathmann Emily Long Hoffman, Esquire Attorney I.D. #66307 255 Market Street Millersburg, PA 17061 (717)979-8849 SUZANNE E. FLATHMANN, Plaintiff/Petitioner JOHN C. FLATHMANN, Defendant/Responden t H P'; 2012 HAR 12 Ali 1Q: Att844-1 t i l I` ' ANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 15, 2009, reinstated July 2, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ohn C. Flathmann -ur #= I THE Emily Long Hoffman, Esquir?lf {2 MAR 12 AM IC: v 5 Attorney I.D. #66307 CUMBERLAND OUNI E 255 Market Street PENNSYLVOIA Millersburg, PA 17108-1475 (717) 979-8849 Attorney for Plaintiff SUZANNE E. FLATHMANN, Plaintiff/Petitioner JOHN C. FLATHMANN, Defendant/Responden t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 CIVIL ACTION - LAW IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary,. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. r Date: ,,. John C. Flathmann SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN C. FLATHMANN, PACSES NO. 533111771 x? Defendant/Respondent DOCKET NO. 09-8629 CIVIL U, -? z e-o ORDER OF COURT ? ) AND NOW, this 12th day of March, 2012, this matter having been heard by the Support Master on the Defendant's petition for modification of alimony pendente lite, upon recommendation of the Master, it is hereby ordered and decreed that the Defendant's obligation for alimony pendente lite is suspended effective October 26, 2011. By the Court, !x -t ?," ? M. L. Ebert, Jr., J. cc: Suzanne E. Flathmann John C.Flathmann Emily Long Hoffman, Esquire For the Plaintiff c; f J "`Y,S C=p ca --? c cs N ?. DRO/rjs SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION JOHN C. FLATHMANN, PACSES NO. 961111327 Defendant DOCKET NO. 1019 SUPPORT 2009 SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF , Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANW ` V. ?' g JOHN C. FLATHMANN, PACSES NO. 533111771 Defend ant/Respondent DOCKET NO. 09-8629 CIVIL =r :z c:) T SUPPORT MASTER'S REPORT AND RECOMMENDATION -? r1 Following a hearing held before the undersigned Support Master on March 12, 2012, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Suzanne E. Flathmann. 2. The Defendant is John C. Flathmann. 3. The parties were married on August 22, 1992. 4. The parties are the parents of two minor children, Dylan R. Flathmann, born May 31, 1994, and Alana C. Flathmann, born October 20, 1995. 5. Dylan resides with the Defendant, and Alana resides with the Plaintiff. 6. By order dated May 26, 2011 the Defendant's obligation for child support was set at $224.00 per month. 7. The parties are in the process of divorce. 8. There are no outstanding legal claims in the divorce action, but the final decree has not yet been entered. 9. By order dated May 26, 2011 the Defendant's obligation for alimony pendente lite was set at $241.00 per month. 10. On October 26, 2011 the Defendant filed a petition for modification of the support order. 11. The Plaintiff is self-employed as the owner of a cleaning service. 12. The Plaintiff currently has gross income from her business of $420.00 per week. 13. The Plaintiff reported total business expenses for the operation of her business in 2011 of $1,082.00. 14. In 2012 the Plaintiff will be required to pay sales tax of 6 percent of gross receipts for her services. 15. The Plaintiff is a certified makeup artist. 16. The Plaintiff earned $1,611.00 in gross profit in 2011 performing makeup services. 17. The Plaintiff ceased doing this work in 2012 to devote her time to operating her cleaning service. 18. The Plaintiff's tax filing status is head of household with her daughter claimed as a dependency exemption. 19. The Defendant was receiving unemployment compensation benefits of $573.00 per week when the prior order was entered. 20. The Defendant is making good-faith efforts to obtain employment. 21. The Defendant continues to receive unemployment compensation benefits. 22. The Defendant's tax filing status is head of household with his son claimed as a dependency exemption. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Mackay v. Mackay, 984 A.2d 529 (Pa. Super. 2009). Since the entry of the order in May, 2011 the marital residence has been sold and the net proceeds have been distributed between the parties. The Plaintiff testified that there were no unresolved legal claims remaining in the divorce action. Consequently no basis exists for a continued obligation for alimony pendente lite. The Plaintiff has chosen to concentrate her employment efforts on the operation of her cleaning service. She has average gross weekly income of $420.00. She's required to pay 6 percent of her income as sales tax and has additional business expenses of approximately $90.00 per month. Her net profit is approximately $1,620.00 per month. With a tax filing status of head of household and her daughter claimed as a dependency exemption, she has net monthly income for support purposes of $1,492.00.' ' See Exhibit "A" for the tax credits and deductions. 2 The Defendant has income in the form of unemployment compensation benefits of $573.00 per week, or $2,483.00 per month. With a tax filing status of head of household and his son claimed as a dependency exemption, he has net monthly income for support purposes of $2,366.00.2 With combined net monthly income of $3,857.00 the basic requirement for the support of one child is $837.00 per month.3 The Defendant's proportionate share of that amount is $513.00. Because of the split custody arrangement in this case, the Defendant's monthly support obligation for his daughter is reduced to $190.00 per month.4 RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for the support of his daughter, Alana C. Flathmann, born October 20, 1995, the sum of $190.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $19.00 per month on arrears until paid in full. C. Both parties shall attempt to provide health insurance coverage for the benefit of said child as is available to them through employment or other group coverage at a reasonable cost. D. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 60% by Defendant and 40% by Plaintiff. E. The effective date of this order is October 26, 2011. F. The Defendant's obligation to pay alimony pendente lite is suspended effective October 26, 2011. (02 , '9o Date Michael R. Rundle Support Master 2 See Exhibit "A" for tax deductions from gross income. 3 See Pa.R.C.P. 1910.16-3. 4 See Exhibit "B" for the guideline calculation. cc: Suzanne E. Flathmann John C. Flathmann Emily Long Hoffman, Esquire For the Plaintiff DRO/r s 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Suzanne E. Flathmann Defendant Name: John C. Flathmann Docket Number: 1019 S 2009 PACSES Case Number: 961111327 Other State ID Number: Tax Year: Current: 2012 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Head of Household Head of Household 3. Who Claims the Exemptions Customize 4. Number of Exemptions 2 2 5. Monthly Taxable Income $2,483.00 $1,620.00 6. Deductions Method Standard Standard 7. Deduction Amount $725.00 $725.00 8. Exemption Amount $633.34 $633.34 9. Income MINUS Deductions and Exemptions $1,124.66 $261.66 10. Tax on Income $117.03 $26.17 11. Child Tax Credit - $26.17 12. Manual Adjustments to Taxes - _ 13. Federal Income Taxes $117.03 -$136.42 13 a. Earned Income Credit - $136.42 14. State Income Taxes - $49.73 15. FICA Payments - $198.98 16. City Where Taxes Apply Select Select 17. Local Income Taxes - $16.20 TOTAL Taxes $117.03 $128.49 SupportCalc 2012 EXHIBIT "A" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: SUZANNE E. FLATHMANN Defendant Name: JOHN C. FLATHMANN Docket Number: 01019 S 2009 PACSES Case Number: 961111327 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Support Guideline Calculation CHILD SUPPORT Defendant Plaintiff 1. Number of Dependents in this Case 01 01 2. Total Gross Monthly Income $ 2,365.97 $ 1,491.51 3. Less Monthly Deductions 4. Monthly Net Income 5. Combined Total Monthly Net Income 6. Plus Monthly Social Security Benefit for Child/Children 7. Adjusted Monthly Net Income 8. Basic Child Support Obligation 9. Basic Child Support Less Monthly Social Security Benefit for Child/Children 10. Net Income as Percentage of Combined Amount 11. Each Parent's Monthly Share of the Basic Child Support Obligation 12. Adjustment for Shared Custody 13. Adjustment for Child Care Expenses 14. Adjustment for Health Insurance Premiums 15. Adjustment for Unreimbursed Medical Expenses 16. Adjustment for Additional Expenses 17. Total Obligation with Adjustments 18. Less Split Custody Counterclaim 19. Obligor's Support Obligation Service Type M $ 0.00 $ 2,365.97 $ 0.00 $ 1,491.51 3,857.48 $ 3,857.48 $ 837.00 $ 837.00 61.33 % 38.67 % $ 513.33 $ 323.67 $ 513.33 $ 323.67 $ 189.66 Form OE-019 Worker ID 21300 EXHIBIT "B" SUZANNE E. FLATHMANN, Plaintiff VS. JOHN C. FLATHMANN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 8629 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this / 6-q- day of , 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 12, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ? Emily Long Hoffman Attorney for Plaintiff V54,- •7" /064, Kev' A. Hess, P.J. John C. Flathmann c ° _i Defendant MOD L • Abber -k LJ, dew -, Est =M ? `arm ??res Pha3ed -<A CD Q xC; -o r G c c, C.` 5c= N _ ??" MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this e1day of 2012, by and between John Flathmann, (hereinafter referred to as "HUSBAND") and Suzanne Flathmann (hereinafter referred to as "WIFE"). The parties were married on August 22, 1992. The parties wish to settle their equitable distribution property rights and all support rights including Alimony, APL and spousal support due to their separation and divorce. Thus, in consideration of the mutual promises and of consideration in the amount of One Dollar ($1.00), receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside where they desire and to be free from interference by the other. 2. MUTUAL RELEASE: HUSBAND and WIFE each do release the other and the estate of such other from any claims any and all rights, title and interest, or claims in or against the property of the other or against the estate of such other, of whatever nature and wheresoever situated now and in the event that they obtain a divorce. Each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed for a divorce in Cumberland County claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code upon the other parties' request as necessary. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 4. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. Except as otherwise provided herein, the parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees. 5. REPRESENTATION BY COUNSEL: This Agreement has been prepared by EMILY L. HOFFMAN, Esquire, counsel for WIFE. HUSBAND has been advised that he may be represented by an attorney but has chosen not to obtain an attorney and is signing this Agreement by his own free will. The parties acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal Agreement or Agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement. 6. PERSONAL PROPERTY: HUSBAND shall keep the property in his possession, title and name. WIFE shall keep the property in her possession, title and name. HUSBAND has no claim to the property belonging to WIFE. WIFE has no claim to the property belonging to HUSBAND. 7. DEBTS OF THE PARTIES: HUSBAND will pay for the debts in his name and WIFE will pay the debts in her name. 3 8. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 9. RETIREMENT : Each party will keep any and all retirement accounts or pensions in their own names. 10. ATTORNEY FEES AND COSTS. EXPERT FEES AND COSTS: The parties are responsible for their own attorney fees and costs. 11. ADDITIONAL PROVISIONS: A. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. B. Each of the parties shall, at the request of the other, execute, acknowledge and deliver to the other, immediately upon the other's request any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. C. This Agreement shall be construed under the laws of the Commonwealth of 4 Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. D. This Agreement will be incorporated but not merged into the divorce decree. E. If either parry breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. F. All amendments to this Agreement must be in the same form as this Agreement. G. The effective date of this Agreement shall be on the same day as both parties sign this Agreement or on the day that the last party signed this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WI SS WITNESS 5 A- PRAECIPE FOR LISTING CASE FOR TRIAL 1, LE D-6" F i= IC4 (Must be typewritten and submitted in ti4pli6t? R O T H O A' 0 ' TO THE PROTHONOTARY OF CUMBERLAND COUNTY 2 12 MAR 20 PM 12: 14 Please list the following for trial at the next term of civil' NSYLV ANI ? ?' ? for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) John C. Flathmann VS. Suzanne E. Flathmann VS. (Plaintiff) (Defendant) (other) The trial list will be called and ) Trials commence on ?Stf (1c( irIlL- Pretrials will be held on (Briefs are due S days before pretrials No. r-I-CC ) - S<.? 2 Term p 7 ?"40 2q Indicate the attorney who will try case for the party who files this praecipe: John Flathmann, Pro Se Indicate trial counsel for other parties if known: Emily Long Hoffman, Esquire This case is ready for trial. Date:3120/2012 (check one) N Civil Action - Law ? Appeal from arbitration Y?- Signed: Print Nine: John C. Flathmann Attorney for: Pro Se Emily Long Hoffman, Esquire Attorney I.D. #66307 Attorney for Plaintiff 255 Market Street Millersburg, PA 17061 (717) 979.8849 SUZANNE E. FLATHMANN, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 JOHN C. FLATHMANN, Defendant/Responden t CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE -v ? MW -!WM r- ro ru ro CD X" I hereby certify that, on the 6th day of July 2010, Defendant was served with a true and correct copy of the above-referenced divorce complaint, re-instated on July 2, 2010, by personal service. S r A vV Emily Long offinan Sup CtID 66307 255 Market St Millersburg, PA 17061 717-979-8849 Fax: 717-370-5515 rn- 7) r- r -r 7 771 Date: 3 U - a " 'Z LC ;;' 3. e {Yl. r 20 12 Hl i\ 22 P r PENNSYLVANIA IN THE COURT OF COMMON PLEAS OFT ---- - - -? Cumberland County, Pennsylvania CIVIL DIVISION Suzanne E. Flathmann John C. Flathmann Plaintiff vs. Defendant File No. 2009-8629 IN DIVORCE Counter-Affidavit Under 3301(d) of the Divorce Code 1. Check either (a) or (b): ? (a) I do not oppose the entry of a divorce decree. ® (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ® (ii) The marriage is not irretrievably broken. (Rev-7/08) 2. Check either (a) or (b): ? (a) I do not wish to make any claims for economic relief. 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. ® (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this Counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authoritie: Date: 3/21/2012 NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER AFFIDAVIT. (Rev.7/08) AO 133 (Rev. 12/09) Bill of Costs UNITED STATES DISTRICT COURT for the Middle District of Pennsylvania _'?l John C. Flathmann V. Suzanne E. Flathmann Case No.P009-8629 BILL OF COSTS Judgment having been entered in the above entitled action on 3/2Date12 _ against Suzanna F2thm?nn /20 the Clerk is requested to tax the following as costs: Fees of the Clerk .................................................................. $ Fees for service of summons and subpoena .............................................. Fees for printed or electronically recorded transcripts necessarily obtained for use in the case ...... Fees and disbursements for printing .................................................... Fees for witnesses (itemize on page two) ................................................... 0 Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case ................................................. Docket fees under 28 U.S.C. 1923 ..................................................... Costs as shown on Mandate of Court of Appeals .......................................... Compensation of court-appointed experts ............................................... Compensation of interpreters and costs of special interpretation services under 28 U.S.C. 1828 ..... Other costs (please ........................... 10,380.07 TOTAL $ 0 SPECLIL NOTE: Attach to your bill an itemization and documentation for requested costs in all categories. Declaration I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy of this bill has been served on all parties in the following manner: Electronic service First class mail, postage prepaid F] Other: s/ Attorney: Name of Attorney-John G. Flathmann -- For: john G. ri$thmnnn Pm So Date: -312112012 Name of Claiming Party Taxation of Costs Costs are taxed in the amount of Clerk of Court By: Deputy Clerk and included in the judgment. Date UNITED STATES DISTRICT COURT Witness Fees (computation, cf. 28 U.S.C. 1821 for statutory fees) ATTENDANCE SUBSISTENCE MILEAGE Total Cost NAME, CITY AND STATE OF RESIDENCE Total Total Total Each Witness Da vs Cost Da vs Cost Miles Cost TOTAL NOTICE Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides: "Sec. 1924. Verification of bill of costs." "Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed." See also Section 1920 of Title 28, which reads in part as follows: "A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree." The Federal Rules of Civil Procedure contain the following provisions: RULE 54(d)(1) Costs Other than Attorneys' Fees. Unless a federal statute, these rules, or a court order provides otherwise, costs - other than attorney's fees - should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 day's notice. On motion served within the next 7 days, the court may review the clerk's action. RULE 6 (d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after service and service is made under Rule5(b)(2)(C), (D), (E), or (F), 3 days are added after the period would otherwise expire under Rule 6(a). RULE 58(e) Cost or Fee Awards: Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees. But if a timely motion for attorney's fees is made under Rule 54(d)(2), the court may act before a notice of appeal has been filed and become effective to order that the motion