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HomeMy WebLinkAbout10-3807JUSTIN MOUNTZ, IN THE COURT OF COMMON PLEA OE '? Plaintiff I`1VA1A CUMBERLAND COUNTY, PENNS4( CIVIL ACTION LAW V. KELLI JO MOUNTZ, E- if 7 Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 35.E . .39/. S'D r?1,a k; ? ,-?- V- JUSTIN MOUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. No. KELLI JO MOUNTZ, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Justin Mountz , who currently resides at 50 North Garfield, Road, Mohrsville, Pennsylvania, since 2004. 2. Defendant is Kelli Jo Mountz, who currently resides at 63 Red Tank Road, Cumberland County, Boiling Springs, Pennsylvania, since 2004. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on June 8, 2002, in Fleetwood, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff requests the Court to enter a Decree in Divorce. II. EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated herein by reference as if set forth in their full text. 11. Plaintiff and Defendant are joint owners of various items of personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution. 12. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: &-1v By: ?__.. Vincent M. Monfredo, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 Supreme Court I.D. #206671 (717) 241-6070 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: Justi ountz, Plaintiff JUSTIN MOUNTZ, Plaintiff V. KELLI JO MOUNTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 10-3807 IN DIVORCE 4 ORDER OF COURT AND NOW, this b day of , 2010, upon consideration of the within Emergency Petition for Special Relief, a hearing will be held on the fr d / of 2010, at U, O'clock A m. in Courtroom #/ at the Cumberland County Courthouse in Carlisle, Pennsylvania. By the Court: J. Distribution: 'Vincent M. Monfredo, Esquire v Kelli Jo Mountz N (1 c? ' ter i ANSWER AND COUNTERCLAIM ANSWER TO COMPLAINT NOW COMES the Defendant, KELLI JO MOUNTZ, by and through her Attorney, Charles E. Petrie, and respectfully answers Plaintiff's Complaint in Divorce as follows: 1. Admitted. 2. Admitted. 3. Admitted. ~ c ~ :. ~ y ~, , 4. Admitted. ,~ r -~- ~ ~' ~--. 5. Admitted. "` - ' _ ~ 'r, i ~ + ~- ;" :~.~, 6. Admitted. ,~ ~-~ y„ 'r-, , i ~^ , i;9 7. No responsive pleading required. ~al 8. Admitted. 9. No responsive pleading required. `7Q. D~ Po( `~ ~~ ~~ ~~ JUSTIN MOUNTZ, vs. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NUMBER: 10-3807 CIVIL IN DIVORCE KELLI JO MOUNTZ, Defendant COUNTERCLAIM COUNT I REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702, aad §3704 OF THE DIVORCE CODE 10. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 11. Defendant is unable to sustain herself during the course of litigation. 12. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate full-time employment. 13. Defendant requests the Court to enter an award of spousal support and/ or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to X3704 of the Divorce Code. WHEREFORE, Defendant respectfully requests that Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT II REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §3?02 OF THE DIVORCE CODE 14. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 15. Defendant has retained legal counsel to represent her in this matrimonial cause. 16. Defendant is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 17. Plaintiff is employed or otherwise has income and has the ability to pay Defendant's counsel fees, costs and expenses. 18. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to X3702 of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. Respectfully submitted, CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG, PA 17111 (717) 561-1939 Sup. Ct. ID No.: 29029 ATTORNEY FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~7 2d I U DATE G~ KELLI JO MO NTZ JUSTIN MOUNTZ, vs. KELLI JO MOUNTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NUMBER: 10-3807 CIVIL Defendant IN DIVORCE CERTIFICATE OF SERVICE I certify that on the ~,Z day of July, 2010, I served a copy of the foregoing Answer and Counterclaim upon counsel for the Plaintiff, Vincent M. Monfredo, Esquire, by U.S. Postal Service First Class mail, postage prepaid, addressed to 155 South Hanover Street, Carlisle, PA 17013. Respectfully submitted, ~I~~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Sup. Ct. ID No.: 29029 Attorney for Defendant ,, KELLI J. MOUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION JUSTIN M. MOUNTZ, :PACSES NO. 042111640 Defendant :DOCKET NO. 332 SUPPORT 2010 JUSTIN M. MOUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION KELLI JO MOUNTZ, :PACSES NO. 042 1 1 1 640 DefendantlPetitioner DOCKET NO. 10-3807 CIVIL INTERIM ORDER OF COURT ~'~ ~.., AND NOW, this a~ day of July,. 