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Home My WebLink About06-3368RAQUEL R. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD M. WERT, : 2006 - 33 / le ej„1 crF+ Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RAQUEL R. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD M. WERT, : 2006 - 33 (08 c) vi 14* r^ Defendant : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) AND (d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Raquel R. Wert, by and through her attorneys, Irwin & McKnight, and files this complaint in divorce against the Defendant, Richard M. Wert, representing as follows: 1. The Plaintiff is Raquel R. Wert, an adult individual residing at 598 Mountain Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Richard M. Wert, an adult individual residing at 598 Mountain Road, Newville Cumberland County, Pennsylvania 17241. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and Defendant were married on June 22, 1997 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Section 3301(c) and (d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT By: Doug as . Miller, squire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 717-249-2353 Date: June , 2006 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. Lkqjw-,?I Z&? QUEL R. RT Date: Lo/i3/o4o S ? C ? b ?'- f 3 n ?.- hJ t) 7 "'fl -i'. r-? f_ -? _?- T " ;i i ?? G) I'- -?7 ___ r 1'??t ._. r ) .. _i r? ?,; RAQUEL R. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD M. WERT, : 2006 - 3368 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. I, Rc??_?le?l k. We1--?- , being sworn according to law, deposes and says that I am allcompetent adult over 18 years of age; that I served a certified copy of the Divorce Complaint upon the Defendant, Richard M. Wert, by personally handing him a true and correct copy thereof and informing him of its contents at 501 S Mo u-n4aa n (,, Nfuw u, I le- on 11u.ne_ jj-la 20o(.e at 5',-1,C) o'clock -R--m. Deponent further avers that at the time of such service the Defendant identified him to deponent. Sworn to and subsc/ fibed, Before me this 'Y`N) Day of 2006 Y"A Not Public jhT11 OF Peawsnv ,,,e ewc +a?uar Mer"ber• PsnoeyHank Aseoasibn of NahMs y?? ?- C,-- ?= T .... C- ?l r=_ t` r! _r. i N ?; ti'. .. ' (': ` ? ..=1?? R. WERT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-3368 CIVIL TERM M. WERT CIVIL ACTION -LAW Defendant : IN DIVORCE ENTRY OF APPEARANCE enter the appearance of the undersigned as counsel for the Defendant, Richard M. Wert, the above-captioned matter. Respectfully submitted, ABOM & KUTUL.AKLS, LLP DATE D Kara W. Haggerty, E 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 86914 ti c' - ?_ r, ?,? ? --??? -, ' ` } , : '? s < : f ' °- _ ,,_ ;., 4v RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-3368 CIVIL TERM RICHARD M. WERT CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S CLAIMS FOR ECONOMIC RELIEF AND NOW, comes the Defendant, Richard M. Wert, by and through her attorney, Kara W. Haggerty, Esquire, of Abom & Kutulakis, LLP, and files these Claims for Economic Relief as follows: COUNT I - EQUITABLE DISTRIBUTION 1. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from June 22, 1997, until the present, which property is "marital property". 2. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 3. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, the Defendant requests This Honorable Court to equitably divide all marital property. Respectfully submitted, ABOM & KUTULAKis, LLP Date: _61X ©6 for Defendant Attorney I.D. # 86914 36 South Hanover Street Carlisle, PA 17013 V CERTIFICATE OF SERVICE AND NOW, this .P lay of SUnL-2006, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing DEFENDANT'S CLAIMS FOR ECONOMIC RELIEF upon the following: Douglas Miller, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Via First-Class Mail Respectfully submitted, ABOM & KumLAK s, LLP Date: e lol"a Kara W. Haggerty Attorney for Defen ant Attorney I.D. # 86914 36 South Hanover Street Carlisle, PA 17013 0 O c °7 7 RAQUEL R. WERT, Plaintiff V. RICHARD M. WERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2006 --00' 33108 : IN DIVORCE RESPONSE TO RULE TO SHOW CAUSE AND NOW this 8 h day of September, 2006, comes the Plaintiff, RAQUEL WERT, by and through her attorneys, Irwin & McKnight, and respectfully files this Answer to the Defendant's Rule to Show Cause Pursuant to Pa.R.C.P. § 1910.26(a), and in support thereof avers as follows: 1. The averments of fact contained in paragraph one (1) of the Petition are admitted. 2. The averments of fact contained in paragraph two (2) are admitted. 3. The averments contained in paragraph three (3) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant/Petitioner admitted in a second child support conference held on September 6, 2006, that he does not have either primary physical custody or shared physical custody of the parties' child, nor does he even have a sufficient number of overnights to warrant a deviation under the current child support guidelines. 4. The averments of fact contained in paragraph four (4) are admitted. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are admitted. By way of further answer, on or about June 30, 2006, Defendant/Petitioner excluded Plaintiff/Respondent and her children from the marital residence and since that date the child continues to be in the primary physical custody of the Plaintiff/Respondent. 7. The averments contained in paragraph seven (7) are specifically denied and strict proof thereof is demanded. By way of further answer, Defendant/Petitioner admitted in a second child support conference held on September 6, 2006, that he does not have either primary physical custody or shared physical custody of the parties' child, nor does he even have a sufficient number of overnights to warrant a deviation under the current child support guidelines. The averments contained in paragraph seven (7) are completely false, serve no legitimate purpose, and represent frivolous, dilatory, obdurate, and vexatious conduct in violation of 42 Pa.C.S.A. § 2503 and Pa.R.C.P. Rule 1023.1. 8. The averments of fact contained in paragraph eight (8) are specifically denied and strict proof thereof is demanded. By way of further answer, Defendant/Petitioner admitted in a second child support conference held on September 6, 2006, that he does not have either primary physical custody or shared physical custody of the parties' child, nor does he even have a sufficient number of overnights to warrant a deviation under the current child support guidelines. The averments contained in paragraph eight (8) are false, serve no legitimate purpose, and represent frivolous, dilatory, obdurate, and vexatious conduct in violation of 42 Pa.C.S.A. § 2503 and Pa.R.C.P. Rule 1023.1. 9. The support order referenced as Exhibit "D" in paragraph nine (9) speaks for itself and therefore no further response is required. 10. The averments contained in paragraph ten (10) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant/Petitioner admitted in a second child support conference held on September 6, 2006, that he does not have either primary physical custody or shared physical custody of the parties' child, nor does he even have a sufficient number of overnights to warrant a deviation under the 2 current child support guidelines. The averments contained in paragraph ten (10) are completely false, serve no legitimate purpose, and represent frivolous, dilatory, obdurate, and vexatious conduct in violation of 42 Pa.C.S.A. § 2503 and Pa.R.C.P. Rule 1023.1. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant/Petitioner admitted in a second child support conference held on September 6, 2006, that he does not have either primary physical custody or shared physical custody of the parties' child, nor does he even have a sufficient number of overnights to warrant a deviation under the current child support guidelines. The averments contained in paragraph eleven (11) are completely false, serve no legitimate purpose, and represent frivolous, dilatory, obdurate, and vexatious conduct in violation of 42 Pa.C.S.A. § 2503 and Pa.R.C.P. Rule 1023.1. It is believed and therefore averred that it is Defendant/Petitioner that should be held responsible for sanctions in the form of attorney fees incurred by Plaintiff/Respondent. WHEREFORE, Respondent, Raquel R. Wert, respectfully requests this Honorable Court to enter a judgment in her favor and against Petitioner in this matter, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just Respectfully submitted, IRWIN & McKNIGHT r .4 kY. 114. By: Dougl G. Afier, squire Supre a Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 717-244-2353 Date: September 8, 2006 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. r a QUEL R. WE Date: September 8. 2006 RAQUEL R. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RICHARD M. WERT, : 2006 -40542-3Slo 8 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: KARA W. HAGGERTY, ESQUIRE ABOM & KUTULAKIS, LLP 36 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: September 8, 2006 IRWIN & McKNIGHT r Douglas t-Miller, Esquire Supeme urt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 thj O C-- 1:t1 -n rJ ' 1 ti -) . rn . it ' f? RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-3368 CIVIL TERM RICHARD M. WERT CIVIL ACTION -LAW Defendant IN DIVORCE ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for the Defendant, Richard M. Wert, in the above-captioned matter. DATE Date Respectfizlly submitted, ABOM & KUTULA"S, LLP Kara W. Haggerty, 36 S. Hanover Stre Carlisle, PA 17013 (717) 249-0900 ID No. 86914 t Michelle L. Somme squire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 C7 C.-D CD -fp fTi -,tip 71 A eUT OMS? U12zS adwo- 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 RICHARD WERT, Plaintiff V. RAQUEL WERT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4539 IN CUSTODY CIVIL ACTION - LAW IN CUSTODY RAQUEL WERT, Plaintiff V. RICHARD WERT, . Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-3368 IN DIVORCE CIVIL ACTION - LAW IN DIVORCE AND NOW, this 18' day of May, 2007, comes the Petitioner, ABOM & KUTULAKIS, L.L.P., by Kara W. Haggerty, Esquire, and Michelle L. Sommer, Esquire, and files this Petition for Rule to Show Cause, and represents as follows: 1. Petitioners are Kara W. Haggerty, Esquire, and Michelle L. Sommer, Esquire attorneys for Richard Wert, with offices at 36 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Raquel Wert, who is represented by Douglas Miller, Esquire, of Irwin & McKnight, 60 West Pomfret Street, Carlisle, PA 17013. 3. Respondent, Richard Wert, resides at 598 Mountain Road, Newville, PA 17241. 4. Petitioners were retained on or about March 3, 2006, to represent Richard Wert in the above-captioned actions. 5. The parties presently have a Court Order signed by judge Oler on October 2, 2006, based on a custody conciliation that was held on September 21, 2006. 6. The parties are presently engaged in a divorce proceeding. 7. Petitioners drafted various pleadings in relation to the above-referenced custody and divorce matters, as well as engaged in correspondence with opposing counsel. 8. Richard Wert has not paid Petitioners in full for services rendered by the law firm to date. Although Petitioner has attempted to correspond with Richard Wert about his account and additional proceedings, those efforts have been unsuccessful. 9. Petitioners believe and therefore aver that Richard Wert has had adequate time to find substitute counsel and that neither party will be prejudiced should the court grant Petitioners' request herein. WHEREFORE, Petitioners respectfully requests This Honorable Court enter a Rule upon the Respondents to show cause why Petitioners should not be permitted to withdraw from this case as counsel for Richard Wert. Respectfully Submitted, Date: Kara W. Haggerty, Attorney ID #8691 36 South Hanover Street Carlisle, PA 17013 Petitioner t Date: a' Michelle L. So er, Esquire Attorney ID #93034 36 South Hanover Street Carlisle, PA 17013 Petitioner ABOM & KUTULAI"S? L. L. P. VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in foregoing Petition for Rule to Show Cause are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unsworn falsification to authorities. DAB 05 118 Im Kara W. Haggerty,. Attorney ID #8691 VERIFICATION I, Michelle L. Sommer, Esquire, verify that the statements made in foregoing Petition for Rule to Show Cause are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unsworn falsification to authorities. DATE ( Icy & I Y? VV%-L 11 h(Alinfifit 41 rn J - '& I IA IV Michelle L. Sommer, Esquire Attorney ID #93034 CERTIFICATE OF SERVICE AND NOW, this 18`x' day of May 2007, I, Kara W. Haggerty, Esquire, and Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that we did serve a true and correct copy of the foregoing Petition for Rule to Show Cause, upon Richard Wert and Raquel Wert's counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Via Certified Mail - Return Receipt Requested.- Richard M. Wert 598 Mountain Road Newulle, PA 17241 Via regular mail.Douglas Miller, Esquire Irwin & McKnight 60 Kest Pomfret Street Carlisle, PA 17013 Kara W. Haggerty J I/ L=L-u Michelle L. Sommer, Esquire ,'cad " CIO .sw RICHARD WERT, Plaintiff V. RAQUEL WERT, Defendant "Y MAY 212007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4539 IN CUSTODY CIVIL ACTION - LAW IN CUSTODY RAQUEL WERT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO. 06-3368 IN DIVORCE RICHARD WERT, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this Z Z day of 2007, upon petition of Kara W. Haggerty, Esquire, and Michelle L. Sommer, Esquire, a Rule is hereby issued upon the parties to show cause why the Petitioners should not be permitted to withdraw as counsel for Richard Wert. Rule returnable 1-0 days after the date of service of this Order. Service to be by certified mail upon Richard Wert and upon Raquel Wert's attorney of record, Douglas Miller, Esquire BY THE COURT: 1 ? :11 d- v' U ik V", i>J 1. 0 0Z c! _i1 J -1 -0 -ABom & LITULAKIS 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 RICHARD WERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-4539 IN CUSTODY RAQUEL WERT, CIVIL ACTION - LAW Defendant IN CUSTODY RAQUEL WERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-3368 IN DIVORCE RICHARD WERT, CIVIL ACTION - LAW Defendant IN DIVORCE PETITION TO MAKE RULE ABSOLUTE 1. Undersigned counsel filed a Petition For Rule to Show Cause on May 18, 2007. 2. This Honorable Court issued an Order of Court for Rule to Show Cause on the parties herein on May 22, 2007. (Attached as Exhibit "A".) 3. As of June 5, 2007, no Answer was entered by either party. WHEREFORE, Petitioners respectfully requests This Honorable Court enter an Order making the Rule Absolute and granting Petitioners permission to withdraw as counsel for the Respondent. Respectfully Submitted, Awm & KUTULAKIs, L. L. P. Date: Oln OU ,1 1,41kUD. Kara W. Hagge qui Attorney ID #86 36 South Hanover Street Carlisle, PA 17013 Petitioner Date: Lk Q Iwo Michelle L. Som r, Esquire Attorney ID #93034 36 South Hanover Street Carlisle, PA 17013 Petitioner VERIFICATION I, Kara W. Haggerty, Esquire, verify that the statements made in foregoing Petition for Rule to Show Cause are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE P/01a, in -I ?Iz Kara W. Haggerty I Attorney ID #869 4 VERIFICATION I, Michelle L. Sommer, Esquire, verify that the statements made in foregoing Petition for Rule to Show Cause are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE Odu ID- &Wt?L- I=n2 - Michelle L. S er, Esquire Attorney ID #93034 CERTIFICATE OF SERVICE AND NOW, this LOU' day of June 2007, we, Kara W. Haggerty, Esquire, and Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that we did serve a true and correct copy of the foregoing Petition To Make Rule Absolute, upon Richard Wert and Raquel Wert's counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Via Certified Mail -Return Receipt Requested: Richard M. Wert 598 Mountain Road Newville, PA 17241 Via regular mail.• Douglas Miller, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Michelle L. So mer, Esquire Q J CT t T CID if oM & U ULAKIS 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 RICHARD WERT, Plaintiff V. RAQUEL WERT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4539 IN CUSTODY CIVIL ACTION - LAW IN CUSTODY RAQUEL WERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-3368 IN DIVORCE RICHARD WERT, CIVIL ACTION - LAW Defendant IN DIVORCE TO THE HONORABLE J. WESLEY OLER, JR, JUDGE OF SAID COURT: 1 Undersigned counsel filed a Petition To Make Rule Absolute following an Order of Court dated May 22, 2007, issuing a Rule to Show Cause on undersigned counsel's Petition to Withdraw as Counsel. 2. The Honorable J. Wesley Oler, Jr., has previously ruled on custody and undersigned counsel's Petition to Withdraw as Counsel. I 1 3. Undersigned counsel contacted Douglas Miller, Esquire, attorney for Plaintiff/ Respondent, who indicated that he does not oppose counsel's request to withdraw as counsel. 4. As of June 5, 2007, no Answer was entered by either party. WHEREFORE, Petitioners respectfully requests This Honorable Court enter an Order making the Rule Absolute and granting Petitioners permission to withdraw as counsel for the Respondent. Respectfully Submitted, Date: 0 DIP 0 7 A om & KUTmcus, L. L. P. Kara W. Haggerty, uire Attorney ID #86 36 South Hanover Street Carlisle, PA 17013 Petitioner Date: V? Michelle L. So r, Esquire Attorney ID #93034 36 South Hanover Street Carlisle, PA 17013 Petitioner ii CERTIFICATE OF SERVICE AND NOW, this - ? day of July, 2007, I, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P. hereby certify that I did serve a true and correct copy of the foregoing Amendment To Petition To Make Rule Absolute, upon Richard Wert and Raquel Wert's counsel by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Via Certified Mail - Return Receipt Requested Richard M. Wert 598 Mountain Road Newt ille, PA 17241 Via regular maik Douglas Miller, Esquire Irwin & McKnight 60 Kest Pomfret Street Carlisle, PA 17013 Ktat, Kara W. Haggerty r.a cl RAQUEL R. WERT, Plaintiff V. RICHARD M. WERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2006 -4est2----- 33 : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Petitioner, Raquel E. Wert, by and through her attorneys, Irwin & McKnight, and petitions the Court as follows: 1. Petitioner is the above-named Plaintiff, Raquel E. Wert, an adult individual currently residing at 78 C.V.E., Newville, Cumberland County, Pennsylvania 17241. 