have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CAWSLE, PA. 17013 Phone: (717) 240-6225 DECEMBER 5, 2011 Fax: (717) 240-6248 Payee Name: SUZANNE E. FLATHMANN Payor Name: JOHN C. FLATHMANN PACSES Member Number: 6921102213 PACSES Case Number 961111327 Other State ID Number. Please nobs: MI co msM-fin must lndwb the PALM Case Number. - - ---- - Statement- Yes ? ft Paymmentsfor Individual-Case------ JOHN C. FLATHMANN Dear JOHN C. FLATHMANN Court records indicate that a total of$ 8,316.92 was disbursed during 2011. Total disbursed for. Unallocated Family Support (Spouse/Child[ren]) $ 0.00 Child(ren) Support $ 6,871.66 Spousal Support/Alimony Pendente Lite/Alimony $ 1,445.26 Medical Support $ 0.00 Fees $ 0.00 Total Disbursed on All Obligations: $ 8,316.92 Note: If used for tax purposes, this form must be accompanied by a copy of the support order. Sincerely, ACCOUNTING OFFICE Form FW16 07/11 Service Type M Worker ID 21005 n t"ie Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELA i IONS SECTION 13 N. HANOVER ST, P.O. BOX 32C, CARLISLE, PA, 17013 Phone: +;7' 7) 240-6225 DECEMBER 5. 2011 Fax: (717) 240-6248 Payee Name: SUZANNE E. FLATHMANN Payor Name: JOHN C. FLATHMANN PACSES Member Number: 6921102213 PACSES Case Number: 961111327 Other State ID Number: Please note: All correspondence must Include the PACSES Case Number. Statement of Yearly Payments for Individual Case JOHN C. FLATHMANN Dear JOHN C. FLATHMANN Court records indicate that a total of$ 8,316.92 was disbursed during 2011. Total disbursed for: Unallocated Family Support (Spouse/Child[ren]) Child(ren) Support Spousal Support/Alimony Pendente Lite/Alimony Medical Support Fees Total Disbursed on All Obligations: $ 0.00 -- 66 $ c 1,445.26 $ 0.00 Note: If used for tax purposes, this form must be accompanied by a copy of the support order. Sincerely, ACCOUNTING OFFICE Form F1-016 02/11 Service Type M Worker ID 21005 10 Emily Long Hoffinan, Esquire Attorney I.D. #66307 Attorney for PLAINTIFF 255 Market Street Millersburg, PA 17061 (717) 979-8849 w? 2? 12 MAR 26 FM 1: 4 Q NMBERL.? U t?et1 ak'? el. SUZ ANNE E. FLATHMANN, Plaintiff/Petitioner JOHN C. FLATHMANN, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 2009-8629 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (reinstated July 2, 2010) served by personal service on July 6, 2010. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 3/12/2012; by defendant 3/12/2012. b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: N/A. (2) Date of filing and service of the plaintiff's affidavit upon the respondent: N/A. 4. Related claims pending: None 5. a Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. b. Date plaintiff's Waiver of Notice was filed with the Prothonotary 3/12/2012. Date defendant's Waiver of Notice was filed with the Prothonotary 3/12/2012. Respectfully submitted, l? v V $,-? $mily Long Hoffman, Esquire I '. OF CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the attached document on Defendant by first class U.S. mail as addressed below: John C. Flathmann 2221 Gleim Court Enola, PA 17025 Date March 20, 2012 By: Emily Lon offman 90882 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Suzanne E. Flathmann V. John C. Flathmann NO. 2009-8629 DIVORCE DECREE AND NOW, ?i^G?1 GIB '/ , it is ordered and decreed that Suzanne E. Flathmann John C. Flathmann bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, Attest: P (Othonotary roey A,7? 4yqevw eqpl 4AL John C Flathmann, Pro Se 2221 Gleim Court Enola, PA 17025 In The Court Of Common Pleas Cumberland county, PA John C Flathmann, Plaintiff vs. Suzanne E. FlathmannDefendant C ? d T rvy _'ti :_ Docket No.: 2009-8629 Civil Complaint Petition To challenge The Pa Divorce Code on Docket No, 2009- 8629 Comes now, John C Flathmann, Defendant and files this complaint against Suzanne E. Fllathmann, Plaintiff, and in support thereof the following facts and matters, to wit. Parties and Jurisdiction The Plaintiff is a citizen of Cumberland County and resides at 309 Antilles Court, Mechanicsburg, PA 17050 The Defendant is a citizen of Cumberland County and resides at 2221 Gliem Court, Enola, PA 1702.5 Facts New information has surfaced to support that The Plaintiff willfully, actively. Wrongfully and torturously committed adultery with two men Lawrence Van Loo;. (ex-husband and ex-FBI Agent, now retire) and Michael Billet (The owner of the business her father works for), Once I informed Mr. Van Loon's Wife of a possible affair , the affair ended and Mrs., Flathmann immediately started and affair and sexual relations with Mr. Billet. Mrs. Also provided false testimony and conspired with her ex- husband Lawrence Van Loon who is a retire 25 year FBI Agent (which is a violation of my civil rights) to exploit the Pa Legal System and DRO to gain unobstructed access to marital access and have me incarcerated. The Plaintiff Defendant committed adultery by engaging in sexual relations With. Lawrence Van Loon which Mrs. Flathmann admitted to and later retracted. The Plaintiff conspired with Mr.. Van Loon exploiting 25 years experience as a retired FBI Agent. Plaintiff's conspired for 'sours a day Via telephone (which sample is attached as exhibit A). Mrs. Flathmann phoned PA DRO and immediately afterwards phoned Mr. Van Loon Defendant then immediately after phoned her attorney and immediately after that called Mr. Van Loon again and this went on for several weeks phone Which resulted in a bogus PFA and later 90 days in Cumberland county prison. I am in the process of fling actions against Mr. Van Loon (see exhibit A) Respectfully d, zc John C Flathmann, 2221 Gliem Court Enola, PA 17025 Pro Se sample phone records between the DRO, Attorney's, Suzanne & Larry Van Loon • Red is Suzanne Flathmann's cell phone 717-319-3908 • Blue is The Flathmann's home phone • Green represents when Suzanne called Larry and then both her lawyer and domestic relations and then Larry again and this process went many times clearly conspiring to harm John Flathmann., clearly Larry was directing and advising Suzanne. 