2010, upon consideration of the Su c - ~, 'r_ Master's Report and Recommendation, acopy of which is attached hereto as E~il~it "~", it -~ ~,?? is ordered and decreed as follows: ~ ~ ~ ~~i -''^ ~" ~ - A. The Husband shall pay to the Pennsylvania State Collection and Disbur~inent 1trt as alimony pendente lite the sum of $600.00 per month. ~~ "or~•~ ~~;`-, -. B. The Wife s complaint for spousal support is dismissed. C. The effective date of this order is July 19, 2010. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR .INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. Cc: Kelli J. Mountz Justin M. Mountz Charles F. Petrie, Esquire For the Plaintiff Vincent M. Monfredo, Esquire For the Defendant DRO/rj s KELLI J. MOUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION JUSTIN M. MOUNTZ, :PACSES NO. 042 1 1 1 640 Defendant DOCKET NO. 332 SUPPORT 2010 JUSTIN M. MOUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION KELLI JO MOUNTZ, :PACSES NO. 042111640 Defendant/Petitioner DOCKET NO. 10-3807 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on July 19, 2010, the following report and recommendation are made: FINDINGS OF FACT 1. The Wife is Kelli J. Mountz, who resides at 63 Red Tank Road, Boiling Springs, Pennsylvania. 2. The Husband is Justin M. Mountz, who resides at 50 North Garfield Road, Mohrsville, Pennsylvania. 3. The parties were married on June 8, 2002. 4. There are no children of the marriage. 5. The parties separated on Apri120, 2010. 6. The Wife continues to occupy the marital residence. 7. On May 5, 2010 the Wife filed a complaint for spousal support. 8. On June 8, 2010 the Husband filed a complaint for divorce. 9: On July 12, 2010 the Wife filed an Answer and Counterclaim containing a claim for alimony pendente lite. EXHIBIT "A" 10. The Wife has elected to forego her claim for spousal support and to proceed on her claim for alimony pendente lite only. 11. The Wife is disabled as a result of several medical problems, particularly cardiac in nature. 12. The Wife receives social security disability benefits in the gross amount of $1,428.00 per month. 13. The Wife receives long-term disability benefits from a prior employer in the amount of $851.00 per month. 14. The Wife was last employed full-time as a registered nurse at Lehigh Valley Hospital. 15. The Wife received nominal income of $607.50 in 2009 for services rendered to the Carlisle Area School District as a substitute nurse. 16. The Wife's tax filing status is married/separate. 17. The marital residence is encumbered by a mortgage with a monthly payment requirement of $2,529.47. 18. The Defendant is employed as an industrial refrigeration technician. 19. The Husband earned $61,528.42 in 2009. 20. The Husband made a $1,300.00 payment on the mortgage on June 29, 2010. DISCUSSION The Wife has elected to forego proceeding on her claim for spousal support and wishes only to proceed on her claim for alimony pendente lite. In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other rte, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this 2 regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, su ra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). In the opinion of this Master, testimony supports an award of alimony pendente lite. The Wife has average gross monthly income from all sources (social security disability benefits, long-term disability, and wages) of $2,330.00. With a tax filing status of married/separate she has net monthly income of $2,254.00. ~ The Husband has gross monthly income of $5,127.00. With a tax filing status of married/separate, he has net monthly income for support purposes of $3,753.00.2 With the incomes as set forth above, the Husband's obligation for alimony pendente lite is $600.00 per. month.3 Because no testimony was presented establishing that the Wife has been paying the mortgage on the home, no adjustment under Pa. R.C.P. 1910.16-6(e) will be made to the support obligation. RECOMMENDATION A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $600.00 per month. B. The Wife's complaint for spousal support is dismissed. ~ See Exhibit "A" for the tax deductions from gross income. z See Exhibit "A" for the tax deductions from gross income. s See Exhibit "B" for the guideline calculation. 3 C. The effective date of this order is July 19, 2010. ~. ~ ~-b t D Date Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Kelli J. Mountr Defendant Name: Justin M. Mountz Docket Number: 10-3807 Civil PACSES Case Number: 042111640 Other State ID Number: Tax Year: Current: 2010 Defendant Plaintiff.... 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Se aratel Married Filing Se aratel 3. Who Claims the Exem tions Obli ee 4. Number of Exemptions 1 1 5. Monthl Taxable Income $5,127.40 $1,478.60 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $475.00 8. Exem tion Amount $304.17 $304.17 9. Income MINUS Deductions and Exem tions $4,348.23 $699.43 10. Tax on Income $768.82 $70.02 11. Child Tax Credit - - 12. Manual Ad'ustments to Taxes - - 13. Federal Income Taxes $768.82 $70.02 13 a. Earned Income Credit - - 14. State Income Taxes $162.03 $1.60 15. FICA Pa ments $392.25 $3.87 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $51.27 $.51 TOTAL Taxes $1 374.37 $76.00 supportc8~c so~o-s-~s EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 ~PACSES .FORMAT) Plaintiff Name: Kelli J. Mountz Defendant Name: Justin M. Mountz Docket Number: 10-3807 Civil PACSES Case Number: 042111640 Other State ID Number: 1.Obli or's Monthl Net Income $3,753.03 2. Less All Other Su ort - 3. Less Obli ee's Monthl Net Income $2,253.60 4. Difference $1,499.43 5. Less Child Support Obligation for Current Case Without Part II Substantial or Shared Custod Ad'ustment - 6. Difference $1,499.43 7. Multi I b 30% or 40% 40.00% 8. Income Available for S ousal Su ort $599.77 9. Ad'ustment for Other Ex enses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $599.77 Pre ared b : mrr Date: 7/19/2010 SupportCa/c 2010-5-12 EXHIBIT "B" KELLI J. MOUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION JUSTIN M. MOUNTZ, :PACSES NO. 042 1 1 1 640 Defendant DOCKET NO. 332 SUPPORT 2010 JUSTIN M. MOUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION KELLI JO MOUNTZ, :PACSES NO. 042111640 DefendantJPetitioner DOCKET NO. 10-3807 CIVIL INDEX OF EXHIBITS Petitioner's Exhibit No. 1 - Social Security Disability benefit ~~ `,~ i Petitioner s Exhibit No. 2 - Income and expense statement ~.. Petitioner's Exhibit No. 3 - 2009 W-2 ""- ~ _. . Respondent's Exhibit No. 1 ~~ _ -Not offered . ` -~`~' Respondent's Exhibit No. 2 - 2009 W-2 ' -~; c:~ ~.~~-, Respondent's Exhibit No. 3 -Money order ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 10-3807 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dirt. Of CUMBERLAND OAmended Order/Notice Date of Order/Notice 07/26/10 OTerminateOrder/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: MOUNTZ , JUSTIN M . Employer/Withholder's federal EIN Number Employee/Obligor's Name (Last, First, MI) 161-52-6345 Employee/Obligor's Social Security Number FES 5239102262 3475 BOARD RD Employee/Obligor's Case Identifier PO BOX 2 3 0 6 (See Addendum for plaintiff names YORK PA 174 0 5 - 2 3 0 6 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o.oo $ $ o.oo o.oo $ 0.00 $ 600.00 $ o.oo $ o.oo $ o.oo per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 600. oo per month to be forwarded to payee below. (~rto _.:, t o 'i7 '~'1 i ' r`: ~ `. ~-_ .y t r' r-- ~ ~_ 3 ~~ -~_ fir;" _~ ~ ~>. ~= 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: $ 138.46 _ per weekly pay period. $ 300. oo per semimonthly pay period $ 276.92 er biweekl (twice a month) p y pay period (every two weeks) $ 600. 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 oayment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case I ~ ratifier) OR SO~AL SfC~ITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL.. / ~ // BY THE COURT: ~,J ~~/~'~> ~/~iY~ ~ f ~ ~ ~ _ 1 c~ L U DRO: R.J. Shadday Service Type M Arrears 12 weeks or greaten J. W(~sley Oler, Jr., Judge OMB No.: 0970-0154 Form EN-028 Rev.5 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If~hecke~l you are required to provide a~opy of this form to your m loyee. If yo r employee works in a state that is di Brent frrom the state that issued this or er, a copy must be provi~edpto your emp~oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 5222019930 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME:MOUNTZ, JUSTIN M. EMPLOYEE'S CASE IDENTIFIER: 5239102262 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligorfr0m employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60°/° of the disposable income if the obligor is not supporting another family.However, that 50% 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 respell to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 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 OMBNo.:0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MOUNTZ, JUSTIN M. PACSES Case Number 042111640 Plaintiff Name KELLI J. MOUNTZ Docket Attachment Amount 10-3807 CIVIL$ 600.00 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.S Worker I D $ IATT JUSTIN MOUNTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. No. 10-3807 KELLI JO MOUNTZ, Defendant IN DIVORCE PETITION FOR CONTEMPT AND NOW, comes Justin Mountz, by and through his counsel, Vincent M. Monfredo, Esquire and in support of his Petition for Contempt avers as follows: 1. A Divorce Complaint was filed on June 8, 2010. 2. An Emergency Petition for Special Relief was filed on June 10, 2010. 3. This Honorable Court entered an Order on June 15, 2010, instructing both parties that C-) (':) no marital property was to be sold. (Attached) -zi. --? rn CD C:z .z m n 4. The property located at 63 Red Tank Road is a working farm and the prop is` vr- .. o Sc? marital property. , .? , 5. The Defendant was residing in the marital property. 6. Most if not all of the marital property is missing. 7. Plaintiff did not consent to its removal. 8. It is not known where the property is or if it has been sold. 9. Defendant should be held in contempt by this Honorable Court for selling the personal property and pay reasonable attorney's fees of $500.00 for the filing of this motion and attending a hearing. fj? .'` 7b fib IM71kwIG WHEREFORE, Plaintiff respectfully requests that this Honorable Court order a hearing on the matter. Date: lZ ' f- 1 a Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff JUSTIN MOUNTZ, Plaintiff V. KELLI JO MOUNTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 10-3807 IN DIVORCE CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Petition for Contemp upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Charles H. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Respectfully submitted, ROMINGER & ASSOCIATES Dated: l 2'' ? -",b Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: q - / O 4*n?/?Mlt%z, aintiff JUSTIN MOUNTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION LAW NO. 10-3807 KELLI JO MOUNTZ, Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 15th day of June, 2010, after conference with the parties, it is hereby ORDERED AND DIRECTED as follows: 1. Wife shall have the authority to dispose of the donkeys on whatever terms she sees fit. 2. Both parties are prohibited from selling or disposing of any other marital property without the consent of the other party or order of this Court,__, Vincent M. Monfredo, Esquire For the Plaintiff Kelli Jo Moutnz, Pro Se 63 Red Tank Road Boiling Springs, PA 17007 :mlc s ? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KELL I J. MOUNTZ ) Docket Number 10-3807 CIVIL Petitioner ) VS. ) PACSES Case Number 042111640 JUSTIN M. MOUNTZ ) Respondent ) Other State ID Number rv r. PETITION FOR MODIFICATION - < o ' o OF AN EXISTING SUPPORT ORDER < t - Mca 0 Z- c rv 'Z) 1. The petition of JUSTIN M. MOUNTZ respectfully represents that on JULY 2 6, 2 010 , an Order of Court was entered for the support of KELLI J. MOUNTZ A true and correct copy of the order is attached to this petition. Form OM-501 Service Type M Worker ID 21202 MOUNTZ V. MOUNTZ PACSES Case Number: 042111640 2. Petitioner is entitled to 0 increase decrease 0 termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: c c, -F- .? c v a c-k- Fo-`c<f- 1-4j?0 Sew e c -e WHEREFORE, Petitioner requests that the Court modify the existing order for support. /tietio-ner?: Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. lo? ^ Q -/' o Date Service Type M Petit' er Page 2 of 2 Form OM-501 Worker ID 21202 JUSTIN M. MOUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNS& LVANI* C: C= VS. CIVIL ACTION - DIVORCE rrl' M • C-) rn ..p NO. 10-3807 CIVIL TERM KELLI J. MOUNTZ, IN DIVORCE < z Defendant/Petitioner PACSES CASE: 042111640 x =? N ORDER OF COURT AND NOW, this 9th day of December 2010, a petition has been filed against you, Kelli J. Mountz, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on January 4.2011 at 10:30 A.M for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Charles E. Petrie, Esq. Vincent M. Monfredo, Esq. Date of Order: December 9.2010 BY THE COURT, ,sley Oler, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATAND 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 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 10-3807 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice CO./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 12/13/10 OTerminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE:MOUNTZ, JUSTIN M. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 161-52-6345 Employee/Obligor's Social Security Number FES 5239102262 3475 BOARD RD Employee/Obligor's Case Identifier PO BOX 2306 (See Addendum for plaintiff names YORK PA 17405-2306 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'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support N r; $ 0.00 per month in past-due child support Arrears 12 weeks or greater? 9nonj 001 -i $ 0.00 per month in current medical support mcv := C7 -j -,.? $ 0.00 per month in past-due medical support ? 