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HomeMy WebLinkAbout06-1141CAROLE S. HELY, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, 1 PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. DANIEL P. HELY, ) 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 foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 CAROLE S. HELY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. DANIEL P. HELY, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, CAROLE S. HELY, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is CAROLE S. HELY, an adult individual who currently resides at 2120 Governor Ritner Highway in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is DANIEL P. HELY, an adult individual who currently resides at 43 Eastwick Drive in Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 4 December 1976 in Morgantown, West Virginia. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. a r y Samuel L. Ande Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: CAROLE S HELY 5 cam., ~yJ ?J s, l h`W (1\y CAROLE S. HELY, PLAINTIFF VS. DANIEL P. HELY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1141 CIVIL DEFENDANT ) IN DIVORCE PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for special relief, based upon the following: 1. The moving party herein is the Plaintiff. The respondent herein is the Defendant. 2. During the marriage, Husband obtained an interest in a partnership known as Stoken Hely Associates, or a similar name, which partnership acquired commercial real estate in the Carlisle, Pennsylvania area. The interest of the Defendant in that partnership, and the assets it owns, are marital property because they were acquired during the marriage with marital assets and income. The partnership interest, however, is held solely in the name of Husband. 3. Husband has advised Wife that five commercial building lots owned by the partnership are under contract of sale and the sale is scheduled to settle in mid March 2006. Defendant has further advised Plaintiff that the proceeds of the sale will exceed $1,000,000.00 and that Defendant's portion of those proceeds is likely to exceed $500,000.00. 4. Although the parties own other valuable marital assets, Plaintiff believes that the net proceeds of the sale of the lots owned by the partnership will represent a substantial portion of all of the marital assets available for distribution and will likely constitute all of the cash available for distribution between the parties. 5. Plaintiff is not able to obtain more direct or concrete information regarding the sale of the lots by the partnership or the disposition of the proceeds of such sale because all of that information is within the control of Defendant. 6. Plaintiff believes that Defendant may cooperate in the partnership's sale of the lots, receive the proceeds of the sale, and dispose of the proceeds without regard to her concerns or wishes regarding the disposition of those proceeds. Plaintiff is further concerned that Defendant may, by doing so, dissipate a substantial marital asset and most of the cash available to the parties for purposes of equitable distribution and, by doing so, place those cash assets beyond her reach or the control of this court. 7. If the cash proceeds realized from the sale of the lots by the partnership are lost or not available to the parties for purposes of equitable distribution, Plaintiff will be irreparably harmed in that she is not likely to receive any substantial cash assets when the marital property is equitably distributed by the court. WHEREFORE, Plaintiff prays this court to order and direct that the total cash proceeds realized by Defendant from the sale of the lots owned by the partnership be placed into an interest-bearing escrow account, subject to control by this court, and that no further disposition of those funds be made without the consent of Plaintiff and Defendant or further order of this court. Samu L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of IS Pa. C.S. 4904 (unsworn falsification to authorities). Date: CAROLE S. HELY CAROLE S. H ELY, PLAINTIFF VS. DANIEL P. HELP, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1141 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance on behalf of the Defendant Daniel P. Hely, accept service of the divorce complaint and acknowledge receipt of a copy of the same. Date: )/)I a tic?? 4 Z d? Dan Regan, Esquire 1300 Market Street, Suite 1 Lemoyne, PA 17043 _7 ? J a L ?. ': CAROLE S. RELY, ) IN THE COURT OF COMMON PLAINTIFF ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 06-1141 CIVIL DANIEL P. HELY, DEFENDANT 1 IN DIVORCE ORDER OF COURT G. AND NOW this day of 2006, upon consideration of the attached Petition for Special Relief, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. '/ of the Cumberland County Courthouse at 1 Courthouse Square in Carlisle, Pennsylvania, commencing at « ?d o'clock m. on ° O_,? ,)the ,7c/ day of. 712e?? J 2006. Pending such hearing, any proceeds realized by Defendant Daniel P. Hely, or which may become otherwise available to him, from the sale of building lots owned by the partnership in which Defendant is involved with Drew Stoken, M.D., generally known as Stoken Hely Associates, shall be deposited by Defendant's attorney, Dan Regan, Esquire, into an interest-bearing escrow account and held in that account until further order of this court. Further, Mr. Regan shall confirm the deposit of those funds with Plaintiff's counsel. BY THE COURT, ) DISTRIBUTION: amuel L. Andes, Esquire (Attorney far Plaintiff) 525 North 12`" Street, Lemoyne, PA 17043 IDan Regan, Esquire (Attorney for Defendant) 1300 Market Street, Suite 1, Lemoyne, PA 17043 ??c V? ?, CAROLE S. HELP, Plaintiff vs. DANIEL P. HELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW _ NO. Ol? - 1141 ?lvt IN DIVORCE MOTION FOR HEARING ON REQUEST FOR ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court for a conference before the Domestic Relations Office and, if necessary, a hearing, on Plaintiff's request for alimony pendente lite in this matter. Attached hereto is a copy of the divorce complaint which first raised the claim for alimony pendente lite. Date: 4,&Ji •_2x Sin, el L. Arides Attorney for Plaintiff Supreme Court ID # 17225 525 N. 12th Street Lemoyne, PA 17043 (717) 761-5361 CAROLE S. HELY, Plaintiff vs. DANIEL P. HELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 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 foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 CAROLE S. HELY, Plaintiff vs. DANIEL P. HELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. CAROLE S. HELY, Plaintiff vs. DANIEL P. HELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, CAROLE S. HELY, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is CAROLE S. HELY, an adult individual who currently resides at 2120 Governor Ritner Highway in Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is DANIEL P. HELY, an adult individual who currently resides at 43 Eastwick Drive in Carlisle, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 4 December 1976 in Morgantown, West Virginia. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). CAROLE S. HELY ?? c ', __ - ? C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE S. HELY, Plaintiff ) CIVIL ACTION - LAW vs. ) NO_ Q ?0 DANIEL P. HELY, ) IN DIVORCE Defendant ) DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME CAROLE S. HELY ADDRESS 2120 GOVERNOR RITNER HIGHWAY CARLISLE, PA 17013 BIRTH DATE 13 DECEMBER 1949 SOCIAL SECURITY NUMBER 141-42-4057 HOME PHONE 245-2641 WORK PHONE NONE EMPLOYER NAME NONE EMPLOYER ADDRESS N/A JOB TITLE/POSITION N/A DATE EMPLOYMENT COMMENCED N/A GROSS PAY N/A NET PAY N/A OTHER INCOME N/A ATTORNEY'S NAME SAMUEL L. ANDES ATTORNEY'S ADDRESS 525 NORTH 12rx STREET LEMOYNE, PA. 17043 ATTORNEY'S PHONE NUMBER 1(717)761-5361 RESPONDENT NAME DANIEL P. HELY ADDRESS 43 EASTWICK DRIVE CARLISLE, PA 17013 BIRTH DATE 15 APRIL 1948 SOCIAL SECURITY NUMBER 156-38-1676 HOMEPHONE WORK PHONE EMPLOYER NAME APPALACHIAN ORTHOPEDICS CENTER, LTD. EMPLOYER ADDRESS 1 DUNWOODY DRIVE CARLISLE, PA 17013 JOB TITLE/POSITION SURGEON DATE EMPLOYMENT COMMENCED PRIOR TO 1980 GROSS PAY $472,667.00 NET PAY UNKNOWN OTHER INCOME UNKNOWN ATTORNEY'S NAME DAN REGAN, ESQUIRE ATTORNEY'S ADDRESS 1300 MARKET STREET, SUITE 1 LEMOYNE, PA 17043 ATTORNEY'S PHONE NUMBER 737-4433 MARRIAGE INFORMATION DATE OF MARRIAGE 4 DECEMBER 1976 PLACE OF MARRIAGE MORGANTOWN, WEST VIRGINIA DATE OF SEPARATION DECEMBER 2005 ADDRESS OF LAST MARITAL HOME 2120 GOVERNOR R[TNER HIGHWAY CARLISLE, PA 17103 DESCRIPTION OF DOCUMENT RAISING APL CLAIM DIVORCE COMPLAINT DATE APL DOCUMENT FILED FEBRUARY 2006 CAAROLE S. HELY, THE COURT OF COMMON PLEAS OF Plaintiff/Petition CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-1141 CIVIL TERM DANIEL P. HELY, IN DIVORCE Defendant/Respondent PACSES # 371108123 ORDER OF COURT AND NOW, this 20th day of March, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on April 13, 2006 at 1:30RM. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, alter which the conference officer may recommend that an Order Ibr Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: ( I ) a true copy of your most recent Federal Income Tax Return, including W -2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 19[0.1IG (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on March 20, 2006 to: Petitioner Respondent Samuel L. Andes, Esquire Daniel J. Regan, Jr., Esquire Date of Order. March 20, 2006 ?Y. '? ?__ _ R. Jhi dd Conference Officer (( YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE ANl3-` REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc36 I ? r.a _ ` ?_ ? ? TI _': _"? T _ _ _ 'n fit - ? i IV .7 --'m i-,?'7 i C ?: ?._) ' -L7 . r ) "t? ,' -G CAROLE S. HELY, Plaintiff ) VS. ) DANIEL P. HELY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1141 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this Z7' day of MARCH 2006, upon the request of the parties, the hearing scheduled before the undersigned for March 29, 2006, on the Plaintiffs Petition for Emergency relief is hereby CANCELLED. The matter will be rescheduled for a hearing upon the request of either party if they are not able to resolve this matter by agreement. BY THE COURT, Distribution: ,9amuel L. Andes, Esquire (Attorney for Plaintiff // 525 North 12`" Street, Lemoyne, PA 17043 ,Oaniel J. Regan, Jr., Esquire (Attorney for Defendant) 1300 Market Street, Suite 1, Le;Voyne, PA 17043 Q O : Tf 2!)G6 EiAR 27 r' i I: I It i. CAROLE S. RELY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-1141 CIVIL TERM DANIEL P. HELP, IN DIVORCE Defendant/Respondent PACSES # 371108123 ORDER OF COURT AND NOW, this 13th day of April, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is 50.00, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $12,500.00 per month payable as follows: $12,500.00 for alimony pendente lite and $0.00 on arrears. First payment due on this date in the amount of $5,000.00. Arrears set at $16,500.00 as of April 13, 2006. The effective date of the order is March 9, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Carole S. Hely. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 691 10 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 50% by Respondent and 50% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Respondent is to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon an agreement of the parties and is as follows: Husband will make bi-weekly payments made by Recurring Automated Withdrawal from his bank account and make a driect payment of $5,000.00 on this date. Husband will continue to make direct deposit payments on the mortgage of the marital home in the amount of $1,753.43 bi-weekly. The account is given credit in the amount of $8,500.00 for direct payments. Wife is to continue to make the scheduled payment on the Orrstown Home Equity loan. Wife is to continue to make the scheduled payment in the PNC Home Equity loan until its retirement. Wife will maintain the Real Estate Tax payments and the Homeowners Insurance on the marital home. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney DRO: R. J. Shadday BY THE COURT, Mailed copies on: Petitioner April 13, 2000 Respondent Samuel L. Andes, Esq. Daniel Regan, Esq. Kevin ess, I. Carole S. Hely, Plaintiff vs. Daniel P. Hely, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE No. 06-1141 CIVIL TERM IN DIVORCE PACSES No. 371108123 REQUEST FOR HEARING DE NOVO CONCERNING PETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE JUDGES OF THE SAID COURT: Defendant, by his attorney, requests that the above-captioned case be listed before this Court for a hearing de novo on Defendant's Petition for Alimony Pendente Lite, such Petition being the subject of an Interim Order of this Court signed April 13, 2006. Respectfully su mitted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Attorney for Defendant, Daniel P. Hely W "N In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROLE S. HELY ) Docket Number 06-1141 CIVIL Plaintiff ) VS. ) PACSES Case Number 371108123 DANIEL P. HELY ) Defendant ) Other State ID Number ORDER OF COURT You, DANIEL P. HELY plaintiff/defendant of 43 EASTWICK DRIVE, CARLISLE, PA. 17013 are ordered to 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 JUNE 8, 2006 at 9: 00AM 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 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: Service Type M Form CM-509 Worker ID 21302 HELY PACSES Case Number: 371108123 If you fail to appear for the conference/hearing 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. BY THE COURT: Date of Order: ?