12/06 8:18F' 717-480-3066 Off-Peak M2MAllow Mechanicsb PA Harisbgzna PA 2 Minutes 12/06 8:20P 410-901-1475 Off-Peak N&W Mechanicsb PA Cambridge MD 24 Minutes 12/06 8:39P 410-901-1475 Off-Peak N&W Mechanicsb PA Cambridge MD 131 Minutes !2/06/2010 Total 157 Minutes 12/07 10:23A Unavailable Peak PlanAllow Mechanicsb PA Incoming CL 12107 2:09P 717-608-9764 Peak PlanAllow Camp Hill PA :Incoming CL 12107 2:22P 410-901-1475 Peak PlanAllow Camp Hill PA Cambridge MD !2/07/2010 5 Minutes 7 Minutes 20 Minutes Total 32 Minutes 12/08 7:49A 410-901-1475 Peak PlanAllow Mechanicsb PA Cambridge MD 28 Minutes 12/08 8:29A 410-901-1475 Peak PlanAllow Mechanicsb PA Cambridge MD 22 Minutes 12/08 9:49A Unavailable Peak PlanAllow Mechanicsb PA Incoming CL 11 Minutes 12/08 9:23P 410-901-1475 Off-Peak N&W Mechanicsb PA Cambridge MD 140 Minutes !2/08/2010 (pathetic) Total 245 Minutes 12/09 5:53P 717-480-3066 Peak M2MA11ow Mechanicsb PA Harisbgznl PA '2 Minutes 12/09 9:36P 410-901-1475 Off-Peak N&W Mechanicsb PA Cambridge MD 143 Minutes !2/09/2010 Total 163 Minutes 12/10 9:11F' =110-901-1475 Off-Peak N&W Mechanicsb PA Cambridge MD 51 Minutes 12/10 10:02P 410-901-1475 Off-Peak N&W Mechanicsb PA Cambridge MD 28 Minutes !2/10/2010 Total 105 Minutes 12/11/2010 Total 73 Minutes 12/12 8:12A 410-901-1475 Off-Peak N&W Mechanicsb PA Cambridge MC 2 Minutes 12/12 8:46A 410-901-1475 Off-Peak N&W Mechanicsb PA Cambridge MD 7 Minutes 12/12 2:19P Unavailable Off-Peak M2MA11ow Mechanicsb PA Incoming CL 8 Minutes 12112 3:08P 717-480-3066 Off-Peak M2MA11ow Mechanicsb PA Harisbgznl 1 Minutes 12/12 4:19P Unavailable Off-Peak M2MA11ow Mechanicsb PA Incoming CL 13 Minutes 12/12/2010 Total 31 Minutes 12/13 12:12P 717-480-3066 Off Mechanicsb PA Harisbgznl PA 7 Minutes !2/13/2010 Total 7 Minutes 12/14 8:47A Unavailable Mechanicsb PA Incoming CL 14 Minutes 12/14 9:16A 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 1 Minutes 12/14 9:21A !Unavailable Peak PlanAllow Mechanicsb PA Incoming CL 7 Minutes 12/14 12:45P Unavailable Peak: PlanAllow Mechanicsb PA Incoming CL 4 Minutes 12/14 4:50P Unavailable Peak M2MAllow Mechanicsb PA Incoming CL 8 Minutes !2/14/2010 Total 34 Minutes 12/15 8:37A Unavailable Peak M2MAllow Mechanicsb PA Incoming CL' 1 Minutes 12/15 8:56A 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 24 Minutes 12/15 11:38A 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 1 Minutes 12/15 11:44A 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 2 Minutes 12/15 11:59A Unavailable Peak PlanAllow Mechanicsb PA Incoming CL 3 Minutes 12/15 1:36P 717-480-3066 2MAllow Mechanicsb PA Harisbgznl PA 11 Minutes 12/15 2:05P 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 1 Minutes 12/15 4:59P 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 12 Minutes 12/15 6:28P Unavailable Peak M2MAllow Mechanicsb PA Incoming CL 5 Minutes 12/15 6:33P Unavailable Peak M2MAllow Mechanicsb PA Incoming CL 1 Minutes 112/15/2010 (15 call Pathetic) Total 75 Minutes 12/16 7:53A 717-480-306 Mechanicsb PA Harisbgznl PA 23 Minutes 12/16 10:43A 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 3 Minutes 12/16 2:47P 7'17-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 1 Minutes 12/16 3:36P Unavailable Peak M2MAIIow,CallWait Camp Hill PA Incoming CL 1 Minutes 12/16 3:40P 717-480-3066 Peak M2MAllow Camp Hill PA Harisbgznl PA 6 Minutes 12/16 6:44P Unavailable Peak M2MAIlow Mechanicsb PA Incoming CL 14 Minutes !2/16/2010 Total 48 Minutes 12117 10:53A Unavailable Peak M2MAllow Mechanicsb PA Incoming CL 3 Minutes 12/17 2:35P Unavailable Peak PlanAllow Mechanicsb PA Incoming CL 12 Minutes 12/17 3:50F 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgzni PA 2 Minutes 12/17 5:34P Unavailable Peak PlanAllow Mechanicsb PA Incoming CL 7 Minutes 12/17 8:31P 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgzni PA 1 Minutes !2/17/2010 Total 25 Minutes 12/18 8:50A 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl. PA 4 Minutes 12/18 8:58A Unavailable Peak PlanAllow Mechanicsb PA Incoming CL 49 Minutes 12/18 12:58P Unavailable Peak M2MAllow Mechanicsb PA Incoming CL 11 Minutes 12/18 2:01P 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 2 Minutes !2/14/2010 Total 64 Minutes 12/21 9:25A 17-480-3066 Peak M2MAllow Mechanicsb PA Harisbgzni PA 1 Minutes !2/14/2010 (Must have been screwing each other) Total 3 Minutes 12/21 10:17A 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgznl PA 1 Minutes 12/21 1.0:27A 717-480-3066 Peak M2MAllow Mechanicsb PA Harisbgzni PA 1 Minutes 12/21 10:28A Unavailable Peak PlanAllow Mechanicsb PA Incoming CL 24 Minutes a? , PAUL BRADFORD ORR LAW OFFICES 50 EAST HIGH STREET, CARLISLE, PA 17013 PHONE (717) 258-8558 FAX (717) 258-5289 Email: 1w ?n:?g.----- -? Paul Bradford Orr, Esquire Robin Starner, Office Manager/Notary Public March 19, 2012 SENT VIA FAX ONLY TO: (717) 761-0753 OF COUNSEL Allen C. Welch, Esquire Email:( Y! m )ef 1 ,, ao1.com Hampden Township Police Department District Justice Thomas Placey ATTN: Officer Coy and/or any other Fax: (717) 737-6779 Officer on Duty over July 4th Weekend Fax: (717) 761-0753 RE: Suzanne E. Flathmann v. John C. Flathmann Dear Hampden Township Police Department and District Justice Placey: Please be advised that I have been retained by John C. Flathmann in a variety of matters including but not limited to a previously entered temporary PFA and related Simple Assault charges. Furthermore, there is also a Harassment Summary charges facing Mr. Flathmann now scheduled before District Justice Placey on Thursday, July 8, 2010, at 3:00 pm. First and foremost, I am respectfully requesting that the Bench Warrant issued yesterday by District Justice Placey be held in abeyance until next Thursday's Summary Trial. While my office filed a Petition for a Temporary Injunctive Order on Wednesday, June 30, 2010, and had that Petition served on Suzanne E. Flathmann that afternoon, an Order was not issued by Judge Oler until today, Friday, July 2, 2010. (See copy of Order Attached) It is my clients position that the allegations set forth in both the PFA and the Criminal Charges are blatantly false and were used as a tool to remove him from the home so she could then empty the Marital Home of all contents. This morning, my clients fears proved correct as I personally witnessed a moving van and Suzanne Flathmann's grey Mercedes parked at 309 Antilles Court, Mechanicsburg, Silver Spring Township, and further, confirmed that 1200 Kings Circle, Hampden Township has been vacated. My client is concerned about other animals that were left in the Hampden Township home and has requested permission to enter that home in order to provide for those animals. Unfortunately, one of District Justice Placey's prior Bail Conditions was that Mr. Flathmann not be within 100 yards of 1200 Kings Circle..... We are respectfully requesting that your department hold off on any service of the Warrant issued yesterday by District Justice Placey and that you confirm that Suzanne Flathmann has in fact vacated the Marital residence, effective this morning and further, that she did in fact remove substantial Marital Property from the Hampden Township residence and moved it to the Silver Springs Township residence. As it is a long holiday weekend, my client and I are hopeful that you will agree to hold off on any attempts to take Mr. Flathmann into Custody until you have confirmed Ms. Flathmann's actions regarding the dissipation of Marital Property. I thank you n advance for your consideration and welcome your call, at any time this weekend to my cell number (717) 385-7874. Sincerely, Paul Bradford Orr, Esquire PBO/rls cc: John Flathmann SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN C. FLATHMANN, DEFENDANT NO. 09-8629 CIVIL ORDER OF COURT AND NOW, this 5th day of April, 2012, upon consideration of John Flathmann's Pro Se "Petition to challenge The Pa Divorce Code on Docket No, 2009-8629" IT IS HEREBY ORDERED AND DIRECTED that the Petition is DENIED. By the Court, LC>r1aK CS?. Suzanne E. Aathmann Plaintiff - Ao address ''`''t /John C. Flathmann Defendant bas C' pies ?na.?r? q1-611a M. L. Ebert, Jr., J. " r Aez: Emily Long Hoffman, Esquire Attorney I.D. #66307 Attorney for Plaintiff 255 Market Street Millersburg, PA 17061 (717) 979-8849 SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNA. NO. 2009-8629 -? JOHN C. FLATHMANN, CIVIL ACTION - LAW z;; Defendant IN CUSTODY :r> C7, PLAINTIFF'S MOTION TO OPPOSE COUNTER AFFIDAVIT, c BILL OF COSTS, LISTING OF CASE AND DISCOVERY AND NOW, comes Plaintiff, SUZANNE E. FLATHMANN, by and through her attorney, Emily Long Hoffman, Esquire, and in support of her Motion to Oppose Counter- Affidavit and Bill of Costs and Discovery avers as follows: 1. This Honorable Court entered a Divorce Decree in the above-referenced action on March 27, 2012 which was certified March 28, 2012, pursuant to the parties' finalization of all property issues. 2. Defendant John Flathmann filed a Petition to Challenge the Pa Divorce Code on April 3, 2012, which was denied by The Honorable M.L. Ebert, Jr., on April 5, 2012. 3. Defendant filed a Counter Affidavit with an attached Bill of Costs on March 22, 2012. 4. On March 20, 2012, Defendant obtained a Subpoena to Produce Documents or things for Discovery Pursuant to Rule 4009.22 requesting detailed phone records from October 1, 2009 to June 28, 2010, which document was emailed to Plaintiffs counsel. 908821 5. On March 20, 2012, Defendant filed a Praecipe for Listing Case for a jury Trial erroneously referencing docket number 2009-8627. 6. Defendant's continuous and irrelevant filings are vexatious. 7. There is a PFA order in effect which action was instituted by Plaintiff and which is docketed at 2010-4180 under the caption of Suzanne Flathmann v. John Flathmann. 8. The continuous filings by Defendant are untimely and unwarranted as the parties entered into a marital settlement agreement on March 12, 2012, which is filed to the above- referenced docket number and the divorce is finalized. 9. The parties on March 12, 2012 signed Affidavits of Consent, Waivers of Notice and a Marital Settlement Agreement in the Office of the Divorce Master of Cumberland County immediately following a support hearing with Michael Rundle, Esquire. 10. In the aforementioned documents, the parties specifically agreed that the marriage is irretrievably broken and waived all marital claims. 11. On March 12, 2012, the documents were filed with the Prothonotary of Cumberland County and the Master withdrew his appointment. 12. The matters for which Defendant claims relief have been fully resolved. 13. Plaintiff opposes said Bill of Costs as unwarranted and unlawful. 14. Defendant has also filed a Praecipe for Listing Case for Trial for the trial term commencing on July 23, 2012. 15. Defendant has sent Subpoenas to Attend and testify to third parties and a Subpoena to Produce Documents to Plaintiff under the above-captioned matter. Please see subpoenas attached hereto as Exhibit "A". 16. Plaintiff objects to said subpoenas and requests that an order be entered denying 908821 Defendant's attempt to obtain any and all further discovery in this closed matter. 17. Paragraph 11 (E) of the Marital Settlement Agreement provides that "If either party breaches the agreement then the other party shall have the right to sue for damages for such breach or seek other such remedies or relief as may be available and the party breaching the contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement". 18. Defendant's filing of the Bill of Costs, the Praecipe for Listing Case for Trial and the subpoenas is vexatious and obdurate and is contrary to the terms of the parties' Property Settlement Agreement in which the parties' waived all rights against the other arising from the marnage. 19. Defendant is in breach of the parties Agreement of March 12, 2012, in failing to abide by the terms of the Agreement. 20. Defendant is in contempt of a court order in that the Marital Settlement Agreement is incorporated but not merged in the Divorce Decree dated March 27, 2012. 18. The Court may award reasonable attorney fees to the injured party when a party is in contempt of a court order. 19. Plaintiff has incurred attorney fees and costs in litigating this frivolous matter which as of this date is $500.00 and will be in the higher amount of approximately $1,000 if it is necessary to litigate this matter in court. 20. Plaintiff desires that this Honorable Court nullify Defendant's Praecipe for Listing Case for Trial where there is no issue remaining in the above-captioned case. 21. Plaintiff desires that this Honorable Court deny Defendant's Bill of Costs. 22. Plaintiff desires that this Honorable Court strike Defendant's Counter Affidavit. 908821 23. Plaintiff desires that this Honorable Court strike Defendant's Praecipe for Listing Case for Trial. 24. Plaintiff objects to Plaintiffs attempts at Discovery where there are no pending matters and requests that the discovery attempts be quashed. 25. Plaintiff desires that this Honorable Court award her reasonable attorneys fees and costs in litigating this frivolous and vexatious matters. 26. Plaintiff continues to harass Plaintiff despite the Protection from Abuse Order. 27. Plaintiff desires that this Honorable Court find Defendant in breach of the marital settlement agreement. 28. Plaintiff desires that this Honorable Court find Defendant in contempt of its Court Order of March 27, 2012. WHEREFORE, Plaintiff requests that this Honorable Court: a. Prohibit Defendant from engaging in any and all Discovery in this matter; b. Revoke Defendant's Praecipe for Listing Case for Trial; c. Deny Defendant's Bill of Costs; d. Revoke Defendant's counter-affidavit; e. Order Defendant to pay Plaintiffs attorney fees in the amount of $500 and in the event Plaintiff is obligated to attend further proceedings related to this matter then it is requested that Defendant to pay Defendant attorney fees in the amount of $1,000. f. Order any and all additional relief that the Court deems necessary. 90882 1 espectfully submitted, Emily Lbnj offinan, Esquire Sup. Ct. ID # 66307 255 Market Street Millersburg, PA 17061 (717) 979-8849 Attorney for Defendant Date: 4/10/2012 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the attached document on Plaintiff by first class U.S. mail as addressed below: John C. Flathmann 2221 Gleim Court Enola, PA 17025 By Emily Long Hoffinan Date: 4/10/2012 90882 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John C. Flathmann plaintiff vs. File No.2009-8629 Suzanne E. Flathmann Defcndwt SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Suzanne E Flathmann (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Detailed phone records from October 1, 2009 - June 28, 2010 Two phone numbers: 1. 717-319-3908 2.717-877-0283 at 309 Antilles Court, Mechanicsburg, PA 17050 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the thi%S sought. If you fail to produce the domments or things required by this subpoena within twenty (20) days after its =vice, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John C. Flathmann ADDRESS: eim ourt Enola PA 17025 TELEPHONE: 1 SUPREME COURT ID # ATTORNEY FOR: P.rQ _ e Date: d` Seal of the Cou#f.-. Y THE COURn-1 P rothonotary, Civil Div' ion Deputy ?- }Chi 6;l "A COMMONWLALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John C. Flathmann Pido ff File No.2W9-8629 VS. Suzanne E. Flathtnann Defmdant SUBPOENA TO: Lawrence Van Loon 18 STONE SPRING IN CAMP HILL, PA 17011 TO ATTEND AND TESTIFY Jew Santo Vanloon 18 STONE SPRING LN CAMP HILL, PA 17011 1. You are ordered by the court to come to (Specify Courtroom or other place) atrld , Counfiy, Pennsylvania, on t o'clock, _ M,. to testify on behalf of in the above case, and to remain: until excused. 2. w you the fo lllW ow1ugffar0w=dd=n(71-P -9 records r 1) 101-4?-?Jnyj-lvr" (717) 763-5574,480-3064,7178051652 for the months of June 229 - June 30, 201a If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WrIHPa.R.CY No.234.2(a): Name: John C. Flathmann, Pro Se Address: m Enola, PA I /M Telephone: Supreme Court ID # BY THE COURT: _ A a Prothonotaiy/Clerk, Civil Division Date:? ,, - n 1 y c« De" Official No& fisia 0-4436 &'sball be used whenever a subpoena is issuable, including hearings in cdimre?fi oati= vns and before arbitcatom masters, commissionem, etc. in compliance with Pi R Y- 146.2 4:1. If a subpoena for a production of documents, records or things is desired, completeVMiV- aph 2. (Eff. 7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND John C. Fly FileNo.2009-8629 >wn - vs. Suzanne E. Flathmann Da&ndW SUBPOENA TO PRODUCE DOCUWNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400912 TO: Richard & Jane Sk (Names of Person or Entity) Withm twenty (20) clays a mr service of this subpoena, you are ordered by the court to produce the following documems or things: Detailed phone frcume May 10, 2410 - June 23, 2010 on phone number 717-7321537 at 1201 Kings Circle, Mqqhanmicsbg% PA 17050 (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of compliance, to the party z akmg this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce The docunwnots or f required by ibis subpoena within twenty (20) days after its service, be party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John C. Flathmarm ADDRESS: 2221 Gleim Court Eno* PA 17025 TELEPRONE: 717-599-2563 SUPYtEN E COURT ID # ATTORNEY FOR. Pro . - - " Date: Sol 3 r _ Y THE COURT: Prothonotary, Ci-vfl Division Deputy COMMONWEALTH OF PhiMSYLVANIA COUNTY OF CUMBERLAND John C. Flathmann File No 2009'$629 vs. Suzanne E. Flathmsnn Dint SUBPOENA TO ATTEND AND TESTIFY TO: Michael Billet 1918 Camp Betty Washington Rd., Red lion, Pennsylvania 17356 1. You we ordered by the court to come to (Specify Courtroom or other place) atCumberland County. Pennsylvania, on tamrmft?co'clock, K. to testify on behalf of in the above case, and to remwam until excused. 2. Ireco"e A, M personal cell phone records January 2010 - June 30 , 2010 If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa.R.C.PNo.234.2(a). Nam.. John C. Fladwom, Pro Se Addrss. 2221 eim Muff Enola, P Telephone: Supreme Court ID # Date: 7 7 _ Deputy f tho Court Official Note -,'Ilk Fo gf "spb)?6?sWl be used whenever a s*xma is issuable, including h.mp in oms?nci before arbitrators, masters, commissioners, etc. in compliance with Pa. k6AX6 234.1- If a subpoena for a production of documents, records or things is desired, complete paragraph 2. (Eff. 71" (a SUZANNE E. FLATHMANN, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNA. NO. 2009-8629 JOHN C. FLATHMANN, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY ORDER Upon consideration of the attached petition, it is hereby ordered that: 1. A Rule is issued upon John C. Flathmann to show cause why the petitioner is not entitled to the relief requested. 2. The respondent shall file an answer to the petition within 10 days of service. 3. A hearing on this petition is scheduled for the '4 V`- day of 2012 at 3,W -.m. in Courtroom number a in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. BY THE COURT: M. L. Ebert, Jr. J. DA' E D.stribution: C-') ily Long Hoffman, Esquire, 255 Market Street, Millersburg, PA 17061 John C. Flathmann, Pro Se, 2221 Gleim Court, Enola, PA 17025 xQ me CI-0 ca -< 90882 1 E ???? Commonwealth of Pennsylvania `? ?4W County of Cumberland ,?7-0-0 Cc rd are File No. 2009-8629 d and j e are File No. 12-1869 Motion to Quash Subpoenas & Produce Documents 1. The moving parties are husband and wife who reside at 1201 Kings Circle, Mechanicsburg, Cumberland County, PA, 17050, and are former neighbors of Plaintiff. 2. From about November 2009 through the present, Plaintiff and his estranged wife, Suzanne E. Flathmann, have had severe marital difficulties, which resulted in the Court ordering the incarceration of Plaintiff on or about March of 2011 and then again in June 2011 for about three months. 3. In or about May and June of 2010, the moving parties allowed Plaintiffs wife and daughter to live in their home because they feared for their safety from Plaintiff, who, it is believed, later had PFA orders issued against him to refrain from being in close physical or other contact 4. Plaintiff seeks the moving parties' detailed phone records for 717-732-1537 (home phone) from "May 1, 2010 through June 30,2010" in Case No. 12-1869, and from" May 10, 2010 through June 23, 2010" in Case No. 2009-8629. 5. The moving parties do not have such phone records, but on the basis of privacy for themselves f? and the people they communicated with per the said phone numbers, they move to Qjshwe said subpoena of Plaintiff. rn= N ? ` 6. Objection on the said document requests are also made on the basis that any reque information is irrelevant and intended to harass. c?--E -- 7. The moving parties were never personally served with the said subpoenas. v? WHEREFORE, the moving parties, Richard Skaare and Jane Skaare, request that this Honorable Court issue an order Quashing the subpoenas to produce documents and grant the moving parties attorneys' fees and damages in the event they have to do anythin further in this matter. I /.L Richard Skaare li? Jane Skaare Certificate of Service I, Richard Skaare, hereby say that I served the Plaintiff by depositing a copy of this Motion in the mail on May 1, 2012, and sending it to him by first class mail at: 2221 Gleim Ct Enola, PA 17025 Richard Skaare SUZANNE E. FLATHMANN, PLAINTIFF V. JOHN C. FLATHMANN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8629 CIVIL ORDER OF COURT AND NOW, this 3?d day of May, 2012, upon consideration of John Flathmann's Pro Se "Petition," IT IS HEREBY ORDERED AND DIRECTED that the Petition is DENIED. Pending further Order of Court, neither party shall engage in any further discovery to include the issuance of subpoenas. Any subpoenas that have been issued are QUASHED. By the Court, M. L. Ebert, Jr., /Emily Hoffman, Esquire Attorney for Plaintiff V John C. Flathmann Defendant 1?icia?cl * Jan -e -5koar-c bas C-Op;esu,fr? :G O --- i SUZANNE E. FLATHMANN, PLAINTIFF V. JOHN C. FLATHMANN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-8629 CIVIL ORDER OF COURT AND NOW, this 25th day of May, 2012, upon consideration of Defendant's Pro Se "COMPLAINT AGAIST (sic) FALSE FILIN (sic) PURSUANT TO 42 Pa.C.S.A. §8351," this Court finding that the Defendant's attempted use of the "Wrongful Use of Civil Proceedings" statute is grossly inappropriate for this divorce action; IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Pro Se Complaint is DISMISSED. Emily Hoffman, Esquire Attorney for Plaintiff V John C. Flathmann Defendant bas &r es Mme, Ird M. L. Ebert, Jr., c? < --r3 By the Court, SUZANNE FLATHMANN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V JOHN C. FLATHMANN, 09-8629 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 12th day of June, 2012, after hearing on the plaintiff's Motion to Oppose Counter Affidavit, Bill of Costs, Listing the Case for Trial and Discovery, IT IS HEREBY ORDERED AND DIRECTED that the plaintiff's motion is granted. The defendant is prohibited from engaging in any discovery with regard to this divorce at this time. The defendant's Bill of Costs is denied. The defendant's praecipe for listing this case for trial is hereby revoked, and the case will be removed from the July 2012 Civil Trial term. The court notes for the record that the counter affidavit filed by John Flathmann in this case has no legal validity as a divorce has already been granted pursuant to an agreement of the parties. The defendant is ordered to pay plaintiff's attorney fees in the amount of $500.00. By the Court, ?*, --? -- ?,o - M. L. Ebert, r'7 Emily Long Hoffman, Esquire Assistant District Attorney VJohn C. Flathmann, Defendant V C,vu,+ J4dm; lt;s4,c,4-,'0 /1 Prothonotary's Office :mtf 4t P1?3 t=? ?r v ?= c ?t .r- av.? C..? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,?17&nt (?&rhojLn Plaintiff Vs 1?yl ZMyh1-1Ay1 - Defendant File No. 460 q- ?g IN DIVORC E c NOTICE TO RESUME PRIOR SURNAME' Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce datedj/,g V?2? hereby elects to resume the prior surname of M?Qe4? , and gives this written notice avowing his / her intention pur;?hh t to the provisio s of 54 P.S. 704. Date: /0 1 ?- ?"Wm' I Iti, S' ature of name bei resumed ?a w 17 COMMONWEA H OF PENNSYLVANIA ) COUNTY OF M On the day of bed , 204.2, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. lWi% 1297?P rthonotary or Notary Public ft 0 %0ftr , imsN 001is I?. 1 ?h ?l Q'i