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HomeMy WebLinkAbout04-5339REAGER & ADLER, PC BY:DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS M. WALLACE IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. C~ ~ - ~ 3 3 9 Cu,~-P ~i^-- NICKOLA K. WALLACE :CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe 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 ruts 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO N7ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 I-800-990-9108 REAGER & ADLER, PC BY:DEBRA DENI50N CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hffi, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS M. WALLACE Plaintiff, v. NICKOLA K. WALLACE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE AVISO PARR DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debaz tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisiGn puede tambiEn ser emifida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o o[ros derechos importantes pars usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonao, usted puede solicitaz consejo matrimonial. Una ]ista de consejeros matrimorriales est4 disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOC:ADO U OTROS GA5T05 ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARR AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Mazket Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff THOMAS M. WALLACE IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. U 4- S 3 3 q '~iti.,Q Tw~- NICKOLA K. WALLACE :CIVIL ACTION -LAW Defendant IN DNORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Thomas M. Wallace, an adult individual who currently resides at 2006 Carlisle Road, Catnp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Nickola K. Wallace, an adult individual who currently resides at 94 Old Stonehouse Road, Carlisle, Cumberland County, Pemasylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on Mazch 17, 1984 in New Cumberland, York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. Plaintiff avers that there aze two children of this marriage under the age of eighteen years, namely Haley Nicole Wallace, born July 1, 1988, and Andrea E. Wallace, born March 12, 1991. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) yeazs from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs one (11 through eleven (11) of this Complaint are incorporated hereur by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their mazriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT II CUSTODY 16. Paragraphs one (1) through fifteen (15) of this Complaint are incorporated herein by reference. 17. Plaintiff is Thomas M. Wallace, residmg at 2006 Cazlisle Road, Camp Hill, Pennsylvania 17011. 18. Defendant is Nickola K. Wallace, residmg at 94 Old Stonehouse Road, Cazlisle, Pennsylvania 17013. 19. Plaintiff seeks shared physical custody of the following children: Name Present Address Date-of--Birth Haley Nichole Wallace 94 Old Stonehouse Road July 1, 1988 Carlisle, PA 17013 Andrea E. Wallace 94 Old Stonehouse Road March 12, 1991 Carlisle, PA 17013 20. The children were born in wedlock. The children are presently in the custody of Defendant, residing at 94 Old Stonehouse Road, Carlisle, PA 17013. 21. During the past five (5) years, the children have resided with the following persons at the following address: Name Address Dates Nickola K. Wallace 94 Old Stonehouse Road 9/99 -present Carlisle, PA 17013 Thomas Wallace 94 Old Stonehouse Road 9/99 -Date of Carlisle, PA 17013 separation 22. The mother of the children is currently residing at 94 Old Stonehouse Road, Carlisle, Pennsylvania. She is married. 23. The father of the children is currently residing at 2006 Carlisle Road, Camp Hill, PA 17011. He is married. 24. The relationship of Plaintiff to the children is that of Father. Plaintiff currently resides with the following persarr(s): Name Relationship Himself Alberta Marie Wallace Mother 25. The relationship of Defendant to the children is that of Mother. Defendant currently resides with the following person(s): Name Relationship Haley Nicole Wallace Daughter Andrea E. Wallace Daughter 26. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 27. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 28. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 29. The best interest and permanent welfare of the children will be served by granting Plaintiff shared legal and physical custody. 30. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant him shazed legal and physical custody of the parties' minor children. Respectfully submitted, REAGER & ADLER, PC Dated: \ ~ ~2 t ~D t.~- / ~~ D ~ mson antor, Esquire ttotne~3-.H. 0. 66378 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, THOMAS M. WALLACE, verify that the statements made in this Complaint are true and correct to the best of my knowledge, infom~ation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: /O -070 -O~ / /.t5~~''`' ~i"~ Thomas M. Wallace v. ~' U~ ~, u ~.~ ~-, ~.. r r ~. '1 ~~. t ~' ~1 ~. r ~.l ~` ~~` THOMAS M. WALLACE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0.04-5339 CIVIL TERM NICKOLA K. WALLACE, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA 17013 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, Pennsylvania 17013 Telephone: 717-249-3166 Way squire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Attorney for Plaintiff Carlisle, Pennsylvania 17013 ne F~e E THOMAS M. WALLACE, - : TN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0.04-5339 CIVIL TERM NICKOLA K. WALLACE, Defendant : IN DIVORCE ANSWER WITH COUNTERCLAIM 1. Admitted upon information and belief. 2. - 7. Admitted. 8. The averments of ¶8 of the Complaint are denied. On the contrary, Defendant avers that the marriage has been impacted by Plaintiff s adulterous relationship. 9. Admitted upon information and belief. 10. The averments' of ¶10 of the Complaint, being within the exclusive knowledge of Plaintiff, are denied and proof thereof is demanded. 11. WArtvE F. SHADE The averments' of ¶11 of the Complaint, being within the exclusive knowledge of Attorney at Law 53 West Pomfret S[reet Carlisle, Pennsylvania Plaintiff, are denied and proof thereof is demanded. 17013 WHEREOF, Defendant respectfully requests that the Complaint be dismissed and that judgment be entered in favor of Defendant and against Plaintiff. COUNTI EQUITABLE DISTRIBUTION 12. The averments' of ¶12 of the Complaint, being at issue, no further response is required. 13. - 15. Admitted. By way of further response, Defendant avers that this matter is not ripe for equitable distribution until Plaintiff has grounds for divorce. WHEREFORE, Defendant respectfully requests that the Complaint be dismissed and that judgment be entered in favor of Defendant and against Plaintiff. COUNT II CUSTODY 16. The averments' of ¶16 of the Complaint, being at issue, no further response is required. 17. Admitted upon information and belief. WAYNE F. SHADE Attorney at Iaw S3 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 18. Admitted. 19. It is admitted that Plaintiff seeks shared physical custody of the children, but it is denied that shared physical custody is appropriate in this case. On the contrary, Defendant avers that the best interests and general welfare of the children require confirmation of primarS~ physical custody in Defendant. 20. - 22. Admitted. 23. - 24. Admitted upon information and belief. 25. Admitted. By way of further response, Defendant avers that the primary residence of the adult son of the parties, Nathan Andrew Wallace, is also with Defendant. 26. - 28. Admitted upon information and belief. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- 29. The averments of ¶29 of the Complaint are denied. On the contrary, Defendant avers that the best interests and general welfare of the children require confirmation of primary physical custody in Defendant. 30. Admitted. WHEREFORE, Defendant respectfully requests that the Complaint be dismissed and that judgment be entered in favor of Defendant and against Plaintiff. COUNTERCLAIM COUNTI 31. The averments of ¶¶1, 2 and 4 of the Complaint are incorporated herein by reference as though fully set forth. COUNT II ALIMONY AND ALIMONY PENDENTE LITE 32. The net earnings of Plaintiff are at least $16,000 per month. 33. The net earning capacity of Defendant is approximately $2,000 per month. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- WHEREFORE, Defendant demands judgment compelling Plaintiff to pay to Defendant alimony and alimony pendente lite. COUNT III COUNSEL FEES, EXPENSES AND COSTS 34. The averments of ¶¶31 through 33 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Defendant demands judgment compelling Plaintiff to pay counsel fees, expenses and costs of Defendant. Lit/ ~~,~L~. Wayne ~~ Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 -5- I verify that the statements made in this pleading 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: November 10, 2004 Nickola K. Wallace WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 c: .