7'r- $ o . oo per month in current spousal support - -r 7l ;43 CZ) $ o . oo per month in past-due spousal support I- A v t $ 0.00 per month for genetic test costs -0 X o $ o . oo per month in other (specify)cll? $ one-time lump sum payment `- w ? r? C) .; --q for a total of $ o . oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0. 00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). 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 DEFENDA 'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identi?ier? R SOC/ ECURJ,?Y NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. • • , ?j? BY THE COURT: Q - IWL-y 'Or 0,0 1( 11 J. Wer Olsr, Jr Judge R[?? Form EN-028 Rev.5 t? "5?111icMPAP y OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ei Ifiheckefl you are required to pTvide a jopy of this form to yomuloyee. If yoyr employee works in a state that is di erent from the state that issue this o er, a copy must be provi to your emp oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 5222019930 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:MOUNTZ, JUSTIN M. EMPLOYEE'S CASE IDENTIFIER: 5239102262 DATE OF SEPARA LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT 'r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MouNTz, JUSTIN M. PACSES Case Number 042111640 Plaintiff Name KELLI J. MOUNTZ Docket Attachment Amount 10-3807 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker I D $ IATT DEC 13 2010 JUSTIN MOUNTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. No. 10-3807 KELLI JO MOUNTZ, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of , 2010, upon consideration of the within Petition for Contempt a hearing will be held on the 3 0e day of 201 at It'4Jo'clock A m. in Co om #3 at the Cumberland County Courthouse in Carlisle, Pennsylvania. By the Co J. Distribution: Vincent M. Monfredo, Esquire --' Charles E. Petrie, Esquire ?.C? iES rI'i? t ?? J? f a c? c v C-1 N f'??7 3J In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: JUSTIN M. MOUNTZ Member ID Number: 5239102262 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Attachment Amount/Frequency Plaintiff Name Case Number Number KELLI J. MOUNTZ 042111640 10-3807 CIVIL $ 600.00 MONTH / $ / La ? # CC) / t- C; ta...,-?,,. G] C:) t _. TOTAL ATTACHMENT AMOUNT: $ 600.00 c> tT --r t? ?y CV ?o t/3 UJ Q_ C-) ts.= Ny Order of this Court, the Department of Labor and Industry, Office of Unemployment om isadan Benefits (OUCB), is hereby directed to attach the lesser of $ 138.08 c.~: `per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JUSTIN M. MOUNTZ Social Security Number XXX-XX- 6345 , Member ID Number 5239102262 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 12, 2010 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: 1? r.-f, IL& 2 O 10 DRO: R. J. SHADDAY Form EN-530 Rev.2 Service Type M Worker ID $ IATT JUSTIN MOUNTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION LAW : NO. 10-3807 KELLI JO MOUNTZ, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 3rd day of January, 2011, upon motion of the Plaintiff, the Petition For Contempt is withdrawn. By the rt, Edward E. Guido, J. ?Vincent M. Monfredo, Esquire For the Plaintiff ?Charles E. Petrie, Esquire For the Defendant :mlc Copies lY 16111 1 Lam' M r ? n D y C C +c, 71 tD -ry =C_ 'IC'J r JUSTIN M. MOUNTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 10-3807 CIVIL TERM : -- r KELLI JO MOUNTZ, IN DIVORCE --- Defendant/Petitioner PACSES CASE: 042111640°= ORDER OF COURT -- • rv AND NOW, this 7th day of January, 2011, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,316.96 and the Respondent's monthly net income/earning capacity is $ 2,234.87, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Five Hundred and 00/100 Dollars ($ 500.00) per month payable bi-weekly as follows: $ 500.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is January 11, 2011. Arrears set at $ 269.58 as of January 7, 2011. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Kelli Jo Mountz. 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 a 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 31St 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 [] 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: The Petitioner is to maintain her own medical insurance coverage through the Respondent's COBRA plan. This Order is based upon an offer of the Respondent in order that the Petitioner can purchase medical and dental insurance coverage through a COBRA plan since the lay off of the Respondent. Otherwise, there would be no monetary support amount pursuant to the Respondent being laid off from his employment and the Pennsylvania State guideline calculations. 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: JAN 10 2011 Petitioner Respondent Charles E. Petrie, Esq. Vincent M. Monfredo, Esq. DRO: R.J. Shadday BY T14F, COT 1RT 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: JUSTIN M. MOUNTZ Member ID Number: 5239102262 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Attachment Amount/Frequency Plaintiff Name Case Number Number RF,LLI J MOUNTZ 042111640 10-3807 CIVIL $ 500.00 MONTH e st :.., CT 7 ?. $ / z3 ?rx.. $ U- .%: M / C:) I . TOTAL ATTACHMENT AMOUNT: $ 500.00 - No by Order of this Court, the Department of Labor and Industry, Office of Unemployment C.: Compensation Benefits (OUCB), is hereby directed to attach the lesser of $115.0 7 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, JUSTIN M. MOUNTZ Social Security Number XXX-XX-6345 , Member ID Number 523 9102262 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. BY THE COURT If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated DECEMBER 12, 2 010 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: 12-- 26,11 Service Type M Worker ID $IATT V Form EN-034 Rev.2 ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania Co./City/Dist. of: CUMBERLAND Date of Order/Notice: 02/17/11 Case Number (See A en um for case summary) Employer/VVithholder's Federal EIN Number REFRIGERATION DESIGN & SERVICE 14 UNION HILL RD CONSHOHOCKEN PA 19428 RE: MOUNTZ, JUSTIN_ M. 10-3807 CIVIL @ Original Order/Notice 0 Amended Order/Notice 0 Terminate Order/Notice 0 One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 161-52-6345 Employee/Obligors Social ecunty um er 5239102262 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 Arrears 12 weeks or greater? 0 yes p no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical supporter $ 500.00 per month in current spousal support $ 0.00 per month in past-due spousal support ira n $ 0.00 per month for genetic test costs- -r, $ 0.00 per month in other (specify) $ one-time lump sum payment -_4c 3 for a total of $ 500.00 per month to be forwarded to payee below.;; , 4 EV f, You do not have to vary your pay cycle to be in compliance with the support order. If your pay cyclooei aot snatch the ordered support payment cycle, use the following to determine how much to withhold: $ 1 5 38 per weekly pay period. $ 250.00 per semimonthly pay period (twice a month) $ 230-77- per biweekly pay period (every two weeks) $ 500.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obl'gor's ase Ident?fi ORS L SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASP 19Y{OAI?. Z? C BY THE COURT: DRO: R.J. Shadday Service Type M J. Wesl?i Oler, Jr., Judge OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] if checked you are required to provide a copy of this form to your employee. if your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.`' Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.' Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2322554890 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR. Q EMPLOYEE'S/OBLIGOR'S NAME: MOUNTZ, JUSTIN M. EMPLOYEE'S CASE IDENTIFIER: 5239102262 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: `NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MOUNTZ, JUSTIN M. PACSES Case Number 042111640 PACSES Case Number Plaintiff Name Plaintiff Name KELLI J. MOUNTZ Docket Attachment Amount Docket Attachment Amount 10-3807 CIVIL $ 500.00 $ 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 Docke Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docke 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 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: JUSTIN M. MOUNTZ Member ID Number: 5239102262 Please note: All correspondence must include the Member ID Number. ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BEWITS.3 Plaintiff Name KELLI J. MOUNTZ Financial Break Down of Multiple Cases on Attachment PACSES Docket Case Number Number 042111640 10-3807 CIVIL _a 4: - Attachment Amount/Frequency 500.00 / MONTH TOTAL ATTACHMENT AMOUNT: $ 500.00 The prior Order of this Court directing the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), to attach $115.06 or 50% per week of the Unemployment Compensation benefits of JUSTIN M. MOUNTZ, Social Security Number XXX -XX -6345, Member ID Number 5239102262 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: DEC 1 1 2n4 Service Type M Thomas A. Placey JUDGE Form EN -035 Worker ID $IATT Bueff Trothonotary Office ~thT*,th{>notnrn � � -"rk-.~—'-o` —~Q Solicitor 10 -3.807 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF iNTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH BYTHE COURT, DAVID D. BUELL One Courthouse Square Suite100 e Carlisre, TA 0 Tfione 717 240-6195 0 Toc717 240-6573