2. Respondent is the above-named Defendant, Richard M. Wert, an adult individual currently residing at 598 Mountain Road, Newville Cumberland County, Pennsylvania 17241. 3. Petitioner is recently employed full time at Allen Distribution where she earns $10.50 per hour. 4. Respondent continues to be employed full time at Highlands Tire & Service where, upon information and belief, he earns $16.50 per hour. 5. Petitioner is unable to support herself in the lifestyle to which she has been accustomed during the marriage of the parties. 6. Petitioner is in need of alimony pendente lite in order to support herself and her children. 7. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner and to pay alimony pendente lite to Petitioner. WHEREFORE, for the above reasons, Petitioner, Raquel Wert, respectfully requests this Honorable Court to enter an Order of Alimony Pendente Lite in this matter in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & McKNIGHT By: Douglas Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff/Petitioner, Date: December 9, 2008 Raquel E. Wert 2 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. RA UE . W Date: DECEMBER 9, 2008 c. d 6 ?F 7 ? 'tryi t :yf7l ?o 'ot -W In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 0&' 3364 RAQUEL R. WERT ) Docket Number 04--Fr" CIVIL Plaintiff ) VS. ) PACSES Case Number 316110532 RICHARD M. WERT ) Defendant ) Other State ID Number ORDER OF COURT You, RAQUEL R. WERT plaintiff/defendant of CIO SHARON KIRBY, 78 C V E, NEWVILLE, PA. 17241-1106-78 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 JANUARY 28, 2009 at 1.0: 3 0AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 - 4L_ WERT V. WERT PACKS Case Number: 316110532 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: I k -?k- 04% JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND 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-509 Rev. Service Type M Worker ID 21302 N r? hi } ..Y? r yl ?.?y^ 1 `i l •?.-? co r1, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION OU - 330 ? RAQUEL R. WERT ) Docket Number 4-44a CIVIL Plaintiff ) VS. ) PACSES Case Number 316110532 RICHARD M. WERT ) Defendant ) Other State ID Number ORDER OF COURT You, RICHARD M. WERT plaintiff/defendant of 598 MOUNTAIN RD, NEWVILLE, PA. 17241-8673-98 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 JANUARY 28, 2009 at 10 : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 Y , WERT V. WERT PACSES Case Number: 316110532 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: 11 A I -()A 4 ; ;.0 4?1 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND 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 comply with the Americans with Disabilities Act of 1990. For facilities and reasonable accommodations available to disabled before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 made at least 72 hours prior to any hearing or business before the scheduled hearing. Service Type M Page 2 of 2 County is required by law to information about accessible individuals having business All arrangements must be court. You must attend the Form CM-509 Rev. 1 Worker ID 21302 } -17 RAQUEL R. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 922108404 Defendant DOCKET NO. 542 SUPPORT 2006 RICHARD M. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RAQUEL R. WERT, PACSES NO. 059108503 Defendant DOCKET NO. 677 SUPPORT 2006 RAQUEL R. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 316110532 Defendant/Respondent DOCKET NO.2006-3368 CIVIL INTERIM ORDER OF COURT AND NOW, this 29th day of January, 2009, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. Effective November 5, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his child, Tyler E. Wert, born January 5, 2001, the sum of $150.00 per month. B. Effective December 9, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $60.00 per month. C. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on arrearages until paid in full. D. The Husband shall provide health insurance coverage for the benefit of said child as is available through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 57% by Defendant and 43% by Plaintiff. F. The Husband's complaint for support is dismissed. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, to - Edwar ? 35 Cc: Raquel R. Wert Richard M. Wert Douglas G. Miller, Esquire For the Plaintiff DRO RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 922108404 Defendant DOCKET NO. 542 SUPPORT 2006 RICHARD M. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RAQUEL R. WERT, PACSES NO. 059108503 Defendant DOCKET NO. 677 SUPPORT 2006 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 316110532 Defendant/Respondent DOCKET NO. 2006-3368 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on January 28, 2009, the following report and recommendation are made: FINDINGS OF FACT 1. The Wife is Raquel R. Wert, who resides at 78 Country View Estates, Newville, Pennsylvania. 2. The Husband is Richard M. Wert, who resides at 598 Mountain Road, Newville, Pennsylvania. 3. The parties were married on June 21, 1997. 4. The parties are the parents of Tyler E. Wert, a minor child born January 5, 2001. 5. The parties separated on or about August 24, 2008. EXHIBIT "A" 6. On November 5, 2008 the Wife filed a complaint for child support against the Husband. 7. On December 9, 2008 the Wife filed a petition for alimony pendente lite in the divorce action. 8. On January 15, 2009 the Husband filed a complaint for spousal support and child support. 9. The parties share physical custody of their son equally. 10. The Wife is employed by Allen Distribution where she earns $11.00 per hour for a 40 hour work week. 11. The Wife has an older child to a prior relationship in her custody. 12. The Wife is currently residing in the home of her parents. 13. The Wife pays $90.45 bi-weekly for health insurance coverage on herself and her two children. 14. The Wife's tax filing status is married/separate, and she claims her older son as a dependency exemption. 15. The Husband is employed by Zane R. Highlands', Inc. as a mechanic. 16. The Husband earns $16.50 per hour for a 40 hour work week. 17. The Husband pays $37.98 weekly for health insurance coverage on himself and Tyler. 18. The Husband has a $231.00 weekly deduction for a tool expense but is reimbursed $212.52 of that amount. 19. The Husband files his federal income tax return as head of household and claims Tyler as a dependency exemption. 20. The Husband continues to reside in the marital residence. 21. Ownership of the residence, although acquired during the marriage, is in the Husband's name alone. 22. The Husband pays a mortgage of $1,100.00 per month, annual real estate taxes of $2,300.00, and annual homeowners' insurance premiums of $200.00 on the marital residence. 2 DISCUSSION Both parents have an obligation to support their children in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). The Wife has gross weekly income of $440.00, or $1,907.00 per month. Filing her federal income tax return as married/separate and claiming her older child as a dependency exemption, she has net monthly income for support purposes of $1,772.00.1 The Husband is employed as a mechanic earning $16.50 per hour for a 40 hour work week. He has a $231.00 deduction from his pay for a tool expense, but is reimbursed $212.52 of that amount. Filing his federal income tax return as head of household with his son claimed as a dependency exemption results in net monthly income for support purposes of $2,332.00.2 With combined net monthly income of $4,104.00 the basic requirement for the support of one child is $860.00 per month.3 The Defendant's proportionate share of that amount is $489.00 per month. The adjustments for shared custody and health insurance coverage reduce the monthly support obligation under the guidelines to $281.00 per month a Pa. R.C.P. 1910.16-6(e) provides, in part, as follows: If the obligor is occupying the marital residence and the mortgage payment exceeds 25% of the obligor's monthly net income (less any amount of spousal support, alimony pendente lite or child support the obligor is paying), the court may make an appropriate downward adjustment in the obligor's support obligation. For purposes of this subdivision, the term "mortgage" shall include first mortgages, real estate taxes and homeowners' insurance and may include any subsequent mortgages, home equity loans and any other obligations incurred during the marriage which are secured by the marital residence. The Husband is the obligor, and he is occupying the marital residence. Although ownership of the residence is in the Husband's name alone, the property was acquired during the marriage and constitutes marital property. His payment of the mortgage must be considered in this support action. The mortgage, real estate taxes, and homeowners' insurance combine for an average monthly obligation of approximately $1,308.00. This represents 56% of the Husband's net monthly income, well above the 25% threshold set forth in the order. Under the circumstances justice and fairness warrant a downward adjustment in the support obligation.5 A recommendation is made that the Husband pay child support in the amount of $150.00 per month. 1 See Exhibit "A" for the tax credits to and deductions from gross income. 2 See Exhibit "A" for the tax credits to and deductions from gross income. 3 See Pa. R.C.P. 1910.16-3. 4 See Exhibit "A" for the guideline calculation. 5 See Explanatory Comment - 2006 to Pa. R.C.P. 1910.16-6. Because the Husband has been given credit for his share of custody in the calculation of his child support obligation, no monetary award of child support is due to him from the Wife. Because his net monthly income exceeds that of his Wife's, no spousal support is warranted under the guidelines. The Wife has filed a claim for alimony pendente lite. In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), appeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). After careful consideration of the evidence presented, in the opinion of this Master an award of alimony pendente lite is found to be appropriate. With the net monthly incomes as set forth above and a support obligation for one child, the Defendant's obligation for alimony pendente lite is set at $60.00 per month. 4 RECOMMENDATION A. Effective November 5, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his child, Tyler E. Wert, born January 5, 2001, the sum of $150.00 per month. B. Effective December 9, 2008 the Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $60.00 per month. C. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on arrearages until paid in full. D. The Husband shall provide health insurance coverage for the benefit of said child as is available through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 57% by Defendant and 43% by Plaintiff. F. The Husband's complaint for support is dismissed. D4V Michael R. Rundle Q Support Master 5 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Raquel R. Wert Defendant Name: Richard M. Wert Docket Number: 542 S 2006 PACSES Case Number: 922108404 Other State ID Number: Tax Year: Current: 2008 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Head of Household Married Filing Separately 3. Who Claims the Exemptions Customize 4. Number of Exemptions 2 2 5. Monthly Taxable Income $2,860.00 $1,906.70 6. Deductions Method 7. Deduction Amount $666.67 $454.17 8. Exemption Amount $583.34 $583.34 9. Income MINUS Deductions and Exemptions $1,609.99 $869.19 10. Tax on Income $193.79 $96.95 11. Child Tax Credit $83.33 $83.33 12. Manual Adjustments to Taxes _ - 13. Federal Income Taxes $110.46 -$90.42 13 a. Earned Income Credit - $90.42 14. State Income Taxes $90.38 $60.25 15. FICA Payments $218.79 $145.87 16. City Where Taxes Apply 17. Local Income Taxes $28.60 $19.07 TOTAL Taxes $448.23 $134.77 SupportCak 2007 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet Rule 1910.16-1. at se . Defendant Name: Richard M. Wert Docket Number: 542 S 2006 PACSES Case Number: 922108404 Plaintiff Name: Raquel R. Wert Other Case ID Number: Defendant Plaintiff 1. Number of Dependents in this Case 1 2. Total Gross Month/ Income 3. Less Month/ Deductions 4. Monthly Net Income Line 2 minus Line 3 $2,860.00 $528.33 $2,331.67 $1,906.70 $134.77 $1,771.93 5. Combined Total Monthly Net Income Amounts on Line 4 Combined = $4,103.60 F 6. Plus Child's Month/ Soc. Sec. Retirement or Disability Derivative Benefit. k'r - ' awn , 7. Adjusted Combined Total Month/ Net Income 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 _ 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 (-) - 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 112006 $860.00 11. Net Income as _a Percentage of Combined Amount 56.82 43.18 12. Each Parent's Month/ Share of the Child Support Obligation $488.65 $371.35 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: 182 $208.78 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b $1.57 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9 plus Lines 10, $281.44 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $281.44 Prepared by: DatP• 1 /9R/9nna Summary Resort 51. PACSES Multiple Family Adjustment _ S2. Spousal Support Award $20.86 S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $302.30 Weekly: $69.57 TAX INFORMATION Tax Method Filin Status Exem tions S6. Defendant 1040 ES Head of Household 2 S7. Plaintiff Manual Single 2 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCa/c 2008 EXHIBIT "B" r, ? f" ? r-7 rss " l ?-- T1 .?_ x '' ?.,? _ ?? `"? ? _«? '? f T f F. _2 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 922108404 Defendant DOCKET NO. 542 SUPPORT 2006 RICHARD M. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RAQUEL R. WERT, PACSES NO. 059108503 Defendant DOCKET NO. 677 SUPPORT 2006 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 316110532 Defendant/Respondent DOCKET NO. 2006-3368 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Earnings statements Plaintiff's Exhibit No. 2 - Earnings statement Defendant's Exhibit No. 1 - Earnings statement Defendant's Exhibit No. 2 - Earnings statement Defendant's Exhibit No. 3 - Tool expense reimbursement --.? - 4: .' a _-.? 5...... ?«.y -i -• ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/30/09 Case N u m be r (See Addendum for case summary) Employer/Withholder's Federal EIN Number HIGHLANDS TIRE & SERVICE 1257 MT HOLLY PIKE CARLISLE PA 17013 169-52-8776 Employee/Obligor's Social Security Number 1351101554 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. $ 150.00 $ $ 18.00 0.00 $ 0.00 $ 60.00 $ 7.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support Arrears 12 weeks or greater? per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) onetime lump sum payment for a total of $ 235.00 per month to be forwarded to payee below. ® yes O no 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: $ Sa per weekly pay period. $ 117.50 per semimonthly pay period (twice $ 108.46 per biweekly pay period (every weeks) $ a month) y p 235. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 N-UA4ff l lV ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R. J. Shadday 922108404 542 S 2006 06-3368 CIVIL OOriginal Order/Notice QAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE:WERT, RICHARD M. Employee/Obligor's Name (Last, First, MI) Edw Service Type M OMB No.: 0970-0154 Judge Form EN-028 Rev. 4 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If ?hecke?l you are required to ro de a opy of this forth to your m loyee. If yorr employee v?orks in ,a state thaV 1 Brent from the state that issued tis o er, a copy must be providedpto your emp 4 even if t e 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 employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2517246640 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:WERT, RICHARD M. EMPLOYEE'S CASE IDENTIFIER: 1351101554 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: 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 employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WERT, RICHARD M. PACKS Case Number 316110532 Plaintiff Name RAQUEL R. WERT Docket Attachment Amount 06-3368 CIVIL$ 67.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name PACSES Case Number 922108404 Plaintiff Name RAQUEL R. WERT Docket Attachment Amount 00542 S 2006 $ 168.00 Child(ren)'s Name(s): DOB TYLER E. WERT _0.1/05/01 PACSES Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $IATT c ,?c 4 t nr N 1 . 17 -IZ4qoe_( 12 6?XWL rL - 1?2a2 A1- ? 4 Dri.A4 kw4 ?ke- 9,4,e-s toil # ? s Ar C RAQUEL R. WERT, Plaintiff V. RICHARD M. WERT, Defendant RICHARD M. WERT, Plaintiff V. RAQUEL R. WERT, Defendant E :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :DOMESTIC RELATIONS SECTION :PACSES NO. 922108404 :DOCKET NO. 542 SUPPORT 2006 :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :DOMESTIC RELATIONS SECTION :PACSES NO. 059108503 :DOCKET NO. 677 SUPPORT 2006 RAQUEL R. WERT, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner:CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION RICHARD M. WERT, :PACSES NO. 316110532 Defendant/Respondent:DOCKET NO. 2006-3368 CIVIL IN RE: WERT V. WERT Proceedings held before Michael R. Rundle, Support Master Cumberland County Domestic Relations Office 9 North Hanover Street Carlisle, Pennsylvania on January 28, 2009 in the Support Master's Hearing Room APPEARANCES: DOUGLAS G. MILLER, ESQUIRE FOR THE PLAINTIFF RICHARD M. WERT, PRO SE 0 • INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT Raquel R. Wert 4 16 18 Raquel R. Wert 33 35 (on Rebuttal) FOR THE DEFENDANT EXAMINATION CROSS By the Master: Richard M. Wert 19,29 26 INDEX TO EXHIBITS Marked Admitted Plaintiff's 1 - Earnings statements 6 19 Plaintiff's 2 - Earnings statement 9 19 Defendant's 1 - Earnings statement 20 32 Defendant's 2 - Earnings statement 21 32 Defendant's 3 - Tool expense 22 32 reimbursement 2 1 THE MASTER: We are here on multiple matters. 2 The first action is Raquel R. Wert versus Richard M. Wert. 3 The case is docketed to 542 Support 2006. This is a 4 Complaint for support of one child, Tyler E. Wert, born 5 January 1st, 2001. 