~, " c ~~ ' r,; .. ... ~ a ~ _- _~ t:~, -.,~j - t ' ~ , ~ - '~- THOMAS M. WALLACE IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5339 NICKOLA K. WALLACE :CIVIL ACTION -- LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE: I, Wayne F. Shade, Esquire am authorized to accept service of the Complaint in Divorce on behalf of my client, Nikola Wallace, in the above captioned matter. Date:~rJ'tMU~~y ~G a vG y~ ~~~ Wayne F. Shade 7 ~. . ~ ~ ~~~ _. , _--~ '. ¢ S 4i -- ~ . ' ; ii +6 .t~' ~~ ` .. l. - [ i (^,.J .1;_ NICKOLA K. WALLACE, Plaintiff V. THOMAS M. WALLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 913106607 DOCKET NO. 658 SUPPORT 2004 THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. NICKOLA K. WALLACE, :PACSES NO. 039106996 Defendant/Petitioner: DOCKET NO. 04-:5339 CIVIL ORDER OF COURT AND NOW, this 16th day of December, 2004, upon stipulation of the parties, a copy of which is attached hereto and incorporated herein, an upon recommendation of the Support Master, it is ordered: A. Effective December 1, 2004, Thomas M. Wallace shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Haley Nicole Wallace, born July 1, 1988, and Andrea Elizabeth Wallace, bom March 12, 1991, the sum of $5,500.00 per month. B. All arrearages which have accrued on 658 Support 2004 through and including November 30, 2004 are remitted. C. Effective December 1, 2004 Thomas M. Wallace shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $3,500.00 per month. D. Thomas M. Wallace shall provide health insurance coverage for the benefit of his wife and said children. E. Thomas M. Wallace shall pay 88% of the unreimbursed medical expenses incurred by his wife and said children which exceed $250.00 per person per year, and Nickola K. Wallace shall pay 12% of said expenses. F. The terms contained in paragraphs 5, 6 and 7 of the attached stipulation are incorporated herein and made a part hereof. B rt, ~~ G Edgar B. Bayley, J. Cc: Wayne F. Shade, Esquire Attorney for Nickola K. Wallace Maria P. Cognetti, Esquire Attorney for Thomas M. Wallace Nickola K. Wallace Thomas M. Wallace DRS ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND pate of Order/Notice of/31/05 Case Number {See Addendum for case summary) Q Original Order7Notice O Amended Order/Notice Q Terminate OrderMotice EmployerMlithholder's Federal EIN Number RE: WALLACE, THOMAS M. Employee/Obligor's Name (Las[, First, Mp 206-38-7953 EmployeelObligor's Social Security Number LEHIGH ANESTHESIA ASSOCIATES P 3817101368 5000 TILGHMAN ST-COM PLAZ y-~~~ t~°t~ ~~~" ALLENTOWN PA 18104 ~ o~ Employee/Obligor's Case Identifier (See Addendum for plaintiff names P~s~' ~r S ~39,0~ ~ S[. associated with cases on attachmen0 ~s~ ~ a~df Custodial Parent's Name (Last, First, MD ~i4~s£s grai~~a~ See Addendum for dependent names and birth dates associalted 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 OrderlNotice is not issued by your State. $ 9, OOO. oo per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater Q yes ®no $ o . 00 Per month in current and past-due medical support $ o . oo Per month for genetic test costs $ per month in other (specify) for a total of $ 9, 000.00 per month to be forwarded to payee below„ You do not have to vary your pay cycle to be in compliance with the suppott order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ z . 06.92 per weekly pay period. $ 4, ls3 . a5 per biweekly pay period (every two weeks). $ 4.500.00 per semimonthly pay period (twice a month). $ 9.000.00 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 OrderlNotice. 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 H'ithholding, the following information is needed (See #9 on page 21. If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADD/T/ON, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AN,D THE PACSES MEMBER t0 (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECUR/TYNUti18ER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. - "~ ~ 'FT''" /!~~ BY THECOU Date of Order: FEB r 1 ZQQ~ F~lo/~ v Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $iATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ Iqq hecke~ you are required. to provide a opy of this form to your mplo}~ee. If yo r employee works in a state that is di~ferent from the state that issued this order, a copy must be provi~eU to your employee even if the box is not checked. t. 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 entployee%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/obligor. 3. gee`swager. 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 OrdedNotices due to Fetferal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) S. Termination Notification: You must promptly notify the Requesting Agency when dre employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order7Notice to the P,gency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2325159910 EMPLOYEE'S/OBLIGOR'S NAME: WALLACE, THOMAS M. EMPLOYEE'S CASE IDENTIFIER: 3817101368 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: _ _ _ _ _ _ _ 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below, 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeeJobligor'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 [he State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharg'ng an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligorhecause 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.* Withhoding Limits: You may not withhold more than the lesser of; t) the amounts allowed by the Federal Consumer Credit Protection Ad (15 U.S.C. §t 673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. F or tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who rea~ive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. t t.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your empioyee(obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at X17) 2446225 or by FAX at (7171 2416248 or by Internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 09]0-p154 Form EN-028 Worker ID $iATT ADDENDUM Summary of Cases on Attachment DefendanUObligor: wALLACE, THOMAS M. PACSES Case Number 039106996 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 04-5339 CIVIL$ 3,500.00 Childlren)'s Name(s): DOB PACSES Case Number 913106607 Plaintiff Narne NICKOLA 1C. WALLACE Docket Attachment Amount 00658 S :!004 $ 5,500.00 Child(reN's Name(s): DOB HALEY NICOLE WALLACE 07./01[88 ANllREA ETiI7,AgETH V7ALLAGE 03f12f91 ^ If checked you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'slobligor's employment. ^ If checked, you are required to enroll the child(reN identified above in any health insurance coverage available through the einployee'slobligor's employment. ~If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'slobligor's employment. ^ If checked you are required to enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee'slobligor's employment. Addendum Form EN-028 Service Type M WorkerlD $IATT ome No.: o9raoua ._.~ ~~, -, ; - :t =;, ., _,. 5 ~'f`" V+' d"e7 ~ -1~~• lU ~ -~C'i~ I" ~' ~-"~1-,--, ~. , ,,~ -~ ". (T~ n w-Y :ri ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist.Of CUMBERLAND Date of Order/Notice 07/07/05 Case Number (See Addendum for case summary) EmployerM/ithholder's Federal EIN LEHIGH ANESTHESIA ASSOCIATES P 5000 TILGHMAN ST-COM PLAZ /1fC'~£S D~/o~5~ Q Original Order/Notice O Amended Order/Notice Q Terminate Order/Notice RE: NALLACE, THOMAS M. ~~,.33s f?v Employee/Obligor's Name (Last, First, MI) ALLENTOWN PA 16104 ~,1. ~ s-~ s a.oay PyeSfrS 9/3/D~~07 206-38-7953 Employee/Obligor's Social Security Number 3817101368 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MU 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. $ 5, 170.00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greaterT Q yes ® no $ o . oo Per month in current and past-due medical support $ o . oo Per month for genetic test costs $ per month in other (specify) for a total of $ 5,170. 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: $ 1.193 .08 per weekly pay period. $ 2.3a6.15 per biweekly pay period (every two weeks). $ 2.585.00 per semimonthly pay period (twice a month). $ s. 170.00 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 SS% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania 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 NUMB ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~~Y THE COU .;t~;, ~ ,i \ G `~ _ ~ 2005, ~~ Date of Order: evb~ a. .~y« o~Q Form EN-028 Service Type M oma NO.: oomoisa Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If hecke~ you are required. to provide a opy of this form to your, mployee. If yo r employee works in a state that is di~erent from the state that issued this or~er, a copy must be provi~ed to your employee even if the box is not checked. 1 . Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*{ZCpOrtiri$" ~ . ~YOtl-fntlSt-r2pORtnE~~nryV~RTrrbrUtn$~r>epay~iiein. iiic pagdatetdate_of.withhold}ngis-ihe-datecm-wMr}ch-amount-viaswithhe{cF .You must comply with the law of [he 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.