-? '*X4 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. HELY CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROLE S. HELY Docket Number 06-1141 CIVIL Plaintiff ) vs. ) PACSES Case Number 371108123 DANIEL P. HELY Defendant ) Other State ID Number ORDER OF COURT You, CAROLE S. HELY plaintiff/defendant of 2120 RITNER HWY, CARLISLE, PA. 17013-9305-20 are ordered to 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 JUNE 8, 2006 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 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: Service Type M Form CM-509 Worker ID 21302 HELP V. HELY PACKS Case Number: 371109123 If you fail to appear for the conference/hearing 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. BY THE COURT: Date of Order: 9 -? ?f -Ub 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by taw to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 ORDER/NOTICE TO WITHHOLD INCOME FOR State Commonwealth of Pennsylvania 371108123 Co./City/Dist. of CUMBERLAND 06-1141 CIVIL Date of Order/Notice 05/31/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number APPALACHIAN ORTHOPEDIC CENTER 1 DUNWOODY DR CARLISLE PA 17013-9565 RE: HELY, DANIEL P. O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Name (Last, 156-38-1676 Employee/Obligor's Social Security Number 0890101643 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 lam , you are required to deduct these amounts from the above-named employee's/obligor's income until further notice e /en if the Order/Notice is not issued by your State. $ 12, 500.00 per month in current support $ 2, ooo . oo per month in past-due support Arrears 12 wee s or greater? Oyes ® no $ o. oo per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 14, 500.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support orde . If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to W ithhold: $ 3.346.15 per weekly pay period. $ 6.692.31 per biweekly pay period (every two weeks). $ 7.250. oo per semimonthly pay period (twice a month). $ 14.500 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) w orking days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date o withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the wo k state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 60% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withh Iding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disburseme nt 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, P 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND T N E PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMB R IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: JUN O 1 1006 - 4 14 Kevin A, ess, Judge DRO: R.J. Shadday Form EN-028 Service Type M OMB No.: 09700154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? if hecked you are required to pTvide a?opy of this form to your Gmployee. di event rrom the state that issue this o er, a copy must be provided to your 1. Priority: Withholding under this Order/Notice has priority over any other legal process unde Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levie agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/c each agency requesting withholding. You must, however, separately identify the portion of the employee/obligor. 3.* state of the employee's/obligor's principal place of employment with respect to the time periods withholding order and forward the support payments. employee orks in a state that is ?ee even if tie box is not checked. State law against the same income. in effect please contact the requesting 's income in a single payment to payment that is attributable to each You must comply with the law of the in which you must implement the Wi thhold Income for Support against 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice f this employee/obligor and you are unable to honor all support Order/Notices due te withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You mders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the emp Please provide the information requested and return a copy of this Order/Notice to the Agency THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2518297490 EMPLOYEE'S/OBLIGOR'S NAME: HELY, DANIEL P. EMPLOYEE'S CASE IDENTIFIER: 0890101643 DATE OF SEPARAT LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payr severance pay. If you have any questions about lump sum payments, contact the person or 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both th withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. the obligor is employed in another State, in which case the law of the State in which he or she is 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an refusing to employ, or taking disciplinary action against any employee/obligor because of a supl governs unless the obligor is employed in another State, in which case the law of the State in wl 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed Protection Act (15 U.S.C. §1673 Ml; or 2) the amounts allowed by the State of the employee'sk The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the ne deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For trit than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a than the amounts allowed under the law of the state that issued the order. 10. Additional Info: such as bonuses, commissions, or )city below. accumulated amount you should have Pennsylvania State law governs unless mployed governs. from employment, withholding. Pennsylvania State law he or she is employed governs. ry the Federal Consumer Credit bligor's principal place of employment. income left after making mandatory al orders, you may not withhold more ;tale order, you may not withhold more *NOTE: If you or your agent are served with a copy of this order in the state that is, law of the state that issued this order with respect to these items. 11. Submitted By: If you or your emplo DOMESTIC RELATIONS SECTION contact Wi 1.3 N. HANOVER ST by telephone at 71; P.O. BOX 320 by FAX at (717) 240 CARLISLE PA 17013 by internet www.chi Service Type M Page 2 of 2 OMB No.: 0970-0154 is no longer working for you. the order, you are to follow the )bligor have any questions, ATTACHMENT UNIT 0-6225 or or pport.state.pa. us Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RELY, DANIEL P. PACSES Case Number PACKS Case Numbe r Plaintiff Name Plaintiff Name Docket Attachment Amount Docket A achment Amount $ 0.00 $ 0.00 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 a e required to enroll the child(ren) identified above in any health insurance coverage available identified above in a y health insurance coverage available through the employee's/obligor's employment. through the employe 's/obligor's employment. PACSES Case Number PACKS Case Numb r Plaintiff Name Plaintiff Name Docket Attachment Amount Docket achment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name( ): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you a e required to enroll the child(ren) identified above in any health insurance coverage available identified above in a y health insurance coverage available through the employee's/obligor's employment. through the employe 's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 09)0-0154 C N a T . rtr `' y ?? rn L" 1 '7 C7 cz. ? :o 11 1 . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROLE S. HELY ) Docket Number 06-1141 CIVIL Plaintiff ) vs. ) PACSES Case Number 371108123 DANIEL P. HELY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, CAROLE S. HELY 2120 RITNER HWY, CARLISLE, PA. 17013-9305-20 of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 On the 25TH DAY OF JULY, 2006 at 9: ooAM for a hearing. This date replaces the prior hearing date of JUNE 8, 2006 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Worker ID 21302 as ,1%. HELY PACSES Case Number: 371108123 If you fail to appear for the conference/hearing 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. BY THE COURT: Date of Order: 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. HELY CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Worker ID 21302 r hJ _ Cn to G In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROLE S. HELY ) Docket Number 06-1141 CIVIL Plaintiff ) VS. ) PACSES Case Number 371108123 DANIEL P. HELY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING YOU, DANIEL P. HELY 43 EASTWICK DRIVE, CARLISLE, PA. 17013 of are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 onthe 25TH DAY OF JULY, 2006 the prior hearing date of JUNE 8, 2006 at 9: o oAM for a hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 t M HELY V. HELY PACSES Case Number: 371108123 If you fail to appear for the conference/hearing 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 parry initiated the support action. BY THE COURT: Date of Order: 6 -? - o 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Worker ID 21302 0 ? CD c- C - , 7 r t Cl) y CAROLE S. HELY, ) IN THE COURT OF COMMON PLEAS PLAINTIFF ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 06-1141 CIVIL DANIEL P. HELY, ) DEFENDANT ) IN DIVORCE PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court for emergency relief, based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. 2. The parties have been married for more than 29 years. Throughout the marriage, Plaintiff devoted herself to the family household and held no significant employment outside the home for much of the marriage. 3. Defendant is an orthopedic surgeon practicing in the Carlisle area. His taxable income for 2004, which is the last year for which Plaintiff is aware tax returns were filed, was over $470,000.00 from his medical practice. 4. In March of 2006, Plaintiff and a business partner sold real estate owned by a partnership in which Defendant was a 50% partner. As a result of that sale, Defendant received net proceeds of more than $290,000.00. 5. This court, by an order entered in March of 2006, on Plaintiff's prior petition for emergency relief, directed that the proceeds of that sale be deposited by Defendant's attorney, Dan Regan, Esquire, in an interest-bearing escrow account and held in that account until further order of this court. The same order scheduled a hearing on Plaintiff's Petition for Emergency Relief for 29 March 2006. 6. Following negotiations between the parties and their counsel, the parties, hopeful that they would reach agreement for the disposition of the funds realized from the sale of the building lot, agreed to postponement of the hearing on Plaintiff's Petition for Emergency Relief. The other provisions of the court's order entered in March of 2006, regarding the restriction on use of the funds realized from the sale, remained in effect. 7. Since the entry of that order, on at least two occasions, Plaintiff has confirmed that Defendant or his attorney disbursed funds from the sale of the partnership lot contrary to, and in apparent violation of, this court's order. The most recent of those disbursements, which Plaintiff believes involved a disbursement of $20,000.00, was made contrary to the provisions of the order and without Plaintiff's advanced knowledge or consent and Plaintiff did not receive any portion of those funds. 8. In April of 2006, on Plaintiff's Petition for Alimony Pendente Lite, this court entered an order, in this divorce action, requiring Defendant to pay $12,500.00 per month to Plaintiff as alimony pendente lite, and to pay the mortgage on the parties' marital residence in the approximate amount of $3,700.00 per month. 9. Defendant appealed the order of alimony pendente lite but, as yet, no hearing has been held before the support master and the order entered in April remains in full force and effect. 10. Defendant has failed to comply with the order for alimony pendente lite. He has failed to make the monthly payments, or any substantial portion of the monthly payments, required by that order. 11. Defendant, by his conduct, has violated both the order restricting use of the proceeds from the sale of the partnership lots and the order for alimony pendente lite. 12. Despite repeated efforts by Plaintiff and her counsel, Defendant has refused to correct his violation of the prior orders or to agree to use of some of the funds in the possesion of the Defendant and his attorney to pay the alimony pendente lite he owes Plaintiff and claims he is not able to pay. 13. Without payment of the alimony pendente lite ordered by this court, Plaintiff is II not able to meet her reasonable living needs, pay the expenses of her household, or pay the debts and obligations owed by the parties associated with the household. Defendant's failure to pay the APL or to agree upon a partial distribution of the funds realized from the sale of the partnership lots has created severe prejudice and harm to Plaintiff. 14. Plaintiff, through her attorney, has proposed a temporary resolution of these problems whereby Defendant would make regular payments of his alimony pendente lite obligation from his current pay or salary from his medical practice and pay additional sums toward the alimony pendente lite obligation from the funds Defendant and his attorney hold as a result of the sale of the partnership lots, and apply additional sums from the proceeds of the sale of the partnership lots to pay other marital obligations and thereby reduce the expenses of the parties. Attached hereto and marked as EXHIBIT A is a copy of a letter from Plaintiff's attorney to Defendant's attorney, dated 22 May 2006, outlining the specific proposal. 15. To date, Defendant has made no response to Plaintiff's proposal, has provided no explanation of how, when, or why funds were disbursed contrary to the court's order of March of 2006, or why it is that Defendant has not made alimony pendente lite payments as required by this court's order of April of 2006. 16. Defendant's actions and his continued violation of this court's prior orders, have caused Plaintiff significant financial harm, including the costs of attorneys fees to enforce and protect her rights under those orders. WHEREFORE, Plaintiff prays this court to take immediate action to enforce its prior orders and to award her reasonable attorney's fees for the efforts she had to devote to the enforcement and protection of her rights under those orders. a uel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 121 Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 6 ? , CAROLE S. HELY 1 SAMUEL L. ANDES ATTORNEY AT LAW 323 NORTH TIVELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761-E3al 22 May 2006 Dan Regan@COMCAST.NET Dan Regan, Esquire 1300 Market Street, Suite 1 Lemoyne, PA 17043 RE: Daniel P. Hely, M.D. Dear Dan: 7A (717) 781-1436 I met with Carole Hely and reviewed her finances and the information developed at our meeting with your client's firm's bookkeeper. I write with a proposal that will solve the immediate problems and get us through at least the end of this year. My client needs $12,500.00 per month to meet her needs and to operate the household as it has been operated in the past. That represents a substantial reduction from what was being spent before the separation but that is about the minimum she feels she needs to get by. We understand that, on his current reduced income, Dr. Hely cannot pay that much. Accordingly, we propose the following: 1. Your client will pay $2,500.00 every two weeks from his salary. 2. Mrs. Hely will be paid from the escrow account containing the proceeds of the sale of the commercial lots $7,500.00 per month. This will give her a total of $12,500.00 per month to meet her household needs. 3. Dr. Hely will continue to pay the mortgage on the residence, the annual real estate taxes and homeowners insurance (which average about $650.00 per month) the auto insurance and health insurance which are paid through his practice, and the debts in his name alone which are not paid as part of this proposal. Dan Regan, Esquire 2 22 May 2006 4. From the funds held in escrow, the following obligations will be paid and retired completely: The MBNA credit card $27,000.00 The Capital One credit card $2,000.00 The Discover credit card $7,000.00 The PNC line of credit loan $30,000.00 Approximate total to be paid $66,000.00 5. From the escrow account, $50,000.00 will be distributed to Dr. Hely to repay part of the excess advances he owes his corporation. 6. These payment arrangements will remain in effect through December of 2006. Hopefully, by that time, the parties will have their finances under better control and we will be able to renegotiate an appropriate payment. If not, either party will be free to return to the Domestic Relations Office to seek an adjustment of the APL order. If my arithmetic is correct, you should have approximately $275,000.00 left from the proceeds of the sale of the commercial lots. That is after the disbursement of $12,000.00 to both parties (all of which went to my client but for which she gave your client a credit on the support arrearage of $6,000.00) and the $5,000.00 payment you made to my client as part of Dr. Hely's support obligation. The distributions I propose above will total approximately $116,000.00 which should leave about $159,000.00 in that escrow. If we disburse $7,500.00 per month for seven years, that balance will be reduced by $52,500.00 and, by the end of this year, with interest, there should be approximately $108,000.00 left from those funds for us to dispose of in some fashion. If we can agree on all of this, my client is willing to agree that the $66,000.00 being paid against debts represents a legitimate marital expenditure and that the $50,000.00 paid to Appalachian Orthopedic is also a legitimate marital expenditure. We will have to determine later how to treat the payments of $7,500.00 to Mrs. Hety Dan Regan, Esquire 3 22 May 2006 (that is, whether those should be charged to Dr. Hely's distributive share of those funds or not). All of this is designed and intended to get us through the end of the year. By that time, the "overpayment" that Dr. Hely received in prior years should have been recovered by Appalachian Orthopedics, the firm should have recovered from the loss of income resulting from Dr. Boran's employment, and everyone should be able to get back to a more normal financial arrangement. I believe this arrangement will leave your client sufficient income to meet his needs, will get the families' debts and obligations paid on a current basis, and will get everyone through the current problems. My client is willing to be flexible on how the monthly payments are made. That is, she is willing to accept more from the escrow funds and less from Dr. Hely's regular pay. However, she needs to have $12,500.00 per month and we are going to have to determine later how to treat the disbursements from the escrowed funds to make those payments to her. Hopefully this will be adequate to get us past this immediate problem. If not, and if we have to litigate the APL matter, I am going to need additional time to prepare for the hearing. I will have to hire a forensic accountant to analyze the financial data we have and calculate more accurately Dr. Hely's income available to pay APL. That will take more time than we have between now and the date set for the appeal hearing in early June. Hopefully that will not be necessary and we can resolve the immediate problem with what I propose in this letter. If not, however, you and I are going to have to request that the Master postpone the hearing before him and give us additional time to prepare for that hearing. For that reason, I need to have your response as soon as possible. My client needs this money as of the beginning of May, to pay bills that are already due and owing, and you and I need to notify the Master with reasonable advance notice if we are going to request a continuance of the hearing. Please get back to me on this no later than Thursday. Sincerely, amh Samuel L. Andes cc: Ms. Carole S. Hely C3 o O m nz r -0, w ?c?, ?n G7 41:7 L ' , JN 1 3 2006 I ::_ CAROLE S. HELY, ) IN THE COURT OF COMMON PLEAS PLAINTIFF ) OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. ) CIVIL ACTION - LAW NO. 06-1141 CIVIL DANIEL P. HELY, ) DEFENDANT ) IN DIVORCE ORDER OF COURT AND NOW this 16-a day of , 2006 upon consideration of the attached Petition, a hearing is hereby sc duled before the undersigned, commencing at 36 o'clock 7k1-- m. on ZW/i!eo the ? day of , 2006. BY THE COURT, /T J. DISTRIBUT N: muel L. Andes, Esquire (Attorney or Plaintiff) 525 North 12th Street, Lemoyne, PA 17043 Regan, Esquire (Attorney for Defendant) ,Pdn 1300 Market Street, Suite 1 , Lemoyne, PA 17043 " ?b?o tr:' Carole S. Hely ) Plaintiff, ) V. ) Daniel P. Hely, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-1141 CIVIL IN DIVORCE DEFENDANT'S PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Defendant, by his attorney, Dan Regan, and petitions the court for emergency relief, based upon the following: 1. On March 9, 2006, this Court issued an Order directing that the proceeds from the sale of certain business property, a marital asset, be placed in an interest- bearing checking account an held in that account until further order of the Court. (A copy of the March 9th Order is attached to this petition as Exhibit "A".) The account was established and it currently contains over $241,000. 2. On April 13, 2006, this Court issued an Order requiring Defendant to pay Plaintiff $12,500 per month in alimony pendente lite ("APL) and further requiring Defendant to pay $1753.43 bi-weekly to the holder of the mortgage on the marital home. (A copy of the April 13th Order is attached to this petition as Exhibit "B".) On April 24, 2006, Defendant filed a request for hearing de novo on the APL matter. By Order issued June 2, 2006, the hearing de novo was set for July 25, 2006. (A copy of the June 2nd Order is attached to this petition as Exhibit "C".) 3. On June 1, 2006, this Court issued an Order requiring Defendant's employer, Appalachian Orthopedic Center, to withhold the lesser of $6,692.31 or 60% of Defendant's bi-weekly net salary and forward the withheld amount to PA SCDU for Plaintiffs APL. (A copy of the June 152 Order is attached to this petition as Exhibit "D".) 4. Defendant's bi-weekly net pay (gross pay less taxes) currently is $6,139.61. Per the June 152 Order Defendant's employer will withhold and forward 60% of this sum, or $3,683.77. Out of the remaining $2,455.84, Defendant is required, per the April 13th Order, to pay $1,753.43 on the mortgage for the marital residence. After the deductions required by the June 152 and April 13th orders, Respondent's bi-weekly net pay would be $702.41, a sum inadequate to meet his basic needs. 5. Defendant is scheduled to be paid today (June 22, 2006), and it is evident that some measures must be taken to provide Respondent with income to meet his reasonable needs pending the hearing de novo on the APL matter. In an effort to resolve this matter without litigation, on June 19, 2006, Defendant's counsel wrote Plaintiffs counsel to propose a solution and seek Plaintiffs concurrence. (A copy of the June 19th letter is attached to this petition as Exhibit "E".) Defendant's counsel proposed to draw $5000 from the $241,000 on account, to forward $1000 of this $5000 to Plaintiff and to forward the remaining $4000 to Defendant. The intent of the proposed draw was to give Plaintiff and Defendant roughly equal net incomes setting aside the mortgage. Plaintiff would receive $4,683.77 ($3,683.77 via the withholding order and $1000 from the proposed draw). Defendant would receive $4,702.41 ($702.41 representing his net pay less APL withholding and the mortgage payment, and $4000 from the proposed draw). Defendant would remain liable for paying the mortgage, so his net pay under the proposal would be $2,948.98. The June 19th letter proposed that the $5000 be withdrawn and distributed on June 22, 2006, and that going forward $5000 would be -2- withdrawn and distributed on each of Defendant's paydays until an order issued on the de novo hearing of the APL matter. 6. The June 19th letter closed by emphasizing the need to take immediate action to provide income to Defendant. The letter stated that if Plaintiff did not approve Defendant's proposal Defendant would be constrained to seek a court order granting the requested relief. 7. Plaintiffs counsel and Defendant's counsel discussed the June le proposal yesterday (June 21, 2006). Plaintiffs counsel advised that Plaintiff declined to concur with the June 19th proposal. No counterproposal, amendments or suggestions for addressing Defendant's income situation were offered. 8. Today (June 22, 2006) Defendant's counsel personally delivered a copy of this petition to Plaintiffs counsel before took this petition to Carlisle for filing. A clocked-in copy of this petition will be delivered to Plaintiffs counsel when Defendant's counsel returns from court. 9. Unless the $241,000 on account can be accessed Defendant will suffer immediate and substantial harm. Starting today, over 88% of Defendant's net pay will be used to satisfy the withholding order and the mortgage provision of the APL order. Defendant will not be left with enough money to pay his rent and meet basic household expenses. 10. The relatively modest withdrawals Defendant proposed on June 19th would help both Plaintiff and Defendant meet their immediate needs, with minimum disturbance to the marital estate. The proposal is also limited in time: withdrawals would continue only until a revised APL order emerges from the July 25th de novo hearing. -3- WHEREFORE, Defendant prays this court issue an order (1) authorizing Defendant's counsel to immediately withdraw $5000 from the $241,000 currently on account, to provide $1000 of the withdrawn funds to Plaintiff or to Plaintiffs counsel for Plaintiffs benefit, and to provide $4000 to Defendant; and (2) authorizing Defendant's counsel to make additional $5000 withdrawals and additional $1000 and $4000 distributions on each of Defendant's bi-weekly paydays occurring between the date of the order and the date an order is issued on the APL hearing de novo in this case. Respectfully submitted, DAN REGAN Pa. Lic. No. 7246 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: June 22, 2006 VERIFICATION I verify that the statements made in this "Answer to Plaintiffs Petition for Emergency Relief, Motion for Consolidated Proceedings, and Cross-Petition for Emergency Relief Pending Hearing Before the Support Master" are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Dated: June V' ,, 2006 -4- Z0 :'I f!d 2Z ' -?i ", :iZ ', °,014 EXHIP51-T "A" CAROLE S. HELY, ) IN THE COURT OF COMMON PLAINTIFF ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. 06-1141 CIVIL DANIEL P. HELY, DEFENDANT ) IN DIVORCE ORDER OF COURT AND NOW this ? day of 2006, upon consideration of the attached Petition for Speci Relh f, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. of the Cumberland County. Courthouse at 1 Cour e Square ' Car ' le, Penns lvania, cornn? cing at' o'clock m. on the _ day of 11)12?P J1 2006. Pending such hearing, any pr eeds realized by Defendant Daniel P. Hely, or which may become otherwise available to him, from the sale of building lots owned by the partnership in which Defendant is involved with Drew Stoken, M.D., generally known as Stoken Hely Associates, shall be deposited by Defendant's attorney, Dan Regan, Esquire, into an interest-bearing escrow account and held in that account until further order of this court. Further, Mr. Regan shall confirm the deposit of those funds with Plaintiff's counsel. BY THE COURT, J. DISTRIBUTION: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12t° Street, Lemoyne, PA 17043 Dan Regan, Esquire (Attorney for Defendant) 1300 Market Street, Suite 1, Lemoyne, PA 27043 EXWP?IT g CAROLE S. RELY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-1141 CIVIL TERM DANIEL P. RELY, IN DIVORCE Defendant/Respondent PACSES # 371108123 ORDER OF COURT AND NOW, this 13th day of April, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is $0.00, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $12,500.00 per month payable as follows: $12,500.00 for alimony pendente lite and $0.00 on arrears. First payment due on this date in the amount of $5,000.00. Arrears set at $16,500.00 as of April 13, 2006. The effective date of the order is March 9, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Carole S. Hely. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 50% by Respondent and 50% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Respondent is to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon an agreement of the parties and is as follows: Husband will make bi-weekly payments made by Recurring Automated Withdrawal from his bank account and make a driect payment of $5,000.00 on this date. Husband will continue to make direct deposit payments on the mortgage of the marital home in the amount of $1,753.43 bi-weekly. The account is given credit in the amount of $8,500.00 for direct payments. Wife is to continue to make the scheduled payment on the Orrstown Home Equity loan. Wife is to continue to make the scheduled payment in the PNC Home Equity loan until its retirement. Wife will maintain the Real Estate Tax payments and the Homeowners Insurance on the marital home. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney DRO: R. I Shadday BY THE COURT, Mailed copies on: Petitioner April 13, 2006 Respondent Samuel L. Andes, Esq. Daniel Regan, Esq. a T Kevin ,AAess, J. V.Z.ob In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION EXW61T "'C' CAROLE S. RELY ) Docket Number 06-1141 CIVIL Plaintiff ) VS. ) PACSES Case Number 371108123 DANIEL P. RELY ) Defendant ) Other State ID Number ORDER OF COURT RESCHEDULE A HEARING You, DANIEL P. RELY 43 EASTWICK DRIVE, CARLISLE, PA. 17013 are ordered to appear at DOMESTIC RELATIONS HEARING PM of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 25TH DAY OF JULY, 2006 the prior hearing date of JUNE s, 2006 at 9: ooAM for a hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 HELY V• HELY PACSES Case Number: 371108123 If you fail to appear for the conference/hearing 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. BY THE COURT: /'R 1,4 Date of Order. 6-? .00 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 ORDER)NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist, of CUMBERLAND Date of Order/Notice 05/31/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number APPALACHIAN ORTHOPEDIC CENTER 1 DUNWOODY DR CARLISLE PA 17013-9565 156-38-1676 Employee/Obligor's Social Security Number 0890101643 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. $ 12, 500. 00 per month in current support $ 2, 000.00 per month in past-due support Arrears 12 weeks or greater? Dyes (D no $ o. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 14, 500. 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: $ 3 .346.15 per weekly pay period. $ 6. 692.31 per biweekly pay period (every two weeks). $ 7.250. oo per semimonthly pay period (twice a month). $ 14, 5 oo . 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 exceed60% 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 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 NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: JUN 0 1 7006 DRO: R.J. Shadday Service Type m 371108123 06-1141 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE:HELY, DANIEL P. Employee/Obligor's Name (Last, First, MI) BY THE COURT: ?. Judge XKevin A, ess, 77`4 Form EN-028 OMB No.: 09M0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a opy of this form to your employee. if your employee works in a state that is di ?ferent from the state that issued this or?er, a copy must be provideo 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.*?EFrtn '2"?ate-01 ???at?errnen?uiS uic N.y...?.... .. ate You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 251629?490 EMPLOYEE'S/OBLIGOR'S NAME: HELY DANIEL P. EMPLOYEE'S CASE IDENTIFIER: 0890101643 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 govems. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 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/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 (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HELP, DANIEL P. PACSES Case Number 371108123 Plaintiff Name CAROLS S. RELY Docket Attachment Amount 06-1141 CIVIL$ 14,500.00 Child(ren)'s Name(s): DOB Off checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Chlld(renYs Name(s): DOB D if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Dif checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DIf 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 Service Type M Worker ID $IATT OMB No. 0970-0154 ?,-.1 ( } {?? _ `44 ?. a( "t'?' ^, `.? N -r? i? ?.,. :<:: ..... s.: Carole S. Hely IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Daniel P. Hely, NO. 06-1141 CIVIL Defendant IN DIVORCE ORDER OF COURT AND NOW, this 22"d day of June, 2006, upon consideration of the Petition for Emergency Relief, a Rule is issued upon Plaintiff to show cause why the Relief should not be granted. Rule is returnable at the hearing scheduled for Wednesday, June 28, 2006 at 9:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Samuel Andes, Esquire Attorney for Plaintiff Dan Regan, Esquire Attorney for Defendant M. L. Ebert, Jr., bas By the Court, I E_lI ? l ?9Bi I? ^.- lu?.? Carole S. Hely IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Daniel P. Hely, NO. 06-1141 CIVIL Defendant IN DIVORCE ORDER OF COURT AND NOW, this 27th day of June, 2006, upon reconsideration of the Defendant's Petition for Emergency Relief and after reviewing the entire file which was not available to the Court on June 22, 2006, and it appearing that the Honorable Judge Kevin A. Hess has already scheduled a hearing on an emergency request for relief on July 12, 2006, at 1:30 p.m., which Petition addresses essentially the same issues; IT IS HEREBY ORDERED AND DIRECTED that the Hearing scheduled before me on Wednesday, June 28 is cancelled. The Defendant's Petition will be transferred to Judge Hess for consideration during the hearing he has scheduled on July 12, 2006. By the Court, A! muel Andes, Esquire Attorney for Plaintiff Dan Regan, Esquire Attorney for Defendant bas M. L. Ebert, Jr., 0 i i a t•, w, f >- r "I L '7 ] _i t t w In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROLE S. RELY ) Docket Number 06-1141 CIVIL Plaintiff ) vs. ) PACSES Case Number 371108123 DANIEL P. RELY ) Defendant ) Other State ID Number ORDER OF COURT You, DANIEL P. RELY plaintiff/defendant of 43 EASTWICK DRIVE, CARLISLE, PA. 17013 are ordered to 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 4, 2006 at 9: 00AM for a hearing. You are further required to bring to the hearing: I. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. 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: Service Type Iy Form CM-509 Worker ID 21302 1 HELY If you fail to appear for the conference/hearing 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 parry based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. HELY CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 PACSES Case Number: 371108123 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-622s . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROLE S. HELY ) Docket Number 06-1141 CIVIL Plaintiff ) VS. ) PACSES Case Number 371108123 DANIEL P. HELY ) Defendant ) Other State ID Number ORDER OF COURT You, CAROLE S. HELY plaintiff/defendant of 2120 RITNER HWY, CARLISLE, PA. 17013-9305-20 are ordered to 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 4, 2006 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 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: Service Type M Form CM-509 Worker ID 21302 A HELY V. HELY PACSES Case Number: 371108123 If you fail to appear for the conference/hearing 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. BY THE COURT: Date of Order: 6 , a I'Ub 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-622s . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 ('? ri '. 5 - ?- c - d , ? 1. ?._ --I W 1.- ?? --,' t _ ?i .. ,?..} CAROLE S. HELY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 06-1141 CIVIL DANIEL P. HELY, Defendant IN DIVORCE IN RE: PETITION FOR EMERGENCY RELIEF ORDER AND NOW, this Z 9 ` day of June, 2006, following telephone conference with counsel, without prejudice to the plaintiff to complain of earlier nonpayment of the APL order in this case, it is ordered that defendant's counsel is authorized and ordered: 1. To immediately withdraw $4,000.00 from the $241,000.00 currently on account per the court's order of March 9, 2006; 2. To provide $1,000.00 of the withdrawn funds to the plaintiff or to plaintiff's counsel for plaintiff's benefit; and 3. To provide $3,000.00 of the withdrawn funds to the defendant. It is further ordered that the defendant's counsel is authorized and ordered to make an additional $4,000.00 withdrawal for distribution as aforesaid on the 6s' of July, 2006. The defendant will pay to the plaintiff through SCDU the sum of $3,683.00 on or before the 30th of June, 2006, and again on or before the 7`h of July, 2006, which payments may be made pursuant to the wage attachment now in effect. The payments and disbursements to be made by defendant's attorney, pursuant to the foregoing paragraphs of this order, shall not be made unless and until these payments have been made to SCDU on the dates provided. i ?,? '??? ? ,, ?? ? ? . I ,? •IV ?. ? ? .. . V] td ,,,?? ?:? ?. L?4..t #? 1 ?-" ? 1-1 ?? 4. VA {. In addition to the above, the defendant will continue to make, in a timely manner, the bi- b\j weekly payments on the first mortgage against the marital residence. BY THE COURT, Kevin . Hess, J. Xamuel L. Andes, Esquire For the Plaintiff F vaniel Regan, Esquire For the Defendant :rlm , 6? I 1 CAROLE S. HELY, Plaintiff V. DANIEL P. HELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-1141 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of July, 2006, the stipulation of the parties entered into this date and attached hereto is hereby made an order of Court. By the Court, Samuel L. Andes, Esquire 535 North Twelfth St. Lemonye, PA 17043 For the Plaintiff Dan Regan, Esquire 1300 Market Street 7,ap-OG Ste 1 /LO /rv `"P`d Lemoyne, PA 17043 For the Defendant pcb .. J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 July 12, 2006 Carlisle, Pennsylvania (The following proceedings were held at 2:38 p.m.) MR. ANDES: This is the time set for a hearing on multiple petitions filed by each party, and I am happy to announce that we have reached an agreement which will make hearings on those matters unnecessary. Mr. Regan and I have agreed, with your indulgence, that I will dictate a stipulation and once the parties have approved it you can enter a single sentence order adopting that as the order of Court. THE COURT: Okay. MR. ANDES: The stipulation is: AND NOW, this 12th day of July, 2006, the parties, after appearing with their counsel and spending approximately two hours negotiating, have agreed to resolve the issues raised in both of their petitions on the following terms: 1. The Defendant, Daniel P. Hely, shall pay to the Plaintiff, Carole S. Hely, through the Domestic Relations Office and the Collection Unit, as alimony pendente lite, one half of his compensation from the professional medical group of which he is a member. The order will be effective today, and the hearing which had previously been scheduled before the Support Master for early August will be cancelled. The parties reserve for later resolution the 2 1 Defendant's claim that the alimony pendente lite order 2 previously entered was incorrect or excessive, and the 3 Plaintiff's claim for the arrearages which had accrued under 4 that order. If the parties are not able to resolve that, they 5 can submit that matter to the Divorce Master at the time of the 6 final divorce litigation. 7 2. In addition to the cash payments of alimony 8 pendente lite provided for herein, the Defendant shall maintain 9 health insurance on the Plaintiff and on the parties' adult 10 daughter, Christine, and shall pay one half of the medical 11 expenses not reimbursed by such insurance for the Plaintiff and 12 the daughter to the extent that those expenses exceed $250 in 13 any calender year. 14 3. The attorney for the Defendant is currently 15 holding in a money market account at Commerce Bank 16 approximately $233,500, which represent funds received from the 17 sale previously of the Defendant's interest in a real estate 18 partnership. From those funds, the parties have agreed the 19 following payments and disbursements shall be made: 20 A. Whatever funds are necessary to pay the 21 following expenses, which the parties estimate to be 22 approximately $91,000, will be set aside in a new escrow 23 account in the name of Daniel Regan, Esquire. Mr. Regan shall 24 hold those funds and make only the following payments or 25 expenditures from them: 3 1 1. He shall immediately issue a distribution to 2 each party in the amount of $10,000. 3 2. He shall pay the present balance owed on the 4 MBNA credit card in the Defendant's name, which the parties 5 believe has a balance of approximately $24,000. 6 3. He shall pay the balance owed on the Capital 7 One credit card and the Discover credit card, both of which are 8 in the Plai ntiff's name, in the total amount of approximately 9 $9,500. 10 It is not required that the parties cancel those 11 credit cards, and they may use or maintain them hereafter, but, 12 from this date forward, each party shall be responsible to pay 13 any charges made on either of those cards by themselves, and 14 neither party will claim those charges to be a marital debt or 15 obligation. 16 4. From the remaining funds, Mr. Regan will make 17 the following payments which are associated with the marital 18 residence at 2120 Governor Ritner Highway in Carlisle: The 19 current years real estate taxes; the premium for the homeowners 20 insurance; the monthly installment on the first mortgage 21 against the property; the monthly installment on the home 22 equity loan owed to Orrstown Bank; and the monthly installment 23 on a certain line of credit loan owed to PNC Bank. 24 As he makes each of these payments, Mr. Regan will 25 provide verification to Plaintiff's attorney of the amount of 4 1 the payment. 2 B. The balance of the funds now held in escrow 3 shall be transferred to an interest bearing escrow account to 4 be held by Daniel Regan and Samuel L. Andes for the benefit of 5 both parties. From this time forward there shall be no further 6 disbursements or expenditures from that account without the 7 prior consent of both parties or a further order of this Court. 8 This order is intended to resolve all issues raised 9 in the petitions for emergency relief filed in this matter by 10 the Plaintiff and the Defendant. It is the intention of the 11 parties that they shall, by the 31st of December of this year, 12 negotiate further and agree upon arrangements for the payment 13 of their obligations and alimony pendente lite after the end of 14 this year. If they do not so agree, the payment provisions of 15 this order will be extended until such time as the parties 16 agree or the Court enters a subsequent order. 17 And I would represent that, Your Honor, to be the 18 stipulation of the parties with Mr. Regan's approval. 19 THE COURT: I would suggest for the sake of 20 completeness only one modification, and that is saying this 21 order is intended to resolve, instead of saying this 22 stipulation is intended to resolve. Is everyone agreed on 23 that? 24 MR. ANDES: I agree. 25 THE COURT: Mr. Regan. 5 1 MR. REGAN: One amendment, I hope it is a friendly 2 one, in paragraph one, where it references the compensation, I 3 believe the word net should be in front of that, net 4 compensation. 5 MR. ANDES: What I would say, perhaps to make it 6 more precise, compensat ion net of taxes. 7 THE COURT: Net of taxes, very well, then we will 8 make that change to par agraph one. 9 All right, Mrs. Hely, since your lawyer was the one 10 that recited it, is it amenable to you? 11 MS. HELY: Yes, it is. 12 THE COURT: Dr. Hely. 13 MR. HELY: Yes, Your Honor. 14 THE COURT: Very well, we will enter this order: 15 And now, this 12th day of July, 2006, the stipulation of the 16 parties entered into th is date and attached hereto is hereby 17 made an order of Court. 18 19 20 21 22 23 24 25 6 IL , ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 08/24/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal FIN Number APPALACHIAN ORTHOPEDIC CENTER 1 DUNWOODY DR CARLISLE PA 17013-9565 156-38-1676 Employee/Obligor's Social Security Number 0890101643 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. $ 12, 500.00 per month in current support $ 2, 000. 00 per month in past-due support Arrears 12 weeks or greater? Oyes ® 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 $ 14, 500. o0 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: $ 3.346.15 per weekly pay period. $ 6.692.31 per biweekly pay period (every two weeks). $ 7.250. op per semimonthly pay period (twice a month). $ 14. Boo, 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 50% 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 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 NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: AUG 2 4 2006 DRO: R.J. Shadday Service Type M O Original Order/Notice 371108123 G Amended Order/Notice 06-1141 CIVIL O Terminate Order/Notice RE: RELY, DANIEL P. Employee/Obligor's Name (Last, First, M0 BY THE COURT: 41,4 Kevin A ess, Judge Form EN-028 reL..L,,. In OMB No.: 09700154 21205 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifgheckel you are required to prgvide asopy of this form to your. Uloyee. If yo r employee works in a state that is rent rom di B the state that issu this or er, a copy must be provldeed 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.* . The- You must comply with the law of the state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee'sfobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2518297490 EMPLOYEE'SIOBLIGOR'S NAME: RELY. DANIEL P. EMPLOYEE'S CASE IDENTIFIER: 0890101643 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)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 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240.6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID 21205 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HELP, DANIEL P. PACSES Case Number 371108123 Plaintiff Name CAROLE S. HELY Docket Attachment Amount 06-1141 CIVIL$ 14,500.00 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. ?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's/obligor's employment. Addendum Form EN-028 Service Type M Worker lD 21205 OMB No.: 09J04154 c? d ?, c ?- ? "? -:,L? s- , y: - ? _.,., y , ? _?? _:_ ? . _ . y c =:? u _` ? From:WOLF & WOLF: ATTYS AT LAW 7172414437 MAY¦YA¦0T MIS F0140arM County Ountlo Relations 05/29/2007 15:35 #606 P.002/003 4irl"A0tt,D Trl70 P.0011009 F-470 No. ©fo-llgl Civil MAY232001 XCUMBRRLAND COUNTY DOMBBI7C RSLAnORB AaaW o£ AppHeatiori:_4f?_ Rapeat for Support Aword 6wah NAme; At '- Adre: 13 May Soolal Smi ty Number: Domasdc Relations Coe' Party Requesft lufp= W {Nl?iS? jgIGzl Si Gl .tale P+Q 17U0 ?a ap ?aqs Nwnb.r) ? (rlddraas) 4x Number) A Twenty Do1Nr 0920.00) Fa Ba per Beeld Seew* Nw aber Make check or money order Dayabte to: DRJQtu Saab X INMAL REQUEST Has no Record in Domestic Rolutions as of (Du) Support Answ as of bbd Of Month Prior W Daft of Ap ffcWow g_7 7(,{ ct ?I . & 3 Mastthty Total Support Obllgitdon., S . 00 The Amount alwwn above is rellecW in the Domest9C RelntMow Section Office of Cumberland County, Pautsylveaia, M e w b ar # ©g q o 0 t 4o U 3 Demesne Relatloos Can N'umbw. L5g-,S--k 3711091A,3 5ipnd: gLIL S/,2910 7 (Linn SOMA cou dinat94 a) BRING-DOWN RIQUTsST Support Arrears: $ - As Of- (Dan) St6aed: (Lkn Cowdinew) (Den) Lion Sadefiisfiotion Receipt Available Upon Request*** CC720 C 'v c_. 4: ? -Ti In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROLE S. HELY ) Docket Number 06-1141 CIVIL Plaintiff ) VS. ) PACSES Case Number 371108123 DANIEL P. HELY ) Defendant ) Other State ID Number ORDER TO CREDIT ARREARS AND NOW, on this 5TH DAY OF JUNE, 2007 IT IS HEREBY ORDERED that credit be given on the above captioned case in the amount of $ a o, 013. s s There ® is O is not an agreement of the parties to the credit. This credit is for: ? Direct Payments. ? Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ? Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: From to From to From to ® Other: PARTIES AGREE TO THE CREDIT IN ORDER TO RELEASE THE PROPERTY LIEN ON THE SALE OF THE MARITAL HOME THAT IS TO BE SETTLED UPON ON THIS DATE. BY THE COURT: JUN 0 5 2007 ?• 0* Date Kevir . Hess, JUDGE DRO: R.J. Shadday Form FI-002 Service Type M Worker ID 21005 File F*W Options Help Navigation Menu PACSES Help Fund TRNL Financial' Transaction Log CASE 1D: 71108123 Dist Hold: N Dist Hold Reas Code: Payor: 0890101643 RELY, DANIEL P. Payee: 9790101646 RELY, CAROLE S. Total Debt Balance: 12,500.00 DATE Transaction Description Reference IC O&` I COMITY ADDED FMOT ?&M_7 I MAN AM NORM ADJ ACCRUAL TRANS aw DISBURSEMENT 2197901016461 1itI7 NORMAL DISTRIBUTION 2120070531XA00713' 17!07 DISBURSEMENT 2197901016461 17RI7 NORMAL DISTRIBUTION 2120070517XA00912: DISBURSEMENT 21979[11016481 7 NORIMAAL. DISTRIBUTM 2120070503XA00901: __ GIIJ07 ACCRUAL TRANS SHADDARJ 0610507 136 Payor has future collections on hold : N Trans Amt Dent Bal 0.00 12,500.00 -80,013.55 12,500.00 12500.00 92,513.55 3548.43 1130,013.55 1 3540.43 80,013.55 3314.00 83,561.913 3 3314.00 83,%1.98 3238.65 86,875.98 3238.63 86,875.98 12,500.3 90,114.63 77 14 Al DISBURSEMENT 2197901016461 32".&3 ' NORMAL DISTRIBUTION 2120070419XA008115W 3238.63 77,614.63 G --' ? -n . ?,-. -?:J ti ;:? ,?? C. -5"? _ S „~ '?? .} . ?"? ..? r..? r I's Prepared By: DAN REGAN ATTORNEY AT LAW 1300 MARKET ST., SUITE 1 LEMOYNE, PA 17043 (717) 737-4433 DAN_REGAN@COMCAST.NET Carole S. Hely ) IN THE COURT OF COMMON PLEAS OF Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) CIVIL ACTION - LAW Daniel P. Hely, ) No. 06-1141 CIVIL Defendant ) IN DIVORCE Previously assigned to the Hon. Kevin A. Hess DEFENDANT'S MOTION TO FIX DATE FOR PLAINTIFF TO FILE INVENTORY OF PERSONAL PROPERTY AND NOW comes the above-named Defendant, by his attorney, Dan Regan, Esq., and moves the Court for an order fixing a deadline for Plaintiff to file an inventory of the personal property owned by her or in her possession. In support of this motion Defendant states as follows: 1. The above-captioned case was initiated by a Complaint in Divorce filed by Plaintiff on February 28, 2006. In Count II of the complaint, Plaintiff prayed for equitable distribution of the parties' real and personal marital property. At the time of filing, the marital estate included a significant amount of expensive household furnishings and personalty, consistent with the parties' income and lifestyle. 2. When Plaintiff filed the complaint, virtually all of the personalty within the marital estate was located in what had been the marital residence. Defendant left the marital residence before the complaint was filed, taking with him little more than his t .V personal effects. Plaintiff lived in the marital residence until June 2007, when the residence was sold. The personalty that was in the house moved with Plaintiff to her new address. 3. When Plaintiff filed the divorce complaint the personalty in her possession .was worth tens of thousands of dollars, and possibly much more. This property is a significant element of the marital estate, and it is an appropriate area of investigation and evaluation. The first step in identifying and evaluating the personal property within the parties' marital estate is the preparation and delivery of an inventory. 4. Shortly after the marital residence was sold, counsel for Defendant wrote counsel for Plaintiff to broach the subject of an inventory and seek mutual agreement regarding logistics. Three months have passed, no inventory has been prepared, and no logistical arrangements have been made. By imposing a delivery date for the inventory, a court order would bring discipline to the process. WHEREFORE, Defendant prays this court issue an order fixing a date certain for Plaintiff to provide Defendant an inventory of the personal property owned by her or in her possession on February 28, 2006, the date the divorce complaint was filed. Respectfully submitted, DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Counsel for Daniel P. Hely, Defendant Dated: September 19, 2007 -2- T .` Carole S. Hely Plaintiff, v. Daniel P. Hely, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-1141 CIVIL IN DIVORCE CERTIFICATE OF SERVICE I, Dan Regan, certify that I have this day served a true and correct copy of the foregoing document by first class mail, addressed as follows, upon: Samuel L. Andes, Esq.' P.O. Box 168 Lemoyne, PA 17043 DAN REGAN Pa. Lic. No. 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 Dated: September 19, 2007 iJ Carole S. Hely Plaintiff, V. Daniel P. Hely, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 06-1141 CIVIL IN DIVORCE ORDER OF COURT AND NOW this day of 2007, upon consideration of "Defendant's Motion to Fix Date for Plaintiff to File Inventory of Personal Property," a rule is issued upon Plaintiff to show causee?why the Defendant is not entitled to the relief requested. Rule is returnable at the hiaFing for 30 2007 at 1-.m. in Courtroom No. Y of the Cumberland County Courthouse, Carlisle, Pennsylvania. DISTRIBUTION: For Plaintiff.- .41amuel L. Andes, Esq. P.O. Box 168 Lemoyne, PA 17043 For Defendant. D Regan, Esq. uite 1, 1300 Market Street Lemoyne, PA 17043 A BY THE COURT, fi ip : 1-1 ao W2 ci-7`S' LU-9Z "Hi JU, CAROLE S. RELY, PLAINTIFF VS. DANIEL P. HELY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1141 CIVIL IN DIVORCE PETITION TO ENFORCE PAYMENT OF ARREARS AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions the court to enforce payment of arrearages which have accrued under an order previously entered in the above matter, all based upon the following: 1. The Petitioner herein is the Plaintiff. The Respondent herein is the Defendant. The Defendant is now represented by Keith O. Brenneman, Esquire, of the Cumberland County bar. 2. Plaintiff and Defendant are Husband and Wife. Throughout their marriage, Plaintiff has been a homemaker and Defendant has employed as an orthopedic surgeon. 3. On 12 July 2006, at an appearance by the parties before the court on various petitions they had previously filed, this court, upon the stipulation of the parties, entered an order which obligated the Defendant to pay the Plaintiff alimony pendente lite equal to one half of his net compensation from the professional medical group of which he is a member. A copy of that order is attached hereto and marked as Exhibit A. The provision regarding the payment of alimony pendente lite appears in Paragraph 1 of the order. 4. In 2007, Defendant's net income from Appalachian Orthopedic Center, Ltd., the medical group of which he is a member was: Salary $379,818.00 Profit $19,917.00 Total Gross Income $399,735.00 Less: Federal Income Tax $100,535.00 Social Security Tax $6,045.00 Medicare Tax $5,522.00 Pennsylvania Income Tax $11,661.00 Local Income Tax $6.077.00 Total Taxes ($129,840.00) Total net income $269,895.00 5. Defendant made his payments of alimony pendente lite through the collection unit of the Cumberland County Domestic Relations Office. 6. The records of the Domestic Relations Office show that Defendant paid alimony pendente to Plaintiff, during calendar year 2007, in the total amount of $89,224.00. 7. Defendant has underpaid the alimony pendente lite he owes Plaintiff, pursuant to this court's order of 12 July 2006, in the amount of $45,724.00. 8. Defendant, by his conduct, has violated the order of 12 July 2006. Since being notified of that violation, Defendant has not corrected his violation by making the payments due to Plaintiff pursuant to that order. 9. Defendant is indebted to Plaintiff in the amount $45,724.00, plus interest after 31 December 2007, and continuing until the date of full payment. WHEREFORE, Plaintiff prays this court to enforce its order of 12 July 2006 by ordering and compelling the Defendant to pay to Plaintiff the sum of $45,724.00, plus interest at the rate of 6% per annum, after 31 December 2007 and continuing until the full balance has been paid. Sa el L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C. S. 4904 (unsworn falsification to authorities). Date: 7- d' CAROLE S. HELY CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Date: 23 July 2008 dmj-A ?W. Amy M. rkins S'dcretary for Samuel L. Andes i J t!?? CAROLE S. HELY, Plaintiff v. DANIEL P. HELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 06-1141 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of July, 2006, the stipulation of the parties entered into this date and attached hereto is hereby made an order of Court. By the Court, vi A. Hess, J. Samuel L. Andes, Esquire/ 535 North Twelfth St. Lemonye, PA 17043 For the Plaintiff Dan Regan, Esquire 1300 Market Street Ste 1 Lemoyne, PA 17043 For the Defendant p cb f RUE COPY FROM RECORD in Testa wW whwvd, i here unto set ngr twat ;t! the stW of said at cadws, PL alit. 10- .2ooG Prothonotary 'Sa4 P, ? (?Ke. -1 1 July 12, 2006 2 Carlisle, Pennsylvania 3 (The following proceedings were held at 2:38 p.m.) 4 MR. ANDES: This is the time set for a hearing on 5 multiple petitions filed by each party, and I am happy to 6 announce that we have reached an agreement which will make 7 hearings on those matters unnecessary. 8 Mr. Regan and I have agreed, with your indulgence, 9 that I will dictate a stipulation and once the parties have 10 approved it you can enter a single sentence order adopting that 11 as the order of Court. 12 THE COURT: Okay. 13 MR. ANDES: The stipulation is: AND NOW, this 12th 14 day of July, 2006, the parties, after appearing with their 15 counsel and spending approximately two hours negotiating, have 16 agreed to resolve the issues raised in both of their petitions 17 on the following terms: 18 1. The Defendant, Daniel P. Hely, shall pay to the 19 Plaintiff, Carole S. Hely, through the Domestic Relations 20 Office and the Collection Unit, as alimony pendente lite, one nw?- 21 half of his^ compensation from the professional medical group of 22 which he is a member. The order will be effective today, and 23 the hearing which had previously been scheduled before the 24 Support Master for early August will be cancelled. 25 The parties reserve for later resolution the 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Defendant's claim that the alimony pendente lite order previously entered was incorrect or excessive, and the Plaintiff's claim for the arrearages which had accrued under that order. If the parties are not able to resolve that, they can submit that matter to the Divorce Master at the time of the final divorce litigation. 2. In addition to the cash payments of alimony pendente lite provided for herein, the Defendant shall maintain health insurance on the Plaintiff and on the parties' adult daughter, Christine, and shall pay one half of the medical expenses not reimbursed by such insurance for the Plaintiff and the daughter to the-extent that those expenses exceed $250 in any calender year. 3. The attorney for the Defendant is currently holding in a money market account at Commerce Bank approximately $233,500, which represent funds received from the sale previously of the Defendant's interest in a real estate partnership. From those funds, the parties have agreed the following payments and disbursements shall be made: A. Whatever funds are necessary to pay the following expenses, which the parties estimate to be approximately $91,000, will be set aside in a new escrow account in the name of Daniel Regan, Esquire. Mr. Regan shall hold those funds and make only the following payments or expenditures from them: 3 1 1. He shall immediately issue a distribution to 2 each party in the amount of $10,000. 3 2. He shall pay the present balance owed on the 4 MBNA credit card in the Defendant's name, which the parties 5 believe has a balance of approximately $24,000. 6 3. He shall pay the balance owed on the Capital 7 One credit card and the Discover credit card, both of which are 8 in the Plaintiff's name, in the total amount of approximately 9 $9,500. 10 It is not required that the parties cancel those 11 credit. cards, and they may use or maintain them hereafter, but, 12 from this date forward, each party shall be responsible to pay 13 any charges made on either of those cards by themselves, and 14 neither party will claim those charges to be a marital debt or 15 obligation. 16 4. From the remaining funds, Mr. Regan will make 17 the following payments which are associated with the marital 18 residence at 2120 Governor Ritner Highway in Carlisle: The 19 current years real estate taxes; the premium for the homeowners 20 insurance; the monthly installment on the first mortgage 21 against the property; the monthly installment on the home 22 equity loan owed to Orrstown Bank; and the monthly installment 23 on a certain line of credit loan owed to PNC Bank. 24 As he makes each of these payments, Mr. Regan will 25 provide verification to Plaintiff's attorney of the amount of 4 1 the payment. 2 B. The balance of the funds now held in escrow 3 shall be transferred to an interest bearing escrow account to 4 be held by Daniel Regan and Samuel L. Andes for the benefit of 5 both parties. From this time forward there shall be no further 6 disbursements or expenditures from that account without the 7 prior consent of both parties or a further order of this Court. 8 This order is intended to resolve all issues raised 9 in the petitions for emergency relief filed in this matter by 10 the Plaintiff and the Defendant. It is the intention of the 11 parties that they shall, by the 31st of December of this year, 12 negotiate further and agree upon arrangements for the payment 13 of their obligations-and alimony pendente lite after the end of 14 this year. If they do not so agree, the payment provisions of 15 this order will be extended until such time as the parties 16 agree or the Court enters a subsequent order. 17 And I would represent that, Your Honor, to be the 18 stipulation of the parties with Mr. Regan's approval. 19 THE COURT: I would suggest for the sake of 20 completeness only one modification, and that is saying this 21 order is intended to resolve, instead of saying this 22 stipulation is intended to resolve. Is everyone agreed on 23 that? 24 MR. ANDES: I agree. 25 THE COURT: Mr. Regan. 5 1 MR. REGAN: One amendment, I hope it is a friendly 2 one, in paragrap h one, where it references the compensation, I 3 believe the word net should be in front of that, net 4 compensation. 5 MR. ANDES: What I would say, perhaps to make it 6 more precise, co mpensat ion net of taxes. 7 THE COURT: Net of taxes, very well, then we will 8 make that change to paragraph one. 9 All right, Mrs. Hely, since your lawyer w as the one 10 that recited it, is it amenable to you? 11 MS. HELY: Yes, it is. 12 THE COURT: Dr. Hely. 13 MR. HELY: Yes, Your Honor. 14 THE COURT: Very well, we will enter this order: 15 And now, this 12 th day of July, 2006, the stipulation of the 16 parties entered into this date and attached hereto is hereby 17 made an order of Court. 18 19 20 21 22 23 24 25 6 _?:? C ? ?"F _ ?.: } .?.. `.. x : ? AUG 0 6 2008 (n CAROLE S. RELY, ) PLAINTIFF ) vs. ) DANIEL P. HELP, ) DEFENDANT ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1141 CIVIL IN DIVORCE ORDER OF COURT AND NOW this X " day of (}, , 2008, upon consideration of the Petition to Enforce Payment of Arrears filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant, Daniel P. Hely, to show cause why the Plaintiff is not entitled to the relief requested; ? J 2. The Defendant shall file an Answer to this Petition 3. The Prothonotary shall forward the said Answer to this Court. 4. A hearing is hereby scheduled, to be held before the undersigned, in Court Room No. of the Cumberland County Courthouse in Carlisle, Pennsylvania, to commence at 3100 o'clock in. on the 6-tJ day of MA&,u 2008. BY THE COURT, DISTRIBUTION: ,,,8amuel L. Andes, Esquire (Attorney for Plaintiff) \ 525 North 12th Street, P.O. Box 168, Lemoyne, Pa 17043 J /eith O. Brenneman, Esquire (Attorney for Defendant) 44 West Main Street, P.O. Box 318, Mechanicsburg, PA 17055 Go a i "CC d ? c?v U LE S. RELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ?ANIEL P. RELY, Defendant NO. 06-1141 CIVIL IN DIVORCE NOTICE TO PLEAD Carole S. Hely, Plaintiff and Samuel L. Andes, Esquire P. O. Box 168 Lemoyne, PA 17043 You are hereby notified that you have twenty (20) days in which to plead to the enclosed vew Matter or a Default Judgment may be entered against you. SNELBAKER & BRENNEMAN, P. C. By: ( Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Daniel P. Hely August 22, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. LE S. HELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ; CIVIL ACTION -LAW ANIEL P. HELY, : Defendant NO. 06-1141 CIVIL IN DIVORCE ANSWER WITH NEW MATTER TO PETITION TO ENFORCE ARREARS Defendant Daniel P. Hely submits this Answer with New Matter to the Petition to Payment of Arrears as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that Defendant's salary from Appalachian Orthopedic Center, ;d. ("Appalachian") was $379,818.00. On the contrary, Defendant's gross salary was !59,818.00. Although Defendant was paid a gross bonus of $120,000 in 2007, it was paid with e understanding and upon the condition that the net amount thereof after taxes and required ;ductions, $71,852.58, would be immediately paid back to Appalachian in payment of a bstantial debt incurred by Defendant resulting from him taking excess draws in previous years )m the practice in order to pay excessive marital debt and expenses. Accordingly, it is denied at Defendant's net income for purposes determining his alimony pendente lite obligation for 07 was $269,895.00. 5. Admitted. LAW C 6. Admitted. SNELBAKER & BRENNEMAN, P.C. 7. Denied. It is denied that Defendant has underpaid the amount of alimony pendente owed to Plaintiff for the reasons set forth in Paragraph 4, the averments of which are by reference herein. 8. Denied. Paragraph 8 of Plaintiffs Petition contains an unwarranted conclusion of law which no response is required by this party pursuant to Pa.R.C.P. 1029(d). To the extent a is required, it is denied that Defendant has violated the July 12, 2006 Order of this for the reasons set forth in Paragraph 4, the averments of which are incorporated by herein. 9. Denied. The averments of Paragraph 4 and 8, above, of this Answer are incorporated reference herein. WHEREFORE, Defendant requests this Court to dismiss Plaintiffs Petition. NEW MATTER 10. Prior to the parties' separation, Plaintiff, contrary to Defendant's repeated requests insistence, continuously and habitually spent the parties' income and incurred debt for which parties became obligated to pay. 11. Prior to the parties' separation, Defendant in an effort to pay the mounting debts of marriage not otherwise payable through his substantial regular income, unilaterally took from the revenue of the orthopedic practice in which he was a member. 12. The draws taken by Defendant as described in Paragraph 11, above, were in excess the compensation he would have otherwise received as a member of the orthopedic practice (the "practice") LAW OFFICES SNELBAKER 8f BRENNEMAN, P.C. 2 13. As a result of the excess draws that Defendant took to pay marital debts, Defendant been required to reimburse the practice. 14. The gross bonus amount paid to Defendant in 2007 of $120,000 was paid on the s of and upon the condition that the net amount of such bonus after deduction of taxes and required deductions was paid back to the practice immediately upon its receipt by 15. The payment made to Defendant and back to the practice were recommended to be in that manner by the accountant engaged by the practice. WHEREFORE, Defendant requests this Court to dismiss Plaintiffs Petition. SNELBAKER & BRENNEMAN, P. C. BY: ' Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 1.7055 (717) 697-8528 August 22, 2008 Attorneys for Defendant Daniel P. Hely LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3 VERIFICATION I verify that the statements made in the foregoing Answer with New Matter are true and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ection 4904 relating to unsworn falsification to authorities. Daniel P. Hely : August 22, 2008 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH d. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Answer with New Matter to be served upon the and in the!manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS: Samuel L. Andes, Esquire P. O. Box 168 Lemoyne, PA 17043 SNELBAKER & BRENNEMAN, P.C. By. Keith O. Brenneman, Esquire Pa ID No. 47077 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Daniel P. Hely August 22, 2008 LAW OFFICES SNELBAKER BC BRENNEMAN, P.C. ? ? , ti,E ?',. l,s,± . ?'S"i ' - ;^?.7 ..rte i _.. ?,.y7 , ?•= ;:c CAROLE S. HELY, Plaintiff vs. DANIEL P. HELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1141 Civil IN DIVORCE PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW come the above-named Plaintiff, by her attorney Samuel L. Andes, and makes the following Reply to Defendant's New Matter: 10. Denied. Both of the parties spent the family income and DefendantlHusband was every bit as involved in such expenditures, and the creation of marital debt, as was Plaintiff/Wife. Husband, in fact, was the one who routinely withdrew large sums of cash from his medical practice to fund the expenditures of which he now complains. 11. Denied as stated. It is admitted that Husband took large draws from his medical practice for various reasons but it is denied such draws were taken to pay mounting debts which he could not control. 12. Denied as stated. Although the draws exceeded the compensation which the practice eventually agreed to pay Husband, that is because the medical practice unfairly and without proper justification, demanded that Husband's share of the revenue of the medical practice he reduced because of losses suffered as a result of the lack of success by one or more of the other members of the group. 13. Denied as stated. Had Husband received his full and fair share of the revenue generated by the medical practice, which should have been proportionate to the revenue he himself generated for the practice, there would have been no significant debt. The debt which he was charged by the practice resulted, in large part at least, from the decision by the practice to assign to Husband and one other physician all of the "losses" resulting from the failure of one member of the firm to generate sufficient revenue to cover that member's compensation and other expenses. 14. Denied. After reasonable investigation, Plaintiff/Wife is without sufficient knowledge to admit or deny the averments set forth in this paragraph, particularly those relating to the condition that Husband claims was placed upon his bonus payment in December of 2007, because that information is within the exclusive control of Husband and his business partners. Accordingly, Wife denies those averments and demands proof thereof at trial. Wife states, however, that the payment Husband made back to the practice, in the amount of approximately $120,000.00 in December of 2007, represented far more than any monies which Husband was "loaned" or otherwise advanced by the practice prior to the date of the parties' separation. 15. Denied for the reasons set forth in the answer to Paragraph 14 above. WHEREFORE, Plaintiff prays this court to grant her the relief requested in her Petition. ?D,, uel L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ?r D, 02.00 P, CAROLE S. HELY CERTIFICATE OF SERVICE I hereby certify that on 23 September 2008, I served a copy of the foregoing document upon counsel for Defendant by U.S. Mail, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire P.O. Box 318 Mechanicsburg, PA 17055 Samuel L. An es Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 u 21 y fV 4? c3 CAROLE S. HELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW DANIEL P. HELY, NO. 06-1141 CIVIL TERM Defendant IN DIVORCE IN RE: PETITION TO ENFORCE PAYMENT OF ARREARS ORDER OF COURT AND NOW, this 6th day of October, 2008, the pending petition is deemed withdrawn in accordance with the terms and conditions of the agreement of the parties as announced in open court and in their presence. By the Court, /Samuel L. Andes, Esquire For the Plaintiff /Keith 0. Brenneman, Esquire For the Defendant :bg l:b 7 i'Q.S m5 t l..£.cL._ l v?4?08 - .... _ s-? CAROLE S. RELY, vs. DANIEL P. RELY, Plaintiff ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1141 CIVIL TERM CIVIL ACTION - LAW STIPULATION AND NOW come the above-named parties, by their undersigned attorneys, who represent to the Court that they are authorized to make this stipulation on behalf of their clients, and stipulate and agree that the attached order be entered in this matter. , Dated: IR 66 20041 Dated: 0`'t 3`' Z C11 'C "P-C) ?) - Samuel L. Andes q1q Attorney for Carole S. Hely Keith O. Brenneman Attorney for Daniel P. Hely r-, ,. Tl w i C: D cw•: y IT CAROLE S. HELY, Plaintiff ) vs. ) DANIEL P. HELY, ) Defendant ) ORDER MAR 3 '12009 0) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1141 CIVIL TERM CIVIL ACTION - LAW AND NOW this " day of llt_ ,,,• , 2009, upon the stipulation of counsel for the parties, we hereby order and direct as follows: 1. Commencing effective February 1, 2009, the Domestic Relations Office shall charge the Defendant's account in the above matter with a monthly payment of $10,000.00. The Domestic Relations Office shall continue to keep records of the charges on the account, the payments made by or on behalf of the Defendant, Daniel P. Hely, and the disbursements of those sums to the Plaintiff, Carole S. Hely. 2. The matter of the arrearage reflected on the account in this matter as of July 12, 2006, is hereby reserved to be determined by agreement between the parties or, if necessary, as part of the litigation of the other economic claims in this case by the Divorce Master. Each party reserves unto themselves all of their rights, claims, and defenses relating to such arrearage, it being understood that the Defendant denies the arrearage is owed and that Plaintiff contends it is owed. 3. All arrearages under the order which accrued during the period between July 12, 2006, and December 31, 2007, are hereby cancelled. All arrearages and credits which have arisen under the order from January 1, 2008, through January 31, 2009, shall be determined at a later date either by the agreement of the parties or, if necessary, by further proceedings before this Court. 4. The amount to be charged the order pursuant to Paragraph 1 of this order is an estimate prepared by counsel for both parties for purposes of record-keeping by the Domestic Relations Office only. The provisions of our order of July 12, 2006, sets the amount the Defendant is to pay to Plaintiff as alimony pendente lite and the amount actually owed I Lr 341 aD `'- M r pursuant to our order of July 12, 2006, and the credits against that amount resulting from payments made by Defendant or on his behalf, shall be determined at a later date, either by the parties or by this Court. Each of the parties reserves unto themselves all rights, claims, and defenses relating to the proper calculation of that amount at some time in the future. 5. In all other respects, our orders in this matter dated July 12, 2006, and October 6, 2008, remain in full force and effect, unmodified by the terms and provisions of this Order. BY THE COURT, 14 J. DISTRjBtJTION: ,/ amuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 eith O. Brenneman, Attorney for Defendant, P.O. Box 318, Mechanicsburg, PA 17055 lAP iPS> /YL7.lL?l? ??ll ? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 06-1141 CIVIL State Commonwealth of Pennsylvania Ooriginal Order/Notice Co./City/Dirt. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 08/05/09 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: HELY, DANIEL P. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 156-38-1676 Employee/Obligor's Social Security Number APPALACHIAN ORTHOPEDIC CENTER 0890101643 1 DUNWOODY DR Employee/Obligor's Case Identifier CARLISLE PA 17013-9565 (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 n otice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Qyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 10, 000.00 per month in current spousal support $ o. oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 10 , o 0 o . o 0 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: $ 2307.69 per weekly pay period. $ s, ooo. oo per semimonthly pay period 4615.38 (twice a month) $ per biweekly pay period (every two weeks) $ 10, 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 Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic Payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 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: DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 Judge Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If is you are required to pr vide a opy of this form to your mployee. If yo r employee works in a state tha ? he dement from the state that issued this order, a copy must be provided to your employee 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/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2518297490 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 13 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:HELY, DANIEL P. EMPLOYEE'S CASE IDENTIFIER: 0890101643 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HELY, DANIEL P. PACSES Case Number 371108123 Plaintiff Name CAROLE S. HELY Docket Attachment Amount 06-1141 CIVIL$ 10,000.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMBNo.:0970-0154 Worker ID $IATT 1 rl " ? h:JI3 -6 ("e e'-` - -j ', ?? k CAROLS S. RELY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , V S. , DANIEL P. HELY, ; NO 1141 20 06 Defendant MOTION FOR APPOINTMENT OF MASTER Daniel P. Hely, Defendant ,moves the court to appoint a master with respect to the following claims: C':, ^X Divorce ^X Distribution of Property _~ ~ ~ c~ b ^ Annulment ^ Su ort ? `' ~ PP '`° -+ X^ Alimony ©Counsel Fees c;' ~ <~=" ^ Alimony Pendente Lite ©Costs and Expenses - `'= ~ ~' and in support of the motion states: - ~=~ 1. Discovery is complete as to the claims (s) for. which the appointment of a master is re~iested. ~?` 2. The defendant has appeared in the action (personally) (by his atorney,_ r" ~ ~ ~ti Keith O. Brenneman ~qulre). 3. The staturory ground (s) for divorce are ~ .r Section 3301(c), Section 3301(d) ~ 4. Delete the inapplicable paragraph (s): A ® B ^ C ^ a. The action is not contested. b. An agreement has been reached with resnect to the followine claims: None C. The action is contested with respect to the following claims: Equitable distribution, alimony, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take four (4) hours 7. Additional information, if anv, relevant to the motion: Date: August 13, 2010 Attorney for Defendant Keith O. Brenneman Print Name ORDER APPOINTING MASTER AND NOW , 20 Esquire, is appointed master with respect to the following claims: By the Court, r r CAROLE S. RELY, ) PLAINTIFF ) VS. ) DANIEL P. HELY, ) DEFENDANT ) y r UG 13 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1141 CIVIL IN DIVORCE ORDER OF COURT BY THE COURT, . 1?1'?4 AND NOW this Z St day of 2010, upon consideration of the attached Petition to Enforce, a Rule is hereby issued upon the Defendant, to show cause if any he has, why the relief requested therein should not be granted. The Rule shall be served upon Defendant's counsel of record and shall be returnable z o days from the date of ser-ice. DISTRIBUTION: amuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12" Street, F.O. Box 168, Lemoyne, PA 17043 Keith O. Brenneman, ESquire (Attorney for Defendant) 44 West Main Street, Mechanicsburg, PA 17055 i?.s m.aL?4c? P.3.. c» 1 w 6 rly Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant CAROLE S. HELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW DANIEL P. HELY, : NO. 06-1141 CIVIL Defendant : IN DIVORCE DEFENDANT'S RESPONSE TO PETITION TO ENFORCE ALIMONY PENDENTE LITE ORDER Defendant Daniel P. Hely, by his attorneys, Snelbaker & Brenneman, P. C., submits this Response to Plaintiffs Petition to Enforce Alimony Pendente Lite Order (the "Petition") as follows: 1. Admitted. 2. Admitted. 3. Denied. It is denied that Defendant's net income for the year 2009 as reflected on LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Defendant's W-2 Statement for the year was $255,071.44. It is also denied, to the extent it is expressed or implied, that Defendant's net income from the professional medical group for 2009 was $255,071.44. On the contrary, Plaintiffs calculation of net income fails to account for all taxes payable by Defendant as well as income deductions or payments by the professional group from income for required expenses payable by Defendant that include, inter alia, life insurance payments for coverage provided for Plaintiffs benefit that she insisted be paid in such a manner. 4. Denied. The averments of Paragraph 3, above, are incorporated by reference herein. 5. Denied. It is denied that Plaintiff is owed any balance for 2009 for the reasons set forth in Paragraph 3, the averments of which are incorporated by reference herein. 6. Denied. The averments of Paragraph 3, above, are incorporated by reference herein. 7. Denied. It is denied that the Order of July 12, 2006 provides as alleged in Paragraph 7 of Plaintiffs Petition. Byway of further response, Paragraph 2 of the parties' Stipulation, which was incorporated into the Court's Order of July 2006, being in writing, speaks for itself. 8. Denied. Defendant is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 8 of Plaintiffs Petition; therefore, same are deemed to be denied, 9. Denied. Defendant is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 9 of Plaintiffs Petition; therefore, same are deemed to be denied. 10. Denied. The averments of Paragraphs 7, 8 and 9, above, are incorporated by reference herein. 11. Admitted. 12. Denied. It is denied that Defendant has any obligation to pay Plaintiff any alimony LAW OFFICES SNELBAKER & BRENNEMAN, P.C. pendente lite on the basis of "historic income"; accordingly, it is denied that Defendant was to pay Plaintiff by July 16, 2010 $69,081.84. -2- 13. Denied. It is denied that Defendant owes any arrearage to Plaintiff under the July 12, 2006 Order, or otherwise, as of July 16, 2010. 14. Paragraph 14 of Plaintiffs Petition, being a statement of Plaintiffs "desires" is denied on the basis that Defendant lacks sufficient information to form a belief as to the truth of such an assertion. 15. Admitted. 16. Admitted. WHEREFORE, Defendant requests this Court to deny and dismiss Plaintiffs Petition To Enforce Order For Alimony Pendente Lite. SNELBAKER & BRENNEMAN, P. C. BY: Il Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Daniel P. Hely Date: September 10, 2010 -3- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Response to Plaintiffs Petition to Enforce Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Daniel P. Hely Date: September 10, 2010 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Defendant's Response To Petition To Enforce Alimony Pendente Lite Order to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. BOX 168 Lemoyne, PA 17043 SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Daniel P. Hely Date: September 10, 2010 LAW OFFICES SNELSAKER & BRENNEMAN, P.C. 1 F THE ROTHONOTICE ARY 2011 NOV 18 PM 1: 22 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Daniel P. Hely CUMBERLAND COUNTY MONSYLVANIA S. RELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CI'ViL ACTION - LAW NO. 06-1141 CIVIL P. RELY, Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Dan Regan as attorney for Defendant Daniel P. Hely in the above matter. Date: 41VVez3Gn- Dan Regan, Esquire PRAECIPE TO ENTER APPEARANCE THE PROTHONOTARY: Please enter the appearance of Keith U. Brenneman, Esquire as attorney fbr Defendant Daniel P. in the above matter. LAW OFFICES SNELBAKER & BRENNEMAN, P.G. ?i rjw.?sZt 104, A.011 SNELBAKER & BRENNEMAN, P. C. By. Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Daniel P. Hely a 2 P"lIG -9 PM 12: 5 CAROLE S. RELY, Plaintiff l vs. ) DANIEL P. HELY, ) Defendant ) JMBERLANU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 06-1141 - CIVIL TERM. IN DIVORCE ENT FF A ?T OF CON 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 28 February 2006 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sectiot1490+rolatizag to unworn falsification to authorities, k-1 it /' -9- 9 August 2012 J ' '' mUG -9 P !2; .,'U i3 Ef-41 ANA) Uu .r. . CAROLE S. RELY, Plaintiff ) VS. ) DANIEL P. RELY, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1141 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 28 February 2006 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(ccj OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 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. Section 4904 relating to unworn falsification to authorities. //00, (/ lle--," 9 August 2012 D P. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROLE S. HELY ~ Docket Number: 06-1141 CIVIL Plaintiff ) vs. ~ PACSES Case Number: 371108123 DANIEL P. RELY Defendant ~ Other State ID Number: Order , iW AND NOW to wit, this AUGUST 13, 2012 it is hereby Ordered thy' --t -~.:. ~_ :s= -+. P,....'. -~ L~., Pursuant to the parties' Property Settlement Agreement of August 9, 2012, the Alimony Pendente Lite order is vacated, effective July 12, 2012 with no balance due the Petitioner. BY THE COURT: ~. r^ ,,a t_;;a «-:::~ :~, _ ~ :. :~~ ;.. v r-.- ~c :~: W -'o '~ ~ i JUDGE Form 0E-520 0/11 Service Type M Worker ID 2120 INCOME WITHHOLDING FOR SUPPORT ^ "~ Q ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT (IWO) ' Q AMENDED IWO ~'i~% - i ! !.r-! ~-1 V, Q ONE-TIMEORDERINOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO Date: C18/ ^ Child Support Enforcement (CSE) Agency ® Court ^ Attorney ^ Private Individual/Entity (Check One) NOTE: This IWO must be~rpgu~ar ~rty~ face. Under certain circumstances you must reject this IWO and return it to the sender ( ee IWO instructions httD~!/www acf hhs oov/oroorams/cse/newhire/emulover/publication/publication htm -forms). If you receive this docur~nent from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. ' __ State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 0890101643 ' CitylCountylDist.fTribe CUMBERLAND Order Identifier: (See Addendum for order/docket Informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) i i APPALACHIAN ORTHOPEDIC CENTER 1 DUNWOODY DR CARLISLE PA 17013-9565 Employer/Income Withholder's FEIN 251829749 _ Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: HELY, DANIEL P. Employee/Obligor's Name (Last, first, Middle) Middle) NOTE: This IWO must be regular o its face. Under certain circumstances you ust reject this IWO and return it to the sende (see IWO instructions htto://www.acf.hhs. v/ ro r ms/c !n white! em~oyerlpublicati n/ li i n.ht - f rm . If you receive this document from so eone other than a State or Tribal CSE agency r a Court, a copy of the underlying order must a attached. 2518297490 See Addendum for dependent names and birth dates associated with cases on ORDER INFORMATION: This document is based on the support or withholding order from C Commonwealth of Pennsylvania (StatelTribel. You are required by law to deduct these amou obligor's income until further notice. $ 0.00 per month in current child support $ 0.00 per month in past-due child support -Arrears 12 weeks or greater? $ 0.00 per month in current cash medical support $ 0.00 per month in past-due cash medical support $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month in other (must specify) for a Total Amount to Withhold of $ 0.00 per month. P4c,~~ee/ ~s ~'~ , ~{ r.-. _ -, C~ ~' ~=~", `~= ~. ~;~ AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: 'I $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twig a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Comm nweal of Penns~rlvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 10 working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay da e. If you cannot withhold the full amount of support 'for any or all orders for this employee/obligor, withhold up to 5% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time require ents, and any allowable employer fees at http://www acf hhs c~ov/programs/cse/newhire/employer/contacts/contac mad htm for the employee/obligor's principal place of employment. ', Document Tracking Identifier 156-38-1676 _ Employee/Obligor's Social Securi y Number (See Addendum for plaintiff na es associated with cases on attac ment) Custodial Party/Obligee's Name ( ast, First, ~~ ~<,> .~" O y~~ r~? Z o ~, Tom' ~ ~... OMB No.: 0970-0154 Form EN-028 OI6/12 Service Type M Worker ID $IAT'T ^ Return to Sender [Completed by Employer/income Withholder). ~*ayment sr7ust tse t;iirei,t~U CF c1f ;al,~t.J accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below),. if payment is rlot directed to an SDU/Tribal Payee or this IWO is not regular can its face, yon; rnerst check this box and return the IWfJ tct the sender. Signature of Judge/Issuing Official (if required by State or "Tribal iaw) _ , Print Name of Judge/Issuing Official; .M~j"; ~~. Title of Judge/Issuing Official: Date of Signature: If the employeelobligortyorks in a State or for a Tribe that is different from the State car Tribe that issued this order, a t~apy ::,f this IWC must be provided to the employee/obligor. ^ If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERSIINCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case ldentf~er) OR SOCIAL SECURITY NUMBER /N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http~//www acf hhs gov/programs/cse/newhire/em Foyer/contacts/contact map htm Priority: Withholding for support has priority over any other legal process under State iaw against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor ail IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. __'~_____ Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05131/2014. The OMB Expiration Date has no bearing on the termination date of the IWO: '.t ,dentifes the version of the town currently in use. Farm EN-028 06/1 Service Type M Page 2 of 3 'dVorker ID $IATT Employer's Name: APPALACHIAN ORTHOPEDIC CENTER _ Employer FEIN: 251829749 Employee/Obligor's Name: HELP, DANIEL P. _ .0890101643 CSE Agency Case Identifier: See Addendum for case summary) Order Identifier. (See Addendum for order/dock~+t information) Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place'pf employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory dedu tions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal li it is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not su porting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permitte by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit i dicated in this section. !, For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal emp yers/incon withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdicti n in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S. .1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premium in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, th~n the Employer should calculate the CCPA limit using the lower percentage. 'I Additional Information: i NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for yo no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency andlor the sen returning this form to the address listed in the Contact Information below: 25 Q This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. ~, I Please provide the following information for the employee/obligor: ~ Termination date: _ _ Last known phone number: or you are er by s297a9o Last known address: Final Payment Date To SDU/Tribal Payee: _ Final Payment Amount: New Employer's Name: _ ~ New Employer's Address: _ CONTACT INFORMATION: To Employerllncome Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at 717 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, P.O. BOX 320. CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at 717 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.: 0970-0154 Service Type M Page 3 of 3 Form EN-028 Worker ID $IA A[~DENDUNI Summary of Cases on Attachment. Defendant/Obligor: RELY, DANIEL F`. PACSES Case Number 371108123 F?ACSES Case Number Plaintiff Name Plaintiff_Na__m__e_ CAROLE S. HELY Docket Attachment Amount Docket Attachment Amount 06-1141 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name ~~ Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 06/12 Service Type M ~rnarvo. oylo-o,s~: Worker ID $IATT documents, the execution of this Agreement, and the vacation of the appointment of the Divorce Master, Wife's attorney shall file a Praecipe to Transmit the Record and conclude the divorce. Both parties shall cooperate and cause their attorneys and others to cooperate so that the divorce can be concluded expeditiously after the execution of this Agreement. 17. RELEASE. Each party does hereby waive, relinquish, and release any claim they have against the other for bank accounts, stocks, bonds, and other and similar investment assets which are now owned by or in possession of the other, regardless of whether such assets were owned by the parties jointly or separately prior to the date of this agreement. Each party hereto does hereby waive and release any claim they may have under the laws of the Commonwealth of Pennsylvania for the equitable distribution or the other division of such assets or any claim to them as marital property. 18. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 19. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 20. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. IiIA Witness DANIEL P, HE' Y /7 4% .............Iss , 'd Witness CAROLE S. RELY Page 12 of 13 x e / Balance Balance December 2005 October 2011 PNC Bank $27,895 -0- . M&T Bank $61,098 $13,000 AES (student loan) $11,000 $1,213 Great Lakes (student loan) $27,638 $7,281 �v ACS (student loan) $184,000 $164,026 John Stratis $141,272 $ 33.784 Total: $452,903 $219,304 CAROLE S. HELY V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL P. HEL1~' Np. 06-1141 DIVORCE DECREE AND NOW, Gt,`i~,v I6 Zoe Z , it is ordered and decreed that CAROLE S. HELY ,plaintiff, and DANIEL P. HELY ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None." I NONE By the Court, Atte J. Prothonota \1 / ~ ~r~o ~ c e £~" ~ o~o~ rid ~ G~ ~ '`z`° ,°`,; ~~~:- r. ;~-.