6 The second action that we are here on -- 7 MR. MILLER: It is January 5th. 8 MR. WERT: It is January 5th. 9 THE MASTER: Correct the date of birth, 10 January 5th. 11 The second action we are here on is a claim 12 for alimony pendente lite filed in Raquel R. Wert versus 13 Richard M. Wert, 2006-03368 Civil. 14 The third action we are here on is a 15 Complaint, Richard M. Wert versus Raquel R. Wert, docketed 16 to 677 Support 2006. This is a Complaint for spousal and 17 child support of Tyler. 18 Ms. Wert is present with her counsel, Douglas 19 Miller, Esquire. Mr. Wert is present without counsel. 20 At this time I would ask first that both 21 parties raise your right hands to be sworn. 22 Whereupon, 23 RAQUEL R. WERT 24 and 25 RICHARD M. WERT 3 • • 1 having been duly sworn, 2 testified as follows: 3 For purposes of this hearing, because 4 Ms. Wert's child support Complaint was the first filed, she 5 is viewed as the moving party and her exhibits will be 6 marked as Plaintiff's exhibits. Mr. Wert's exhibits will be 7 marked as Defendant's exhibits. 8 You may call your client, Mr. Miller. 9 MR. MILLER: I call Raquel Wert to the stand. 10 DIRECT EXAMINATION 11 BY MR. MILLER: 12 Q Would you state your full name for the 13 record? 14 A Raquel Rema (phonetic) Marie Wert. 15 Q What is your current residence? 16 A 78 Country View Estates, Newville 17 Pennsylvania 17241. 18 Q How long have you been living at that 19 residence? 20 A Since August of 2008. 21 Q Who resides there with you? 22 A My mother and my stepfather and my two sons. 23 Q And Tyler is one of those, right? 24 A Yes. 25 Q His date of birth, I think we corrected that, 4 • 0 1 is January 5th, 2001? 2 A Yes. 3 Q And he is how old? 4 A Eight. 5 Q Just turned eight, right. 6 A Yes. 7 Q And your other son is who? 8 A Keith Sawdy, S-a-w-d-y. 9 THE MASTER: Spell that name again, please. 10 THE WITNESS: S-a-w-d-y. 11 BY MR. MILLER: 12 Q How old is Keith? 13 A Sixteen. 14 Q And he is not the son of Richard Wert. Is 15 that correct? 16 A No. 17 Q The house that you are staying in, what kind 18 of residence is it? 19 A It is a single-wide mobile home. 20 Q And it is in a mobile home park. Is that 21 correct? 22 A Yes. 23 Q Where do you currently work? 24 A Allen Distribution. 25 Q How long have you worked at Allen 5 0 • 1 Distribution? 2 A Since September 23rd, 2008. 3 Q Are you paid hourly? 4 A Yes. 5 Q What was your hourly rate starting out? 6 A $10.50. 7 Q Has that hourly rate changed? 8 A Yes. 9 Q When did it change? 10 A The first of January. 11 Q What is the new hourly rate? 12 A $11.00 an hour. 13 Q Is this full-time employment? 14 A Yes. 15 (Whereupon, Plaintiff's Exhibit No. 1 16 was marked for identification.) 17 Q I am going to show you what we've marked as 18 Plaintiff's Exhibit Number 1. I have a copy for the Master 19 and for the Defendant. Can you identify these documents? 20 A These are my pay stubs from Allen 21 Distribution . 22 Q And specifically pay stubs for December, 23 2008. Is th at correct? 24 A Yes. 25 Q And you are paid every two-weeks. Is that 6 1 correct? 2 A Yes. 3 Q At this point in December of 2008 like you 4 testified your hourly rate was $10.50 an hour. Is that 5 right? 6 A Yes. 7 Q According to the first pay stub, 8 December 3rd, how many hours did you work in those two 9 weeks? 10 A 72 hours regular. 11 Q And how much overtime? 12 A An hour and a quarter. 13 Q What about on the second pay stub dated 14 December 17th? 15 A 78 hours regular. 16 Q You had .25 overtime. Is that correct? 17 A Yes. 18 Q What about on the third pay stub dated 19 December 31st . 20 A 65.75 regular hours and 4 hours overtime. 21 Q Is overtime usually available to you? 22 A Yes, if the business is busy, yeah. 23 Q I think it shows a year-to-date pay of 24 $5,407.52 for your regular hours and $165.38 in overtime. 25 Is that corre ct? 7 0 0 1 A Yes. 2 Q Were those the only earnings that you had in 3 2008 for Allen Dist ribution? 4 A Yes. 5 Q Did you have insurance coverage in September, 6 2008 through Allen Distribution? 7 A No. 8 Q And do you have insurance coverage now? 9 A Yes. 10 Q And what was the reason for obtaining that 11 insurance coverage? 12 A I needed medical for me and my oldest child. 13 Q Had Mr. Wert been providing that medical 14 insurance coverage to you? 15 A No. 16 THE MASTER: What about medical insurance 17 coverage on Tyler? 18 THE WITNESS: I have on Tyler as well. 19 THE MASTER: You have it? 20 THE WITNESS: Yes. 21 BY MR. MILLER: 22 Q Mr. Wert was also providing medical coverage 23 for Tyler. Is that correct? 24 A Yes. 25 Q But he was not providing coverage for either 8 0 0 1 you or your older son? 2 A No. 3 (Whereupon, Plaintiff's Exhibit No. 2 4 was marked for identification.) 5 Q I am going to show you what we've marked as 6 Plaintiff's Exhibit Number 2. I have a copy for the Master 7 and Mr. Wert. Can you identify this document? 8 A It is a pay stub from Allen Distribution. 9 Q This pay stub is dated January 9th, 2009? 10 A Yes. 11 Q It reflects your new hourly rate of $11.00 an 12 hour. Is that correct? 13 A Yes. 14 Q How many hours did you work for this pay 15 period? 16 A Forty-two. 17 Q Looks like 42 regular? 18 A And eight hours holiday pay and eight hours 19 personal time. 20 Q Were you sick during this period? 21 A Yes. 22 Q Is that why your hours were less? 23 A Yes. 24 Q Looking down it looks like under deductions 25 there is a lin e item called medical. Do you see that? 9 9 • 1 A Yes. 2 Q Does that reflect the new cost for your 3 insurance coverage? 4 A Yes. 5 Q What is that cost? 6 A $90.45. 7 Q And that is $90.45 taken every two weeks out 8 of your paycheck, right? 9 A Yes. 10 Q That coverage includes medical, dental and 11 vision coverage. Is that correct? 12 A Yes. 13 Q Again that covers you and both of your sons? 14 A Yes. 15 Q Do you have any significant health problems 16 or disabilities? 17 A No. 18 Q What do you do at Allen Distribution? 19 A I am a shipping/receiving clerk. 20 Q Have you received any notice of potential 21 layoffs or anything like that from Allen Distribution? 22 A No. 23 Q Let's talk a little bit about your expenses. 24 Are you paying anything to your parents for staying in their 25 mobile home? 10 • 0 1 A Yes. 2 Q What is that expense? 3 A $200.00 bi-weekly. 4 Q What does that money go towards? 5 A Groceries, electric, whatever they need to 6 pay for -- th eir expenses for me staying there. 7 Q What other expenses do you have? 8 A I have a car payment every two weeks that's 9 taken direct from my direct deposit of $130.00. 10 Q Do you have car insurance expenses also? 11 A As of yesterday, yes. I divided our car 12 insurance pol icy into two policies. And I pay $160.00 every 13 quarter. 14 Q Do you also have credit card or other debts? 15 A Yes. I have two credit cards, Kohl's and 16 VISA. 17 Q Are there balances on those cards? 18 A Yes. 19 Q Those credit cards are just in your name. Is 20 that correct? 21 A Yes. 22 Q Were any part of those balances incurred 23 during your m arriage to Mr. Wert? 24 A No, but could I make a statement? 25 Q Why don't you clarify what you mean? 11 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 A They are my credit cards, but my Kohl's card, I did put clothing for school for Tyler on that card. Q Do you know how much that expense would be? A Roughly $200.00. Q Let's talk about that for a minute. In terms of clothes, and shoes, and costs for any sort of extracurricular activity for Tyler, how are those expenses paid? A I buy for Tyler when I know that he needs something. If I don't have the money to buy it, I do ask him, Rick, his father, to buy whatever Tyler may need such as shoes, underwear, socks, that kind of thing. Q When you make those requests of Mr. Wert does he generally help out with buying clothes, or shoes, or whatever it may be, or is it only occasionally? A He does help out, but I have to remind him periodically. Q Do you have any student loan expenses? A Not until March. Q But in March you will have student loan expenses? A Yes. Q You also have storage, a monthly storage fee? A Yes. Q What is that? 12 1 A That was my marital property that I was 2 allowed to take from the home when I left. 3 Q Do you have any other expenses, cell phone or 4 things like that? 5 A No. 6 Q There was a custody order that was entered 7 back in 2006. Are you currently following that custody 8 order, or have you decided to do something different? 9 A We are doing something different. 10 Q What is the current custody schedule? 11 A I try to keep it on a regular basis, the same 12 days every week. Sometimes that can become impossible, 13 but -- 14 Q Why does that become impossible sometimes? 15 A Well, it could be that he needs a day to 16 where I need to watch Tyler or vice versa so that would mess 17 the schedule up, you know, on a regular basis. 18 Q Other than those issues, what is the current 19 schedule? 20 THE MASTER: What I am concerned with, Ma'am, 21 are the overnights spent with you and the overnights spent 22 with Mr. Wert. 23 THE WITNESS: Well, he had taken Tyler Sunday 24 night, Monday night and last night. I will get him 25 Wednesday night, Thursday night, Friday night. He will get 13 1 him Saturday after work and have him Saturday night, Sunday 2 night and possibly Monday night. 3 Q When you say possibly Monday night is that a 4 night that fluctuates? 5 A Well, it always became an issue that if I 6 wasn't to take him for Monday night, just for one night, 7 that way he could have him Tuesday and Wednesday, because I 8 would have him Thursday, Friday, Saturday, and Sunday. 9 THE MASTER: Ma'am, let me ask you something. 10 Let's say on a 14 day schedule. 11 THE WITNESS: Yes. 12 THE MASTER: Every two weeks. 13 THE WITNESS: Yes. 14 THE MASTER: On average how many nights would 15 Tyler spend overnight with you? 16 THE WITNESS: I would say seven, maybe eight. 17 THE MASTER: So generally are you telling me 18 that there is equal shared custody with respect to the 19 number of overnights Tyler spends with each of you? 20 THE WITNESS: Yes. 21 THE MASTER: Continue, counsel. 22 BY MR. MILLER: 23 Q Just to clarify, I know that many times it is 24 seven nights and seven nights for each of you? 25 A Yes. 14 0 0 1 Q Sometimes it is eight nights for you and six 2 nights for Mr. Wert is what you said. Is that correct? 3 A Yes. 4 Q Which is the more regular occurrence, is it 5 more often eight nights for you and six nights for Mr. Wert, 6 or is it generally seven and seven? 7 A Seven and seven. 8 Q Just wanted to make that clarification. 9 What do you know about Mr. Wert's work 10 schedule? 11 THE MASTER: Counsel, let's cover that in 12 cross after he has testified. 13 MR. MILLER: I think then those are all the 14 questions I have. 15 THE MASTER: Before cross-examination I have 16 a few questions. 17 EXAMINATION 18 BY THE MASTER: 19 Q What is the date of your marriage, Ma'am? 20 A June 21st, 1997. 21 Q And the date of the separation was what? 22 A August of 2008. 23 Q Do you know the day in August? 24 A I know it was at least two weeks prior to 25 school starting, August 28th, I think. I can't give an 15 1 exact date. 2 BY MR. MILLER: 3 Q If I said August 24th, 2008, would that sound 4 right to you? 5 A That would sound right, yes. 6 EXAMINATION 7 BY THE MASTER: 8 Q Am I correct that you moved out of the 9 marital residence with the two children? 10 A I was asked to leave, yes. 11 Q And you moved in with your parents? 12 A Yes. 13 Q Is the marital residence 598 Mountain Road in 14 Newville? 15 A Yes. 16 Q Does Mr. Wert continue to reside there? 17 A Yes. 18 THE MASTER: Mr. Wert, do you have any 19 questions you w ish to ask your wife? 20 MR. WERT: Yes. I do. 21 CROSS-EXAMINATION 22 BY MR. WERT: 23 Q The Kohl's card, when you bought school 24 clothes for Tyl er, what was the total that you told me you 25 spent on Tyler? 16 0 0 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 THE MASTER: So you understand here today, I am not concerned with that credit card. It is not really a relevant issue to the support order. Ask another question. MR. WERT: She just answered Mr. Miller's question of $200.00. I was told $500.00. THE MASTER: All right. Ask another question. BY MR. WERT: Q Who asked you to leave the home on August 24th? A The police. Q What was the reason for that? A Because we had a marital dispute. Q What was the outcome of the dispute? A Well, you got in my face and started threatening me, and, yes, when I turned around I hit you on the side of the face. Q You have no cell phone bill? A No, not as of right now. I have a balance due. Q Up until ten days ago I think you did though, right? A I have a balance due, yes. I can't afford it. 17 • • 1 Q It averages about $200.00 a month? 2 A No. 3 MR. WERT: That's all I have right now. 4 THE MASTER: Any redirect? 5 MR. MILLER: Yes. 6 REDIRECT EXAMINATION 7 BY MR. MILLER: 8 Q When you left the marital residence did 9 Mr. Wert ask you to leave? 10 A The police basically told me it was best for 11 me to leave because of it being the dispute that it was, and 12 that Richard had called the police. The agreement was that 13 if I voluntarily left with my children he would not press 14 charges. 15 Q The marital residence is just titled in 16 Mr. Wert's name. Is that correct? 17 A I don't know what that's all about. 18 MR. MILLER: I don't have any further 19 questions. 20 THE MASTER: You may step down. 21 I will let you testify right from counsel 22 table, Mr. Wert. 23 MR. MILLER: We would move too for the 24 admission of -- 25 THE MASTER: Plaintiff's 1 and 2. They are 18 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 C 0 both admitted. (Whereupon, Plaintiff's Exhibits No. 1 and 2 were admitted into the record.) EXAMINATION BY THE MASTER: Q State your name for the record, Mr. Wert. A Richard M -- middle name is Marlin -- Wert. Q What is your address? A 598 Mountain Road, Newville, Pennsylvania 17241. Q Do you agree that the date of the marriage is June 21, 1997? A Yes. Q And do you agree that you separated on or about August the 24th of 2008? A I thought it was the third, but, yeah, it was in August, yes. Q A Q A Q A Q A Are you employed? Yes. By whom? Highland's Tire. What do you do? I am a mechanic. How long have you been with Highland's? Eight years. 19 1 i 0 1 Q Are you an hourly rate employee? 2 A Yes. 3 Q Did you get your W-2 yet for 2008? 4 A No. 5 Q How many hours a week do you normally work? 6 A Up until the economy went sour I was working 7 44 hours. The last -- probably since, I am going to guess, 8 around October , I have only been able to work -- there is no 9 overtime, 40 hours. 10 Q What is your hourly rate? 11 A $16.50. 12 Q What is the status of health insurance 13 coverage on Tyler? 14 A Well, up until -- I have a pay stub here. I 15 don't have the plan but 12/12/2008 -- 16 Q Is that a pay stub? 17 A Yes. 18 Q May I see it please? 19 A I had a family plan which covered me, my wife 20 and two children. 21 (Whereupon, Defendant's Exhibit No. 1 22 was marked for identification.) 23 Q I am showing you now what has been marked as 24 Defendant's Exhibit Number 1. Is this a copy of a pay 25 statement with a check date of December 12, 2008? 20 1 A That's not a copy. That's an original. 2 Q This indicates that there is a deduction for 3 health insuran ce of $52.67? 4 A Yes, sir. 5 Q How often are you paid? 6 A Weekly. 7 Q Is that the amount that was deducted weekly 8 for the health insurance while you worked there in 2008? 9 A Yes. 10 Q That covered four people, correct? 11 A Yes. 12 Q Has that changed? 13 A Yes. 14 Q When did it change? 15 A I had a meeting upstairs on December lst, I 16 think it was. Amy advised me that I did not have to carry 17 insurance on Keith and my wife. So I changed it. On my 18 check stub dating 12/19 it shows a total of $37.98 which is 19 just me and Tyler. 20 Q May I see that pay stub, sir? 21 A Yes. 22 (Whereupon, Defendant's Exhibit No. 2 23 was marked for identification.) 24 Q I am showing you now what is marked as 25 Defendant Exhib it Number 2. Is that a copy of the pay stub 21 0 • 1 dated December 19, 2008? 2 A Yes. 3 Q I see another deduction on here that is 4 called TOOLCHEX, T-0-0-L-C-H-E-X. 5 A Yes. 6 Q Can you tell me what that is? 7 A I buy my own tools for my job. I can see two 8 of the same date. TOOLCHEX gives me a check. What did I 9 give you, the 19th and the 12th? In other words, I get a 10 pay stub from Highland's and I get a pay stub from TOOLCHEX. 11 The government is reimbursing me for my tools. 12 Q Who is reimbursing you? 13 A It is a government funded, because I don't 14 have enough deductions at the end of the year to claim my 15 tools, so I am allowed to file for TOOLCHEX. 16 (Whereupon, Defendant's Exhibit No. 3 17 was marked for identification.) 18 I think that's the same two weeks of stubs 19 that I gave you. 20 Q I am showing you now what has been marked as 21 Defendant Exhibit Number 3. This is a two-page document, 22 one dated December the 12th and the other December the 19th. 23 Is this the statement for the TOOLCHEX that you refer to? 24 A Yes. 25 Q I am a little confused on this. On 22 • 1 Defendant's Exhibit Number 3, there appears to be a check, 2 voided check -- 3 A Well, it is direct deposit. 4 Q Let me ask the question. 5 A Okay. 6 Q Made payable to you for zero dollars. That's 7 on a Highland's Tire & Service TOOLCHEX account. Tell me 8 how this works. 9 A I don't really know. I know it got me like 10 ten bucks a week. If I tell you anything that I am not 11 really sure about, I don't know if I would be telling you a 12 lie or not. I mean, yeah, two years ago or whenever they 13 started it, they came to me and explained it to me. At that 14 time I probably made nine bucks a week. The TOOLCHEX is 15 actually taken out before taxes. 16 Q On Defendant Exhibits 1 and 2, which are your 17 normal pay statement from -- and the actual name of your 18 employer is Zane R. Highlands', Incorporated -- 19 A Right. 20 Q It has the TOOLCHEX $231.00 deduction taken 21 out from your pay? 22 A Before taxes. 23 Q You never see that, correct? 24 A Right. 25 Q But you get the tools? 23 1 A My tools, I pay for the tools. I pay for 2 them and they are my tools. 3 Q And this has been going on for how long? 4 A I am going to take a guess, two years. 5 Q On the December the 19th statement it 6 indicates that year-to-date on TOOLCHEX, apparently 7 $10,164.00, was paid? 8 A Right. In other words -- what do you have, 9 35,913 beginning balance, 35,900.00? 10 Q Yes. What is that beginning balance? 11 A That is the value of my tool box, loaded. 