* EmployeelObligortyith 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 Stale withholding limits, you must follow [he law of the state of employee'slobligor's principal place of employment. You must honor all Orders/Notices [o 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: z3z6169910 EMPLOYEE'SlOBLIGOR'S NAME: WALLACE. THOMAS M. EMPLOYEE'S CASE IDENTIFIER: 3817101368 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania Stale 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 employeeJobligorfmm employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania Slate law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the Stale of the employee's/obligor's principal place of employment. The Federal limit applies to [he aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security [axes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who re<:eive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 t.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (7171 240-6248 or CARLISLE PA 17013 by Internet www.childsupportstate.pa.us Page 2 of 2 Form EN-028 SeMCe Type M ama N<~.: oazo-uisa Worker lD $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: wALL,ACS, THOMAS M. PACSES Case Number 039106946 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 04-5339 CIVIL$ 3,500.00 Child(ren)'s Name(s): DOB PACSES Case Number 913106607 Plaintiff Name NICKOLA K. WALLACE Docket AttachmentAmount 00658 S 2004 $ 1,670.00 Child(ren)'s Name(s): DOB HALEY NICULE WALLACE 07/0168 AI~TDRLA ELIZAHBTH RiALLACE .. 03 /12 (9ti ^If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docke Attachment Amount $ 0.00 Child(reN's Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name DockeC Attachment Amount $ o.oo Child(ren)'s Name(sl: DOB ^If checked, you are required to enroll [he child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket AttachmentAmount $ 0.00 Child(reN's Name(s): DOB ^If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee'sfobligor's employment. PACSES Case Number Plaintiff Name Docket AttachmentAmount $ o.oo Child(reN's Name(s): DOB ^ If checked, you are required to enroll the child(ren) ^If checked, you are required to enrol{ the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT pMB No:09J0-0154 ~, .,,,.- ~ ~r ~ -~ , r _. 1 /.F. ~ > L(t r: _ ~ ~~1 ;~ l ~ T j Uti THOMAS M. WALLACE : fN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMEtERLAND COUNTY, PENNSYLVANIA DOME'sSTIC RELATIONS SECTION v. :CIVIL ACTION -SUPPORT NICKOLA K. WALLACE, : N0.04-5339 CIVIL DefendantfPetitioner : PACSES NO. 039106996 PETITION FOR MODIFICATION OF AN EXISTING ORDER OF ALIMONY PENDENTE LITE I. The Petition of NICKOLA K. WALLACE respectfully represents that on December 16, 2004, an Order of Court was entered for alimony pendente lite in favor of Defendant Wife and against Plaintiff Husband. A true and correct copy of the Order is attached to this Petition. 2. On July 7, 2005, an Interim Order was entered to case number 913106607 at Docket No. 658 Support 2004. 3. The Interim Order of July 7, 2005, reduced the related child support at the request of Husband due to a change in the custody arrangement. 4. In calculating the child support modification, the conference hearing officer deducted from the gross income of Husband more than $65,000 in bonus compensation received by Husband in the first six months of 2005. 5. The conference hearing officer indicated in the Summary of Trier of Fact that WAYNE F. SHADE Attorney at Law 53 West Pomfret Sveet Carlisle, Pennsylvania 17013 this high-income case is definitely a Melzer case, but the conference hearing officer did not perform a Melzer calculation, stating that neither of the parties had broken down the expenses for the children in their care. 6. If Husband's annual bonus compensation of approximately $150,000 is to be excluded from his gross income for the purpose of calculating support, that exclusion will impact the calculation of alimony pendente lite. Therefore, it is necessary for Wife to appeal the Interim Order of July 7, 2005, where there is nothing in that Order to give her a share of the quarterly bonus payments as part of her alimony pendente lite. 7. Where the evidence for calculation of alimony pendente lite will be the same as the evidence for calculation of child support, Wife requests joinder of this Petition for Modification of an Existing Order of Alimony P'endente Lite with the appeal of the Interim Order of 3uly 7. 2005, for child support, with modification of alimony pendente lite to have the same effective date as the effective date of modification of child support. 8. There has been no previous application made to any court for the relief herein requested. 9. Husband is represented of record herein by Maria P. Cognetti, Esquire. Husband's last known address is 2006 Carlisle Road, Camp Hill, Pennsylvania 17011. WHEREFORE, Petitioner requests that the Court modify the existing Order for WnvNe F. StuDE Anorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 alimony pendente lite. I verify that the statements made in this Petition 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: July 12, 2005 ~~ ~~ ~~ Wayne Shade Attorney for Petitioner NICKOLA K. WALLACE, Plaintiff V. THOMAS M. WALLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 913106607 DOCKET NC). 658 SUPPORT 2004 THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. NICKOLA K. WALLACE, :PACSES NO. 039106996 DefendantlPetitioner: DOCKET NO. 04-5339 CIVIL ORDER OF COUR'1" AND NOW, this 16th day of December, 2004, upon stipulation of the parties, a copy of which is attached hereto and incorporated herein, an upon recommendation of the Support Master, it is ordered: A. Effective December 1, 2004, Thomas M. Wallace shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Haley Nicole Wallace, born July 1, 1988, and Andrea Elizabeth Wallace, bom March 12, 1991, the sum of $:1,500.00 per month. B. All an'earages which have accrued on 658 Support 2004 through and including November 30, 2004 are remitted. C. Effective December 1, 2004 Thomas M. Wallace shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony a-; pendente Fite the sum of $3,500.00 per month. --_ `, D. Thomas M. Wallace shall provide health insurance coverage for tfie: benefit of his wife and said children. u E. Thomas M. Wallace shall pay 88% of the unreimbursed medical expenses incurred by his wife and said children which exceed $250.00: per pegson per year, and Nickola K. Wallace shall pay 12% of said expenses.-- F. The terms contained in paragraphs 5, 6 and 7 of the attached stipulation are incorporated herein and made a part Hereof. By the Gourt, Cc: Wayne F. Shade, Esquire Attorney for Nickola K. Wallace Maria P. Cognetti, Esquire Attorney for Thomas M. Wallace Nickola K. Wallace Thomas M. Wallace DRS ~ ~ ~ ~ ~ " C `~ ~,, . ~-. ?,~ J , „, ~ ~- n~ ~. t fir' N " : , -,,. 6 , =:TM r.~ rn y ~ ~ ~ i Y c_ ._ :R :< _ =,7 c~ In the Court of Common Pleas of CuMEERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION NICKOLA K. WALLACE ) Docket Number 04-5339 CIVIL Plaintiff ) vs. ) PACSES Case Number 039106996 THOMAS M. WALLACE ) Defendant )Other State ID Ntunber ORDER OF COURT' You, TxoMAS MICHAEL WALLACE plaintifffdefendant of 2006 CARLISLE RD, CAMP HILL, PA. 17011-5912-06 are Ordered t0 appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the AUGUST 22, zoos at 9: ooAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child caze expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 213 o z wALLACE ~• wALLACE PACSES Case Number: 039106996 If you fail to appear for the conferencelheating or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: ~ -~~..(>> BY THE COURT: 1 .~ ~ a JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE iVIAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED F]EE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1490 The Court of Common Pleas of cUhIDERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-622'5. All arrangements must be made at least 72 hours prior to any hearing or business before tl'le court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 213 oz t~7 (~ T }t~ 5 i ' . .r^ i ~ -l=r. c. ~~ ~f ~ ; . ,~ ' ~ . . `v. , Cry "~< ,. .~i . ~ } ~ . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION NICKOLA K. WALLACE ) Docke[Number 04-5339 CIVIL Plaintiff ) vs. ) PACSI°S Case Number 039106996 THOMAS M. WALLACE ) Defendant ) Other State ID Number ORDER OF COURT You, NICKOLA KIM WALLACE plaintiff/defendant of 94 N OLD STONEHOUSE RD, CARLISLE, PA. 17013-9785-94 are Ordered LO appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, 1?A. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the AUGUST 22, 2005 at 9: ooAM for a hearinl;. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Forrn CM-509 Service Type M Worker ID 21302 WALLACE ~~ wALLACE PACSES Case Number: 039106996 If you fail to appear for the conferencelhearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order iri your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: ~ ~~-~~ BY THE COURT: l „~ a~ JTJDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYF,R, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WTfH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FI;E OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1490 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) a4o-6zz , . All arrangements must be made at least 72 hours prior to any hearing or business before ttie court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 o ' C7 ~ 'rt C. c.r ,tel.'(, ~~('!` ~` f}9f = ,~;r = s) `~ a ~">, C1 -r. _ 7~ ,~ y ' ~i fi- y t_ ~ -A .. c _; '~G 7 W I:\Client Directory\Wallace-[\agreements\Stipulation of Counsel.wpd NICKOLA K. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CNIL ACTION -SUPPORT THOMAS M. WALLACE, Defendant DOCKET NO.00658 S 2004 PACSES N0.913106607 THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CNIL ACTION -SUPPORT NICKOLA K. WALLACE, Defendant DOCKET N0.00656 S 2005 PACSES NO. 699107568 THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUN'CY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CIVIL ACTION -SUPPORT NICKOLA K. WALLACE, Defendant DOCKET N0.04-5339 CIVIL PACSES NO. 03910699Cv ORDER OF COURT August 26, 2005 z~ AND NOW, TO WIT, this ~;` y day of f~' - ~ " , 2005, it is hereby ORDERED AND DECREED that the attached Stipulation of Counsel is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. BY THE COURT: J ~„~ ~ G /J/ L\Clien[ Director~Wallace-dagreement5\5[ipulation of Counsel.wpd August 26, 2005 duc 3l 2 i~ P~ '05 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 F'I! F.D f Fp10t sF i1 L'"~i E=~ -ri= - '. Attorneys for Thomas M. Wallace NICKOLA K. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COi:R~iTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CNIL ACTION -SUPPORT THOMAS M. WALLACE, Defendant DOCKET NO. 00658 :i 2004 PACSES NO. 913106607 THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CNIL ACTION -SUPPORT NICKOLA K. WALLACE, Defendant DOCKET N0.00656 S 2005 PACSES NO. 699107568 THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COU[VTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CNIL ACTION -SUPPORT NICKOLA K. WALLACE, Defendant DOCKET NO. 04-5339 CNIL PACSES N0.039106996 ~,,~STIPULATION OF COUNSEL AND NOW, this o~9~-d'ay of , 2005, comes Nickola K. Wallace (hereinafter referred to as "Wife") and Thomas M. Wallace (hereinafter referred [o as "Husband"), who file this Stipulation of Counsel and state as follows: WHEREAS, the parties were married on Mazch 17, 1984 and separated July 21, 2004; C\Clirnt Directory\Wallace-t\agreements\Stipulation ofCounsel.wpd August 26, 2005 WHEREAS, on July 26, 2004, Wife filed a Complaint fir Support in the Court of Common Pleas of Cumberland County seeking support for herself and the parties' two (2) children, namely Haley N. Wallace, bom July 1, 1988, and Andrea E. Wallace, born March 12, 1991; WHEREAS, an Order of Court was issued on December 16, 2004, incorporating the parties' stipulations in which Husband agreed to pay $5,500.00 monthly in child support and $3,500.00 monthly in alimony pendente life effective December 1, 2004. WHEREAS, on or about May 3, 2005, Husband filed a ]Petition for Modification of Existing Support Order. WHEREAS, a modification conference was held on June 22, 2005, and an Interim Order of Court was issued on July 7, 2005, directing Husband to pay $1,670.00 bi-weekly for the support of the parties' youngest minor daughter and $3,500.00 monthly in alimony pendente life, effective May 1, 2005. WHEREAS, on or about July 12, 2005, Wife filed a Petition for Modification of an Existing Order of Alimony Pendente Lite. WHEREAS, on or about July 14, 2005, Husband filed a Demand for Hearing. WHEREAS, an Order of Court issued on July 19, 2005, setting a hearing on Husband's Petition for Modification and Demand for Hearing on August 22, 2005. WHEREAS, on August 12, 2005, Husband filed a Complaint for Support and a Motion for Joinder of Petition for Modification of Existing Support Order, Demand for Hearing, and Complaint for Support. WHEREAS, an Order of Court issued on August 12, 2005, granting Husband's Motion 1:\Client DirectoglWallace-flagreements\Stipulation of Counsel.wpd Augus[ 26, 2005 for Joinder and set a hearing for August 23, 2005, on Husband's Complaint for Support. NOW THEREFORE, intending to be legally bound thereby, the parties hereto stipulate and agree as follows: Husband agrees to pay $6,333.33 per month in support, payable as follows: a. $5,000.00 per month payable through Pauses. b. $4,000.00 quarterly, payable directly to Wife upon Husband's receipt of quarterly bonuses. The total amount of $6,333.33 in monthly support is allocated as follows: a. $3,460.00 per month in alimony pendente lite. b. $2,873.33 per month for and towards the support of Andrea. The effective date of this agreement shall be May 1, 2005. 4. Any arrears and credits in existence as of May 1, 2005, once the modification has been made retroactive, shall remain in effect. 5. The parties agree that Husband will receive a crt;dit for support payments made since May 3, 2005, including a direct payment to Wife on July 30, 2005, in the amount of $3,429.07, which represented a portion of his second quarter 2(105 bonus compensation. 6. The parties further agree that those unreimbursed medical expenses that exceed $250.00 annually per person, shall be paid 91 % by Husband and 9% by Wife. Husband agrees to continue to provide health insurance coverage for Wife and the children. 8. The parties agree that each will be equally responsible for one-half of the Trinity High School bill and that each will submit his or her one-half payment directly to Trinity. 1:\Clien[ Director}'Wallace-t\agreements\Stipula[ion of Counsel.wpd August 26, 2005 9. The parties acknowledge that said Stipulation shall be adopted as an Order of Court. 10. The parties hereby waive their rights to have their case heard by the Court at this time. Maria P. Co etti, s uire Wayne Shade, Esquire Counsel for Thom .Wallace Counsel for Nickola K. Wallace ~~ ~ T cP C~ ~~ _ ~ p R ~, ~ r ~J r`~ - ' t i . tt ,l C ?~ } ` C< ~ ' t 1:\Client Dfreckxy\Wallace-t\agruments\Stipulation of Pacties.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Elill, PA 17011 Telephone No. (717) 909-4060 January 10, 2006 Attorneys for Plaintiff THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 04-d339 CI"vii, TERiv1 NICKOLA K. WALLACE, Defendant IN DIVORCE STIPULATION OF PARTTES AND NOW, this I GY day of Fahr~r~ , 200, comes Nickola K. Wallace (hereinafter refereed to as "Wife") and Thomas M. Wallace (hereinafter referred to as "Husband"), who file this Stipulation of Parties and state as follows: WHEREAS, Husband is the Plaintiff in the above-captioned divorce action; WHEREAS, Wife is the Defendant in the above-captioned divorce action; WHEREAS, on or about October 22, 2004, Husband filed a Complaint in Divorce in the ~"...,rt nF !"nm~nT. PlPac of f"Lmt~erlgn~ ('nt.ntir y~ihir7l rnptajp?[l (~.ntiptc Frei FgL'lt,'.I11 P. Distribution and Custody; WHEREAS, Wife subsequently filed an Answer with Counterclaim, which contained Counts for Alimony, Alimony Pendente Lite, Counsel Fees, Expenses and Costs; NOW THEREFORE, intending to be legally bound hereby, the parties hereto stipulate and agree as follows: Wife will retain, as her sole and exclusive property, the approximate $4,000.00 L~,Client Directory\Wallae~-tAagreements\Stipulation of Pariies.wpd .lanuary IQ 2006 tax refund she received as a result of having filed a separate federal tax return for the 2004 tax year. Husband acknowledges that he has no claim, right, interest or Citle whatsoever in said property and agrees that he will not assert any claim to said property in the future. 2. The Walt Disney Vacation Club, which is jointly owned by the parties, will become the sole and exclusive property of Husband. Wife agrees to transfer all her right, title and interest in the Vacation Club to Husband and agrees to secure and execute, within thirty (30) days of the date of execution of this Agreement, any and all documentation or papers necessary to effect such transfer. In the event that Wife fails to effect the transfer to Husband within the designated time frame, the Court, at Husband's request, will enter an Order directing Wife to secure and execute all documentation effecting the transfer and will award Husband counsel fees and costs. Wife acknowledges that she will have no claim, right, interest or title whatsoever in the Vacation Club upon the transfer and agrees never to assert any claim to said property in the future. Neither the tax refund received by Wife for the 2004 tax year, nor the Walt Disney Vacation Club, which will become the sole and exclusive property of Husband, will be deemed "marital property," and neither will be subject to equitable distribution by the parties. 