HomeMy WebLinkAbout10-3570
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010- 3570 CIVIL TERM
EMILY E. THOMPSON, CIVIL ACTION-LAW 72-
Defendant IN DIVORCE
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NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims=Vet firth
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 at the Cumberland County Court House,
Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA1t_-BE ALE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAX, CFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR N f=EE.=
Cumberland County Bar Association i ; C`' -
32 South Bedford Street
Carlisle, Pennsylvania 17013 _ s
(717) 249-3166
4391.50 P p A7rY
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PHILLIP H. THOMPSON,
Plaintiff
V.
EMILY E. THOMPSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010- CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DIVORCE COMPLAINT
1. Plaintiff is Phillip H. Thompson, an adult individual who currently resides at
7 Emerald Circle, Carlisle, Cumberland County, Pennsylvania 17015.
2. Defendant is Emily E. Thompson, an adult individual who currently resides
at 903 Forge Road, Carlisle, Cumberland County, Pennsylvania 17015.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth
of Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on February 24, 2005 in Las
Vegas, Nevada.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of counseling and that he
may have the right to request that the court require the parties to participate in Counseling.
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor
of the Plaintiff and against the Defendant.
COUNT II -EQUITABLE DISTRIBUTION
8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above.
9. The parties have acquired real estate, personal property, including
automobiles, bank accounts and other items of miscellaneous property during the course
of their marriage, some of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Courtto enter a decree
which effects an equitable distribution of marital property.
Respectfully submitted,
BARIC SCHERER
Date: May Z8, 2010
chael A. cherer, Esquire
I. D.# 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
mas.dir/domestic/thompson/complaint.pld
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VERIFICATION
I verify that the statements made in this Divorce Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
§ 4904, relating to unsworn falsification to authorities.
Id
Date:
Phillip H. Thompson
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PHILLIP H. THO PSON IN THE COURT OF COMMON PLEAS OF
Plai tiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
EMILY E. THOMP ON,
Defe dant NO. 2010-3570 CIVIL TERM
ORDER OF COURT
AND NOW, this 14th day of July, 2010, following a
hearing on a p tition for special relief pursuant to
Pennsylvania R le of Civil Procedure 1920.43, the Court orders
as follows:
1. oth parties are directed to refrain from the
dissipation, a ienation, disposition or improper encumbering of
any real or pe sonal property that is in their possession until
this divorce, ncluding the equitable distribution of property,
is finalized.
2. he plaintiff is directed to immediately inventory
the items of p rsonal property that were provided to him from
the marital re idence. After conducting the inventory, a list
of items that ere not provided which appear on Defendant's
Exhibit No. 1 hall be submitted to defense counsel.
3. ounsel will then negotiate the exchange of
the items that remain on Defendant's Exhibit No. 1 (which
plaintiff requ sts) as well as the items on Defendant's Exhibit
No. 2 (which d fendant requests). Any items that are not
contested will e exchanged by the parties with the arrangements
for the transfers being made by the attorneys. At no time may
plaintiff retur to the marital residence to obtain or transfer
any items on hi own.
4. I the parties cannot reach an agreement and feel
that it is nece sary to return to court prior to a hearing
before a Divorc Master, either party may petition to do so.
5. Any exchange of assets pursuant to this order
shall not sup rsede a full and final equitable distribution of
property.
By the Court,
,~
Albert H. Masland, J.
-~ Michael A. Sch rer, Esquire
For Plaintiff
~ Carol J. Linds~y, Esquire
For Defendant
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PHILLIP H. THOMPSON, THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. 4 CIVIL ACTION - DIVORCE
NO. 10-3570 CIVIL TERM
EMILY E. THOMPSON.) IN DIVORCE
Defendant/Petitioner
PACSES NO: 331111892
ORDER OF COURT
AND NOW, this 25th day of August, 2010, upon consideration of the Petition for Alimony Pendente Lite
and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on
September 15, 2010 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the
conference officer may recommend that an Order for Alimony Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11 C
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you.
If you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
Copies mailed to: Petitioner
Respondent
Michael A. Scherer, Esq.
Carol J. Lindsay, Esq.-
Date of Order: August 25, 2010
Z; ?A
BY THE COURT,
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Edward E. Guido, Judge
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166 cc361
PHILLIP H. THOMPSON,
PLAINTIFF/RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
EMILY E. THOMPSON,
DEFENDANT/PETITIONER
10-3570 CIVIL TERM
ORDER OF COURT
AND NOW, this 25th day of August, 2010, a Rule is issued on the respondent to
show cause why the relief requested should not be granted. This Rule is returnable
twenty-one (21) days after service, at which time, if there is no resolution, the court will
determine if a hearing is required.
By the Court,
Michael A. Scherer, Esquire
For Respondent
,,"Carol J. Lindsay, Esquire
For Petitioner
Albert H. Masland, J.
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PHILLIP H. THOMPSON,
Plaintiff
v.
EMILY E. THOMPSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-3570
CIVIL ACTION-LAW
IN DIVORCE
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PLAINTIFF'S ANSWER TO
DEFENDANT'S PETITION FOR SPECIAL RELIEF
1.- 5. Admitted.
6. Denied. The checks were provided to undersigned counsel by Husband
for safe keeping because Husband is concerned about what Wife might do with the
checks if delivered to her.
7. Admitted that Wife wants possession of the money. Husband does not
want Wife to have the money, because since the date of separation, Wife has:
a. Taken a payroll check payable to Husband, which was sent to the marital
residence, and endorsed and negotiated Husband's paycheck and used the funds
without Husband's consent. Wife later repaid Husband.
b. Taken an advance of $5,000.00 from a joint line of credit without
consultation with Husband.
8. Denied. Husband is excluded from the marital residence by virtue of a
provision in the Protection From Abuse Order. The storm damage to the marital
residence occurred while Husband was excluded from the marital residence. Husband
is unable to inspect the marital residence even though this could occur at a time when
Wife need not be present. Also, Husband has friends in the home improvement/roofing
business who he trusts more than the contractors contacted by Wife and Husband
would like to participate in the home repairs, if any are to occur, to save he and his Wife
money.
9. Denied. Wife is using the Exclusive Possession provision of the
Protection From Abuse Order as a means to exclude Husband from the process of
completing the house repairs. There is not an immediate need to have the home
repairs completed at this time. The repairs suggested by the estimates are primarily
cosmetic in nature.
10. Admitted. Husband is also incurring counsel fees in this matter which
Wife is unnecessarily pursuing. The marital residence must be sold in connection with
the divorce. The repairs to the home are cosmetic. There is not immediate need for
the repairs to be completed. It makes more sense for the parties to list the marital
residence for sale and give the buyers a credit for the repairs so that the buyers can
select the roof and siding colors they desire. The estimates are all very different in
terms of the scope of work quoted and Husband does not have a clear understanding
of what work is necessary and what work is merely suggested or additional or optional.
Husband is also concerned about the quality of the work and wants to be included in
the inspection of the work and approval of the work, if it is to be completed.
WHEREFORE, Husband respectfully requests that this Honorable Court refuse
to take action on Wife's Petition for Special Relief as there is no emergency or need for
Court involvement at this juncture. In the alternative, Husband would like an Order that
he be permitted to appear at the marital residence with a contractor he selects and
inspect the damage to the residence, and that Husband be permitted to participate in
the process of repairing the home.
Respectfully submitted,
BARK SCHERER
Date: September 22, 2010
ich el cherer, Esquire
I.D.# 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Plaintiff's Answer To
Defendant's Petition For Special Relief are true and correct to the best of my
knowledge, information and belief. This verification is signed by Michael A. Scherer,
Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff,
as well as documents reviewed by the undersigned as attorney for Plaintiff. This
verification will be substituted and ratified by a verification signed by the Plaintiff who is
presently unavailable to sign said verification. I undersigned that false statements
herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn
falsifications to authorities.
Mic el A. Scherer, Esquire
Dated: September 22, 2010
CERTIFICATE OF SERVICE
I hereby certify that on the 22nd day of September, 2010, I, Jennifer S. Lindsay,
secretary to Michael A. Scherer, Esquire of Baric Scherer, did serve a copy of the
Plaintiffs Answer To Defendant's Petition For Special Relief, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Carol J. Lindsay, Esquire
Saidis Sullivan Law
26 West High Street
Carlisle, Pennsylvania 17013
e n e . Linds
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 10-3570 CIVIL
State commonwealth of Pennsylvania OOriginal Order/Notice
CO./City/Dlst. Of Ct7P4BERLAND OAmended Order/Notice
Date of Order/Notice 09/22/10 OTerminate Order/Notice
Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice
RE: THOMPSON, PHILLIP H.
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, Mp
238-19-3319
Employee/Obligor's Social Security Number
MOUNTAIN RIVER TRUCKING 8494102315
207 DIRECT LANE Employee/Obligor's Case Identifier
MOUNT AIRY NC 2 7 0 3 0 (See Addendum for plaintiff names
associated with cases on attad-ment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ o . oo per month in current child support
$ o . oo per month in past-due child support Arrears 12 weeks or greateri' Dyes ®no
$ o.oo per month in current medical support
$ o . oo per month in past-due medical support
$ 546 . oo per month in current spousal support
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$ 55. oo per month in past-due spousal support c-~ ~
$ o . oo per month for genetic test costs '~ °- t~
$ o. oo per month in other (specify) r~r~~ cn ~-~
$ one-time lump sum payment ~~ t~ ~~"-
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for a total of $ 601.00 per month to be forwarded to payee below. r~--A ~ --~~aca
<~ -~ ~ -~t
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cyces-riot r~tt
the ordered support payment cycle, use the following to determine how much to withhold: 3,,c tv ~~~
$ 138.69 Per weekly pay period. $ 300.50 per semimonthly p~ pecind ~'
(twice a month)'° ~ cry
$ 2.77.38 per biweekly pay period (every two weeks) $ 6oi. 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 oavment 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 ND HE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL R1TY R IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MA/L.
BY THE COURT:
Edward E. Guido, J
DRO: R.J. Shadday Form EN-028 Rev.5
Service Type M oMSNo.:o9io-oisa Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
~ If ~heckefl you are required to provide a~opy of this form to your m loyee. If yorr employee works in a state that is
di Brent Trom the state that issued this o er, a copy must be provideedpto your emp ogee 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.* Employee/Obligor with Mukiple 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)
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. 4102100293
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: D
EMPLOYEE'S/OBLIGOR'S NAME: THOMPSON, PHILLIP H .
EMPLOYEE'S CASE IDENTIFIER: 8494102315 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law govems unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed govems.
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 Ad (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.
1 t . Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.S
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: THOMPSON, PHILLIP H .
PACSES Case Number 331111892
Plaintiff Name
EMILY E. THOMPSON
Docket Attachment Amount
10-3570 CIVIL$ 601.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
Service Type M
Addendum
OMB No.: 0970-0154
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
Form EN-028 Rev.5
Worker ID $IATT
In the Court of Common Pleas of C~gE~,~D County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Defendant Name: PHILLIP H. THOMPSON f"] ~
Member ID Number: 8494102315 ~
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Please note: An correspondence must include the Member H) Number. ~ ~ .~~ „~ ~
U?~ [V ~~~
ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION STS
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i~nancial Break Down of Multiple Cases on Attachment ;Ir-~ ~u ~~
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PACSES Docket Att
hm
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Plaintiff Name Case Number Number g
e
ou -
EMILY E. THOMP30N 331111892 10-3570 CIVIL $ 601.00 MONTH
$
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TOTAL ATTACHMENT AMOUNT: $ 601.00
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 $ 13 s . 31
per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
PHILLIP H. THOMPSON Social Security Number XXX-XX- 3319 ,
Member ID Number 8494102315 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 arreazages.
If the Defendant's Unemployment Compensation benefits aze attached by another Court or Courts for
support and/or support arreazages, DPW may reduce the amount attached under this Order so that the total
amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673
(b)(2) and 23 Pa. C.S.A. § 4348 (g).
This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated FEBRUARY 7 , 2 01 o 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: SEP 2 3 2010
DRO: R.J. Shadday
EDWARD E. 170, JUDGE
Form EN-530 Rev.2
Service Type M Worker ID $ IATT
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -DIVORCE
NO. 10-3570 CIVIL TERM
EMILY E. THOMPSON, IN DIVORCE ~ ~ ~
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DefendantlPetitioner PACSES CASE: 331111892 ~~°,~ ~ ;,
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ORDER OF COURT ~ b w ~~', ~
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AND NOW, this 22nd day of September, 2010, based upon the Court's deter~~r°atio~?tha~~'e
Petitioner's monthly net income/earning capacity is $ 845.16 and the Respondent's mo>hlyt
income/earning capacity is $ 1,945.00, it is hereby ordered that the Respondent pay to the `~=
Pennsylvania State Collection and Disbursement Unit Six Hundred One and 00/100 Dollars
($ 601.00) per month payable weekly as follows: $ 546.00 per month for Alimony Pendente Lite and
$ 55.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule .
The effective date of the order is August 20, 2010.
Arrears set at $ 761.41 as of September 22, 2010.
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: Emily E. Thompson. 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 each child and/or spouse. Unreimbursed medical
expenses of the obligee or children 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 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: 0 % by Respondent and 100 % by Petitioner. [] Respondent [X] Petitioner [] Neither
party to provide medical insurance coverage.
Within thirty (30) days after the entry of this order, the [X] Petitioner [] 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:
An additional sum of $55.00 per month is included in this order for contribution of the home
equity loan, taxes and insurance on the marital home.
The Petitioner is to maintain her own medical insurance.
This Order shall become final twenty (20) after the mailing of the notice of the entry of the
Order to the parties unless either party files a written demand with the Prothonotary for a hearing de
novo before the Court.
Consented:
Petitioner
Respondent
Petitioner's Attorney
Respondent's Attorney
Mailed copies on: September 23. 2010
Petitioner
Respondent
Micahel A. Scherer, Esq.
Carol J. Lindsay, Esq.
DRO: R.J. Shadday
BY THE COURT
Edward ido, ° J.
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State: Commonwealth of Pennsylvania
Co./City/Dist. of: CUMBERLAND
Date of Order/Notice: 07/05/11
Case Number (See A e?for case summary)
Employer/Withholder's Federal EIN Number
MOUNTAIN RIVER TRUCKING
PO BOX 6301
MOUNT AIRY NC 27030-6301
RE: THOMPSON, PHILLIP H.
G "- 35-7L) 121 ?; i I
O Original Order/Notice
Q Amended Order/Notice
Terminate Order/Notice
O One-Time Lump Sum/Notice
Employee/Obligor's Name (Last, First, MI)
238-19-3319
Employee/Obligor's Social Security Number
8494102315
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts
from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your
State.
$ 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 $
0.00 per month to be forwarded to payee below.
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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 DEFENDANTS NAME AND THE PA. S MEMBER /D
(shown above as the Employee/Obligor's Case /dentiher) OR SOCIAL SEC NUMB . R IN ORDER TO BE
PROCESSED. DO NOT SEND CASH BY MAIL.
BY THE COURT:
OMB No.: 0970-0154
Service Type M
Arrears 12 weeks or greater?
LAi d 6 _111 C}.+
Form EN-028 Q
Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If checked you are required to provide a copy of this form to your employee. If your employee works in a state that i;l
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. 5615238320
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O
EMPLOYEE'S/OBLIGOR'S NAME: THOMPSON PHILLIP H.
EMPLOYEE'S CASE IDENTIFIER: 8494102315 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
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
Form EN-028
- ,.__ -.TT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: THOMPSON, PHILLIP H.
PACSES Case Number 331111892 PACKS Case Number
Plaintiff Name Plaintiff Name
EMILY E. THOMPSON
Docket Attachment Amount Docket Attachment Amount
10-3570 CIVIL $ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACKS Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
DOB
PACSES Case Number
Plaintiff Name
Do ke 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
Addendum Form EN-028
Service Type M OMB No.: 0970-0154 Worker ID $IATT
ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT
State: Commonwealth of Pennsylvania
CO./City/Dist. o : CUMBERLAND
Date of Order/Notice: 07/20/11
Case Number (See A en um for case summary)
EmployerAArithholder's Federal EIN Number
WOLF PACK TRANSPORT
22 BLACK HAWK LN
ELIZABETHTOWN PA 17022-8704
RE: THOMPSON, PHILLIP H.
ID-35-7b CIVIL
(?) Original Order/Notice
Q Amended Order/Notice
0 Terminate Order/Notice
O One-Time Lump Sum/Notice
Employee/Obligor's Name (Last, First, MI)
238-19-3319
Employee/Obligor s Social ecun um er
8494102315
Employee/Obligor's Case Identifier
(See Addendum thr 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 Arrears 12 weeks or greater? ('yeC-t@ trio
$ 0.00 per month in current medical support , s
$ 0.00 per month in past-due medical support rnca C_
$ 546.00 per month in current spousal support :o r- a
?nr N'
$ 55.00 per month in past-due spousal support
$ 0.00 per month for genetic test costs ?`-
c:? _,.I
$ 0.00 per month in other (specify) y,n =
$ one-time lump sum payment ZG ?.
for a total of $ 601.00 per month to be forwarded to payee below. o
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:
$ 138.70 per weekly pay period. $ 300.50 per semimonthly pay period
(twice
$ 277.39er biweekly pay period (every two weeks) $ 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 Raavment 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 EACAES MEMBER ID
(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECy NUM R IN ORDER TO BE
PROCESSED. DO NOT SEND CASH BY MAIL.
BY THE COURT:
OMB No.: 0970-0154 Form EN-028
Service Type M Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
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.* Employ"Obiigor 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. 0206029200
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBUGOR 140 LONGER WORKS FOR: O
EMPLOYEE'S/OBLIGOR'S NAME: THOMPSON PHILLIP H.
EMPLOYEE'S CASE IDENTIFIER: 8494102315 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
FINAL PAYMENT AMOUNT:
NEW EMPLOYER'S NAMEIADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she
is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (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. X 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: THOMPSON, PHILLIP H.
PACSES Case Number 331111892 PACSES Case Number
Plaintiff Name Plaintiff Name
EMILY E. THOMPSON
Docket Attachment Amount Docket Attachment Amount
10-3570 CIVIL $ 601.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Att achment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
PACKS Casa Number
Plaintiff Name
o k Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
DOB
Addendum Form EN-028
Service Type M OMB No.: 0970-0154 Worker ID $IATT
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYj.V"IR:
V NO. 2010-3570 CIVIL TERM;
.
IL EMILY E. THOMPSON, CIVIL ACTION-LAW
Defendant IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
II? Plaintiff, Phillip H. Thompson m oves the court to appoint a master withi'respectJo
the following claims:
(x) Divorce (x) Distribution of Property
(} Annulment O Support
() Alimony () Counsel Fees
() Alimony Pendente Lite {) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims for which the appointment of a
master is requested.
(2) The Defendant, Emily E. Thompson has appeared in the action by her
attorney, Marylou Matas, Esquire.
(3) The statutory grounds for divorce are: 3301(c)
(4) The action is contested with respect to the following claims: divorce and
equitable distribution.
(5) The action does involve complex issues of law or fact.
(6) The hearing is expected to take one (1) day.
(7) Additional information, if any relevant to the motion: not applicable
DATE: i4 -
Wic ael A. Scherer, Esquire
ORDER APPOINTING MASTER
AND NOW, this t!r day of , 2012, E. Robert E-b- 1, -
Esquire is appointed master with respect to the foil ing claims: divorce anagpit4e
i distribution.
J BY THE COURT,
It", f7
y 64C
L Gt Cf t' i1 i t /, ?,
1?
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
PHILLIP H. THOMPSON,
Plaintiff
vs.
EMILY E. THOMPSON,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2010-3570
: IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
=rn -_w
> cD
-
1...,
7c ?? '..Y
r.
Please withdraw the appearance of Saidis Sullivan & Rogers and Marylou Matas, Esquire as
attorney for Defendant Emily E. Thompson.
Dated: February 2$ , 2012
M *Suvan s, Esquire
Said& Roge rs
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Please enter the appearance of Martson Law Offices and Hubert X. Gilroy, Esquire as attorney
for Defendant Emily E. Thompson.
'- 61
Dated: F . 2012
ubert . Gilroy, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
(717) 243-3341
ID #29943
Attorney for Defendant
.t ~~:'..itiat' i' ik~~-
a~ ,~ ~~~liC'~~ ~r~~~~
Hubert X. Gilroy, Esquire °~ ~ ~ ~ ~
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER~~2 AUG 2O P~`1 ~~~ ~~
MARTSON LAW OFFICES
I.D. 29943 `'Lii"!`~~F`1.Ai~~ CGl1
10 East High Street ~~~N!iS~LVA~lA
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
PHILLIP H. THOMPSON,
Plaintiff
vs.
EMILY E. THOMPSON,
Defendant
PRIOR JUDGE: Albert H. Masland
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLV
CIVIL ACTION -LAW
N0.2010-3570
IN DIVORCE
PETITION TO ENFORCE AGREEMENT
Petitioner, Emily E. Thompson, by her attorneys, Martson Law Offices, sets forth the
following:
1.
2.
3.
4.
5.
6.
Petitioner, Emily E. Thompson (Wife), is the Defendant in the above captio e
divorce action and is a resident at 903 Forge Road, Carlisle, Pennsylvania 17013.
Respondent, Phillip H. Thompson (Husband), is the Plaintiff in the ab ~
captioned divorce action.
The parties were married on March 10, 2006.
Prior to marriage, Wife owned real estate located in Bethlehem Pennsylvania.
On or about March 31, 2006, Wife sold her real estate in Bethlehem Pennsylv
with the net proceeds of the sale being paid to the Wife in the approxi a'
amount of $179,000.00. These proceeds constituted non-marital property as e
were a premarital asset of the Wife's owned prior to the marriage to Husband.
Wife and Husband reached a verbal agreement that Wife would payoff Husb d
mortgage on real estate at 903 Forge Road, Carlisle, Pennsylvania
Property) and, in return, Husband would convey the real estate to the Wife so
's
ect
Property) and, in return, Husband would convey the real estate to the Wife so at
Husband and Wife would be joint owners of the Subject Property. Thep ies
also agreed that in the event there was any subsequent divorce of the parties, he
monies Wife paid to payoff the mortgage on the Subject Property would be id
to her prior to any distribution of the marital assets.
7. Pursuant to the agreement between the parties, Wife and Husband met ith
Attorney David A. Barrick on April 3, 2006, and directed Attorney Barric to
prepare a deed for purposes of Husband's transfer of the Subject Property to ife
in accordance with the agreement and to prepare a postnuptial agree ent
consistent with the parties agreement that the money Wife would pay on e
mortgage relating to the Subject Property would be paid to her if there w a
divorce.
8. Pursuant to the agreement between the parties, on April 7, 2006, Wife used er
separate non-mazital funds to payoff the mortgage on the Subject prope to
Wells Fargo in the amount of $89,132.90.
9. Attorney Barrick proceeded with preparing the draft postnuptial agreement d
the mentioned deed.
10. Wife provided Attorney Barrick with some proposed modifications to the
postnuptial agreement on the original draft prepazed by Attorney Barrick. A c py
of the original draft and the modifications is attached hereto and marked Exh bit
`A.'
11. Attorney Barrick then prepazed a final postnuptial agreement for the parties w ich
confirmed the agreement that Wife would be entitled to $89,132.90 in the e ent
of any divorce between the parties in addition to other rights she may hav of
mazital property upon the divorce. A copy of said agreement is attached he eto
and mazked Exhibit `B.'
12. On or about April 25, 2006, Husband and Wife again met with Attorney B 'ck
at which time Wife believes the parties executed the deed for conveying the
Subject Property into joint names and also executed the postnuptial agreemen in
a form identical to the attached Exhibit `B.'
13. The deed for the Subject Property was recorded in the Cumberland Co ty
Recorder of Deeds Office on April 26, 2006, and a copy of said deed is attac ed
hereto and marked Exhibit `C.'
14. Wife is unable to find a copy of the signed postnuptial agreement and Atto ey
Barrick's office is unable to provide a copy of the signed postnuptial agreem nt.
The agreement is either misplaced or lost.
15. Wife asserts in this divorce action, which has been filed by husband, that sh is
entitled to a payment pursuant to paragraph 3 of the postnuptial agree ent
attached hereto and marked Exhibit `A' and also pursuant to the verbal agree ent
between the parties. Said payment in credit would be an amount of $89,132.90
16. Husband has asserted that because a signed postnuptial agreement cannot be
located that there is no legally binding agreement between the parties d
Husband is refusing to acknowledge wife's claim to the credit of $89,132.90.
17. The Cumberland County Divorce Master normally defers to the Court on is es
of interpretation of enforceability of any agreement between the parties i a
divorce action and, accordingly, wife comes before this Court requesting the
Court to enter an Order determining that an agreement exists between the p ies
such that Wife is entitled to receive $89,132.90 credit towards the Sub ect
Property or payment otherwise in the divorce proceedings before any fu her
distribution of marital property could be achieved.
18. Judge Masland has had prior proceedings in this divorce action.
WHEREFORE, Wife requests your Honorable Court to enter an Order determining
an agreement exists as outlined above.
Dated: August ~ / , 2012 C%~~
Hubert X. Gilroy, E~uire
Martson Law Offic s
10 East High Street
Carlisle, PA 17013
(717) 243-3341
ID #29943
Attorney for Defendant
POST-NUPT1Al. AEE111~NT
THIS POST-NUPTIAL AGREEMENT ("Agreement") is made and executed
this day of April, 2006, by Phillip H. Thompson, the husband ("Husband") and
Thompson, the wife ("Wife").
The Parties were married on .The terms set forth
E.
constitute the Agreement of the Parties, which may change the normal operation of law in the
event of death of the Wife or divorce by the parties. This Agreement effects the rights
Husband °a.nd Wife in and to the real estate located at 903 Forge Road, Carlisle, Pennsylvania
("Property").
Husband hereby agrees to accept and carry out the terms of this Agreement in Full and
complete satisfaction and waives the common law rights of entireties property for the P~operty.
NOW THEREFORE, IN CONSIDERATION OF the mutual promises hereafter setfarth, and
for other good and valuable consideration, which is hereby acknowledged by the Pa
following Agreement is hereby made between the Parites:
1. Fuil Disclosure.
Each of the Parties understands that for this Agreement to be valid and
must be based on a full mutual disclosure of each Party's financial status to the other
Each of the Parties has made a full, complete and fair disclosure of all his or her p
liabil~ies and income to the other Party.
The parties also acknowledge that they have become familiar with one
income, assets and liabilities by virtue of having been married for sw~wa
EXHIBIT
the
le, it
2. Independent Legal Counsel.
Husband understands he has the right to select the counsel of his choice to
review this Agreement. Wife is represented by David A. Baric, Esquire, who is her
IN WITNESS WHEREOF, the Parties have executed this Post-Nuptial Ag
independent counsel. Each of the Parties agrees that he or she has had the opportun' to
discuss this Agreement with his or her own attorney, and has been fully advised and ea h
understands that by signing this Agreement, he or she is giving up rights in the other Sp u,
property and income that might otherwise be available under law.
3. Personal Residence.
Husband owned the Property prior to the parties' marriage. The Property was
to a mortgage. Wife has paid off the mortgage with separately owned funds she obtain d
from a~!t~otl~a~coC ~n~ event of Wife's death or divorce of the parties, Wife or her state
shall be entitled to a return of the $89,132.90 Wife has paid to satisfy the mortgage in
to any rights of marital property upon divorce. The Property shall be deeded into the parties
as Husband and Wife and shall otherwise than as s#ated herein above be treated as
Property.
two or more counterparts on the day and year first written above.
HUSBAND
WIFE
and
in
hom son Emil E. Thom son j~
Phillip H. T p Y P ~~.""--
. ,~Cc~~
Can a. ncrt~ ~. mc~- t~~ ~ ~~~P -~~
~'
~,n ~ -F~ mt , !! 1l ~'a'1 T ~Z~~~
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
AND NOW, this day of April, 2006, before me, the undersigned officer,
personally appeared Phillip H. Thompson and Emily E. Thompson, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within in
and acknowledged that they executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
h+
rq
POST-NUPTIAL AGREEMENT
THIS POST-NUPTIAL AGREEMENT ("Agreement") is made and executed this day
of , 2006, by Phillip H. Thompson, the husband ("Husband") and Ernily E.
Thompson, the wife ("Wife").
The Parties were married on .The terms set forth herein
constitute the Agreement of the Parties, which may change the normal operation of law in the
event of death of the Wife or divorce by the parties. This Agreement effects the rights of
I~usband and Wife in and to the real estate located at 903 Forge Road, Carlisle, Pennsylvania
("Property").
Husband hereby agrees to accept and carry out the terms of this Agreement in full
complete satisfaction and waives the common law rights of entireties property for the
NOW THEREFORE, IN CONSIDERATION OF the mutual promises hereafter set forth,
for other good and valuable consideration, which is hereby acknowledged by the Parties,
following Agreement is hereby made between the Parties:
Full Disclosure.
Each of the Parties understands that for this Agreement to be valid and enforceable, it
must be based on a full mutual disclosure of each Party's financial status to the other Party.
of the Parties has made a full, complete and fair disclosure of all his or her property, liabilities
and income to the other Party.
The parties also acknowledge that they have become familiar with one another's
assets and liabilities by virtue of having been married since March 10, 2006.
I ~~rt
,~
t ~ ~h
2. In_gpendent Legal Counsel.
Husband understands he has the right to select the counsel of his choice to consult and
review this Agreement. Wife is represented by David A. Baric, Esquire, who is her
counsel. Each of the Parties agrees that he or she has had the opportunity to discuss this
Agreement with his or her own attorney, and has been fully advised and each understands
signing this Agreement, he or she is giving up rights in the other Spouse's property and i
that might otherwise be available under law.
3. Personal Residence.
by
Husband owned the Property prior to the parties' marriage. The Property was subject ~o a
mortgage. Wife has paid off the mortgage with separately owned funds she obtained from a
deceased parent. In the event of Wife's death or divorce of the parties, Wife or her estate
entitled to a return of the $89,132.90 Wife has paid to satisfy the mortgage in addition to any
rights of marital property upon divorce. The Property shall be deeded into the parties as
and Wife and shall otherwise than as stated herein above be treated as entireties Property.
IN WITNESS WHEREOF, the Parties have executed this Post-Nuptial Agreement in
or more counterparts on the day and year first written above.
HUSBAND
Phillip H. Thompson
WIFE
Emily E. Thompson
be
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
AND NOW, this day of , 2006, before me, the undersigned officer,
personally appeazed Phillip H. Thompson and Emily E. Thompson, known to me (or
satisfactorily proven) to be the persons whose names aze subscribed to the within instrument,
acknowledged that they executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notazy Public
3 ~'9b~ a ~ ~ ; .~~
~.
_. ;E..i_n
• ~.~ ~, . ~ Parcel No.: 40-?~!-Erlf~(1-016
., t:
0~ RPR 2? ~~ Z 16
20 p~
MADE THE day of April in the year of our Lord Two Thousand Six (2006).
BBT'W88AT PHILLIP H. THOMP'aON, married man, of Cumberland County,
Pennsylvania, hereinafter referred to as:
Grantor,
and PHILLIP H. THOMP~..~ON and EMILY E. THOIVIl''9ON, husband and wife, of
Cumberland County, Pennsylvania, hereinafter referred to as:
Grantees,
WTTNBSSEI'H, that inconsideration of One and 00/100 Dollar 01.00) in hand paid,
receipt whereof is hereby acknowledged, the said Grantor daes hereby grant and
convey to the said Grantees, their hefrs and assigns:
ALL THAT CERTAIN tract of land with the improvemenfis thereon erected, situate on
the Northeastern aide of Forge Road (L.R. 21006), South Middleton Tow:tsitip,
Cumberland County, Pennsylvania, being also known as Lot No 11 on Plan No. 3,
Section "K", of Porge Road Acres, recorded in Plan Book 19, Page 11, Cumberland
County Records, and being fully bounded and descn'bed according to a plan of survey
by Gerri# J. Betz & Associates, Inc., dated March 3,1977 and bearing drawing No. 7706.
as follows, to wit:
BEGINNING at a hub located on the Northeastern side of Forge Road (L.R. 21fl08,
macadam pavement 21.4 feet) and a cornea of Lot No. 12 of the above mentioned plan
said hub being located 120.36 feet from the Northern r~ht-a~f way line of Cardinal
Drive and Eastern line of L.R. 21006; thence extending from said begintEirtg hub and
along said Forge Road, North 31 degrees ZO minutes 30 seconds West,100.00 feet to a
hub at a corner of Lot No. 10 of the above mentioned plan; extending along line
of same, North 58 degrees 39 minutes 30 seconds Bast, 159.31 feet to a hub at a corner o
Lot No. 15 of the above mentioned plan; thence extending along line of satttie. South 31
degrees Ol minute 30 seconds Bast 60.42 feet to a hub at a cortyer of Lot No. 14 of the
above mentioned plan; thence extending along Line of same, and also along line of Lot
No. 13 of the above mentioned plan,, South 13 degrees 13 seconds Wei, 55.55 feet to an
iron pin at a corner of Lot No. 12 of the above menticxred plan; then~ee a along
line of same, South 58 degrees 39 minutes 30 seconds West,120.00 feet to a hub, the firs
mentioned hub and Place of BEGIlVNING.
,~„
R
UNDBif AND SUBJECT, NEVBRTHELES6, to easements, restrictions, reservations,
conditions and rights of way of record.
BBING the same premises which Richard B. Warren atd Hilda K. Warren, by Deed
defied Septerrrber 29, 2000 and recorded in the Office of the Recorder of Deeds in and
Cumberland County, Pennsylvania, in Deed Book 230, Page 209, granted arui conve}
unto Phill€p H. Thompson, Grantor herein.
THIS IS A TRANSFER OP PROPERTY BIi'I'W1BBN HUSBAND AND WIFE AND IS
THEI« TAX SXB1V~'T.
AND the said Granter hereby covenants and agrees that he will warrant specially the
property hereby conveyed.
IN W1TNE,SS WHBRBOF, said Grantor has hereunto set his harm and seal the day
year first above written.
N$D, SEA AND
I F
~. as vv
H. THOIVII'SON
COMMONWEALTH OP PBNNSYLVANIA )
}: SS.
COUNTY OP CUMBBRLAND )
On this, the ~, day of ,Q~~„~__~ 2006, before are, the
undersigned officer, personally appeared rhillp H. Thompson known to are {or
satisfactorily proven) to be the person whose rraa~ is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHERBOF, I hereunto set my hand and official seal.
CE RED YLYAN (7(tn~ m ~~ ~~~
~ ~µ SEAL
1~ ~GLELLAN, Notary Public
Cu" ~i'~`26~20~
aoox 274 ~~.57
I lxreby certify that the precise residence and complete poet office
of the within Grantees its q4 ~ ~ ~ ~ ~„
~~ ~ i~of3
r
~~~/~,
Attorney for Grantees
! ~_ ..:.~
~,
aIi'..,~_
~. -
O'BRIEN, BAWC 6 SCHERER
19 WEST SOUTH STREET
CARLISLE, PENNSYLVANIA 17013
i
eoex ~4 ~c~,i,~
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my co el
in the preparation of the lawsuit. The language of the document is that of counsel and not y
own. I have read the document and to the extent that it is based upon information which I h ve
given to my counsel, it is true and correct to the best of my knowledge, information and bel ef.
To the extent that the content of the document is that of counsel, I have relied upon counse in
making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S.
4904 relating to unsworn falsification to authorities, which provides that if I make
false averments, I may be subject to criminal penalties.
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION -LAW
NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
COURT ORDER
AND NOW, this day of August, 2012, upon consideration of the attached
Petition, it is ordered and directed that a hearing is scheduled in Courtroom No. of the
Cumberland County Courthouse on the 'day of 2012, at ,6Q'0? a. m. at
which time testimony will be taken on this matter.
BY THE COURT:
x? -
udge
cc: ? Hubert X. Gilroy, Esquire
IT)
? Michael A. Scherer, Esquire --
= ^n
IN)
?R' lrv.
L n
w
PHILLIP H. THOMPSON,
Plaintiff
V.
EMILY E. THOMPSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 10-3570 CIVIL TERM
ORDER OF COURT
AND NOW, this 12th day of October, 2012, after hearing
on defendant's Petition to Enforce Agreement, the Court directs
the parties to abide by the following briefing schedule unless
they can mutually agree on another timetable:
1. Within two weeks of receipt of the transcript of
this hearing, defendant shall submit her Findings of Fact and
Conclusions of Law to the Court.
2. Within one week after receipt of defendant's
Findings and Conclusions, plaintiff shall submit to the Court
his Findings of Fact and Conclusions of Law.
j/ Samuel L. Andes, Esquire
For Plaintiff
Hubert X. Gilroy, Esquire
For Defendant
? Sheriff
prs
6e es ma j of i b1 i & 11 a
By the Court,
Albert H. Mas and, J.
Q.)
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9"
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'G co =9 m
Z'z 'Vrn
Hubert X. Gilroy, Esquire U)sr, o
MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER - -a
MARTSON LAW OFFICES
CJ
I.D. 29943 =
10 East High Street
Carlisle, PA 17013
(717)243-3341
Attorneys for Defendant
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
PRIOR JUDGE: Albert H. Masland
PETITION FOR SPECIAL RELIEF
Petitioner, Emily E. Thompson, by her attorneys, Martson Law Offices, sets forth the
following:
1. Petitioner is Emily E. Thompson (Wife) and is the Defendant in the above
captioned divorce action and is a resident at 903 Forge Road, Carlisle,
Pennsylvania 17013.
2. Respondent is Phillip H. Thompson (Husband) and is the Plaintiff in the above
captioned divorce action.
3. Husband and Wife are the joint owners of the real estate located at 903 Forge
Road, Carlisle, Pennsylvania 17013 (hereinafter referred to as the "Real Estate").
4. Wife resides in the Real Estate and has exclusive possession of the Real Estate
pursuant to a Protection from Abuse Order entered at Cumberland County Docket
Number 2010-2817.
5. The Real Estate suffered damage as a result of a hail storm in 2010 and State
Farm Insurance issued two checks in the amount of$19,117.65 and $350.00 for
purposes of repair of the Real Estate in connection with said damage. Copies of
said checks are attached hereto and marked Exhibits `A' and `B'.
6. Despite repeated requests by Wife, Husband has refused to cash the checks in
question and also has refused to authorize the use of the funds for necessary
repairs of the Real Estate.
7. The damage caused by the 2010 hail storm which generated the payment of the
State Farm Insurance funds caused damage to the roof, and said damage has
caused water leakage within the home which is further damaging the home.
8. Wife received a letter on March 12, 2013, from the insurance company directing
that the repairs be undertaken. A copy of said letter is attached hereto and marked
Exhibit `C'.
9. Wife is concerned that the insurance on the Real Estate will be cancelled without
the performance of the necessary repairs to the home.
10. Wife is prepared to use the insurance proceeds referenced above for the repairs.
However, Husband has steadfastly refused to cooperate in connection with those
matters.
11. Wife believes that failure to have the repairs done will cause a diminution in
value of the marital estate and also potentially cause the Real Estate to be
uninsurable.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order directing
Husband to negotiate the insurance checks outlined above and direct the parties to proceed with
necessary repairs of the Real Estate.
MOTION FOR EXCLUSIVE POSSESSION OF MARITAL HOME
12. Paragraph 1 through 11 above are incorporated herein by reference thereto.
13. The Protection from Abuse Order referenced above giving Wife exclusive
possession of the Real Estate will terminate on May 5, 2013.
14. The parties are currently involved in a divorce action which has, essentially, been
put on hold pending resolution of an issue on a post-nuptial agreement which is
currently pending before Judge Masland.
15. Once the ruling has been made on the post-nuptial agreement issue, the parties
may proceed with a Master's Hearing to achieve distribution of marital property.
Additionally, once said ruling is issued, the parties may be in a position to
negotiate an amicable settlement.
16. Wife desires to continue to remain in the marital home until the divorce is
finalized and Wife fears that if Husband is given unfettered access to the Real
Estate at the expiration of the Protection from Abuse Order (PFA) there will be
problems between the parties based upon Husband's prior abuse and certain
threatening conduct Husband has exhibited towards Wife since the entry of the
PFA Order.
17. Wife does not object to Husband coming to the home for purposes of gathering
any personal property the parties may agree upon as long as there is adequate
security in connection with Husband having access to the home and a strict
schedule pursuant to a Court Order in connection with the scope of said access
and the timing of said access.
18. The undersigned has contacted Attorney Michael Scherer who represents
Husband in these proceedings, and Attorney Scherer indicates that Husband does
not agree to any of the relief requested by Wife in this Petition.
WHEREFORE, Wife requests Your Honorable Court to enter an Order granting her
Exclusive Possession of the Real Estate.
Dated: March 1 ( ' 2013
Hubert X. Gilr , Esquire
Martson La ffices
10 East Hi6 Street
Carlisle, PA 17013
(717) 243-3341
ID #29943
Attorney for Defendant
513 950 643
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EXHIBIT
State Farm
Ballston Spa Operations Center
Building One
2013 100 State farm Place
March 12, P.O.Box 8000
Ballston Spa,New York 12020-8000
THOMPSON, EMILY
903 FORGE RD
CARLISLE PA 17015-4321
RE: POLICY NUMBER: 38-KN-1862-1 T27
LOCATION: 903 Forge Rd
Carlisle PA
17015-4321
Dear Ms. Thompson:
State Farma has reviewed your Homeowners Policy account as a result of
your recent claim. We believe there are some positive measures that can
be taken which could reduce the potential for similar losses. We would
appreciate your assistance in making the following improvements:
1. Please repair/replace the deteriorating and damaged gutters, siding
window/skylight and door on the home.
2. Evidence of water damage was found to the interior of the hone.
Contact a qualified contractor to determine the source of the leak and
make repairs.
3. The roof(s) on the home, shed and garage appear(s) to be in need of
repair and/or replacement. A qualified roofing contractor should
inspect and make the needed repairs. Notify your agent when repairs
are complete.
Your cooperation with the above underwriting requirements within the next
120 days would be appreciated. Please contact your agent when the work is
completed and send documentation confirming the requirements have been
addressed.
You are a valued policyholder, and we hope that by giving notice of the
condition(s) you need to correct, we can continue to serve your needs.
Your agent, or in some cases an underwriting representative, may contact
you to review these improvements.
PLEASE NOTE. . .These requirements are based solely on an insurance
underwriting review of insured losses you have had under your policy.
These requirements are made solely to help reduce the potential for future
losses insured under your policy. However, they are not a guarantee
against future losses. s•
EXHIBIT
Home Office, Sloomintton, it
THOMPSON, EMILY
38-KN-1862-1
March 12, 2013
Page 2 of 2
If you have any questions, please contact your agent John Zampelli at
(717) 249-1582.
Sincerely,
Personal Lines Fire Underwriting Department
State Farm Fire and Casualty Company
cc: John Zampelli 2627
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
PHILLIP H. THOMPSON, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION—LAW
NO. 2010-3570
EMILY E. THOMPSON,
Defendant : IN DIVORCE
COURT ORDER°
1
AND NOW, this day of , 2013, upop consideration of the
attached Petition for Special Relief and Motion for Exclusive Possession of Marital Home, it is
ordered and directed that a hearing is scheduled in Court Room No. 1 of the Cumberland County
Courthouse on the / day of , 2013, at m.
3
t
kk BY THE COURT:
1,
Judge Albert H. Twasland
w r�
cc: /Hubert X. Gilroy, Esquire cn r" r"a
'/Michael A. Scherer, Esquire
PHILLIP H. THOMPSON, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
EMILY E. THOMPSON,
DEFENDANT : 10-3570 CIVIL TERM
IN RE: PETITION TO ENFORCE AGREEMENT
BEFORE MASLAND, J.
ORDER OF COURT
AND NOW, this day of March, 2013, Defendant's Petition to
Enforce Agreement is GRANTED. Pursuant to the parties' oral prenuptial
agreement, Defendant shall receive a credit of$89,132.20 towards the Forge
Road Property or payment otherwise in the divorce proceedings before any
further distribution of marital property.
By the Court,
Albert H. Masland, J.
Samuel L. Andes, Esquire
For Plaintiff n E'
-� C-4
Hubert X. Gilroy, Esquire
For Defendant v '-'
PHILLIP H. THOMPSON, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V.
EMILY E. THOMPSON,
DEFENDANT : 10-3570 CIVIL TERM
IN RE: PETITION TO ENFORCE AGREEMENT
BEFORE MASLAND, J.
OPINION AND ORDER OF COURT
Masland, J., March 26, 2013: --
Before the court is Defendant's Petition to Enforce Agreement filed on
August 20, 2012. After a hearing on October 12, 2012 and briefing by the parties,
we now grant the Petition in accordance with the following opinion and order of
court.
I. Facts
Plaintiff and Defendant began dating in January 2005. Hr'g Tr.5, Oct. 12,
2012. During this time, Defendant lived in Bethlehem, Pennsylvania where she
owned property in her own name. Id. at 5-6. The parties were engaged in
August 2005, at which time they discussed Defendant relocating to Carlisle,
Pennsylvania. Id. at 6-7. Significantly, they discussed Defendant selling her
home and using the proceeds to pay off Plaintiff's mortgage on the property
located at 903 Forge Road, Carlisle, Pennsylvania ("Forge Road Property"). Id.
Further, the parties discussed drafting an agreement that would address
Defendant's interest in the Forge Road Property. Id.
10-3570 CIVIL TERM
Prior to the parties' marriage, Defendant moved into the Forge Road
Property with Plaintiff. Id. The parties originally intended to marry on June 4,
2006, but moved the marriage date to March 10, 2006 in contemplation of
Defendant paying off the Forge Road Property. Id. at 9 and 11. Defendant
alleges that the parties verbally agreed that Defendant would use the proceeds
from the sale of her property in Bethlehem to pay off Plaintiff's mortgage on the
Forge Road Property. Id. at 11. In consideration for the pay off, Plaintiff would
deed the Forge Road Property into the names of both Plaintiff and Defendant,
and Defendant would retain a separate and distinct interest in the funds used to
pay off the mortgage. Id.
The parties were married on March 10, 2006. Id. at 9. Defendant sold her
Bethlehem property on March 31, 2006. Id. at 12. On April 3, 2006, Defendant
retained Attorney David Baric to draft a Postnuptial Agreement ("Agreement")
that would memorialize the alleged verbal agreement made by the parties. Id. at
12-13. On April 7, 2006, Defendant paid off Plaintiff's mortgage on the Forge
Road Property. Id. at 13-14; Def.'s Ex. 2. On April 25, 2006, Plaintiff conveyed
the Forge Road Property into the names of both Plaintiff and Defendant as joint
tenants in the entirety. Hr'g Tr. 17-19; Def.'s Ex. 8. At the time of the transfer,
Plaintiff estimated the value of the house to be $120,000 (the purchase price in
2000), Id. at 25, while Defendant contended the value had increased to
$180,000. Id. at 57-58.'
'Notably, in 2012,the house was valued at$175,000 by a certified real estate appraiser. Pl.'s Ex. 1.
-2-
10-3570 CIVIL TERM
Defendant then executed a Will drafted by Attorney Baric which provided
that in the event of her death, her separate interest in the Forge Road Property
would pass to her family. Hr'g Tr. 22-23; Def.'s Ex. 12. This was drafted by
Attorney Baric with full knowledge that the Forge Road Property was owned by
Plaintiff and Defendant as joint tenants in the entireties. Hr'g Tr. 15. Defendant
further alleges that Attorney Baric prepared a Post-Nuptial Agreement and that
the parties signed the Agreement at the time Defendant signed her will. Id. at 26-
28. However, Defendant alternatively alleges that if the parties did fail to sign the
Post-Nuptial Agreement, this failure was a mistake and the parties did intend to
sign it and had reached an oral agreement consistent with the terms of the
Agreement. Attorney Baric has no recollection of meeting with the parties in
2006 or of the parties signing the Post-Nuptial Agreement. Id. at 43. There is
also no entry in Attorney Baric's billing records regarding the meeting. Id.
Finally, Attorney Baric testified that he generally keeps a copy of all documents
he prepared for his clients and had them sign, and he has no such copy of the
Post-Nuptial Agreement. Id. at 44.
In April 2010, the Defendant was granted a Protection from Abuse Order
against Plaintiff, and Plaintiff was expelled from the Forge Road Property. Id. at
23-24. Defendant has been unable to find a signed copy of the Post-Nuptial
Agreement. Id. at 39-40. Furthermore, Plaintiff denies that the parties discussed
a Post-Nuptial Agreement, though he acknowledges that he did see a Post-
Nuptial Agreement. Id. at 56-57, 60-61.
-3-
10-3570 CIVIL TERM
III. Discussion
In Pennsylvania, an oral prenuptial agreement can be established only by
clear and convincing evidence. In re Russo's Estate, 180 A. 741, 743 (Pa.
Super. Ct. 1935); see also De Luca v. De Luca, 130 A.2d 179 (Pa. 1957) (finding
that an oral prenuptial agreement was established through testimony).
Pennsylvania courts have defined "clear and convincing evidence" to require that
the trier of fact find the witnesses credible and their testimony so "convincing as
to enable the trier of fact to come to a clear conviction, without hesitancy, of the
truth of the precise facts in issue." In re Novsierski, 992 A.2d 89, 107 (Pa. 2010).
In order to determine whether a prenuptial agreement exists, the evidence must
"be evaluated under the same criteria as are applicable to other types of
contracts." Simeone v. Simeone, 581 A.2d 162, 165 (Pa. 1990). This criteria
includes an offer, acceptance and consideration "or mutual meeting of the
minds." Jenkins v. County of Schulkill, 658 A.2d 380, 383 (Pa. Super. Ct. 1995).
Finally, the inability "to reduce [an oral] agreement to writing after several
attempts does not necessarily preclude a finding that the oral agreement was
enforceable." Mazzella v. Koken, 739 A.2d 531, 536 (Pa. 1999).
In the present matter, Defendant testified that the parties had agreed that
she would maintain an interest in the Forge Road Property separate and distinct
from her interest as a tenant in the entirety. In consideration of this agreement,
Defendant testified that she paid $89,132.20 toward Plaintiff's mortgage on the
property. Consequently, Defendant's testimony would establish that a valid oral
prenuptial agreement existed between Plaintiff and Defendant.
-4-
10-3570 CIVIL TERM
As in most matters, this case boils down to credibility. In short, the court
finds Defendant more credible than the Plaintiff. Her testimony is supported by
documents, circumstances and logic. Despite Plaintiffs protestations, based on
our observations in court and on our common sense evaluation of the facts
presented, Defendant's account not only rings true, but also makes sense.
Plaintiff's suggestion that discussion of an Agreement "kind of went away," Hr'g
Tr. 64, defies belief. After paying $89,000 to cover the total indebtedness on a
house that was worth much closer to $120,000 than $180,000, the Defendant's
insistence on getting that $89,000 back— off the top — is completely
understandable. Otherwise, had the parties marriage soured sooner, Plaintiffs
scenario would leave Defendant far short of a full return on her investment. And,
despite the blissful sound of wedding bells (even the second or third time they
ring), we are satisfied that Defendant would not have paid off Plaintiffs mortgage
without an agreement that she would be repaid the full sum of her investment
before considering what, if any, marital interest she might have in the property.
Furthermore, the court finds the fact that Attorney Baric prepared, and
Defendant signed, a will that proposed to pass Defendant's interest in the Forge
Road Property to her family supports Defendant's testimony that an oral
prenuptial agreement was entered. This support is based on the fact that, if the
Defendant did not maintain an interest in the Forge Road Property separate and
apart from her interest as a tenant in the entirety, she would be unable to devise
an interest to her family because interest as a tenant in the entirety passes at
death to the other tenant in the entirety. We find most persuasive the fact that
-5-
10-3570 CIVIL TERM
Attorney Baric drafted a Will that proposed to devise Defendant's interest in the
property to her family. Clearly, this supports Defendants contention that she and
Plaintiff had entered into an oral prenuptial agreement.
Therefore, the court finds by clear and convincing evidence that an oral
prenuptial agreement existed between Plaintiff and Defendant. Defendant is
more credible, truthful and accurate in her contention that she and Plaintiff had
entered a prenuptial agreement through which she would maintain a separate
interest in the $89,132.20 she paid towards Plaintiffs mortgage. Accordingly, we
enter the following order.
ORDER OF COURT
AND NOW, this _ day of March, 2013, Defendant's Petition to
Enforce Agreement is GRANTED. Pursuant to the parties' oral prenuptial
agreement, Defendant shall receive a credit of$89,132.20 towards the Forge
Road Property or payment otherwise in the divorce proceedings before any
further distribution of marital property.
By the Court,
Alb rt H.2MasIa?nSdf, J.
Samuel L. Andes, Esquire
For Plaintiff
Hubert X. Gilroy, Esquire
For Defendant
-6-
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: PHILLIP H. THOMPSON
Member ID Number: 8494102315
Please note:All correspondence must include the Member ID Number.
ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of Multiple Cases on Attachment
-tam cv
ZZ r;
PACSES Docket Attachment A Fraency-,;r-
Plaintiff Name Case Number Number
EMILY E.THOMPSON 331111892 10-3570 CIVIL 6Q ! MONTH
$ /
TOTAL ATTACHMENT AMOUNT: $ 601.00
The prior Order of this Court directing the Department of Labor and Industry, Office of
Unemployment Compensation Benefits (OUCB), to attach$138.31 or 50% per week of
the Unemployment Compensation benefits of PHILLIP H. THOMPSON, Social Security
Number XXX-XX-3319, Member ID Number 8494102315 is hereby vacated.
This Order to Vacate shall be effective upon receipt of the notice of the Order by the
Department and shall remain in effect until a further Order of the Court is filed.
BY THE COURT
Date of Order: APR 0 2 2013
dward E. Guido JUDGE
Form EN-035
Service Type M Worker ID$IATT
Hubert X. Glroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAJ4-f
MARTSON LAW OFFICES Y r�lU1
I.D. 29943Q 1TLV P,
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
PRIOR JUDGE: Albert H. Masland
COURT ORDER
AND NOW, this e day of April, 2013, it being related to the Court that the parties in
the above matter have reached an agreement on some issues and are willing to defer other issues for
consideration by the Court at a later date, it is Ordered and directed as follows:
1. The hearing scheduled in the above matter on defendant Wife's Petition for Special
Relief and Exclusive Possession which is scheduled for Thursday, April 18, 2103,
at 1:30 p.m. is cancelled.
2. Defendant Wife Emily Thompson is hereby granted Exclusive Possession of the
marital home located at 903 Forge Road,Carlisle,PA. This provision granting Wife
Exclusive Possession is subject to the ability of Husband, at a later date, to seek a
modification of this Order and have a de novo hearing in connection with the
Exclusive Possession issue.
3. A hearing is scheduled in Courtroom No. 1 of the Cumberland County Courthouse
on May 30, 2013, at 3:00 p.m. for purposes of addressing Wife's Petition in
connection with insurance checks that relate to potential repairs on the real estate
owned by the parties at 903 Forge Road, Carlisle, PA.
BY COURT:
Albert H. Masland, Judge
cc: ubert X. Gilroy, Esquire
Michael A. Scherer, Esquire
I ES /rh.tLaL
A4 iZ/ 13
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010-3570 CIVIL TERM
EMILY E. THOMPSON, CIVIL ACTION-LAW
Defendant IN DIVORCE
ORDER OF COURT
/��
AND NOW, this a I day of rK , 2013, the hearing which
was set in this matter for Thursday, May 30, 2013 is rescheduled to Friday, June 14,
2013 at 8:45 a.m.
BY THE COURT,
Albert H. Masland, J.
✓Michael A. Scherer, Esquire
Baric Scherer LLC
19 West South Street
Carlisle, Pennsylvania 17013
.-.,eubert Gilroy, Esquire
Martson Law Office
10 East High Street
Carlisle, Pennsylvania 17013 r
rnt- f Mn .
'C LW
Q
yCz {
4.
INCOME WITHHOLDING FOR SUPPORT 1 i 11 '1 "7(�C1z f
O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) 1
O AMENDED IWO *-A510
O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT
Q TERMINATION OF IWO Date: 05/31/13
❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One)
NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO
instructions hftp://www.acf.hhs.gov/programs/cse/newhire/employer/publication/publication.htm-forms). If you receive this document from
someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached.
Staterrribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 8494102315
City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton)
Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary)
WOLF PAK TRANSPORT LLC RE: THOMPSON, PHILLIP H.
PO BOX 466 Employee/Obligor's Name(Last, First,Middle)
ELIZABETHTOWN PA 17022-0466 238-19-3319
Employee/Obligor's Social Security Number
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Party/Obligee's Name(Last, First,
Middle)
Employer/Income Withholder's FEIN 020602920 NOTE:This IWO must be regular on its face.
Under certain circumstances you must reject
Child(ren)'s Name(s)(Last, First, Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO
instructions
http://www.acf.h hs.gov/programs/cse/newhire/
employer/publication/publication.htm-forms). If
you receive this document from someone other
than a State or Tribal CSE agency or a Court,a
copy of the underlying order must be attached.
0206029200
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County,
Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/
obligor's income until further notice. _
$ 0.00 per month in current child support -cam `-'
$ 0.00 per month in past-due child support- Arrears 12 weeks or greater? p yes 2% n( F
$ 0.00 per month in current cash medical support fir- t trl
$ 0.00 per month in past-due cash medical support c- °CD
$ 546.00 per month in current spousal support
$ 0.00 per month in past-due spousal support =' c-) ; .
$ 0.00 per month in other(must specify) !V -t''
for a Total Amount to Withhold of$ 546.00 per month. C:) .
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information.
If your pay cycle does not match the ordered payment cycle, withhold one of the following amount:
$ I21o.1100 per weekly pay period. $ 273.00 per semimonthly pay period (twice a month)
$�cj�D per biweekly pay period (every two weeks) $ 546.00 per monthly pay period.
$ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order.
REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth
of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 10
working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If
you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of
disposable income for all orders. If the employee/obligor's principal place of employment is not within the
Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements,
and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map.
htm for the employee/obligor's principal place of employment.
Document Tracking Identifier
OMB No.:0970-0154 Form EN-028 06/12
Service Type M Worker ID $IATT
Q Return to Sender[Completed by Employer/income Withholder]. Payment must be directed to an SDU in
accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not
directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this bo nd`f9M- he IWO to
the sender.
Signature of Judge/issuing Official (if required by State or Tribal law):
Print Name of Judge/Issuing Official:
Title of Judge/issuing Official: Ad j2_0
Date of Signature: (X
If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO
must be provided to the employee/obligor.
If checked,the employer/income withholder must provide a copy of this form to the employee/obligor.
ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS
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,
State-specific contact and withholding information can be found on the Federal Employer Services website located at:
http:/Iwww,acf.hhs.gov/procirams/ese/newhire/employe-rLcontacts/"contapA map.ht
Priority:Withholding for support has priority over any other legal process under State law against the same income(USC 42
§666(b)(7)). If a Federal tax levy is in effect, please notify the sender.
Combining Payments: When remitting payments to an SDU or Tribal CSE agency,you may combine withheld amounts from
more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/
obligor's portion of the payment.
Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a
Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU(e.g., payable to the custodial
party,court, or attorney),you must check the box above and return this notice to the sender. Exception: If this IWO was sent
by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was
issued by a Tribal CSE agency, you must follow the"Remit payment to"instructions on this form.
Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the
amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if
applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement
the withholding and forward the support payments.
Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all iWOs due to
Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current
support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal
place of employment to determine the appropriate allocation method.
Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this
employee/obligor such as bonuses,commissions,or severance pay. Contact the sender to determine if you are required to
report and/or withhold lump sum payments.
Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the
employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and
any penalties set by State or Tribal law/procedure.
Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from
employment, refusing to employ,or taking disciplinary action against an employee/obligor because of this IWO.
OMB Expiration Date—05/3112014,The OMB Expiration bate has no bearing on the termination date of the IWO;it identifies the version of the form currently In use.
Form EN-028 06/12
Service Type M Page 2 of 3 Worker ID$IATT
IL.
Employer's Name: WOLF PAK TRANSPORT LLC Employer FEIN: 020602920
Employee/Obligor's Name: THOMPSON PHILLIP H. 8494102315
CSE Agency Case Identifier:(See Addendum for case summary Order Identifier:(See Addendum for order/docket information)
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/obligor's principal place of
employment(see REMITTANCE INFORMATION). 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,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State
or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in
this section.
For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income
withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which
the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)).
Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in
determining disposable income and applying appropriate withholding limits.
Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the
Employer should calculate the CCPA limit using the lower percentage.
Additional Information:
NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are
no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by
returning this form to the address listed in the Contact Information below: 0206029200
Q This person has never worked for this employer nor received periodic income.
O This person no longer works for this employer nor receives periodic income.
Please provide the following information for the employee/obligor:
Termination date: Last known phone number:
Last known address:
Final Payment Date To SDU/Tribal Payee: Final Payment Amount:
New Employer's Name:
New Employer's Address:
CONTACT INFORMATION:
To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name)
by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us.
Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST.
P.O. BOX 320, CARLISLE, PA. 17013(Issuer address).
To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name)
by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us.
IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor.
OMB No.:0970-0154 Form EN-028 06/12
Service Type M Page 3 of 3 Worker ID $IATT
r �
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: THOMPSON, PHILLIP H.
PACSES Case Number 301111892 PACSES Case.Number
Plaintiff Name Plaintiff Name
EMILY E.THOMPSON
Docke Attachment Amount Docke Attachment Amount
10-3570 CIVIL $ 546.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
s
PACSES.Case Number PACSES Case.Number
Plaintiff Name Plaintiff Name
Docke Attachment Amount Docke Attachment.Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount Docket Attachment Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOS
Addendum Form EN-028 06/12
Service Type M OMB No.:0970-0154 Worker ID $IATT
PHILLIP H. THOMPSON IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010-3570 CIVIL TERM
EMILY E. THOMPSON, CIVIL ACTION-LAW
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this
✓?_day of June, 2013, the hearing which was set in this
matter for Friday, June 14, 2013 is rescheduled to Monday, July 8, 2013 at 1:00 p.m.
in Courtroom Number 1 of the Cumberland County Courthouse.
BY THE COURT,
Albert H. Masland, J.
Michael A. Scherer, Esquire
Baric Scherer LLC
19 West South Street
Carlisle, Pennsylvania 17013
..--�Hubert X. Gilroy, Esquire
Martson Law Office
C-)
10 East High Street C=
Carlisle, Pennsylvania 17013 _Vz
2-
rt
Hubert X. Glroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA'17013
(717) 243-3341
Attorneys for Defendant
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION—LAW
NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
PRIOR JUDGE: Albert H. Masland
COURT ORDER
AND NOW, this day of July, 2013, upon request of the parties, the hearing
scheduled in the above matter is set for Thursday,August 22,2013, at 1:30 p.m. in Courtroom No.
1 of the Cumberland County Courthouse.
BY THE COURT:
Albert H. Masland, Judge
cc: ert X. Gilroy, Esquire
ichael A. Scherer, Esquire
> �'` ;
Hubert X. Gilroy, Esquires : -
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
c:
Carlisle,PA 17013 ,c:
(717) 243-3341
Attorneys for Defendant ``
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
PRIOR JUDGE: Albert H. Masland
MOTION FOR SPECIAL RELIEF
Defendant, Emily E. Thompson, by her attorneys, Martson Law Offices, sets forth the
following:
1. A hearing is scheduled before The Honorable Albert H. Masland on August 22,
2013, at 1:30 p.m. to address a prior Petition filed by the Wife in an effort to
compel the Husband to use insurance proceeds for repair work of the jointly
owned home.
2. It was believed that the parties had reached a global settlement on all issues in this
case as Plaintiff Husband indicated he had a desire to purchase the marital home
and had secured financing to do so.
3. Based upon the understanding that a settlement was to be achieved, Wife made
efforts to move out of the marital home and an arrangement was made that
Husband and his counsel was afforded an opportunity to inspect the marital home.
4. Plaintiff Husband has now rescinded his request to purchase the marital home,
and Wife believes it is in the best interest for all parties to immediately list the
home for sale with a realtor.
5. Despite requests to the Husband, Husband has refused to take any action to list
the home for sale with a realtor.
WHEREFORE, Defendant requests Your Honorable Court to issue an Order directing
that the parties list the jointly owned marital home at 903 Forge Road, Carlisle, Cumberland
County, Pennsylvania, 17015, for sale through a real estate firm as agreed upon by legal counsel
for the parties.
Respectfully submitted,
/�)4
Dated: August , 2013
ert X. Gilro , Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
(717) 243-3341
ID #29943
Attorney for Defendant
Hubert X. Gilroy, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION—LAW
NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
�j COURT ORDER
AND NOW, this (J day of August, 2013, upon consideration of the attached
Motion, it is ordered and directed that a said Motion shall be addressed at the hearing already
scheduled in this case in Courtroom No. 1 of the Cumberland County Courthouse on the 22 day
of August, 2013, at 1:30 p. m.
BY THE COURT:
Albert H. Masland, -fudge
cc: bert X. Gilroy, Esquire
'Michael A. Scherer, Esquire
Co-tatles r �
MGr1 ;ten t'�i-•-
�J
PHILLIP H. THOMPSON, IN THE COURT OF COMMON-PLEAS OF f,
Plaintiff CUMBERLAND COUNTY, PENNSYLAN� ;
�.r
V. NO. 2010-3570 S
EMILY E. THOMPSON, CIVIL ACTION-LAW `� ' � .
Defendant IN DIVORCE
-0 en
PLAINTIFF'S ANSWER TO DEFENDANT'S ' °'
MOTION FOR SPECIAL RELIEF AND NEW MATTER "'' ,
AND NOW, comes the Plaintiff, Phillip H. Thompson, by and through his
attorney, Michael A. Scherer, Esquire, and respectfully responds to Defendant's Motion
for Special Relief as follows:
1. Admitted.
2. The parties had agreed upon most of the terms of a global settlement
however the issue of the disposition of the insurance funds have always been in
dispute.
3. Wife unilaterally and without notice "moved" from the marital residence
and husband and husband's counsel inspected the residence thereafter. During the
inspection it was apparent that wife had not completely moved from the marital
residence and many of husband's premarital items of personal property were missing.
4. Husband has not rescinded his offer to purchase the marital residence; he
has made a request for an explanation of the items which are missing from the marital
residence.
5. There is no need to list the property with a realtor as it is husband's
intention to take title to the marital residence.
NEW MATTER
EXCLUSIVE POSSESSION OF MARITAL RESIDENCE
6. Wife has exclusive possession of the marital residence by agreement of
the parties.
7. Wife apparently no longer resides at the marital residence.
c
8. Husband intends to own the marital residence and as such wants to begin
residing there.
.WHEREFORE, Husband wants exclusive possession of the marital residence.
ALIMONY PENDENTE LITE
9. Husband pays wife alimony pendente lite.
10. In the event Husband is granted exclusive possession, the portion of
alimony pendente lite awarded to Wife relative to her occupancy of the house should be
discontinued.
WHEREFORE, Husband requests that the alimony pendente lite be modified to
discontinue the mortgage deviation portion of the payment.
Respectfully submitted,
BARIC SCHERER LLC
Date: August 20, 2013
Mich I A. cherer, Esquire
1.DAN 1974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
mas.di rid omestic/thompson/answer.petition.relief2
VERIFICATION
I verify that the statements made in the foregoing Plaintiff's Answer to
Defendant's Motion for Special Relief and New Matter are true and correct to the best
of my knowledge, information and belief. This verification is signed by Michael A.
Scherer, Esquire, Attorney for Defendant and is based upon the statements provided by
Defendant, as well as documents reviewed by the undersigned as attorney for
Defendant. This verification will be substituted and ratified by a verification signed by
the Defendant who is presently unavailable to sign said verification. I undersigned that
false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to
unsworn falsifications to authorities.
Micfabl A. Scherer, Esquire
Dated: August 20, 2013
CERTIFICATE OF SERVICE
I hereby certify that on the day of , 2013, I, Andrea M.
Ramos, secretary to Michael A. Scherer, Esquire of Ba 'c Scherer, did serve a copy of
the Plaintiff's Answer to Defendant's Motion for Special Relief and New Matter, by first
class U.S. mail, postage prepaid, to the party listed below, as follows:
Hubert X. Gilroy, Esquire
Martson Law Office
10 East High Street
Carlisle, Pennsylvania 17013
ndrea M. Raftibs
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
EMILY E. THOMPSON,
DEFENDANT 10-3570 CIVIL TERM
ORDER OF COURT
AND NOW, this Zft�day of August, 2013, upon agreement of
counsel the hearing scheduled for this date is continued to Thursday, October 24, 2013,
at 1:30 p.m., in Courtroom Number 1.
By the Court,
Albert H. Masland, J.
-'41chael A. Scherer, Esquire
For Plaintiff
Xubert X. Gilroy, Esquire
For Defendant
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F:\FILES\Clients\14661 Thompson\14661.1.AFF DIVORCE.Plai.wpd P.:.
Created: 6/1/06 8:50AM (, '
Revised: 8/22/13 2:15PM
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Hubert X. Gilroy, Esquire Qrnt
I.D. 29943
MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER �► , _�
MARTSON LAW OFFICES ° `-"
10 East High Street .� r
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff COUNTY, PENNSYLVANIA
V. NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities.
Date: 2 Z`
PHILLIP H. THOMPSON, Plaintiff
c:
F:\FILEMClients\14661 Thompson\14661.1,Waiver.Plaintiff.wpd p maxA
Created: 6/1/06 8 50A W —{
Revised: 8/22/13 2 04P -'(j --Tr
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Hubert X. Gilroy, Esquire �I— C
I.D. 29943 .�
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES y w t
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff COUNTY, PENNSYLVANIA
V. NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) AND§ 33010 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 waiver 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:
z z 3
PHILLIP H. THOMPSON, Plaintiff
F:\FILMClients\14661 Thompson\I 4661.LAFF DIVORCE.Plai.wpd
Created: 6/1/06 8:50AM
Revised: 8/22/13 2:06PM
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Hubert X. Gilroy, Esquire
I.D. 29943 .�� PQ x
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES y' a ;
10 East High Street )>CZ k'o C)C-)
Carlisle, PA 17013
(717) 243-3341 �`
Attorneys for Plaintiff
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff COUNTY, PENNSYLVANIA
V. NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities.
Date: °� ` 2f7��
A4 ILY O SON, Plaintiff
F:\FILES\C1ients\14661 Thompson\14661.I.Waiver,Defendantmpd
Created: 6/1/06 8:50AM
Revised: 8/22/13 2:04PM
C'7 Q
Hubert X. Gilroy, Esquire s CA.) ^
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I.D. 29943 -c
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER `s' �
MARTSON LAW OFFICES
CID
10 East High Street a =c t
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff COUNTY, PENNSYLVANIA
V. NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) AND § 3301(d) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 waiver 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: 812-2/ 1 3
EM LY E. T PSO , Defendant
PHILLIP H. THOMPSON
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,PENNSYLVANIA
VS.
EMILY E. THOMPSON CIVIL DIVISION: NO. 2010-$570 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record,together with the following information,to the court for entry of a dive —'.
decree: rn _
rn
i -vi--'
1. Ground for divorce: cnt—
Irretrievable breakdown under§ (3301(c))and f--
§ (3301(d)(1))of the Divorce Code. <tom~ 3 c�
*---
(Strike out inapplicable section.) x_cam ,
2. Date and manner of service of the complaint: G�
June 1,2010 by Certified Mail
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 August 22, 2013 ; by defendant August 22, 2013
(b)(1)Date of execution of the affidavit required by § 3301(d)of the Divorce Code:
(2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the
respondent opposing party:
4. Related claims pending:
Claims preserved as set forth in partial marital settlement agreement dated August 22,2013.
5. Complete either(a)or(b)
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached:
(b) Date plaintiffs Waiver of Notice was filed with the Prothonotary:
August 23, 2013
Date defendant's Waiver of Notice was filed with the Prothonotary:
August 23,2013
Atto 'y or 'laintiff/Defendant
r
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 10-3570 CIVIL TERM
EMILY E. THOMPSON, IN DIVORCE
Defendant/Petitioner PACSES CASE: 331111892 �z s
ORDER OF COURT
AND NOW,this 26th day of August, 2013, based upon the Courts determination-that&
Petitioner's monthly net income/earning capacity is $ n/a and the Respondent's monthly net
income/earning capacity is $ n/a, it is hereby ordered that the Respondent pay to the Pennsylvania
State Collection and Disbursement Unit Four Hundred ninety-one and 00/100 Dollars ($491.00)per
month payable bi-weekly as follows: $491.00 per month for Alimony Pendente Lite and $ 0.00 per
month on arrears. The first payment is due in accordance with the Respondent's pay schedule. The
effective date of the order is August 22, 2013.
Arrears set at$ 237.57 as of August 26, 2013.
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 is to be turned over by the PA SCDU for distribution and disbursement in
accordance with Rule 1910.17(d).
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 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: 0 %by
Respondent and 100 % by Petitioner. [] Respondent [X] Petitioner [] Neither party to provide
medical insurance coverage.
Within thirty (30) days after the entry of this order, the [X] Petitioner [] 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, o£ 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.
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; this Order will be increased without further
hearing by 0% a month until all arrearages are paid in full. Payor is responsible for court costs and
fees.
Other conditions:
This order is based upon the parties' Marital Settlement Agreement and that the mortgage
adjustment of$55.00 per month is to be eliminated, effective August 22, 2013.
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: August 27,2013
BY THE COURT
Edward- id6� J.
xc: Petitioner
Respondent
Hubert X. Gilroy,Esq.
Michael A. Scherer,Esq,
DRO: R.J. Shadday
INCOME WITHHOLDING FOR SUPPORT
O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO)
Q AMENDED IWO
O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT
O TERMINATION OF IWO Date: 08/26/13
❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One)
NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO
instructions htti)://www.acf.hhs.gov/programs/cse/newhire/employer/publication/publication htm-forms). If you receive this document from
someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached.
State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 8494102315
City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for orderldocket informaiton)
Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary)
WOLF PAK TRANSPORT LLC RE: THOMPSON,PHILLIP H.
PO BOX 466 Employee/Obligor's Name(Last, First,Middle)
ELIZABETHTOWN PA 17022-0466 238-19-3319
Employee/Obligor's Social Security Number
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Party/Obligee's Name(Last, First,
Middle)
Employer/Income Withholder's FEIN 020602920 NOTE:This IWO must be regular on its face.
Under certain circumstances you must reject
Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO
instructions
http://www.acf.hhs gov/programs/cse/newhire/
employer/r)ublication/r)ublication.htm-forms).If
you receive this document from someone other
than a State or Tribal CSE agency or a Court,a
copy of the underlying order must be attached.
0206029200
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County,
Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts fronhe gTplogee/
obligor's income until further notice.
$ 0.00 per month in current child support
$ 0.00 per month in past-due child support- Arrears 12 weeks or greater? O ye�ig nom' 1r.
$ 0.00 per month in current cash medical support -<A tv C_*CD
$ 0.00 per month in past-due cash medical support
$ 491.00 per month in current spousal support ..
$ 0.00 per month in past-due spousal support '
$ 0.00 per month in other(must specify) _t
,
� tv
for a Total Amount to Withhold of$ 491.00 per month. cry
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information.
If your pay cycle does not match the ordered payment cycle, withhold one of the following amount:
$ 113.31 per weekly pay period. $ 245.50 per semimonthly pay period (twice a month)
$ oR;L a ,pb per biweekly pay period (every two weeks) $ 491.00 per monthly pay period.
$ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order.
REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth
of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 10
working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If
you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of
disposable income for all orders. If the employee/obligor's principal place of employment is not within the
Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements,
and any allowable employer fees at htto://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_mag
htm for the employee/obligor's principal place of employment.
Document Tracking Identifier
OMB No.:0970-0154 Form EN-028 06/12
Service Type M Worker ID $IATT
❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in
accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee (see Payments to SDU below). If payment is not
directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to
the sender.
Signature of Judge/Issuing Official (if required by State or Tribal law):
Print Name of Judge/Issuing Official: d p
Title of Judge/Issuing Official:
Date of Signature: ,
If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO
must be provided to the employee/obligor.
❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor.
ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS
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.
State-specific contact and withholding information can be found on the Federal Employer Services website located at:
http://www.acf.hhs.ciov/programs/cse/newhire/employer/contacts/contact map.htm
Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42
§666(b)(7)). If a Federal tax levy is in effect, please notify the sender.
Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from
more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/
obligor's portion of the payment.
Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a
Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial
party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent
by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was
issued by a Tribal CSE agency, you must follow the"Remit payment to"instructions on this form.
Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the
amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if
applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement
the withholding and forward the support payments.
Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to
Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current
support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal
place of employment to determine the appropriate allocation method.
Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this
employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to
report and/or withhold lump sum payments.
Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the
employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and
any penalties set by State or Tribal law/procedure.
Anti-discrimination: You are subject to a fine determined under State or tribal law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO.
OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use.
Form EN-028 06/12
Service Type M Page 2 of 3 Worker ID$IATT
Employer's Name: WOLF PAK TRANSPORT LLC Employer FEIN: 020602920
Employee/Obligor's Name: THOMPSON, PHILLIP H. 8494102315
CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information)
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/obligor's principal place of
employment(see REMITTANCE INFORMATION). 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,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State
or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in
this section.
For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income
withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which
the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)).
Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in
determining disposable income and applying appropriate withholding limits.
Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the
Employer should calculate the CCPA limit using the lower percentage.
Additional Information:
NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are
no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by
returning this form to the address listed in the Contact Information below: 0206029200
Q This person has never worked for this employer nor received periodic income.
O This person no longer works for this employer nor receives periodic income.
Please provide the following information for the employee/obligor:
Termination date: Last known phone number:
Last known address:
Final Payment Date To SDU/Tribal Payee: Final Payment Amount:
New Employer's Name:
New Employer's Address:
CONTACT INFORMATION:
To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name)
by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state,pa.us.
Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST.
P.O. BOX 320, CARLISLE, PA 17013(Issuer address).
To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name)
by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us.
IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor.
OMB No.:0970-0154 Form EN-028 06/12
Service Type M Page 3 of 3 Worker ID $IATT
ADDENDUM ,
Summary of Cases on Attachment
Defendant/Obligor: THOMPSON, PHILLIP H.
PACKS Case Number 331111892 PACSES.Case Number
Plaintiff Name Plaintiff Name
EMILY E.THOMPSON
Docket Attachment Amount Docket Attachment Amount
10-3570 CIVIL $ 491.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docke Attachment Amount Docket Attachment Amount
$ 0.00 . $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount Docket Attachment Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
Addendum Form EN-028 06/12
Service Type M OMB No.:0970-0154 Worker ID $IATT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP H. THOMPSON
V.
EMILY E. THOMPSON NO. 2010-3570
DIVORCE DECREE ,k
AND NOW, , it is ordered and decreed that
PHILLIP H. TH MPSON , plaintiff, and
EMILY E. THOMPSON , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
Claims preserved as set forth in partial marital settlement agreement dated
August 22, 2013.
By the Court,
Attest: J
Prothonotary-
�fy e-7i/ro
` INCOME WITHHOLDING FOR SUPPORT 33 1 1 ( 1 C+
O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) ¢ s § a
O AMENDED IWO
O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT
Q TERMINATION OF IWO Date: 10/25/13
❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One)
NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO
instructions http://www.acf.hhs.gov/programs/cse/newhire/employer/publication/oublication.htm-forms). If you receive this document from
someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached.
State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 8494102315
City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton)
Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary)
WOLF PAK TRANSPORT LLC RE: THOMPSON,PHILLIP H.
PO BOX 466 Employee/Obligor's Name(Last, First, Middle)
ELIZABETHTOWN PA 17022-0466 238-19-3319
Employee/Obligor's Social Security Number
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Party/Obligee's Name(Last, First,
Middle)
Employer/Income Withholder's FEIN 020602920 NOTE:This IWO must be regular on its face.
Under certain circumstances you must reject
Child(ren)'s Name(s)(Last, First, Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO
instructions
htto://www.acf.hhs.gov/orograms/cse/newhire/
employer/publication/oublication.htm-forms). If
you receive this document from someone other
than a State or Tribal CSE agency or a Court,a
copy of the underlying order must be attached.
0206029200
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County,
Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/
obligor's income until further notice.
$ 0.00 per month in current child support
$ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yes rlicifr nom,
$ 0.00 per month in current cash medical support ?
$ 0.00 per month in past-due cash medical support ' N
$ 0.00 per month in current spousal support _-
s—
$ 0.00 per month in past-due spousal support _
$ 0.00 per month in other(must specify)
r\,
for a Total Amount to Withhold of$ 0.00 per month.
AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order%nformation.
If your pay cycle does not match the ordered payment cycle, withhold one of the following amount:
$ 0.00 per weekly pay period. $ 0.00 per semimonthly pay
$ 0.00 per biweekly pay period (every two weeks) $ Y P i period (twice a month)
( rY ) 0.00 per monthly pay period.
$ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order.
REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth
of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10)
working days after the date of this Order/Notice. Send payment within seven (7)working days of the pay date. If
you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of
disposable income for all orders. If the employee/obligor's principal place of employment is not within the
Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements,
and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.
htm for the employee/obligor's principal place of employment.
Document Tracking Identifier
OMB No.:0970-0154 Form EN-028 06/12
Service Type M Worker ID$IATT
❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in /
accordance with 42 USC§666(b)(5)and (b)(6)or Tribal Payee (see Payments to SDU below). If payment is not
directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to
the sender.
Signature of Judge/Issuing Official (if required by State or Tribal law): •
Print Name of Judge/Issuing Official: Edward . z.S u :.
Title of Judge/Issuing Official:
Date of Signature: OCT 2 d 2013
If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this IWO
must be provided to the employee/obligor.
❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor.
ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS
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.
State-specific contact and withholding information can be found on the Federal Employer Services website located at:
http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map.htm
Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42
§666(b)(7)). If a Federal tax levy is in effect, please notify the sender.
Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from
more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/
obligor's portion of the payment.
Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a
Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial
party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent
by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was
issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form.
Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the
amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if
applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement
the withholding and forward the support payments.
Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to
Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current
support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal
place of employment to determine the appropriate allocation method.
Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this
employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to
report and/or withhold lump sum payments.
Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the
employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and
any penalties set by State or Tribal law/procedure.
Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO.
OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use.
Form EN-028 06/12
Service Type M Page 2 of 3 Worker ID $IATT
ti
•
Employer's Name: WOLF PAK TRANSPORT LLC Employer FEIN: 020602920
Employee/Obligor's Name: THOMPSON, PHILLIP H. 8494102315
CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information)
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/obligor's principal place of
employment(see REMITTANCE INFORMATION). 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,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State
or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in
this section.
For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income
withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which
the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)).
Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in
determining disposable income and applying appropriate withholding limits.
Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the
Employer should calculate the CCPA limit using the lower percentage.
Additional Information:
NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are
no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by
returning this form to the address listed in the Contact Information below: 0206029200
Q This person has never worked for this employer nor received periodic income.
Q This person no longer works for this employer nor receives periodic income.
Please provide the following information for the employee/obligor:
Termination date: Last known phone number:
Last known address:
Final Payment Date To SDU/Tribal Payee: Final Payment Amount:
New Employer's Name:
New Employer's Address:
CONTACT INFORMATION:
To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name)
by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us.
Send termination/income status notice and other correspondence to:DOMESTIC RELATIONS SECTION, 13 N, HANOVER ST.
P.O. BOX 320. CARLISLE. PA. 17013(Issuer address).
To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name)
by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us.
IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor.
OMB No.:0970-0154 Form EN-028 06/12
Service Type M Page 3 of 3 Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: THOMPSON, PHILLIP H.
PACSES Case Number 331111892 PACSES Case Number
Plaintiff Name Plaintiff Name
EMILY E.THOMPSON
Docket Attachment Amount Docket Attachment Amount
10-3570 CIVIL $ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount Docket Attachment Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
PACSES Case Number PACSES Case Number
Plaintiff Name Plaintiff Name
Docket Attachment Amount Docket Attachment Amount
$ 0.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
Addendum Form EN-028 06/12
Service Type M OMB No.:0970-0154 Worker ID $IATT
.. ».*3w;ae!.c�:.s .4'a�,?�;.s �.s-.::.ari .. '?-�' _ �. s.<-+`.i-sae.::.,,, �... ::. «r a aat•.-,ate-�-��.��.�-nr .h.w nk.�.. � ,...
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION- DIVORCE
EMILY E.THOMPSON, IN DIVORCE
Defendant/Petitioner PACSES Case No: 331111892
Gm,
sue ...
AMENDED ORDER OF COURT r- r`' '.
AND NOW to wit, on this 29th day of October, 2013, it is hereby Ordered that , r-~
Alimony Pendente Lite order is terminated, without prejudice, effective October 23, 2013
pursuant to the parties' Marital Settlement Agreement.
There is a remaining balance of$38.53 owed to the Petitioner and will be paid off with
current income withholding order. The Respondent will be refunded any difference.
This order is to correct the caption of the October 25, 2013 order.
This Order shall become final twenty (20) days after the mailing of the notices of
the entry of the Order to the parties unless either party files a written demand with the
Office of the Prothonotary for a hearing de novo before the Court.
BY T• OURT:
Edward E. Guido, J.
DRO: R.J. Shadday
xc: Petitioner
Respondent
Hubert X. Gilroy, Esq.
Michael A. Scherer, Esq.
Form 0E-001
Service Type:M Worker:21005
F.\FILES\Clients\14661 Thom son\14661,LCertification of Att s Fees,w d t.. l_ •'`:_ f< `
Created: 6/I/06 8 50A . ##"t �
Revised: 11/22/13 2 ^)
:45PM I (!t. f �'tt,THTH,' I'.
2013 NOV 25 PH ! 42
Hubert X. Gilroy, Esquire
I.D. 29943 CUMBERLAND "OU�JT'I,
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER PENNSYLVANIA
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff COUNTY, PENNSYLVANIA
V. NO. 2010-3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
CERTIFICATION OF ATTORNEY'S FEES
1. Defendant in the above matter asserts that the conduct of the Plaintiff in this case
relative to resolving the issues on personal property justify an award of attorney's fees to Defendant
pursuant to 42 PA.C.S.A. Section 2503.
2. The undersigned certifies that the fee engagement Martson Law Offices has with
Defendant, Emily Thompson,provides for compensation at an hourly rate of$250.00 per hour,and
the undersigned further certified that fees incurred by Mrs.Thompson in preparation and attendance
at the November 21, 2013, Divorce Master's hearing involved three hours at $250.00 per hour for
a total fee of$750.00.
MARTSON LAW OFFICES
By
Hu ert X. Gil2eet, Esquire
10 East High
Carlisle, PA 17013
(717) 243-3341
Date: November Jz ' 2013 Attorneys for Plaintiff
C
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2010- 3570 CIVIL TERM
EMILY E. THOMPSON, CIVIL ACTION-LAW
Defendant IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
In accordance with the agreement of the parties dated August 22, 2013, this order
disposes of all or a portion of the Participant's benefit in the Central Pennsylvania
Teamsters Retirement Income Plan 1987 (the "Plan).
1. Participant Information:
Name: Phillip H. Thompson
Address: 903 Forge Road
Carlisle, Pennsylvania 17015 MM °
UI r- i 0i
*Social Security No.: �� �` °
2. Alternate Payee Information: ter,
Name: Emily E. Thompson `
Address: 210 Overfield Drive
Carlisle, Pennsylvania 17015
Social Security No.:
3. Date of Marriage and Separation/Divorce: The Participant and the Alternate
Payee were married on March 10, 2006, and were divorced on August 29, 2013.
4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby
assigned a portion of the Participant's account balance under the Plan. The Fund
is to make payment of the Alternate Payee's benefits directly to the Alternate
Payee.
5. Method of Dividing Participant's Benefits: The Plan shall pay to the Alternative
Payee a portion of the Participant's vested accrued benefit under the Plan.
When identifying the benefits to be awarded to the Alternate Payee, the
parties may designate either:
(a) A specific dollar amount;
(b) A percentage; or
(c) An amount determined using a formula.
If either a percentage or formula is used, the parties must indicate a date as
of which the percentage or formula is determined. Check one of the following
options and complete the applicable blank, or select an alternative method that the
Plan Administrator can calculate based on information that it possesses.
® The Alternate Payee shall receive Thirty thousand dollars ($ 30.000.00).
or
The Alternate Payee shall receive a benefit equal to percent of the
Participant's vested account balance as of If a date other
than a Plan valuation date is chosen, the Fund will calculate the Alternate
Payee's benefit using the Plan valuation date closest to the date selected by
the parties.
or
❑ The benefit payable to the Alternate Payee shall be determined by
multiplying percent of the Participant's vested accrued benefit by a
fraction, the numerator of which is [the number of months from the date
the Participant commenced participation in the Plan or the date of the
parties'marriage, to the date of the parties'separation/divorce]and the
denominator of which is [the number of months the Participant
participated in the Plan until the date of the Participant's retirement or
the date the Alternate Payee receives her benefit, if earlier].
The Fund shall separately account for the benefits awarded in this Section
as soon as administratively possible after the Order is determined to be a qualified
domestic relations order If section 1. B is elected, the Alternate Payee shall be
credited with net income, loss or expense from the date set forth above until the
date the Alternate Payee receives the awarded benefits. If either section 1.A or 1.0
is elected, check one of the following options and complete the applicable blank;
® The Alternate Payee shall be credited with net income, loss or expense from
August 22, 2013 until the date the Alternate Payee receives the awarded
benefits.
6. Form of Payment: The Alternate Payee may elect to receive payment from the
Plan in any form in which benefits may be. paid under the Plan to the Participant
(other than in the form of a joint and survivor annuity).
7. Beneficiary: The Alternate Payee may select a beneficiary to receive her benefits
by filing a beneficiary designation form with the Fund Office. In the event the
Alternate Payee should die prior to receiving all of the assigned benefits, the Plan
shall pay the benefits to the beneficiary selected by the Alternate Payee on a
beneficiary form provided by the Fund Office, or if no beneficiary is selected, to the
Alternate Payee's estate.
8. Date of Payment: The Alternate Payee may elect to receive payment from the
Plan at the Participant's earliest retirement age, or, if earlier, at the earliest date
permitted under the Plan. For purposes of this paragraph, the Participant's earliest
retirement age means the earlier of:
(a) the date on which the Participant is entitled to a distribution under the Plan;
or
(b) the later of either:
(i) the date the Participant attains age 50; or
(ii) the earliest date on whoch the Participant could begin receiving
benefits under the Plan if the Participant separated from service.
Generally, the Participant's earliest retirement age is 57. However, a
Participant with 20 Years of Service may separate from service and receive benefits
at age 55. A Participant with 30 Years of Service may separate from service and
retire at any age.
9. Construction: This order is not intended, and shall not be construed in such a
manner as, to require the Plan Administrator:
(a) to provide any form of benefit option not otherwise provided under the terms
of the Plan;
(b) to require the Plan to provide increased benefits determined on the basis of
actuarial value; or
(c) to require the payment of any benefits to the Alternate Payee under another
order which previously was deemed to be a Qualified Domestic Relations
Order.
10. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee
and not the Participant shall be treated as the distributee of all benefits made by the
Plan to the Alternate Payee pursuant to this order. The Fund will issue a Form
1099-R to the Alternate Payee with respect to each calendar year in which the
Alternate Payee received benefits and will report such income to the IRS under the
Alternate Payee's name and Social Security Number.
11. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to
amend the order if necessary to establish or maintain its qualification as a Qualified
Domestic Relations Order under applicable law.
12. Qualification: The Order is intended to constitute a qualified domestic relations
order within the meaning of Section 414(p) of the Internal revenue Code of 1986.
as amended, and Section 206(d) of the Employee Retirement Income Security Act
of 1974, as amended, and shall be interpreted in a manner consistent with such
intention.
So ORDERED, this day of 2013.
Albert Masl nd, Ju ge
Philli H hompson
ol 4
ichael A. Scherer, Esq.
ompson l / �-C�
044Y /n.
Hube Gilroy .
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
. NO. 10 - 3570 CIVIL
EMILY E. THOMPSON,
Defendant IN DIVORCE
NOTICE OF FILING MASTER'S REPORT
The report of the Master has been filed this date and
copies have been sent with this notice to counsel of record and
the parties .
In accordance with P.R. C.P. 1920 . 55 within twenty (20)
days after the mailing of this notice and report exceptions may
be filed to the report by any party. If no exceptions are
filed within the twenty (20) day period, the Court shall
receive the report, and if approved, shall enter a final decree
in accordance with the recommendations contained in the report.
Le:3,22,>4.
Date: 12/11/13 E. Robert Elicker, II
Divorce Master
NOTE: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master' s office. At
that time, the party filing the exceptions should
notify the court reporter in the Master' s office so
arrangements can be made for a transcript. Upon
``�' r ,completion
the entire file will transcript
willbere receipt of payment,
returned to the
- , 8: L-' Prothonotary' s office for transmittal to the Court at
=stime of argument on the exceptions .
--
<>"
— cn
tjj
enuJIf no exceptions are filed, counsel shall prepare an
of Court consistent with the recommendations
L' and provide a proposed order of Court to the Master.
Counsel shall also prepare and provide with the
proposed order of Court a praecipe* to the
Prothonotary directing the Prothonotary to submit the
case to the Court for final disposition. The Master
will then transfer the file with the proposed order
of Court and praecipe to the Prothonotary' s Office
for docketing and transmittal by the Prothonotary to
the Court.
* Form available in the Prothonotary' s office and the
Master' s office. (NOT the praecipe to transmit the
record form as set out in P.R.C. P. 1920 . 73 (b) . )
n w
cln 1341` . ,..
PHILLIP H. THOMPSON, : IN THE COURT26PP MMOl 'PLEA
Plaintiff : CUMBERLANInQIEDM ;` iLNANIA
PENNSYLVANIA
vs. : CIVIL ACTION—LAW
: NO. 2010-3570
EMILY E. THOMPSON,
Defendant : IN DIVORCE
MASTER'S REPORT
This case comes before the Master solely on the task of resolving tangible personal
property issues. The parties had entered into a comprehensive property settlement agreement
dated August 22, 2013 (Agreement) which at Section 11 reserved for consideration by the
Master resolution of personal property issues if the parties could not resolve those issues
themselves.
The Master conducted a hearing on November 21, 2013. At the hearing, Husband,
Phillip H. Thompson (Husband), was present with his counsel Michael A. Scherer, and Wife,
Emily E. Thompson (Wife), was present with her counsel, Hubert X. Gilroy. Both Husband and
Wife testified and both parties submitted exhibits to the Master.
Wife stated on the record that she did not desire that Husband return any personal
property to her, and Wife's testimony was such that she felt Husband received more value in
personal property than Wife and, therefore, Wife's position was that she should not be directed
to account to Husband for any personal property in kind or in value. Essentially, Wife wanted to
retain the status quo and requested the Court leave the parties as they are.
Husband presented testimony and a list of personal property suggesting that he wanted
Wife to return certain items to him or, in the alternative, compensate him in value for those
items. Unlike Wife, who submitted a number of exhibits showing items of personal property that
Husband retained along with estimated values, Husband's testimony and exhibits merely claimed
items of property that he felt should be returned to him by Wife even though some of the items
wife said she never had.
It was clear from the testimony and the exhibits presented at the hearing that the Husband
did not meet his burden of proof to show that he was entitled to return of any specific items of
personal property based upon personal or sentimental reasons, nor did Husband meet his burden
of proof to demonstrate that he was entitled to be reimbursed by Wife any monies based upon the
amount of personal property Wife retained as compared to the amount of personal property
Husband retained.
Further, the lists of exhibits of both parties were so conflicting as to items and values that
the Master finds it impossible to make any definitive judgment about the transfer or value of
items from one party to the other either in kind or in monetary value. Therefore, wife's position,
as previously stated, made the most legal and common sense to the Master.
Based upon the foregoing, the RECOMMENDATION of the Master is that neither
party is awarded any monetary payment relating to personal property claims between the parties
and neither party is directed to return any personal property to the other party. Both parties shall
retain items of personal property in their possession which constituted marital property.
No further action is required by the Master, and the Master relinquishes jurisdiction.'
Dated: December 11, 2013
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
(717)240-6535
'It is noted that the Wife asserted a claim for attorney's fees against the Husband pursuant to 42
Pa.C.S.A. Section 2503. Wife claimed Husband's actions in pursuing a personal property claim
were merely vexatious and obdurate and designed only to harass Wife and increase her attorney's
fees bill. The Master does not recommend any award of attorney's fees based upon the
proceedings to date, but notes that the Court, after its own evaluation, could determine that
Husband should pay Wife's attorney's fees in the event Husband appeals the Recommendation of
the Master in this matter.
Hubert X. Gilroy, Esquire THE. , " e; C 9 `{ C,.;1 i 0
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES Ltd � PR !14 PM 3:
I.D. 29943 C,:.1MBERL \NI) COUH i `t
10 East High Street 'E N' 5 LVAN1M
Carlisle, PA 17013
(717) 243 -3341
Attorneys for Defendant
PHILLIP H. THOMPSON, IN THE COURT OF COMMON PLEAS
Plaintiff COUNTY, PENNSYLVANIA
v. NO. 2010 -3570
EMILY E. THOMPSON,
Defendant IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Defendant in the above matter, Emily E. Thompson, after the
entry of a Final Decree in Divorce dated August 29, 2013, hereby elects to resume the prior
surname of Brown, and gives this written notice avowing her intention pursuant to the provisions
of 54 P.S. 704.
Date: F '-pr, 1 9 , 2014
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On the day of .J,LJ , 2014, before me, the undersigned officer, personally
appeared the above affia own to me to be the person whose name is subscribed to the within
document and acknowledged that she executed the foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Shelly Taylor, Notary Public
Carlisle Boro, Cumberland County
t•ly Commission Expires Aug. 5, 2017
PENNSYLVANIA ASSOCIATION OF NOTA ";E_
t , OO pet .4
e44 Nile #14661.1.