12 Q And you are paying it off? 13 A Yes. 14 Q So the tool balance of $25,749.10 that's 15 shown on the December 19th statement, that's the amount you 16 owe yet? 17 A No. 18 Q Then what is that? 19 A The tool box and tools that I have at work 20 are probably 90 percent paid for. For my job if I could 21 reach the deductible when I file my taxes, I am told I could 22 deduct them, but I don't have enough deductibles to deduct 23 them on my taxes because I need these things to do my job. 24 So the government came to every mechanic out there and said 25 we have a TOOLCHEX program, la-de-da-de-da, and they had it 24 1 on paper that I would make $10.00 a week. That was $500.00 2 in my book so I took it. It actually cost Mr. Highlands 3 money, and I think I pay part of that fee too, that 4 administration fee. But I still make an extra $10.00 a 5 week. 6 Q By making an extra $10.00 a week do you mean 7 you net and additional $10.00 a week in your paycheck? 8 A Right. Now that goes up. In other words, 9 once a year, and it is about due I think, I send in any 10 tools that I bought in the last year, I send in the receipts 11 to TOOLCHEX, which makes the value my toolbox worth more, 12 but then again, if I trade tools in that's outdated and buy 13 something new, then it deducts the value of my toolbox, and 14 that $10.00 fluctuates. Does that make sense to you? 15 Q Okay. Is there any other factual testimony 16 you want to give me? 17 A I had wrote down here and forgot to ask the 18 question to Mrs. Wert. 19 Q Just testimony right now. 20 A Okay. No. 21 Q How will you be filing your federal tax 22 return for 2008? 23 A You mean as far as dependents? 24 Q Is your tax status going to be married/ 25 separate, or will you file as head of household and claim 25 • C1 1 Tyler? 2 A Yes, head of household and claim Tyler. 3 Q That is your intention? 4 A Yes. 5 THE MASTER: Cross-examine. 6 CROSS-EXAMINATION 7 BY MR. MILLER: 8 Q So it is your testimony that the child 9 support hearing officer told you that you did not need to 10 cover Mrs. Wert any longer on your insurance? 11 A Right. 12 Q Then as of December, 2008, you stopped 13 covering her and her oldest son, Keith? 14 A I don't know the exact date, but, yes, you 15 are pretty close if not right on. Mrs. Wert had mentioned 16 at that hearing that she had an assist program for her and 17 Keith, and Tyler actually -- some kind of government 18 assistance. 19 Q Now this TOOLCHEX, you get your regular pay 20 stub from Highland's. Is that correct? 21 A Right. 22 Q And then in addition every week you get 23 another check. Is that correct? 24 A Yes. It is all direct deposit, yes. 25 Q But they are direct depositing money under 26 • i 1 the TOOLCHEX program into your account also? 2 A Yes. 3 Q And that amount is $231.00 every week? 4 A Well after the administration fees it is 5 $212.52 I think. 6 Q Yes, actually, let me re-ask that question. 7 It looks like direct -- well -- 8 A If you look on the other stub is how much 9 they deposited. 10 Q $212.52, is that what you said? 11 A Yes. 12 Q Okay, that's the net amount that you receive 13 after they de duct administrative fees? 14 A Yes. 15 Q And that comes in every week? 16 A Yes. 17 Q At one point working at Highlands' you were 18 salaried. Is that correct? 19 A Yes. 20 Q When did that change? 21 A Probably when TOOLCHEX started. I am 22 guessing two years ago. 23 Q Sometime in 2006, is that right? 24 A I would say yes. 25 Q And it was at that point that you went to 27 • , 1 hourly at $16.50 an hour? 2 A Yes. 3 Q Plus the TOOLCHEX? 4 A Yes. 5 Q Now in 2006 when you went to an hourly rate 6 how many hours of overtime were you working per week? 7 A Can you say that again? 8 Q In 2006 when you went from salaried to 9 hourly -- 10 A Yes. 11 Q How many hours of overtime on average were 12 you working per week? 13 A 44 hours. 14 Q So 40 regular hours and 4 overtime hours? 15 A Yes. 16 Q And that continued all throughout 2006. Is 17 that correct? 18 A Yes. 19 Q And in 2007 -- 20 A Yes. 21 Q Four hours overtime every week? 22 A Yes. 23 Q And in 2008 still working four hours of 24 overtime every week? 25 A Yes. 28 • • 1 Q When by your calculation did you stop working 2 four hours of overtime? 3 A I think I said October. Is that when the gas 4 went skyrocketed and the economy went downhill? 5 Q Why did you stop having four hours of 6 overtime every week after having that for two plus years? 7 A Well, you need cars to work on. So the 8 economy, people ain't fixing cars. So the boss is not 9 paying overtime. If you can't get it done in 40 hours, 10 schedule it the next week. 11 Q Did you notify Mrs. Wert that you were 12 dropping her from your insurance coverage? 13 A No. She was at the meeting. 14 Q And the property where you reside is just 15 titled in your name. Isn't that correct? 16 A The deed is in my name, yes. 17 MR. MILLER: I think those are all the 18 questions I have. 19 THE MASTER: I have a few more questions for 20 you, Mr. Wert. 21 EXAMINATION 22 BY THE MASTER: 23 Q Following up on that last question about the 24 house -- 25 A Yes. 29 i • 1 Q Was this the house that you and your wife 2 purchased since the date of your marriage? 3 A Yes. 4 Q Or did you own it before the marriage? 5 A No. It was purchased after we were married. 6 I built it actually. 7 Q Is there a mortgage on the house? 8 A Yes. 9 Q Who is the mortgage with? 10 A Members lst. 11 Q Do you know the amount of your mortgage 12 payment? 13 A Yes. 14 Q How much is the mortgage payment? 15 A $1,100.00 a month. 16 Q Does that include taxes and insurance? 17 A No. 18 Q Do you know what your annual taxes on the 19 house are? 20 A A guess, or actually I got them here. Give 21 me a second and I will be able to give you an exact figure. 22 I don't have the exact figure. 23 Q Can you give me an estimate of what the total 24 taxes -- county, township and school -- combined are for the 25 year? 30 • • 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 A $2,300.00. Q Do you have homeowners' insurance on the property? A Yes. Q Can you tell me what your annual homeowners' insurance premium is per year? A $200.00. Q How much? A $200.00. Q When you say you built the house, was this on land that you owned before the marriage or that you acquired after the marriage? A After the marriage. Q Are you telling me you don't know whether the deed is in your name or whether it is in joint names? A I am telling you it is in my name. Q It is in your name? A Yes. THE MASTER: Any follow-up questions? MR. MILLER: I don't think so. THE MASTER: Q Any other testimony you want to give, factual testimony? THE WITNESS: As far as the business of the house, when Raquel had left the home the first time in 31 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 0 2006 -- 0 THE MASTER: I am not interested about 2006. THE WITNESS: Okay. THE MASTER: Any objection to the admission of Defendant Exhibits 1, 2 and 3? MR. MILLER: No. THE MASTER: They are admitted. (Whereupon, Defendant's Exhibits No. 1, 2, and 3 were admitted into the record.) THE MASTER: I have a question for your client first, Mr. Miller. MR. MILLER: Okay. THE MASTER: Did you have any rebuttal? MR. MILLER: Go ahead and ask your question and I will -- THE MASTER: You are still under oath, Ma'am, and I will let you answer it from there. EXAMINATION BY THE MASTER: With respect to your tax filing status for 2008 tax year will you be filing as married/separate? A Yes. Q Will you be claiming Keith as a dependency exemption? A Yes. 32 • 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 Q You heard your husband say he was claiming Tyler as a dependency exemption for 2008. Are you disputing that? MR. MILLER: Maybe if I could interject here. Mr. Wert has consistently expressed his intention to claim Tyler. We don't necessary agree with that, but for purposes of your calculations I think we would be fine with each party claiming one child as a dependency exception. THE MASTER: And you stipulate to that? MR. MILLER: For purposes of this hearing, yes. THE MASTER: Fine. Any other testimony you wish to offer? MR. MILLER: Yes, just brief rebuttal. THE MASTER: Come back up here. REBUTTAL DIRECT EXAMINATION BY MR. MILLER: Q You heard Mr. Wert's account of the separation and your moving out of the residence. Is that correct? A Yes. Q Do you at this point have the ability to live on your own with your two children? A No. 33 • 0 1 Q Is that why you are living in the trailer 2 with your parents? 3 A Yes. 4 Q I think I forgot to ask you how many bedrooms 5 are in the trailer? 6 A Two. 7 Q I assume your parents are in one bedroom. Is 8 that right? 9 A Yes. 10 Q Are your boys in the other bedroom? 11 A Yes. 12 Q And then you sleep on the couch or -- 13 A Yes. 14 Q Or wherever. Is that correct? 15 A Yes. 16 Q Have you looked into getting any sort of 17 economic assistance or finding some other place to live? 18 A Yes. 19 Q Is it fair to say you have been doing that 20 pretty much since August of 2008? 21 A Yes. 22 Q Have you been able to determine or to locate 23 any place that you could afford to live? 24 A No. 25 MR. MILLER: Those are all the questions that 34 1 I have. 2 THE MASTER: Do you have any questions you 3 want to ask her about what she just testified to? 4 MR. WERT: Yes. 5 CROSS-EXAMINATION 6 BY MR. WERT: 7 Q Since August of 2008 were you allowed to go 8 in the house and pretty much pack whatever you wanted to 9 take? 10 A To some extent, my personal belongings, yes. 11 Q I mean anything that you took that I denied 12 you, or -- 13 A Yes. I mean, no. You didn't let me take 14 anything -- that you denied me, such as, anything that was 15 of value. 16 THE MASTER: Hold on. I am going to stop 17 this here. This is not the divorce hearing with the 18 equitable distribution of property, so I really don't need 19 to hear this. 20 BY MR. WERT: 21 Q The reason the police were at the house and 22 you had to leave was because we had an argument. Is that 23 right? 24 A Yes. 25 Q Do you remember what that was about? 35 9 • 1 A Yes. 2 Q Was it because you lived with me Monday 3 through Friday and another guy on the weekends? 4 A I don't think this is appropriate for -- 5 Q I mean, I didn't change your lifestyle. You 6 changed it with another man, right? 7 A And you have not done so with another person 8 as well? 9 Q Well, since you left the home, yes, I have. 10 But that's beside the point. What was the argument about? 11 THE MASTER: I don't need to know what the 12 argument was about. 13 MR. WERT: Okay. That's all I have. 14 THE MASTER: You may step down, Ma'am. 15 Do you have any other testimony you wish to 16 give, sir? 17 MR. WERT: No. 18 THE MASTER: Close the record for argument. 19 (Whereupon, the hearing was adjourned at 10:30 a.m.) 20 21 22 23 24 25 36 0 0 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. vic1 &-k- C Vicky A. Ebersole Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date \?"k" a),?% 0'.", Michael R. Rundle Support Master 37 .- C'> ?i ?,, ??} _ ? ?- ?t ? ?ct ` ? ? ? .:? ? U ( ' i l rs-f RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT RICHARD M. WERT, 542 SUPPORT 2006 Defendant PACSES NO. 922108404 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 316110532 Defendant NO. 2006 - 3368, IN DIVORCE ORDER OF COURT AND NOW, this 30th day of April, 2009, it appearing to the Court that the Defendant has failed to file a brief in support of his exceptions to the Support Master's report and recommendations and it further appearing from the letter that he did file that his complaints are with the treatment of his son while in his mother's care, the support exception to the Master's report and recommendation are dismissed. The Defendant has been advised that any complaints regarding the welfare of his son must be raised in the custody aZe By Court, Edward E. Guido, J. Douglas Miller, Esquire For Plaintiff Richard M. Wert, Pro Se 598 Mountain Road Newville, PA 17241 D.R.O. :mlc ..S OF THE 2009 MAY -5 PK 3: 10 fi,l!1 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 06-3368 CIVIL 922108404 OOriginal Order/Notice State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND 542 S 2006 @Amended Order/Notice Date of Order/Notice 09/14/09 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE:WERT, RICHARD M. E m pi oyer/With holder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 169-52-8776 Employee/Obligor's Social Security Number HIGHLANDS TIRE & SERVICE 1351101554 1257 MT HOLLY PIKE Employee/Obligor's Case Identifier CARLISLE PA 17013 (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'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 290.00 per month in current child support $ 18. oo per month in past-due child support Arrears 12 weeks or greater? &yes O no $ o . oo per month in current medical support $ o . oo per month in past-due medical support $ 60.00 per month in current spousal support $ 7.00 per month in past-due spousal support $ o . oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 375.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 86.54 , per weekly pay period. $ 187.5o per semimonthly pay period (twice a month) $ 173.08 - per biweekly pay period (every two weeks) $ 375.00 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 A CSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURI UMBER RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO; R. J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If heck you are required to pr vide a copy of this form to yourgmployee. If yoyr employee works in a state thatkis di event from the state that issuedthis order, a copy must be provi edd to your emp oyee 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 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. 2517246640 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: WERT, RICHARD M. EMPLOYEE'S CASE IDENTIFIER: 1351101554 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) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summarv of cases on Attachment Defendant/obligor: WERT, RICHARD M. PACSES Case Number 316110532 PACSES Case Number 922108404 Plaintiff Name Plaintiff Name RAQUEL R. WERT RAQUEL R. WERT Docket Attachment Amount Docket Attachment Amount 06-3368 CIVIL$ 67.00 00542 S 2006 $ 308.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB TYLER E. WERT 01/05/01 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): Service Type M DOB Addendum OMB No.: 0970-0154 PACKS 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 Form EN-028 Rev.5 Worker ID $IATT F1lE' ,;7! -ICE THE nr,t7e 1409 SEt 15 P 2: 28 PE IN, i RAQUEL R. WERT, Plaintiff V. RICHARD M. WERT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2006 -3368 : IN DIVORCE PETITION FOR MODIFICATION OF ALIMONY PENDENTE LITE AND NOW, comes RAQUEL R. WERT, by and through her attorneys, IRWIN & McKNIGHT, P.C., and petitions this Honorable Court as follows: 1. The Petitioner is Raquel R. Wert, who currently resides at 173 Country View Estates, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent is Richard M. Wert, who currently resides at 612 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Petitioner and Respondent were married on June 22, 1997, in Carlisle, Pennsylvania. 4. On or about June 13, 2006, Petitioner filed a Complaint in Divorce against Respondent in the above-captioned matter. 5. On or about December 9, 2008, Petitioner filed a Petition for Alimony Pendente Lite, which was awarded following a conference and subsequent hearing before the Cumberland County Support Master. 6. Pursuant to the Interim Order of Court dated January 29, 2009, Petitioner was awarded Alimony Pendente Lite in the amount of $60.00 per month. 7. The marital residence of the parties was sold on or about June 1, 2009, and Respondent is no longer paying the mortgage, tax, and insurance obligations with regard to the marital residence. 8. Petitioner is without sufficient funds to support herself and pay the costs and expenses of this action, without a modification of the current Alimony Pendente Lite amount. 9. Respondent has sufficient income and earning capacity to support the Petitioner or to assist in supporing the Petitioner through the payment of Alimony Pendente Lite. 10. The Petitioner is without the ability to earn income sufficient to meet her reasonable needs. 2 WHEREFORE, Petitioner, Raquel R. Wert, respectfully requests that this Honorable Court modify the current Order and award alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & McKNIGHT, P.C. -if By: Douglas G iller, Esquire 60 West Pomfret Street Carlisle, PA 17013 Supreme Court I.D. No: 83776 (717) 249-2353 Attorney for the Petitioner Date: November 24, 2009 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. VCA ?? \. (i Ovzk? RAQUE . WERT Date: 11/24/09 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below via first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Richard M. Wert 612 North Middle Road Newville, PA 17241 (Defendant) Date: November 24, 2009 IRWIN & McKNIGHT, P.C. 'A"? Z" e., / ? 1, " Douglas . Miller, Esquire Supreme ?ourt I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff ey..rfl FLED Apy 2009 NOV 24 F 3: (5 y cut 4 . A coPY -?° ?) k 6 RAQUEL R. WERT, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-3368 CIVIL TERM RICHARD M. WERT, IN DIVORCE Defendant PACSES CASE NO: 316110532 ORDER OF COURT AND NOW, this l st day of December, 2009, a petition has been filed against you, Richard M. Wert, to modify an existing Alimony Pendente Life Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on December 23, 2009 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Douglas G. Miller, Esq. Date of Order: December 1, 2009 BY THE COURT, Edward E. Guido, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ^.RY C t' • ?! RAQUEL R. WERT, Plaintiff/Respondent VS. RICHARD M. WERT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-3368 CIVIL TERM IN DIVORCE PACSES CASE: 316110532 ORDER OF COURT AND NOW to wit, this 3rd day of December, 2009, it is hereby Ordered that the conference scheduled on December 23, 2009 on the Petition for Modification of Alimony Pendente Lite is canceled, pursuant to the matter being considered with the parties' child support matter heard on November 24, 2009 in front of the Support Master. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. BY THE COU Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Douglas G. Miller, Esq. Form OE-001 Service Type: M Worker: 21005 FILE} ; Fiw?:. 2099 DEC -3 ;'M 2.48 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 922108404 Defendant DOCKET NO. 542 SUPPORT 2006 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 316110532 Defendant/Respondent DOCKET NO. 2006-3368 CIVIL INDEX OF EXHIBITS Plaintiff s Exhibit No. 1 - Earnings statement Plaintiff's Exhibit No. 2 - Escrow agreement Plaintiff's Exhibit No. 3 - HUD-1 statement Defendant's Exhibit No. 1 - Settlement agreement Defendant's Exhibit No. 2 - Earnings statement to, C -l WA tot '` tip,, RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 922108404 Defendant DOCKET NO. 542 SUPPORT 2006 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 316110532 Defendant/Respondent DOCKET NO. 2006-3368 CIVIL INTERIM ORDER OF COURT AND NOW, this 3rd day of December, 2009, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his son, Tyler E. Wert, born January 5, 2001, the sum of $290.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $16.00 per month. C. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $18.00 per month on arrearages until paid in full. D. Both parties shall continue to provide health insurance coverage for the benefit of said child as is available to them through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 57% by Defendant and 43% by Plaintiff. F. The effective date of the child support order as set forth herein is August 25, 2009, and the effective date of the alimony pendente lite obligation as set forth herein is November 24, 2009. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Edward E. ui o, J. Cc: Raquel R. Wert Richard M. Wert Douglas G. Miller, Esquire For the Plaintiff DRO RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 922108404 Defendant DOCKET NO. 542 SUPPORT 2006 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION RICHARD M. WERT, PACSES NO. 316110532 Defendant/Respondent DOCKET NO. 2006-3368 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on November 24, 2009, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Raquel R. Wert, who resides at 173 Country View Estates, Newville, Pennsylvania. 2. The Defendant is Richard M. Wert, who resides at 612 North Middle Road, Newville, Pennsylvania. 3. The parties are married but live separate and apart. 4. The parties are the parents of Tyler E. Wert, a minor child born January 5, 2001. 5. The parties share physical custody of their son equally. 6. By order dated January 29, 2009 the Defendant's obligation for support of said child was set at $150.00 per month. 7. The parties are in the process of divorce litigation. 8. By order dated January 29, 2009 the Defendant's obligation for alimony pendente lite was set at $60.00 per month. 9. On August 25, 2009 the Plaintiff filed a petition for modification of the child support order. EXHIBIT "A" 10. On November 24, 2009 the Plaintiff filed a petition for modification of the alimony pendente lite order. 11. In January, 2009 the Defendant was residing in the marital residence located at 598 Mountain View Road, Newville, Pennsylvania. 12. In January, 2009 the Defendant was paying a mortgage of $1,100.00 per month, annual real estate taxes of $2,300.00, and annual homeowners' insurance premiums of $200.00 on the marital residence. 13. The marital residence was sold in June, 2009, and the net proceeds of sale have been placed in escrow pending the finalization of the divorce. 14. The Plaintiff continues to be employed by Allen Distribution. 15. The Plaintiff received a raise in her hourly rate of pay from $11.00 to $11.45. 16. The Plaintiff's year-to-date income through the pay period ending October 16, 2009 has been $18,072.14. 17. The Plaintiff pays $90.45 bi-weekly for health insurance coverage on herself, Tyler and the Plaintiff's older child. 18. The Plaintiff s tax filing status for 2009 will be head of household with her older child claimed as a dependency exemption. 19. The Defendant continues to be employed by Zane R. Highlands', Inc. 20. The Defendant's year-to-date income through November 14, 2009 has been $30,722.68. 21. The Defendant pays $48.36 per week for health insurance coverage on himself and Tyler. 22. The Defendant's tax filing status for 2009 is head of household with Tyler claimed as a dependency exemption. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Soncini v. Soncini, 612 A.2d 998 (Pa. Super. 1992). 1 See Support Master's Report and Recommendation dated January 29, 2009. 2 The support order entered January 29, 2009 was based in part upon a downward deviation because of the sizeable monthly mortgage payments being made by the Defendant on the marital residence.2 The marital home was sold in June, 2009, and there is no longer a basis for a deviation from a guideline order. A modification is justified. The Plaintiff has average gross monthly income of $1,865.00. Filing her federal income tax return as head of household with one child claimed as a dependency exemption, she has net monthly income for support purposes of $1,843.00.3 The Defendant has average gross monthly income of $2,833.00. Filing his federal income tax return as head of household and claiming his son as a dependency exemption, he has net monthly income for support purposes of $2,398.00.4 With combined net monthly income of $4,241.00 the basic requirement for the support of one child is $872.00 per month.5 The Defendant's proportionate share of that amount is $493.00. The Defendant receives a downward adjustment for shared custody of $216.00. A minimal adjustment for health insurance coverage results in a child support obligation of $286.00 per month.b Because this is only a nominal difference from the $290.00 per month obligation set forth in the interim order of September 14, 2009, that order will not be disturbed. With the incomes as set forth above and the child support obligation of the Defendant, both the amount paid to the Plaintiff by the Defendant and provided in-kind for the child while in the Defendant's custod?, the Defendant's obligation for alimony pendente lite is calculated to be $16.00 per month. RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his son, Tyler E. Wert, born January 5, 2001, the sum of $290.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $16.00 per month. C. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $18.00 per month on arrearages until paid in full. z See Support Master's Report and Recommendation dated January 29, 2009. 3 See Exhibit "A" for the tax credits and deductions. a See Exhibit "A" for the tax deductions from gross income. 'See Pa. R.C.P. 1910.16-3. 6 See Exhibit "B" for the guideline calculation. See Exhibit "C" for the calculation. 3 D. Both parties shall continue to provide health insurance coverage for the benefit of said child as is available to them through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 57% by Defendant and 43% by Plaintiff. F. The effective date of the child support order as set forth herein is August 25, 2009, and the effective date of the alimony pendente lite obligation as set forth herein is November 24, 2009. Date Michael R. Rundle Support Master 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Raquel R. Wert Defendant Name: Richard M. Wert Docket Number: 542 S2006 PACSES Case Number: 922108404 Other State ID Number: Tax Year: Current: 2009 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Head of Head of 3. Who Claims the Exemptions Household Household Customize 4. Number of Exemptions 2 2 5. Monthly Taxable Income $2,832.60 $1,864.60 6. Deductions Method Standard Standard 7. Deduction Amount $695.83 $695 83 8. Exemption Amount . $583.34 $583 34 9. Income MINUS Deductions and Exemptions . $1,553.43 $585.43 10. Tax on Income $183.22 $58 54 11. Child Tax Credit . $83.33 $58.54 12. Manual Adjustments to Taxes _ 13. Federal Income Taxes $99 89 -$198 58 13 E . . a. arned Income Credit - $198 58 14 S . . tate Income Taxes $89 51 $58 92 15 FICA P . . ayments $216.69 $142 65 16 Cit Wh . . y ere Taxes Apply --Select-- --Select-- 17 L l I . oca ncome Taxes $28.33 $18.65 TOTAL Taxes $434.42 $21.64 SupportCalc 2009 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet Rule 1910.16-1 at seq. Defendant Name: Richard M. Wert Docket Number: 542 S 2006 PACSES Case Number: 922108404 Plaintiff Name: Raquel R. Wert Other Case ID Number: Defendant Plaintiff 1. Number of Dependents in this Case 1 2. Total Gross Month/ Income $2,832.60 $1,864.60 3. Less Month/ Deductions $434.42 $21.64 4. Monthly Net Income Line 2 minus Line 3 $2,398.18 $1,842.96 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $4,241.14 6. Plus Child's Month/ Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Month/ Net Income - 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 112006 $872.00 11. Net Income as a Percentage of Combined Amount 56.55 _ 43.45 12. Each Parent's Month/ Share of the Child Support Obligation $493.12 $378.88 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: 182 $215.51 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b $8.55 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10, $286.16 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $2$6.16 Prepared by: mrr Date: 11/24/2009 Summary Report S1. PACSES Multiple Family Adjustment - S2. Spousal Support Award $16.07 S3. Adjustment for Excess Mortgage Payments (if Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $302.23 Weekly: $69.56 TAX INFORMATION Tax Method Filin Status Exemptions S6. Defendant 1040 ES Head of Household 2 S7. Plaintiff Manual Single 2 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviatina from Guidelines Calculation and/or Other Case Comments: SupportCak 2009 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Caloulation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Raquel R. Wert Defendant Name: Richard M. Wert Docket Number: 542 S 2006 PACSES Case Number: 922108404 Other State ID Number: 1. Obligor's Month! Net Ir 2. Less All Other Support 3. Less Obligee's Monthly 4. Difference 5. Less Child Support Oblii 6. Difference 7. Multiply by 30% or 40% 8. Income Available for Spc 9. Adjustment for Other Exi 10. AMOUNT OF MONTHLY Prepared bv: mrr SupportCalc 2009 Net I for Curre ISu SUPPORT OR AP $2,398.18 $1,842.96 $555.22 $501.67 $53.55 30.00% $16.07 $16.07 _LDate: 11/24/2009 EXHIBIT "C" 109BEC "1 ?' ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/08/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 922108404 542 S 2006 RE:WERT. RICHARD M. 06-3368 CIVIL OOriginal Order/Notice (2)Amended Order/Notice OTerminate Order/Notice OOne-Time Lump Surn/Notice Employee/Obligor's Name (Last, First, MI) 169-52-8776 Employee/Obligor's Social Security Number HIGHLANDS TIRE & SERVICE 1351101554 1257 MT HOLLY PIKE Employee/Obligor's Case Identifier CARLISLE PA 17013 (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. $ 292.00 $ 16.00 $ 0.00 $ 0.00 $ 16.00 $ 2.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support Arrears 12 weeks or greater? Dyes O no per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 326.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 75 23 per weekly pay period. $ 163.00 per semimonthly pay period (twice a month) $ 150.46 per biweekly pay period (every two weeks) $ 326.00 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, Harrisbu Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NA D T PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SE 17TY NUANIN IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: ti DRO: R.J. Shadday Edward E. Guido, Judge Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El If ghecked you are required to provide a fopy of this form to your mployee. If your employee orks in a state that is di Brent from the state that issued this o er, a copy must be provi?ed to your employee even if tie 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 employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeetobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2517246640 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:WERT, RICHARD M. EMPLOYEE'S CASE IDENTIFIER: 1351101554 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 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WERT, RICHARD M. PACKS Case Number 316110532 Plaintiff Name RAQUEL R. WERT Docket Attachment Amount 06-3368 CIVIL$ 18.00 Child(ren)'s Name(s): DOB PACSES Case Number 922108404 Plaintiff Name RAQUEL R. WERT Docket Attachment Amount 00542 S 2006 $ 308.00 Child(ren)'s Name(s): DOB TYLER E. WERT. 01/,051,01 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M Worker ID $IATT OMB No.: 0970-0154 FILED-Q+ nc ? HE P O i-ONOTARY 2009 DEC -9 Pil 2: 59 W& l ,4L; il= LINTY PENN `i.VAIMA ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Olo -33.1o d CIV I L State Commonwealth of Pennsylvania qa,a I ~ ~'tD `~' Co./City/Dist. of CUMBERLAND 5'-~-oZ S aG(~(o Date of Order/Notice o6/2s/lo Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number HIGHLANDS TIRE & SERVICE 1257 MT HOLLY PIKE CARLISLE PA 17013 Employee/Obligor's Name (Last, First, MI) 169-52-8776 Employee/Obligor's Social Security Number 1351101554 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MD See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an 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 thes< amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. n o $ 290.00 $ o.oo $ 0.00 $ 0.00 $ i6.oo $ 2.00 $ o.oo $ o.oo per month in current child support per month in past-due child support Arrears 12 weeks or greater? per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment C~ ® , ~ ,- ~ y. `,/. r;~ i_ t~ ~` 0 N hti u J -r1 Y ;'ci - ~; -~; . r t- -~ ti+< ac for a total of $ 308.00 per month to be forwarded to payee below. ~- You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 70 . ea Per weekly pay period. $ ls4 . oo per semimonthly pay period (twice a month) $ 141.76 per biweekly pay period (every two weeks) $ 3os. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. ~ 4374(b)) requires remittance by an electronic aayment 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 1 71 06-9 1 1 2 /N ADDIT/ON, 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 /N ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAII. /Ji1~`" f/li_ / ~~ BY THE COURT: ~~~ ~ h~.J . 5.11adda~ Service Type M OMB No.: 0970-0154 OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE: WERT, RICHARD M. Rlber~ N, Form EN-028 Re~NS Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If ~hecke~i you are required, to provide a~opy of this form to poured to your emot~ r employee works in a state that is di Brent from the state that issued this or er, a copy must be rovi ployee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligoranct you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2517246540 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S NAME:WERT, RICHARD M. EMPLOYEE'S CASE IDENTIFIER: 1351101554 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligorfrnm employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respell to these items. t ~ . Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB NO.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT J ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WERT, RICHARD M. PACSES Case Number 316110532 PACSES Case Number 922108404 Plaintiff Name Plaintiff Name RAQUEL R. WERT RAQUEL R. WERT Docket Attachment Amount Docket Attachment Amount 06-3368 CIVIL$ 18.00 00542 S 2006 $ 290.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB TYLER E. WERT O1/O5/O1 PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMB NO.: ov7o-0154 Worker I D $ IATT f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAQUEL R. WERT, Plaintiff V. RICHARD W. WERT, Defendant CASE NO. 2006-3368 IN DIVORCE CLAIM FOR EQUITABLE DISTRIBUTION ty 7: < -a ,- 5> C: r- rn AND NOW, comes Defendant Richard W. Wert, by and through his undersigned counsel, Sheri D. Coover, ESQ. and files this CLAIM FOR EQUITABLE DISTRIBUTION and in support of that claim avers as follows: 1. On June 13, 2006, Plaintiff initiated this action in Divorce by filing a complaint for Divorce with this Court. 2. On or around June 14, 2006, personal service of the Divorce Complaint was made upon the Defendant Richard W. Wert. 3. During the marriage the parties accumulated marital debts and marital assets which need to be divided and distributed to settle the divorce. WHEREFORE, Defendant respectfully requests that this Court issue an Order addressing the distribution of marital debts and marital assets between the parties. Res ctf illy submitted, 011Z - "(-- I , - eri oover, ESQ. Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 Q-3 j-7-6' pct Cc.77 cf- # 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAQUEL R. WERT, CASE NO. 2006-3368 Plaintiff V. RICHARD W. WERT, IN DIVORCE Defendant CERTIFICATE OF SERVICE 1, Sheri D. Coover, ESQ. hereby certify that on this day of ' ?Q # , 2010, I caused the foregoing CLAIM FOR EQUITABLE DISTR UTION to be served upon the counsel for the Plaintiff addressed as follows: Douglas Miller, Esquire West Pomfret Professional Building 60 W. Pomfret Street Carlisle, Pa 17013 submitted, Sh D. Coover, ESQ. ttorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ? NO. 06-3368 CIVIL TERM RICHARD M. WERT, IN DIVORCE '-M'i Defendant PACSES CASE: 316110532 - -??.-, -r3 CD r,0 ORDER OF COURT r, r { AND NOW, this 29th day of March 2011, a petition has been filed against you, Raquel R. Wert, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on April 19, 2011, 2011 at 9:00 A.M. for a conference and 1.0 remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner BY THE COURT, Respondent Sheri D. Coover, Esq. Date of Order: March 29, 2011 Albert H. Masland, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RAQUEL R. WERT ) Docket Number: 06-3368 CIVIL. Plaintiff ) vs. ) PACKS Case Number: 316110532 RICHARD M. WERT ) Defendant ) Other State ID Number: -_2 U) y .fo PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of RICHARD M. WERT respectfully represents that on DECEMBER 3, 2009, an Order of Court was entered for the support of RAQUEL R. WERT A true and correct copy of the order is attached to this petition. U z. C) C3 -0 N ,t Form OM-501 Service Type M Worker ID 21203 WERT v. WERT PACSES Case Number: 316110532 2. Petitioner is entitled to O increase decrease O termination O reinstatement O other of this Order because of the following material and substantial change(s) in circumstance: Vd 4 05?L )CO WHEREFORE, Petitioner requests that the Court modify the existing order for support. Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date er Form OM-501 Service Type M Page 2 of 2 Worker ID 21203 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION - 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 170131 ,,0111, R 29 F',41 2: Defendant Name: RICHARD M. WERT Member ID Number: 1351101554 lgrf16ERLAND COUH Y P ENNSY LVANIA Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket fyumber Attachment Amount/FreMuency Plaintiff Name Case e Num Number RAQUEL R. WERT 316110532 06-3368 CIVIL 18.00 / MONTH RAQUEL R. WERT 922108404 00542 S 2006 306.00 MONTH TOTAL ATTACHMENT AMOUNT: $ 324.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 74.56 per week, or 55%, of the Unemployment Compensation benefits otherwise payable to the Defendant, RICHARD M. WERT Social Security Number XXX-XX-8776, Member ID Number 1351101554. OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated MARCH 20, 2011 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: MAR 2 9 2011 BY THE COURT AlbEr+ 14 MnsJo-t?a? JUDGE Form EN-530 Service Type M Worker ID $IATT RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-3368 CIVIL TERM C:? RICHARD M. WERT, IN DIVORCE ..t Defendant PACSES CASE: 316110532 rnw =-n :zm CD c? 4 C) ORDER OF COURT < -TI AND NOW, this 20th day of April 2011, a petition has been filed against you, Raquel Rtt4iodl m an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Re14ns gcticbr 13 North Hanover Street, Carlisle, Pennsylvania, on May 11, 2011, 2011 at 10:30 A.M. for a confefenc4Fand remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Sheri D. Coover, Esq. Douglas G. Miller, Esq. Date of Order: April 20, 2011 BY THE COURT, Albert H. Masland, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MCD M C_ C7- Poi CASE N0.2006-3368 N rj ' CD RICHARD W. WERT, ,-, Defendant IN DIVORCE .? ?.,,.. ? to • ,_,: PETITION FOR RULE TO SHOW CAUSE AND NOW, this 22nd day of June, 2011, comes the Petitioner Sheri D. Coover, Esquire and files this Petition for Rule to Show Cause and represents as follows: 1. Petitioner is Sheri D. Coover, Esquire attorney for Richard Wert with an office at 44 S. Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Respondent, Raquel Wert, who is represented by Douglas Miller, Esquire of Irwin & McKnight, 60 W. Pomfret Street, Carlisle, PA 17013. 3. Respondent Richard Wert resides at 598 Mountain Road, Newville, Pennsylvania. 4. Petitioner was retained to represent Richard Wert in the above-captioned action. 5. The parties are currently engaged in a divorce proceeding that is currently scheduled to be heard before Master Elicker. 6. Petitioner has represented prepared numerous documents and has represented Mr. Wert at other proceedings regarding the divorce. 7. Richard Wert has not paid Petition in full or in substantial amount for her services rendered by the Petitioner to this date. 8. It is anticipated that Petitioner's fees will continual to accumulate and will become substantial if Petitioner were to continue to represent Mr. Wert. 9. Petitioner has attempted to correspond with Richard Wert about the outstanding bill and future costs of legal services, but has been unsuccessful in reaching an agreement whereby Mr. Wert would perform his duty of paying Petitioner as he committed to in the retainer agreement. 10. Petitioner avers that Mr. Wert could be successful in securing substitute counsel to represent him and that neither party would be prejudiced by the granting of the within motion. 11. An effort was made to contact Attorney Miller about the instant matter but he was not available because he was reported to be on vacation the week of June 20, 2011. His position on the instant motion is unknown. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter a Rule upon the Respondent to show cause why Petitioner should not be permitted to withdraw from this case as counsel for Richard Wert. Ily submitted, Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2006-3368 RICHARD W. WERT, Defendant IN DIVORCE VERIFICATION I, Sheri D. Coover, Esquire hereby certify that the facts contained in the foregoing MOTION are true and correct to the best of my knowledge information and belief. I understand that I can be subject to the penalties of perjury for any false statements contained therein. ?-a)'-C?o [ f Date ...... - VVV -, -11---- RAQUEL R. WERT, Plaintiff V. RICHARD W. WERT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 2006-3368 IN DIVORCE CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certifies that on this 22nd day of June, 2011,1 caused the foregoing DEFENDANT'S PRE-TRIAL STATEMENT to be served upon Plaintiff's counsel via United States First class mail addressed as follows: Douglas G. Miller, Esquire Irwin & McKnight 60 W. Pomfret Street Carlisle, PA 17013 Richard Wert 598 Mountain Road Newville, PA 17241 Respextfully submitted, Keri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania 9a,2 / D $ ?-D Co./City/Dist. of: CUMBERLAND .5?? S aDU(G Date of Order/Notice: 06/21 /11 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BERKS AND BEYOND 1505 MARKET ST CAMP HILL PA 17011-4816 RE: WERT, RICHARD M. D;n - 3 R (')v'IC_ 0' Original Order/Notice Q Amended Order/Notice O Terminate Order/Notice O One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 169-52-8776 mp oyee Igor s oaa ecunry um er 1351101554 Employee/Obligor's Case en-t er (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 tty;your State. h a "` $ 290.00 per month in current child support -,03 --' =- -n $ 16.00 per month in past-due child support Arrears 12 weeks or greater? iss r14 $ 0.00 per month in current medical support ,r7- r+3 $ 0.00 per month in past-due medical support ?T> fV 4<? $ 16.00 per month in current spousal support -'v 5-n $ 2.00 per month in past-due spousal support ?n =19 x--` $ 0.00 per month for genetic test costs ZC tV °4r°3 0 00 T' $ . per month in other (specify) w $ one-time lump sum payment for a total of $ 324.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 74."11 per weekly pay period. $ 162.00 per semimonthly pay period (twice a month) $ 149.S4per biweekly pay period (every two weeks) $ 324.00 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. _1? I _ -Or BY THE COURT: tv- Al be-r+ H . IU1aslar-ol, JLAff_Q_ OMB No. 0970-0154 Form EN-028 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* 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. 2726100293 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: Q EMPLOYEE'S/OBLIGOR'S NAME: WERT, RICHARD M. EMPLOYEE'S CASE IDENTIFIER: 1351101554 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WERT, RICHARD M. PACSES Case Number 316110532 Plaintiff Name RAQUEL R. WERT Docket Attachment Amount 06-3368 CIVIL $ 18.00 Child(ren)'s Name(s): DOB PACSES Case Number 922108404 Plaintiff Name RAQUEL R. WERT Docket Attachment Amount 00542 S 2006 $ 306.00 Child(ren)'s Name(s): DOB TYLER E. WERT 01/05/01 PACSES Case Number Plaintiff Name 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 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT IN THE COURT OF COMMON PLEAS RAQUEL R. WERT, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CASE NO. 2006-3368 n r , = , .? RICHARD W. WERT, 'r rn ?r Defendant IN DIVORCE Cnr- -<> rv r- > ORDER OF COURT " a AND NOW, this ay of 2011, upon petition of Sheri D. Coover, Esquire a Rule is hereby issued upon the parties to show cause why the Petitioner should not be permitted to withdraw as counsel for Richard Wert. Rule returnable _2,2 days after the date of service of this Order. A? s? 1fZ) e r ?r^ Distribution List: d Sheri D. Coover, Esquire (Petitioner) 44 S. Hanover Street, Carlisle, PA 17013 Douglas Miller, Esquire (Attorney for Plaintiff) Irwin & McKnight, 60 W. Pomfret Street, Carlisle, PA 17013 Richard Wert (Respondent) 598 Mountain Road, Newville, PA 17241 ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT U? -(L1 C;l'?'' ! State: Commonw.alth of Pennsylvania G/ ?):, I G U4 Co./City/Dist. of'. CUMBERLAND Date of Order/Notic : 07/04/11 Case Number (Se Addendum for case summary) RE: WERT, RICHARD M. Employe rMithholder's Federal EIN Number BERKS & B YOND EMPL SVCS INC 926 PENN VE WYOMISSI G PA 19610-3017 (j Original Order/Notice Q Amended Order/Notice O Terminate Order/Notice O One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 169-52-8776 Employee/Obligor's Social Security Number 1351101554 Employee /Obligor's Case enti ier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Add ndum 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. $ 290.0 per month in current child support $ 16.0 per month in past-due child support Arrears 12 weeks or greater? O yH noc:. $ 0.0 per month in current medical support ° -'? $ 0.0 per month in past-due medical support CO $ _ 16.0 per month in current spousal support Z? C- rn- r $ 2.0 per month in past-due spousal support C/) D C -< ? $ 0.0 per month for genetic test costs r.- Z: -- CD 0.01 per month in other (specify) CD -p ?-rt $ one-time lump sum payment X _ o N for a total of $ 324.00 per month to be forwarded to payee below. -4 rv 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 suppor t payment cycle, use the following to determine how much to withhold: $ 74,77 er weekly pay period. $ 162.00 per semimonthly pay period (twice a month) $ 149.51 er biweekly pay period (every two weeks) $ 324.00 per monthly pay period. REMITTANCE INF ORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after he date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You a re entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your empl yee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ ob igor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following inform ation 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 order ed to withhold income from more than one employee and employs 15 or more persons, or if an employer ha s a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania Sta a Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 fo r instructions. PA FIPS CODE 42 000 00 Make Remitta ce Payable to: PA SCDU Send check to Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA MENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as he Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. D NOT SEND CASH BY MAIL. BY THE COURT: p; s OMB No. 0970-0154 Form EN-028 Service TvoelM Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of tliis fr,,)!M N) Your employee. If your employee works in, a state tfra' different from the state that issued thzs order i copy oiost be provided to your employee even if the box is not checkeiJ 1 Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.` Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments 4.` Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2329633560 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: WERT, RICHARD M. EMPLOYEE'S CASE IDENTIFIER: 1351101554 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) (15 U.S.C 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state,pa.us 'VH "` Form EN-028 Service Type M Page 2 of 2 Worker ID $IATT ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: WERT, RICHARD M. PACSES Case Number] 316110532 PACSES Case Number 922108404 Plaintiff Name Plaintiff Name RAQUEL R. WERT RAQUEL R. WERT Docket Atta bment Amount Docket Attachment Amount 06-3368 CIVIL $ 18.00 00542 S 2006 $ 306.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB TYLER E. WERT 01/05/01 PACSES Case Numbe PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACKS Case Numbe PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Tvp ' M OMB No 0970-0154 Worker ID $IATT RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-3368 CIVIL TERM RICHARD M. WERT, IN DIVORCE Defendant/Respondent: PACSES Case No: 316110632 ORDER OF COURT AND NOW to wit, this 7th day of July, 2011, it is hereby Ordered that the Order for Alimony Pendente Lite is suspended, effective March 29, 2011, pursuant to the parties' current incomes. There is a remaining balance of $287.94. Collection of the remaining balance will be held in abeyance and may be used in equitable distribution in the divorce proceedings. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: DRO: R.J. Shadday xc: Petitioner Respondent Douglas G. Miller, Esq. Sheri D. Coover, Esq. Service Type: M Albert H. Masland, VINVAIASNN3d A,lf not Q b1938M SE :Z Wd L- l(1(' 110Z a.MONOH1Qdd 3HI 3€? 3313A0-0311) J. Form OE-001 Worker: 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: RICHARD M. WERT Financial Break Down of Multiple Cases on Attachment Plaintiff Name RAQUEL R. WERT PACSES Docket Case Number Number 922108404 00542S 2006 010-33L012 Civil Attachment Amount/F*ueAq 240.00 MONTH TOTAL ATTACHMENT AMOUNT: $ 240.00 ^i 2-n mF "OM = C? -•dC? =-n 01-n ? r7 b Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $55.23 per week, or 55.0%, of the Unemployment Compensation benefits otherwise payable to the Defendant, RICHARD M. WERT Social Security Number XXX-XX-8776, Member ID Number 1351101554. OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated MARCH 20, 2011 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JUL 0 8 2011 JUDGE Form EN-034 Service Type M Worker ID $IATT Member ID Number: 13,51101554 Please note: All correspondence must include the Member ID Number. C ORDERMCITICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania qI D?? 4-O4 Co./City/Dist. of: CUMBERLAND 5?1 S aE) C L, Date of Order/Notice: 07/07/11 Case Number (See A en um for case summary) EmployerWithholder's Federal EIN Number BERKS & BEYOND EMPL SVCS INC 926 PENN AVE WYOMISSING PA 19610-3017 RE; WERT, RICHARD M. ?? - 33InS Civil 0 Original Order/Notice Q Amended Order/Notice O Terminate Order/Notice 0 One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 169-52-8776 Employee/Obligor's Social Secur1V9U_MI5e_r 1351101554 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. $ 223.00 per month in current child support $ 17.00 per month in past-due child support $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 240.00 per month to be forwarded to payee below. (My CZ, esp;0 M MW " -I -n Zrn - om r- -am ? cnr ? i ? ? o? r C:) C:) -- C y r c.a ---s 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: $ 55.3CA per weekly pay period. $ 120.00 per semimonthly pay period (twice a month) $ I I D .11 per biweekly pay period (every two weeks) $ 240.00 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: Arrears 12 weeks or greater? OMB No.: 0970-0154 Form EN-028 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [-I If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2329633560 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: WERT, RICHARD M. EMPLOYEE'S CASE IDENTIFIER: 1351101554 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: - NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the iesser 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 frig health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us OMB No. 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: WERT, RICHARD M. PACSES Case Number 922108404 PACSES Case Number Plaintiff Name Plaintiff Name RAQUEL R. WERT Docket Attachment Amount Docket Attachment Amount 00542S 2006 $ 240.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB TYLER E. WERT 01/05/01 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT RAQUEL R.WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA V. W : CIVIL ACTION-LAW No. 2006—3368 CIVIL TERM RICHARD W. WERT, 'fl Defendant. : IN DIVORCE ' �� r f" X1 PLAINTIFF'S MOTION TO COMPEL _ X F ANSWERS TO DISCOVERY -C AND NOW, comes the Plaintiff, Raquel R. Wert, by and through her attorneys, Irwin& McKnight, P.C., and files the following Motion: 1. On' or about June 13, 2006, Plaintiff filed a Divorce Complaint, initiating this action. 2. On or about May 10, 2011, Plaintiff served upon Defendant's then legal counsel Interrogatories and Request for Production of Documents. The Plaintiff's Request for Production of Documents by Defendant are attached hereto and incorporated herein by reference as Exhibit"A". 3. Defendant's then legal counsel, Sheri D. Coover, Esquire, subsequently was permitted to withdraw from representing Defendant in the divorce action. 4. Defendant then provided to the undersigned legal counsel handwritten, unverified answers to the Plaintiff's Interrogatories. A true and correct copy of the handwritten, unverified responses provided by the Defendant are attached hereto and incorporated.herein by reference as Exhibit"B." 5. Defendant also dropped off at the offices of the undersigned attorney a limited number of papers purportedly in response to the Plaintiff's Request for Production of Documents. 6. Defendant did not provide a formal response to the Plaintiff's written Request for Production of Documents, did not verify his responses, and did not provide documents of the kind,nature,and during the time frames specifically requested by Plaintiff. 7. On March 22, 2013, counsel for Plaintiff wrote to Defendant requesting complete, verified responses to the outstanding discovery requests. A true and correct copy of the correspondence to Defendant of March 22, 2013, is attached hereto and incorporated herein as Exhibit"C." 8. To date, Defendant has not filed answers or objections to the original Request for Production of Documents or contacted the undersigned or provided a response to the recent correspondence. 9. The information sought in these discovery requests is essential to the Plaintiff in order to move this matter forward and complete the divorce. 10. Upon information and belief, no judge has previously been assigned to this matter, although the Divorce Master of Cumberland County was appointed and is this matter is currently still pending before the Divorce Master. I WHEREFORE, Plaintiff Raquel R. Wert respectfully requests this Honorable Court to enter an Order directing that Defendant, Richard M. Wert; fully and properly respond to the Request for Production of Documents and properly verify his responses in accordance with the Pennsylvania Rules of Civil Procedure, or face additional sanctions under the Pennsylvania Rules of Civil Procedure. Respectfully submitted, IRWIN& MCKNIGHT,P.C. c Dated: May 24, 2013 Douglas G.Piller,Esquire Supreme Court ID Number: 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 (717)249-2353 Attorney for Plaintiff A y EXHIBIT "A" RAQUEL R.WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION-LAW RICHARD M.WERT, : 2006—3368 Defendant : IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS BY DEFENDANT TO: Richard M.Wert,Defendant c/o Sheri D.Coover,Esquire 44 South Hanover Street Carlisle,PA 17013 YOU ARE HEREBY NOTIFIED that pursuant to Pa. R. Civ. P. 4009.1, Plaintiff, Raquel R. Wert, by and through her legal counsel, Irwin & McKnight, P.C., hereby propounds the following Request for Production of Documents and tangible things which are in the possession, custody, or control of the parry to whom this request is directed, their designated agents, representatives, and attorneys within thirty (30) days after service. The documents and tangible things requested herein must be produced at the law offices of Irwin&McKnight, P.C., West Pomfret Professional Building, 60 West Pomfret Street, Carlisle, Pennsylvania in accordance with Pennsylvania Rules of Civil Procedure or applicable local rule of Cumberland County prior to the indicated time for production thereof. IRWIN&McKNIGHT,P.C. Dou as G. M- e ,Esquire Supreme Court I.D.No..83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle,PA 17013-3222 {717}249-2353 Date: May 10,2011 Attorney for Plaintiff INSTRUCTIONS AND DEFINITIONS 1 "You" or "yours" means the Defendant and/or all corporations, partnerships or sole proprietorships that Defendant owns or in which he/she has a controlling interest, and any employee, agent servant or independent contractor of Defendant. 2. "Defendant'' unless otherwise specified, shall mean the Defendant answering the Interrogatories. 3. "Document," "record," "file," or "report" all refer to and mean the original, all drafts thereof, and all copies of any written,printed,recorded or other graphic matter,whether on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other means of information retrieval and storage,however produced,reproduced or prepared. 4. "Person" or "individual" means a natural person, a partnership, a corporation, an unincorporated association, a government (or agency thereof), a quasi-public entity, or other form of entity. S. This Request applies to all documents in your possession, custody or control or in the possession, custody or control of persons acting or purporting to act on your behalf, including, but not limited to your present and former agents, servants, contractors, employees, accountants, attorneys, investigators,indemnitors,insurers,consultants and sureties. 6. Each of the following is intended to be a separate request. Where a request has subparts,please respond to each subpart separately and in full. Do not limit any response to the numbered requests as a whole. 7. If you have objection to any request,please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. 8. Before responding to this Request, you are required to make a diligent search of your files and records to ascertain whether you have documents which would be responsive to a given request. Your agents,representatives, employees, attorneys and other individuals acting or purporting to act on your behalf must do the same. 2 i t• DOCUMENT REQUESTS 1. All documents requested to be provided or relied upon by you to answer those Interrogatories served on you simultaneously with these requests. 2. Copies of federal income tax returns signed and filed by you, together with all accompanying W-2s, 1099s, attached schedules and exhibits filed for tax years 2006 through the present. 3. All statements, including check registers, issued by any bank, savings institution or other financial institution from January 1, 2008 through the present, for all accounts held by you in your name or in your name jointly with any other person, or entity, or in your name as trustee for any other person, regardless of whether or not the account or accounts have been closed. 4. All documents including but not limited to any individual retirement account, pension plan, profit sharing plan, savings plan, Keogh plan, 401(k) plan, annuity, retirement benefit, stock bonus plan, stock option plan or thrift savings plan through any current or previous employer or regarding any other retirement benefits still due or due in the future, including the summary plan description and other such information regarding each retirement plan, as well as annual statements for the past five(5)years. 5. All financial statements or documents referring to any deferred compensation plan to which you are entitled by reason of any present or past employment, including any understanding regarding the future distribution of earnings presently retained or anticipated to be received. 6. All 1099s issued by any person or entity for which you have performed services since January 1,2008 to the present. 7. Copies of any and all title, registration, and insurance documentation for any automobile, truck, camper, mobile home, motorcycle, boat airplane or other vehicle of any nature, as well as any documents relating to indebtedness or financing for each vehicle. 8. All records pertaining to real estate in which you have acquired or may have acquired an interest during the period of your marriage, other than for the property known and numbered as 598 Mountain Road, Newville, including any leases or mortgages related thereto (including monthly payments and present outstanding balance of principal and interest)together with any evidence showing all contributions in cash or otherwise made by you to the acquisition of such real estate. 3 9. All life insurance policies in which you have any interest as an owner, insured, or beneficiary including any change of beneficiary forms executed by you within the last three (3) years. 10. Copies of any and all brokerage account statements or securities owned by you individually,jointly with any person or entity, or as trustee, guardian or custodian during the last five (5) years, including in such records the dates of purchase and amounts paid for such securities. 11. All records of any and all securities and investments owned by you and not reflected in any brokerage account records or statements. 12. All records of all estates of decedents from which you have received, are receiving, or will receive any inheritance in either personal property, real property, monetary assets, or other assets of any kind,whether in trust or otherwise. 13. If you are alleging any physical or mental disability which impairs your earning capacity, provide a copy of any physician's or other medical practitioner's report or statement that has been given to you or prepared on your behalf in the last two(2)years. 14. All records indicating any and all interests of any kind held by you, either directly or.indirectly, in the last five (5) years in any corporations (foreign or domestic),joint ventures, partnerships,realty trusts or other legal entities. 15. Copies of all corporate records, specifically including articles or organization and by-laws, for every corporation in which you have a legal or equitable ownership interest. 16. All records pertaining to stock options in any corporation or other entity, whether exercised or not yet exercised. 17. All financial statements, balance sheets and income statements received by you with respect to any and all proprietorships, corporations (foreign or domestic), joint ventures, partnerships, realty trusts or other legal entities in which you hold a legal or equitable ownership interest, individually or otherwise in the last five(5)years. 18. Copies of all partnership and joint venture agreements to which you are a party. 19. Copies of all mortgages, notes receivable or other evidence of debts due to you individually or otherwise, and executed or payable within the last five(5)years. 4 20. All records that relate to any secured or unsecured loan(s) made to you whether from a member of your family, a banking institution, or any other individual or entity within the last five(5)years. 21. All records or receipts that relate to the sale, gift, or other transfer of personal property since the date of separation,but acquired during the marriage of the parties. Respectfully Submitted, IRWIN&McKNIGHT,P.C. t Dou as .Miller,Esquire Supreme Court I.D.No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle,PA 17013-3222 (717)249-2353 Date: May 10,2011 Attorney for Plaintiff 5 EXHIBIT "B" 9 RAQUEL R.WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION-LAW RICHARD M.WERT, : 2006—3368 Defendant : IN DIVORCE PLAINTIFF'S INTERROGATORIES TO DEFENDANT TO: Richard M.Wert,Defendant c/o Sheri D. Coover,Esquire 44 South Hanover Street Carlisle,PA 17013 YOU ARE HEREBY NOTIFIED that pursuant to Pa. R. Civ. P. 4005 and 4006, YOU ARE .REQUIRED TO ANSWER THESE INTERROGATORIES within thirty (30) days. These Interrogatories shall be deemed to be continuing Interrogatories, and you are under a continuing obligation to update your Answers. The Answers must be signed by the person making them, and the objections must be signed by the attorney making them. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory the remainder of the Answer shall follow on a supplemental sheet. Each Interrogatory is intended to require a complete disclosure of all information and evidence presently in Defendant's possession that pertains to such Interrogatory. The person(s) responsible for answering such Interrogatory must be identified along with their titles and addresses. Each person answering an Interrogatory must separately verify that they have answered the Interrogatory truthfully to the best of their knowledge and belief. IRWIN&McKNIGHT,P.C. v Douglas UMiller,Esquire Supreme Court I.D.No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle,PA 17013-3222 (717)249-2353 Date: May 10,2011 Attorney for Plaintiff DEFINITIONS Unless negated by the context of the Interrogatory, the following definitions are to be considered to be applicable to all Interrogatories contained herein: 1.1 "Iron" or "yours" means the Defendant and/or all corporations, partnerships or sole proprietorships that Defendant owns or in which he/she has a controlling interest, and any employee, agent servant or independent contractor of Defendant. 2. "Defendant" unless otherwise specified, shall mean the Defendant answering the Interrogatories. 3. "Identify" or "identify" when used with reference to a document, shall mean to: (a) state the date; (b) identify the author (and, if different, the originator, and/or signers); (c) identify the addressees (and, if different, the recipients); (d) state the present (or last known) locations of the original and all copies and identify all custodians; and, (e) state whether Defendant, or anyone acting on Defendant's behalf, is in possession of the original or a copy of the document all with sufficient particularity to satisfy the requirements for its inclusion in a request for inspection and copying pursuant to Pa. R. Civ. P.4009. 4. "Identify" or "identify" when used with reference to an oral statement, representation or conversation shall mean to: (a) identify the person making each statement, the person to whom each statement was made, and all other persons present at the time of each statement; (b) state the place where such statement or conversation was held; or (c) if by telephone, identify the person making the call and state the places where the persons participating in the call were located; and, (d) describe in detail the substance of each statement or conversation. 5. "Identify" or "identify" when used with reference to a person shall mean to state the: (a) fall name; (b) title; (c) current position and business affiliation; (d) the person whom he/she was representing or acting for; (e) current business address(or last known, with indication of the date of the last knowledge); and, (f) current address of residence (or last known, with indication of the date of the last knowledge). 6. "Document" means any written, printed, recorded or other graphic matter, whether produced, reproduced or stored on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other medium and includes,but is not limited to originals, every copy with any note or change thereon, drafts, every other date compilation from which this information can be obtained, and the information necessary to translate the compiled data into usable form. 2 7. "Person" or "individual" means a natural person, a partnership, a corporation, an unincorporated association, a government (or agency thereof), a quasi-public entity, or other form of entity. 8. "Location" means the address and the separate office, room or other specific designation,if any is possible. 9. "Describe," and/or "state" and/or "list" shall mean to set forth fully and unambiguously every fact relevant to the Answer called for by the Interrogatory of which Defendant or its agents, employees or representatives have knowledge. 10. "Date" means the exact day, month and year if ascertainable, or if not, the best approximation including relationship to other events. 11. No answer is to be left blank. If the answer to an interrogatory or subparagraph of an interrogatory is "none' or "unknown," such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. If an answer is omitted because of the claim of privilege,the basis of privilege is to be stated. 12. These interrogatories are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, are to be supplied by supplemental answers. 13. If additional space is required for an answer, attach a supplemental answer sheet that clearly identifies the interrogatory number or numbers. 3 f ! c INTERROGATORIES 1. State your full name, age with date of birth, residence and post office address, home telephone number, social security number and present military status. ANSWER: 1\ w>}M-e- PDi V-12.c j ki 0 �V YT\.t P\0One_-bi\1j 1U. p11 nom. aa-ft,� I Coq - 5)'-p% 2. State your educational background since graduation from high school. Include all educational institutions attended, dates of attendance, and degrees or certificates obtained. ANSWER: �l c no+ ice Pn l� ` seal Lv J Low. 4 i 3. With reference to any previous marriage by you, identify fully: a. The date and place of marriage. b. The name of prior spouse. C. The names, ages, date of birth and addresses of any children, including name of custodial parent for any dependent children. d. The date,place, and reason or cause of termination or dissolution of marriage. ANSWER: Idol -6�A Ppw�uf lvf(�O-P' no 4. Identify any physical, mental, or emotional disability or diagnosis that you believe impairs your earning capacity. ANSWER: A)�� 5 A 5. A. Do you conduct any business or profession as a sole proprietor,partner,or corporation? ANSWER: Q),d B. If your Answer is in the affirmative, identify fully: a. The nature of the business thereof. b. The name, address, and telephone number of the business thereof. ANSWER: �� C. If your Answer is a partnership, list the names and addresses of all partners and the extent of their interest therein. ANSWER: D. If your Answer is a corporation, list the names and addresses of all directors, officers and shareholders, the extent of their shareholdings and the relationship to you of all partners, shareholders, directors and officers. ANSWER: Q4 6 j 6. With reference to the enterprises set forth in question #5, identify where the books and records thereof are kept, the name and address of the person in whose charge they are and the name and address of any accountants and auditors whose services are used. ANSWER: 7. With reference to the enterprises set forth in question#5,identify the following: a. Your percentage interest in said enterprise including the date you acquired your initial interest and any subsequent interest. b. The date and amount of any contributions made by you to said enterprise within the last five(5)years C. Whether you have sold, gifted or otherwise disposed of all or part of your interest stating the date, percentage of interest involved, and the terms of sale or other disposition. d. Any loans made by you to the enterprise or by the enterprise to you, or any redemptions, dividends, or return of contributions within the past three(3) years. ANSWER: 7 8. As to each of your Federal income tax returns for the last five (5) years, attach complete copies of the signed returns hereto, including any and all W-2s, attachments, and schedules, and identify fully: a. The gross income and source thereof; and b. The net taxable income. ANSWER: 9. Itemize all current income benefits or interests in any qualified or unqualified deferred compensation arrangement or retirement program, such as,but not limited to IRAs, Keogh Plans, 401(K) Plans, pensions, annuities, retirement plans, profit sharing plan, stock bonus plan, stock option plan, or thrift plan identifying the name, source, type and amount of each, including any amount you may currently be receiving from said interest. With regard to the amount of each, identify the value of each at the date of marriage, date of separation, and most current value along with supporting documentation. I ANSWER: D'& - � C��. of Marti �s j 0�?�N C c�� G�a+ p rab$y) J Gt.►1 c),t r4pA ,ty t'l l3 l h La,�►^e e r�e o-- n4oes�-5 8 10. If you own or have any interest in an automobile, truck, camper, mobile home, motorcycle, boat, airplane or vehicle of any nature, identify each item and your interest therein, stating the make,model, year, price paid the item, its present value, current mileage, location and the name and address of any co-owners. ANSWER: �Y / ZZ g Y 4VN�- Identify the nature of any lien or security interest to which any of the items listed by you in the Answer to the preceding question are subject, identifying the name and address of the holder thereof, the holder's relationship to you, the amount and frequency of payments you make thereon, the balance due, and whether you are current in making said payments. ANSWER: Y 9 M '• 12. Itemize all bank and savings and loan association accounts, time deposits, certificates of deposit, treasury notes, savings clubs, and checking accounts in your name or in which you have an interest, showing the name and address of each depository, the present balance therein, the balance as of the date of marriage, the balance at the time of the filing of the Divorce Complaint in this matter, the name and address in which each is registered, and the present location, value, and custodian of the deposit books or certificates. Identify all bank accounts and give account numbers. ANSWER: 13. Identify whether you own any household goods, furniture,jewelry, antiques, art work, or other items of value either individually or as a collection exceeding $500.00, setting forth for each item, or collection, as the case may be, a description, the date of acquisition,purchase price or value at acquisition if not purchased, your opinion as to the fair market value, and present location. ANSWER: r(Y1�c12a;v�iL �� S - VCr Sr�G� rt x:4-5 Wre ✓te� --�-J) �c7 ..� V` 5 00, L 2-4 10 14. Itemize all shares of stock, securities, bonds, mutual funds, municipal bonds, money market funds, gold funds and other investments,other than real estate, in your name or in which you have an interest, showing where and in whose name they are registered, the identity of each item, its market value as of the date of marriage, its market value at the time of the filing of the Divorce Complaint, its current market value, the amount of dividends or other income paid by each on at least an annual basis, and the present location and custodian of all certificates or evidence of such investments. ANSWER: NO A) 15. A. During the last three (3) years have you sold, transferred or otherwise disposed of any items referred to or identified in response to questions 10 through 14, or any interest therein, to other than your spouse? ANSWER: A/1) B. If your Answer is in the affirmative, identify fully: a. Which items were sold,transferred or otherwise disposed of. b. To whom each item was sold,transferred or otherwise disposed of. C. The dates of the transaction and the consideration received for each. ANSWER: 11 v 16. As to all real estate which you own or in which you have an interest, identify fully: a. The location, type of property and deed references. b. If still owned by you,the current appraisal value of such property. C. The date of purchase and price paid. d. The name and address of all co-owners and the amount of their interest. e. The name and amount of mortgages, lines of credit,home equity loans, or other liens thereon, the balance due for each and the name and address of the mortgagee. f. If it is income property,the name of all tenants or occupants and the annual rent paid by each. g. The itemized operating expenses, including but not limited to taxes,mortgage and loan payments, insurance,heating fuel, water and other utilities. ANSWER: \`. .._ nod p uw ro Or 12 17. If you have sold or otherwise disposed of any real estate other than the property known and numbered as 598 Mountain Road, Newville, or interest therein in the past three (3) years, identify fully: a. The location and type of property. b. The date of sale, selling price and original cost thereof. C. The name and address of the purchaser. d. The relationship of the purchaser to you. e. The disposition of the proceeds of the sale. ANSWER: A JI 18. List all life insurance policies in which you are the insured or a beneficiary showing as to each policy: a. The name of the company, the face amount and the policy number. b. The name of the insured,the beneficiary, and their relationship to you. C. The annual premiums and who pays them. d. The present cash surrender value. ANSWER: V0 13 19. List any and all property or thing of value which you hold in trust for anyone, identifying the nature of the property and its location and custodian, the present value and original cost of each, the name and address of the person for whose benefit you are holding the same and that person's relationship to you, the conditions or terms of the trust and how such property was acquired and who paid the consideration. ANSWER: 20. If you contribute to anyone's support or welfare, identify fully the name and address of those whom you support, their relationship to you, the amount and frequency of the support payments, whether the payments are voluntary or by Court order and the name address of the Court and every attorney involved. ANSWER: er Ste '' 13y Lc-- v�J -A-�`�l l�se vim', 14 21. If you are presently unemployed, either permanently or temporarily, identify fully: a. The commencement date of your unemployment. b. The reason therefor and the date when you expect to return to employment. C. The name and address of your last employer. d. The amount of sick pay,workmen's compensation awards, disability, unemployment or insurance benefits. e. The amount of any other judgments or settlements resulting from any claim by you for injuries causing your unemployment. ANSWER: ��yl 22. Identify any credit cards maintained for your use and for each card state the name of the issuer, card number, to whom the card is issued, the name and address of each person who may use the card, and the present balance of the account for each card, as well as the balance as of the filing of the Divorce Complaint in this matter. Attach a copy hereto of any statements you have received for each credit card for the last twelve(12)months. ANSWER: \f 15 23. Identify whether you have during the past five(5)years made any gift to any person other than your spouse, in cash or in kind, having a value of Five Hundred and no/100 ($500.00) Dollars or greater, and the person to whom the gift was made. ANSWER: IV OAJ 24. Identify any financial statement or loan application with any lending or credit institution that you have filed within the last five (5) years, stating the name of the lending or credit institution, and the amount, term or terms and purposes of each loan. Attach a copy hereto of any such financial statements or loan applications. ANSWER: ivy,,�� 16 25. Identify any interest in any property (real or personal), contract, right, patent, chose in action, or expectancy of any kind, including an interest or right titled or held in the name of another, not previously identified in your answers to any preceding interrogatories, stating the identity of the interest, the date it was acquired by you,the value at acquisition,the present value and how determined, and the value at the time of the filing of the Divorce Complaint in this matter. ANSWER: 26. Identify all income benefits or other interests currently being received or received within the last two (2) years that have not been previously identified in your answers to any preceding interrogatories, including but limited to inheritances, trusts, social security benefits, lottery prizes, awards, gambling activities,, bank interest dividends or similar interests, identifying the source, dates received, amount, and frequency of each benefit or interest. ANSWER: /O AC 17 27. Please indicate whether you are the executor, administrator, fiduciary, trustee, or beneficiary of any estate or trust that was filed or created within the past five(5)years. ANSWER: AV 28. Identify any accounts at a savings or commercial banking institution, brokerage firm, or any other type of financial institution, on which your name did not appear but in which you deposited any funds since the date of your marriage, and designate the account numbers, name of each financial institution, and name under which each account is listed. ANSWER: N-,AJ e 18 e ^ 40 29. A. Do you now or have you at any time since the date of marriage,maintained or had access to one or more safe deposit boxes? ANSWER: Ai B. If your Answer is in the affirmative, identify where they are located, in whose name they are registered, their contents both at the time opened and at the date of the filing of the Divorce Complaint and who has access to them. ANSWER: AU/A" 19 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below via first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: SHERI COOVER,ESQUIRE 44 SOUTH HANOVER STREET CARLISLE,PA 17013 Date: May 10,2011 IRWIN & McKNIGHT,P.C. -<A /7 Douglas . Miller,Esquire Supreme Court I.D.No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle,Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff S Y EXHIBIT "C" CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below via first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: RICHARD M. WERT 612 NORTH MIDDLE ROAD NEWVILLE,PA 17241 Date: May 24, 2013 IRWIN & McKNIGHT,P.C. 'A V W 'A!(eA-P01^ Douglas G. iller,Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff LAW OFFICES IRWIN & McKNIGHT, P.C. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET HAROLD S.IRWIN (1925-1979) ROGER B.IRWIN CARLISLE,PENNSYLVANIA 17013-3222 HAROLD S.IRWIN,JR. (1954-1986) MARCUS A.McKNIGHT,III IRWIN,IRWIN&IRWIN (1956-1986) DOUGLAS G.MILLER (717)249-2353 IRWIN.IRWIN&McKNIGHT(1986-1994) STEPHEN L.BLOOM FAX(717)249-6354 IRWIN McKNIGHT&HUGHES(1994-2003) MATTHEW A.McKNIGHT WWW.IRWINMCKVIGHT.COM IRWIN&McKNIGHT (2003-2008) March 22,2013 RICHARD M.WERT a n,m� ; 612 NORTH MIDDLE ROAD € sr NEWVILLE,PA 17241 RE: RAOUEL R.WERT v.RICHARD M.WERT DOCKET NO.: 2006—33689 In Divorce Mr. Wert: It has been some time since I have heard from you in this matter. I also do not recall ever receiving a response to the various settlement offers that were proposed to you. However, I have had the opportunity to review the handwritten responses to the Interrogatories I had served upon your last attorney, as well as the folder of papers that you had dropped off at my office. I did not receive from you a formal response to the written Request for Production of Documents. Nor are the documents that you provided in any way sufficient responses to the written requests that were made. In particular, I had requested copies of your bank statement from 2008 to the present. You provided me with four (4) statements for March, April, May, and June of 2006. Not only are these copies of bank statements insufficient, they are not even for the requested period of time. I have provided you with more than enough time to respond and supplement your initial answers. Without the documents I have requested, I will be moving to compel a complete response. The requested documents are necessary to conclude this matter and move forward with a hearing before the Divorce Master, so I will be expecting comprehensive answers, particularly with regard to your bank accounts. My client intends to push this matter to a hearing and conclusion. Please therefore provide me with proper and complete responses within the next thirty (30) days, or I will be filing the necessary motion in Court. I have enclosed another copy of the written requests for your reference. I anticipate your prompt attention to this matter. Sincerely, IRWIN &MCKNIGHT,P.C. Douglas G.Miller DGM:tds cc: Raquel R. Wert RAQUEL R. WERT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2006-3368 CIVIL RICHARD W. WERT, Defendant RULE TO SHOW CAUSE AND NOW,this .30' day of May, 2013, in consideration of the Plaintiff's Motion to Compel Answers to Discovery: 1. A rule is issued upon the defendant to show cause why the relief requested ought not to be granted; 2. the defendant shall file an answer to the petition within twenty(20) days of service; 3. the petitiod shall be decided under Pa. R.C.P.No. 206.7; 4. in the event an answer is filed, argument may be set at the request of either party; and 5. notice of the entry of this order shall be provided to all parties by the plaintiff. BY THE COURT, Kevin I.A. Hess, P. J. C= MM CD --4 Q f RAQUEL R. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW :No. 2006-3368 CIVIL TERAi'P,' c-' A RICHARD W. WERT, Defendant. ; IN DIVORCE .t� CD V PLAINTIFF'S MOTION TO MAKE RULE TO :r C, SHOW CAUSE ABSOLUTE 'F Plaintiff, RAQUEL R. WERT, by her undersigned counsel,respectfully moves this Court to make absolute the Rule to Show Cause which was issued in the above-captioned matter on May 30,2013 and in support states the following: 1. Plaintiff Raquel R. Wert fled a Motion to Compel Answers to Discovery on May 24, 2013. 2. Additional copies of both the Interrogatories and the Requests for Production of Documents were attached as exhibits to the Motion to Compel. 3. Plaintiffs Motion identified the fact that no verified, formal responses had been provided to the outstanding discovery requests. 4. On May 30, 2013, this Court issued a Rule on Defendant, Richard M. Wert, to show cause why the relief requested in the Motion should not be granted. The rule was returnable twenty(20) days from service. 5. On June 4, 2013, counsel for Plaintiff caused a copy of the Rule to be served on Defendant by regular mail. j 6. On or about June 21, 2013, shortly before the deadline to respond, Defendant carne unannounced to the offices of Plaintiff's legal counsel and asked that he be told what documents and responses he needed to provide. 7. Through the undersigned's receptionist, Defendant was again informed that he needed to provide verified, complete answers to the discovery requests, that because of multiple meetings and hearings before the Divorce Master Defendant was well aware of what documents were being requested, and that in particular Defendant has failed and refused on multiple occasions to provide statements and information related to bank accounts he created and used to which Plaintiff did not have access or information during the time of the parties' marriage. 8. Since service the of the Rule on June 4, 2013, the only contact from Defendant has been the visit to legal counsel's office on June 21, 2013. 9. Throughout the course'' of these divorce proceedings, Defendant has only continued his repeated attempts to provide minimally responsive answers and documents rather . than provide the complete, verified answers requested in Plaintiff's discovery and identified in multiple conferences and hearings before the Divorce Master. 10. Upon information and belief, only Defendant is able to obtain and provide bank account information, statements, and certain other items included in the discovery requests. 11. Defendant's actions show a repeated pattern of delay and obfuscation that has significantly impaired Plaintiff's effort's to finalize the divorce action and obtain a fair and equitable distribution of the parties' marital assets. 12. Upon information and belief, without further insistence and action by the Court, Defendant will continue to delay the divorce proceedings and deny Plaintiff the ability to obtain a fair and equitable distribution of the parties' marital assets. 2 i WHEREFORE, Petitioner requests that this Court make the rule to show cause absolute and grant the Motion to Compel and proposed Order attached hereto. Respectfully submitted, IRWIN& McKNIGHT, P.C. By: Dougl I er, Esquire rt Supreme CoLD. N . 377 6 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 Date: July 24, 2013 717249-2353 Attorney for Plaintiff i 3 { i VERIFICATION The foregoing. document on behalf of the Plaintiff is based upon information.which has been gathered by counsel for the Plaintiff in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the.Plaintiff according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. AVA, Douglas . Miller,Esquire . Date: 7/24/12 t I CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below via first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: RICHARD M. WERT 612 NORTH MIDDLE ROAD NEWVILLE, PA 17241 Date: July 24, 2013 IRWIN & McKNIGHT,P.C. ti Do s G iller,Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Attorney for Plaintiff RAQUEL R. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW No. 2006—3368 CIVIL TERM RICHARD W. WERT, Defendant. IN DIVORCE ORDER 2013, upon consideration of the within Motion, it is hereby Ordered and Decreed that the Rule which was issued on May 30, 2013 on Defendant to show cause why the Motion to Compel should not be granted is made absolute. The Motion to Compel is hereby granted and Defendant, Richard M. Wert, is Ordered to properly respond to the Plaintiffs Request for Production of Documents. I 4_4 -;4 AA;+- na ion, e en sanctions as provided in the Pennsylvania Rules of Civil Procedure. BY THE COURT For Distribution: Aouglas G. Miller, Esquire --I- rni Attorney for Plaintiff /Richard W. Wert, Defendant C D - RAQUEL R. WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA C- V. z v. : CIVIL ACTION -LAW RICHARD M. WERT, : 2006—3368 Defendant : IN DIVORCE "'�7� a, CERTIFICATE PREREQUISITE TO SERVICE OF D.. A SUBPOENA PURSUANT TO RULE 4009.22 y _ As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,Plaintiff,Raquel R. Wert,certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2. A copy of the notice of intent,including the proposed subpoena,is attached to this certificate, 3. No objection to the subpoena has been received, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. IRWIN& McKNIGHT,P.C. Date: Id ll Douglas G.Pi er, squire 60 West Pomfret Street Carlisle, PA 17013 717—249-2353 Supreme Court I.D. No. 83776 Attorney for Plaintiff RAQUEL R.WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. . : CIVIL ACTION-LAW RICHARD M. WERT, : 2006—3368 Defendant : IN DIVORCE NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff, RAQUEL R. WERT, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. IRWIN& McKNIGHT,P.C. Date: j -j�j-l3 ` Atli, Douglas c4miller,Esquire Supreme Court I.D.No. 83776 60 West Pomfret Street Carlisle,PA 17013 717—249-2353 Attorney for Plaintiff RAQUEL R.WERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : CIVIL ACTION-LAW RICHARD M. WERT, : 2006—3368 Defendant : IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian Members 1"Federal Credit Union 5000 Louise Drive P.O. box 40 Mechanicburg,PA 17055 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 1. All account statements issued by Members 1st Federal Credit Union from June 1, 2005 through the present, for all accounts held by Richard M. Wert, Social Security Number 169-52-8776 in his name or in his name jointly with any other person or entity (with the exception of Account Number 113730), or in his name as trustee for any other person, regardless of whether or not the account or accounts have been closed. The statements shall specifically include those for Account Number 266961 that is or was titled only in the name Richard M. Wert. at the following location: IRWIN &McKNIGHT, P.C.,60 West Pomfret Street,Carlisle,PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20)days after its service,the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Douglas G.Miller,Esquire IRWIN&McKNIGHT,P.C. 60 West Pomfret Street Carlisle,PA 17013 717 249-2353 Attorney for the Defendant BY THE COURT: Date: By: (Prothonotary) Seal of the Court