4. Husband will assume all income tax liabilities reflected on his individual income tax returns, filed as married filing separately, for the 2004 tax year. This Stipulation is intended to deal solely and exclusively with Wife's transfer of the Walt Disney Vacation Club interest to Husband and her retention of the amount of the tax refund received pursuant to her filing a separate federal income tax return for the 2004 tax I1Client Director~~Wallnce-tlagrcmnents\Stipulation of Parties.wpd January 10, 2006 year. This Agreement is not intended to deal in any manner or fashion with any other marital asset. This Stipulation in no way divides or distributes any of Husband's or Wife's premarital property. It is understood and agreed that this Agreement is preliminary in nature and will be incorporated into a final Property Settlement Agreement at the time of final resolution of all economic issues. The execution of this Agreement is not intended to bar entry of a final Property Settlement Agreement by the parties at a future date. 6. Husband and Wife further agree that they shall maintain and preserve all personal assets, both premarital and marital, for future distribution between the parties. In all other respects, Husband and Wife retain any and all remaining rights to equitable distribution of assets to which they maybe entitled, and which arise out of the instant litigation, referenced herein. The provisions of this Stipulation and their legal effects have been fully explained to the parties by their respective counsel. Each party acknowledges that helshe has received independent legal advice from counsel of his or her selection, and, as to the terms of this Stipulation, that each fully understands the facts relative thereto and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Stipulation is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice from counsel. The parties further acknowledge that the execution of this Stipulation is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. NClien[ Directory\W allxco-[~agreemwls\Stipulation of ParNes.wpd .lanuary 10,2006 IN WITNESS THEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. ~~~~ ~~~ \n~ayne .Shade, Esquire Counsel for Nickola K. Wallace Maria P. Cognet~i, squire Counsel for Tho s M. Wallace l~-~ C OLA }C. WALLACE THOMAS M. WALLACE h7 ~ J t (_ ~ .. i ~Tl -r~ --i T . ~` l.:J ~lii Vilest ~~ ~ ~~~ ,,'j ` ~~ -~ i Y 1 L'~ ~ ~ ...~ "ti THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COiJNTY, PENNSYLVANIA v. DOCKET NO. 04-5339 CIVIL TERM NICKOLA K. WALLACE, Defendant IN DIVORCE ORDER OF COURT AND NOW, TO WIT, this _ _~~ day of ~ , 200p , rt is hereby ORDERED and DECREED that the attached Stipulation of Parti s is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. ~~ ~ ~{5' n ~.,-~ - ; ,. - ~= '« - ~~ ~ : ~ ~, ,:: ~ , • ~ , PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this t ~:' ~" day of f? ~ t , 2006, at Carlisle, Cumberland County, Pennsylvania, by and between NICKOLA K. WALLACE of 94 North Old Stone House Road, Carlisle, Pennsylvania 17015 (hereinafter referenced as "Wife") AND THOMAS M. WALLACE of 1421 Silvercreek Drive, Mechanicsburg, Pennsylvania 17050 (hereinafter referenced as "Husband"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since July 21, 2004. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION WAYNE F. $I-LADE Attorney at Law 53 West Pomf[et S[reet Carlisle, Permrylvania 17013 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a 1 manner which conforms to the criteria set forth in §3501 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time; the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Incorporation and Merger. This Agreement shall be incorporated but not WAYNE F. SHADE Attorney at [aw 53 West Pomfret Street Carlisle, Pennsylvania 17013 merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein and, except _2_ as to issues of child support and child custody, shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and WAYNE F. S}3ADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania 17013 agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, nor from making any just or proper defense thereto. Tt is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and -3- ,, enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.04 Representation by Independent Counsel. Each of the parties is represented by independent counsel in the preparation and execution of this Agreement. Wife is represented by Wayne F. Shade, Esquire, and Husband is represented by Maria P. Cognetti, Esquire. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. Concurrently with execution of this Agreement, Husband shall execute a special warranty deed to be prepared by counsel for Wife which will transfer to Wife all of his right, title and interest in and to the real estate premises known and numbered as 94 Old Stone House Road, Carlisle, Cumberland County, Pennsylvania, with improvements thereon erected. The deed shall be held in escrow by counsel for Husband pending Wife's refinancing and satisfaction of the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17073 -4- existing mortgage at Mortgage Lenders Network. Wife shall have exclusive possession of said real estate pending further agreement of the parties or Order of Court. 3.02 Equitable Division of Personal Property. (a) The furniture, household goods and other similar untitled personal properly have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party it, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement. (b) Wife has transferred her interest in the Walt Disney Vacation Club to Husband. Wife will execute, within thirty (30) days of the date of receipt from Husband, any and all documentation necessary to effect the transfer on the records of the Walt Disney Vacation Club. In the event that Wife fails to execute any such documentation within the designated time frame, the Court, at Husband's request, will enter an Order directing Wife to execute all documentation effecting the transfer and will award WAYNF. F. SHADE Attorney et Law 53 West Pomfret Streel Carlisle, Pennsylvania 17013 -5- r , Husband counsel fees and costs. Wife acknowledges that she has no claim, right, interest or title whatsoever in the Vacation Club and agrees never to assert any claim to said property in the future. (c) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee pension, stock, profit sharing and savings plans, if any, of the other. Such release will expressly e:rtend to all rights to pre-retirement death benefits and survivor benefits and includes the unequivocal consent to the designation by the other of any alternate or further beneficiaries at anytime. The parties acknowledge that the effect of this release is that he or she will not be entitled to any benefits whatsoever from the aforesaid employee benefits of the other. (d) Husband will retain ownership of all other marital property. (e) The parties will execute and deliver any documents necessary to formally release their rights and all claims to any life insurance of the other. ARTICLE IV DEBTS OF PARTIES 4.0] Wife. Wife will be responsible for the following marital obligations: (a) Within ninety (90) days from the date of this Agreement, Wife will refinance W ntm~e F. SHADE Attorney ai Law 53 Wes[ Pomfret Street Carlisle, Peensylvania 17013 and satisfy the mortgaga at Mortgage Lenders Network. In the event of the failure or inability of Wife to refinance and satisfy the mortgage within ninety (90) days from the -6- ,. date of this Agreement, this Agreement shall become null and void in its entirety at the option of Husband; and all of the economic claims of the parties shall be preserved. (b) Wife will pay all real estate taxes on the marital residence beginning with the 2004 school taxes. (c) Wife will assume the tractor loan. 4.02 Husband. Within three years from the date of this Agreement, Husband will pay all other joint debt and other marital debt. Husband will also remain liable for any current and future arrearages in alimony pendente lite and child support. Wife will agree to file income taxes jointly with Husband for tax year 2005 if Husband would prefer to do so, with the understanding that Husband will be responsible to pay any income tax due. 4.03 Post-Separation Obligations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. 4.04 TndemniTication. Each party indemnifies and holds harmless the other for all obligations separately incurred and for all obligations assumed under the provisions of this Agreement. 4.05 Bankruptcy. The respective duties, covenants and obligations of each party WAYNEF. SHADE Attorney at Law i3 West Pomfret Sheet Carlisle, Pennsylvania 17013 under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy _7_ court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. W AYNE F. Sl-IADE Attorney at Law 53 West Pomfret Stceet Carlisle, Pennsylvania 17073 _8_ J ~ ARTICLE V ALIMONY 5.01 Alimony. (a) Upon issuance of a full and final decree divorcing the parties from the bonds of matrimony, the Order of August 31, 2005, PACSES No. 039106996 in the Court of Common Pleas of Cumberland County, Pennsylvania, for alimony pendente life shall be converted to alimony and modified to the amount of Two Thousand Five Hundred and No/100 ($2,500.00) Dollars per month. It will continue to be paid through the Pennsylvania State Collections and Disbursement Unit, P.O. Box 69110, Harrisburg, Pennsylvania 17106. (b) The alimony will terminate after five years. It will not be modifiable either upward or downward, and it will not be terminable in the event of Wife's remarriage or living for any length of time with an adult individual to whom she would not be related within the degrees of consanguinity. (c) The parties shall be responsible for obtaining and maintaining their own health insurance coverages and shall be solely responsible for paying their own uninsured medical expenses. WAYNE F. SHADE Attorney at Law S3 West Pomfret Street Carlisle, Peunrylvania 17013 -9- ,, ARTICLE VI COUNSEL FEES 6.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within ninety (90) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the substantially prevailing party shall be entitled to reasonable counsel fees incurred. (b) In any future legal proceedings for modification of child support, the substantially prevailing party shall be entitled to reasonable counsel fees. (c) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. (d) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. WAYNE F. SHADE Attorney at Law 53 West Pomfret Sheet Carlisle, Pennsylvania 17013 _ 10_ (e) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VII GENERAL PROVISIONS 7.01 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither parry is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 7.02 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 7.03 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either parry hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree[ Cadfsle, Pennsylvania 170li -11- ,, (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other party's estate in cases of intestacy. (c) to act as executor or administrator of the other party's estate. 7.04 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other parry is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such parry or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 7.05 Full Disclosure. Each party asserts that he or she has made a full and WAYN6 F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 complete disclosure of ;ill of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to _12_ .. the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. The parties confirm that they hav relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge t] there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) 01 the Pennsylvania Divorce Code. Notwithstandingfhe foregoing, the rights of either pa to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code of any interest owned b:y the other parry in an asset of any nature at any time prior to t date of execution of this Agreement that was not disclosed to the other party or his or h counsel prior to the daft, of the within Agreement are expressly preserved. In the even) that either party, at any time hereafter, should discover such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland Coun to make equitable distribution of said asset. The party to whom the asset was not diselose.d shall be entitled to seek, from the non-disclosing party, payment of reasonal counsel fees, costs or expenses incurred in seeking equitable distribution of said asses Notwithstanding the foregoing, this Agreement shall in all other respects remain in fi force and effect. WAYNE F, SHADE Attorney at Law 53 West Pomfre[ Street Carlisle, Pennsylvania 170li -13- ,, 7.06 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may selecC. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 7.07 Agreement Voluntary and Clearly Understood. Each parry to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties. (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or. having had the opportunity to do so, having decided not to do so. (c) Has given careful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 7.08 Compliance. The parties will execute and deliver any documents necessary Wnrne F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsywania 17013 to formally conclude any of their obligations under the terms of this Agreement to each -14- } other. Any failure of a party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. 7.09 Default. Tf either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. The failure of either pay ty to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement or of the right to require strict performance of any other obligations under this Agreement. 7.10 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 7.11 Successors and Assigns. In the event of the death of either party prior to the issuance of a Decree in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Unless expressly provided herein, this Agreement WAYNE F. SHADE Attorney at Law 53 West Pomftet Sheet Carlin{e, Pennsylvania 17013 -IS- will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 7.12 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. Any disputes that may arise in connection with this Agreement shall be resolved in the Court of Common Pleas of Cumberland County, Pennsylvania. 7.13 Condition Subsequent. This Agreement is expressly contingent upon the parties' filing mutual consent to the pending divorce proceedings within ninety (90) days of the date of this Agreement, which consent will not be revoked prior to issuance of a full and final Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void. 7.14 Reconciliation. Irrespective of the reference in the title of this Agreement to WAYNE F. SHADE Attorney at Law 53 West PomRet Street Carlisle, Pennsylvania 17013 marital separation, this Agreement is intended to be a postnuptial agreement. In the event of reconciliation, attempted reconciliation or other cohabitation of the parties hereto of short or long duration after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified. Any attempted -16- ,, reconciliation which does not result in a written agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified shall not establish any additional marital rights or obligations as a result of the attempted reconciliation. IN WITNESS VVI3EREOF, the parties hereto have hereunto set their hands and Wgvtvt F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17(111 seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence o£ Nickola K. Wallace i ~~ (SEAL) Thomas M. Wallace -17- ~, COMMONWEALTH OF PENNSYLVAMA SS: COUNTY OF CUMBERLAND On this, the ~~ day of r~ , 2006, before me, the undersigned officer, personally appeared NICKOLA K. WALLACE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS VbTIEREOF, I hereunto set my hand and official seal. _~~~~ Notary P lic COMMON WEALiH OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Public COMMONWEALTH OF PENNSYLVANIA CadisleBoro.,Cuml>edandCounty My Commission Expires Octobers, 2008 COUNTY OF CF~P~'•D ) On this, the ~~~ day of , 2006, before me, the Wnv1vE E SHADE Atwmey at Law S3 WeSt Pomfret Street Carlisle, Pennsylvania 7 X013 undersigned officer, personally appeared THOMAS M. WALLACE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS uHEREOF, I hereunto se my hand and official seal. Notary Public 18 COMMONWEALTH OF PENNSYWANIP. NdaAal S~9 Lana E. Bosley, Notary Pub9c Ctty OtYak, YaAcCamly MY Commission Exptres Jt9y 31, 2008 Member, Rertnsylvania Association Of Notaries ro (7 ~_~ i i C.- _n .~ T -:1 f119' . W _~'~ ~' C.~ :1 THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW v. NICKOLA K. WALLACE, NO. 04-5339 CNIL TERM Defendant IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. 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: ~;(z4 /vG Thomas M. Wallace ti (;) C_ ~ ~ -n T _ tt ~ -r i ri W t _ l Y- ~I-il ._ __ v'1 (1~ 7 ~~.~ ••~ THOMAS M. WALLACE, Plaintiff v. NICKOLA K. WALLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-5339 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c~ OF THE DIVORCE CODE 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 1 do not claim them before a divorce is granted. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: ~~~ loG ~..~ ~.,~.z~ Thomas M. Wallace ~, ~1-V ~T r,, C:'; t, ~ c~a i% c~ ';: ? w r . M1 :~ a; THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW v. NICKOLA K. WALLACE, NO. 04-5339 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the divorce is granted. 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. ~ ~ Q ~/ Date: ~C _ L`d _ ~f r\ ~_~`% ik-/~-0~ ~ l/"~~ (~ C~(~} `S/ Niokola K. Wallace f7 'J c_b ~_~ r_ -i'7 ', O _ _ .. ~~~.. -i -, c..t a; r~ ~~ THOMAS M. WALLACE, Plaintiff v. NICKOLA K. WALLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 04-5339 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER S 3301(cl OF THE DIVORCE CODE 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. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: ~ _ ~-O~ ~- ~ G2~~~ ick la K. Wallace t~J t> 1, ~~ ~c_r ~ °17 __ .~{ ~ ~ -_ _. _. t+. 1 "' ~~ 1 b '"i -~~ C.) -~'~ ~ :) ~ C,, , - MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No.(717)909-4060 Attorneys for Plaintiff THOMAS M. WALLACE, Plaintiff v, NICKOLA K. WALLACE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW NO. 04-5339 CNIL TERM IN DNORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by Attorney for Defendant, Wayne F. Shade, Esquire, on November 17, 2004 by regular mail. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, Thomas M. Wallace, on August 24, 2006; by Defendant, Nickola K. Wallace, on August 28, 2006. 4. Related claims pending: Settled by Agreement dated August 10, 2006. 5, Date Plaintiffs Waiver ofNotice in § 3301(c) Divorce was filed with the Prothonotary: Waiver ofNotice is being filed simultaneously herewith. Date Defendant's Waiver ofNotice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Respectfully Submitted: MARIA P. COG)NETTI & ASSOCIATES / ~, I J , Date: ~ I~ ~ /C~ By: l"~~iG Cl>` ~ lic' ,~ ~ , MARIA P.COGN~ TI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff *_' !"~ ~ i -n ` °` _~ '. T'-r - '~~-~ . , t" LJ G` ~ ~ :. 41 `i~ y ` ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~;' ~_ THOMAS M. WALLACE, N O. 045339 CIVIL TERM Plaintiff VERSUS NICKOLA K. WALLACE, Defendant DECREE IN DIVORCE AIVD NOW, ~~,;C7 lf/ , 2~ , IT IS ORDERED AND DECREED THAT THOMAS M. WALLACE ,PLAINTIFF, AND NICKOLA K. WALLACE ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC•,OR~D~ "IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED;/ ~/-y,~ n The terms of the parties' Property Settlement Agreement dated August 10, 2006, f ~ ~ ~;°~ ~ ~ ~ ~~~~ ~ ,~ ,~ , ~' ,. ti ~ 1... V <,a. ~ -~ w.= . Y. r• ~' ~ ~r~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dlst. Of CUMBERLAND Date of Order/Notice 10/1.0/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number LEHIGH ANESTHESIA ASSOCIATES P 5000 TILGHMAN ST-COM PLAZ ALLENTOWN PA 18104 /~ j~ l C~~C~ ~~7 lp.~~ J ~~D~-/ RE: WALLACE , THOMAS M . ~>Ct_ - ~~; ~ ~~ ClV ~~ O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, Mq 206-38-7953 Employee/Obligor's Social Security Number 3817101368 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attacl-ment) Custodial Parent's Name (Last, First, Mp 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. $ 4,170. oo per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? yes ® no $ 0 . oo per month in current and past-due medical support $ o . oo per month for genetic test costs $ per month i n other (specify) for a total of $ 4,170.00 Per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 962.31 per weekly pay period. $ 1, 924.62 per biweekly pay period (every two weeks). $ 2 , 085.00 per semimonthly pay period (twice a month). $ 4.170 . 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). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 MAII. BY THE COURT: Date of order: OCT 1 1 2005 Service Type M Form -028 Rev. " OMB No.: 0970-0154 Worker I D $ IATT r ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If~hecked you are required, to provide a copy of this form to your mployee. If your employee works in a state that is di Brent from the state that issued this order, a copy must be provi~ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/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.* . 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%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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2326169910 EMPLOYEE'S/OBLIGOR'S NAME: WALLACE, THOMAS M. EMPLOYEE'S CASE IDENTIFIER: 3817101368 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligor from employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the-net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 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 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT Service Type M Page 2 of 2 Form EN-028 Rev. 1 Worker I D $ IATT OMB No.: 0970-0154 r ~ ADDENDUM Summary of Cases on Attachment DefendandObligor: wALLACE, TxotKAS rt. PACSES Case Number 039106996 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 04-5339 CIVIL$ 2,500.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number 913106607 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 00658 5 2004 $ 1,670.00 Child(ren)'s Name(s): DOB ANDREA E. WALLACE 03/12/91 ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ o.oo $ o.oo Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970.0154 C') r°` i__: - ~~-~ ri c~:> `;'' --~ _ . ~ ~, r ,.~ = _ ~ f -,-, - ~. T : ter.-• %~ ~ 1"~ C:~ ` '-G THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 04-5339 CIVIL TERM NICKOLA K. WALLACE, IN DIVORCE Defendant/Petitioner PACSES # 039106996 ORDER OF COURT AND NOW to wit, this 10th day of October 2006, it is hereby Ordered that the Alimony Pendent Lite is converted to an Alimony award, pursuant to the parties' Property Settlement and Separation Agreement of August 10, 2006, and the final Divorce Decree of September 6, 2006. There is a remaining credit of $2,891.18 that will be direct to the Alimony account. BY THE COURT: M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Maria P. Cognetti, Esq. Wayne F. Shade, Esq Fonn 0E-001 Service Type: M Worker: 21005 t'~ ~ c:' ~7 ~ ~ ~ c;.. -rt , ~ ~. -< , _,;' ,--. _.._ -, r-;-; ~~ , ,;-- ,c - ~ r,y - , .. ` ~ l,~~g ~ o G ~ 9~t'. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ~/~. - rj339 CIVIC.. 91310 L ~D7 ~ Original Order/Notice State Commonwealth of Pennsylvania CO./City/Dist. of CUNIDERLAND o O Amended Order/Notice Date of Order/Notice 02/1607 b58 5 ~ ~~~ O Terminate Order/Notice Case Number (See Addendum for case summary) RE:WALLACE, THOMAS M. _ EmployerM/ithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MII LEHIGH ANESTHESIA ASSOCIATES P 5000 TILGHMAN ST-COM PLAZ ALLENTOWN PA 18104 206-38-7953 Employee/Obligor's Social Security Num x~r 3817101368 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 CUNffiERLAND 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. $ 5, 373.33 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Qyes ®no $ o . oo Per month in current and past-due medical support $ o . oo per month for genetic test costs $ per month in other (specify) for a total of $ 5, 373.33 Per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 1.240.00 per weekly pay period. $ 2.480. oo per biweekly pay period (every two weeks). $ 2 , 686.67 per semimonthly pay period (twice a month). $ 5.373.33 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. ~ 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 MA/L. BY THE COURT: FEB 2 0 2007 Date of Order: Service Type M Form EN-028 Rev. OMB No.: 0970-0154 \A/nrkar I f) $ IATT L= ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If heck 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~erent from the state that issued this o~er, a copy must be provi~edpto your emproyee 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.* nnnvwnis wncn aci~un~g u~c F,ar~~~c~~.. ~ ~~~. . 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.* EmployeelObligortyith Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligoranct 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 OrderslNotices 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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2326169910 EMPLOYEE'S/OBLIGOR'S NAME: WALLACE. THOMAS M. EMPLOYEE'S CASE IDENTIFIER: 3817101368 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State faw governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. ~ ~ .Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION 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 Service Type M OMB NO.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT r ~ ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WALLACE, THOMAS M. PACSES Case Number 039106996 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 04-5339 CIVIL$ 2,500.00 Child(ren)'s Name(s): DOB ^Ifchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number 913106607 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 00658 S 2004 $ 2,873.33 Child(ren)'s Name(s): DOB ANDREA E. WALLACE 03/12/91 ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB _ __ ^Ifchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^Ifchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^Ifchecked, you are required to enroll the child(ren) ^Ifchecked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 Q ~ ~ ~ .G- .. _r;.~. •_ t- .~- c..~ .-~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dlst.Of CUMBERLAND Date of Order/Notice o3/0l/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number LEHIGH ANESTHESIA ASSOCIATES P 5000 TILGHMAN ST-COM PLAZ ALLENTOWN PA 18104 q~3t n~~a~ 658 s aoo~ 03q /~~ 99~G D~F - 5339 G V 1L O Origi nal Order/Notice O Amended Order/Notice Q Terminate Order/Notice RE: WALLACE, THOMAS M. Employee/Obligor's Name (Last, First, MI) 206-38-7953 Employee/Obligor's Social Security Number 3817101368 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. $ 5, 373 .33 per month in current support $ loo . oo per month in past-due support Arrears 12 weeks or greater? Qyes ®no $ o . oo per month in current and past-due medical support $ o . o o per month for genetic test costs $ per month in other (specify) for a total of $ 5, 473.33 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: $ 1.263 . os per weekly pay period. $ 2.526.15 per biweekly pay period (every two weeks). $ 2.736.67 per semimonthly pay period (twice a month). $ 5 , 473 .33 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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. BY THE COURT: Date of Order: !~l4R Q ~ 7(~~T Form EN-028 Rev. 1 Service Type M OMBNO.:0970A154 Worker ID $IATT i ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ I heck you are requin~d to pr vide a Copy of this form to your em loyee. If yo r employee works in a state tha is ~it~erent from the state that issuedthis order, a copy must be providedpto your emproyee even if the box is not chec~ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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.* .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%bligorand you are unable to honor all support Omer/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 Omer/Notice to the Agency identified below. THE EMPLOYEE/OBLI~OR NO LONGER WORKS FOR: 2326169910 EMPLOYEE'S/OBLIGOR'S NAME:.. WALLACE, THOMAS M. EMPLOYEE'S CASE IDENTIFIER: 3817101368 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligorfr0m employment, refusing to employ, or taking disciplinary action against any employee%bligorhecause of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. ~ t.Submitted By: If you or your employee%bligor have any questions, AOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: wALLACE, THOMAS M. PACSES Case Number 039106996 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 04-5339 CIVIL$ 2,500.00 Child(ren)'s Name(s): DOB PACSES Case Number 913106607 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 00658 S 2004 $ 2,973.33 Child(ren)'s Name(s): DOB ANDREA E. WALLACE 03/12/91 ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. >, >: ;: . ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB __ __ ^ If checked, you are requirnd to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ;::: <:: ^ If checked, you are requin~d to enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 C 3 "'a ~ ~ c ^.^r ^~ r ~': ..aa, n~ r--: -,Y-~. t'i7 ~, % ~ i ,, .... ~ ; ~ ~ __ a J. _ l^w v x '+ 'N"~1 _ _.~ C:° ' ~-=- t ~ ~,~ 1"7 t 1 tS1 .,,C ~' b391 o(~~q~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ~" 533q GIVII. (~ Original Order/Notice State Commonwealth of Pennsylvania ~) 31 ~~~d7 CO./City/DISt. Of CUP'IBERLAND Q (~ Amended Order/Notice Date of Order/Notice 03/06/07 ~05 p 5 ~~~1'~' Q Terminate Order/Notice Case Number (See Addendum for case summary) RE: WALLACE, THOMAS M. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) LEHIGH ANESTHESIA ASSOCIATES P 5000 TILGHMAN ST-COM PLAZ ALLENTOWN PA 18104 206-38-7953 Employee/Obligor's Social Security Number 3817101368 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mp 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. $ 5, 373.33 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Qyes ®no $ o . oo Per month in current and past-due medical support $ o . oo Per month for genetic test costs $ per month in other (specify) for a total of $ 5, 373.33 per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 1.240 . oo per weekly pay period. $ 2.480 . oo per biweekly pay period (every two weeks). $ 2.686 .67 per semimonthly pay period (twice a month). $ 5.373.33 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. 5 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 lD (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of order: MAR 0 7 2007 Service Type M F m E N-028 Rev. " OMBNo.:0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ I heck you are required to provide a opy of this form to your m loyee. If yo r employee works in a state that is ~i~erent from the state that issued this order, a copy must be provi~edpto your emproyee 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 emptoyee%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.* . 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%bligoranct you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Orcler/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2326169910 EMPLOYEE'S/OBLIGOR'S NAME: WALLACE THOMAS M EMPLOYEE'S CASE IDENTIFIER: 3817101368 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%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. Anfr-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 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. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Cred it Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. tt.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee%bligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WALLACE, THOMAS M. PACSES Case Number 039106996 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 04-5339 CIVIL$ 2,500.00 Child(ren)'s Name(s): DOB PACSES Case Number 913106607 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 00658 S 2004 $ 2,873.33 Child(ren)'s Name(s): DOB ANDREA E. WALLACE _ 03/.12/91 ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required'to enroll the child(ren) ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee'slobligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker I D $ IATT OMB No.: 0970-0154 c~ ~ ~ c~ -~ -, , ~`'-; r "i"i fY`S `"~ ~ C ;z _ ~~ .x' ~~ ;.7 ~, THOMAS M. WALLACE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 04-5339 CIVIL TERM NICKOLA K. WALLACE, IN DIVORCE Defendant/Petitioner PACSES Case No: 039106996 ORDER OF COURT AND NOW to wit, this 22nd day of May 2007, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony case, pursuant to the demise of the Plaintiff/Respondent on May 18, 2007. There is a remaining balance due the Defendant/Petitioner in the amount of $1,128.14 as of May 22, 2007. BY THE COURT: '~ ~. ~~ M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Wayne F. Shady Esq. Maria P.Cognetti, Esq. Service Type: M Form OE-0O1 Worker: 21005 .~ THOMAS MICHAEL WALLACE 1958 - 2007 Thomas Michael Wallace, 48, entered into eternal residence in Hampden Township. Born July 24, 1958, Alberta Turoski Wallace and the late Thomas J. Wallace, -_a . ~~ taiic>s ~rtltrw~r rest Friday, May 18, 2007, at his in Harrisburg, he was the son of He was a 1976 graduate of Cedar Cliff High School, a graduate of Harrisburg Area Community College and attended Elizabethtown College. He was also a graduate of Harrisburg Hospital School of Anesthesia. He was employed by Lehigh Anesthesia Associates as a certified registered nurse anesthetist for many years. He is survived by his son, Nathan Andrew Wallace of Carlisle; two daughters, Haley Nicole Wallace of Hampden Township and Andrea Elizabeth Wallace, Carlisle; his mother, Alberta T. Wallace, who resided with him; two sisters, )oan (and her husband, Richard Menotti) and Amy E. (and her husband, Steve Kowalkowski); a niece, Victoria; and nephew, Tad Kowalkowski. The most important part of Tom's life was being a good father to his beloved children and enjoying family vacations with them as often as possible. Usually seen in his surgical scrubs or on his cell phone, he was devoted to his profession and was a generous, thoughtful friend. His life was much too short. Mass of Christian burial will be celebrated 10:30 a.m. Tuesday, May 22, at St. Theresa's Catholic Church, New Cumberland. There will be a viewing from 6 to 8 p.m. Monday, at Malpezzi Funeral Home, Mechanicsburg. Entombment will be at Rolling Green Cemetery. To sign the online guest book, visit www.malpezzifueneralhome.com. Published in the Cumberiink Sentinel from 5/20/2007 - 5/21/2007. Notice • Guest Book • Funeral home. info Flowers • Gift Shop • Charities Today's Cumberiink Sentinel obituaries Questions about obituaries or Guest Books? Contact Leaacy.cam • Terms of use P~r~enec~ ~y L~~~~~~ :corn-:. obituaries natipnwide ~' - J ~ ~~ ~~v i L Back ~-ti :e~ _._e ~ 1 T ... .... - . -"1 .. ~ 1 ~ _ __ ihJ _ t i.. ~ _ _ ~,) ~ ti ~. ORDER/NOTICE TO WITHHOLD INCOME fOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dlst. Of CUMBERLAND Date of Order/Notice 05/21/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number LEHIGH ANESTHESIA ASSOCIATES P 5000 TILGHMAN ST-COM PLAZ ALLENTOWN PA 18104 039106996 Q Original Order/Notice 04-5339 CIVIL Q Amended Order/Notice 913106607 0 Terminate Order/Notice 658 S 2004 RE: WALLACE , THOMAS M . EmployeelObligor's Name (Last, First, MI) 206-38-7953 Employee/Obligor's Social Security Number 3817101368 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ o . oo per month in current and past-due medical support $ o . o o per month for genetic test costs $ o . oo per month in other (specify) for a total of $ o . o o per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . 0o per weekly pay period. $ o . o o per biweekly pay period (every two weeks). $ o . 00 per semimonthly pay period (twice a month). $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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. Date of Order: MAY 2 2 2007 DRO: R.J. Shaday Service Type M BY THE COURT: ~ ~ £~ M.L. Ebert, Jr., Judge Form EN-028 Rev. oMa No.: o9~aoisa Worker I D $IATT t K ti ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If hecke~ you are required, to provide a copy of this form to your gmployee. If your employee works in a state that is di~ferent 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%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each em ployee%b I Igor. 3.* . 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%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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2326169910 EMPLOYEE'S/OBLIGOR'S NAME: WALLACE, THOMAS M. __ EMPLOYEE'S CASE IDENTIFIER: 3817101368 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%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 employee%bligortrom 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 (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee%bligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Rev. 1 Worker I D $ IATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment DefendandObligor: WALLACE, THOMAS M. PACSES Case Number 039106996 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 04-5339 CIVIL$ 0.00 Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number 913106607 Plaintiff Name NICKOLA K. WALLACE Docket Attachment Amount 00658 S 2004 $ 0.00 Child(ren)'s Name(s): DOB ANDREA E. WALLACE .03/12/91 ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB __ ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker I D $ IATT OMB No.: 0970-0154 ~.~ c-~ ~_ -~ ~~ ~s ._._, _ -~ ; K - - ~~ ~ -~- - ~ -n ~.~ C, ~ :"6 . - r~ .~ '~=; ~: