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HomeMy WebLinkAbout02-3256 SAIDIS SHUFF, FLOWER & UNDSAY AlTORNEYS-AT-UW 26 W. High Street Carlisle, PA CLAUDIA DeSOMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 2002. 3.:l. S(, VS. PATRICK T. NEMEC, Defendant CIVIL TERM IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: indsay, Esqul e 10#4 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-L\W 26 W. High Street Carlisle, P A CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002. 3,,'l:}y YS. PATRICK T. NEMEC, Defendant CIVIL TERM : IN DIVORCE COMPLAINT CLAUDIA DeSOMMA, Plaintiff, by her attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Claudia DeSomma, who currently resides at 41 Green Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, where she has resided since 1996. 2. The Defendant is Patrick T. Nemic, who currently resides at 41 Green Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, where he has resided since 1996. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 12, 1991 at Newfield, New Jersey. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. SAIDIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AY.UW 26 w. High Street Carlisle. PA 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Carol J. Un 10#4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date: _~1.J141 2-/) 'JJtJl) '2----- ,~ ,/"-' SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA ,.-- VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. 94904, relating to unsworn falsification to authorities. ~;.. Claudia DeSomma Date: ~ f.:l. I dOO d-..-- ~ 0 '::.:, 0 C r".) ~ ,., -r-, ;'.:'~ r '; ~?'N "- Jt - r ~ ...... -- ('2 <:::..' f ....... V' V' " ;'-" - -",",: '" r , <!l "'~-'" I oj;, -- <.- (-' '-l (' l;' -- "." c__ 0 " C;> ., '~::I <' . \ ~ ".) -"J '" d- --< 10 :I~. .., t, ~ "" C;I SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYSoAT.LAW 26 W. High Street Carlisle, PA CLAUDIA DeSOMMA, Plaintiff V5. PATRICK T. NEMEC, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002 - 3256 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce filed on July 10, 2002 in the above captioned matter on behalf of Patrick T. Nemec, Defendant above, and certify that I am authorized to do so. 0 r..-:: ';:-OJ c f'~ '-' T1 ~- L.. --.' r'"'_l r'~~:: rn (r 1 " 7' , ~ ~I: (j) , \.0 '-.' -~ ) , ,- .- ~, ,. () C- -. ::-"';<10 -r, 1> ., --, (:~, ) ;::::;. ,...' ~-S: l".-J C) rIl- e. z ::> i~~ --;I ::n -~ CT' -< vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 2002. 3256 CIVIL TERM CLAUDIA DeSOMMA, Plaintiff/Petitioner PATRICK T. NEMEC, Defendant/Respondent : IN DIVORCE PETITION TO COMPEL DISCOVERY NOW COMES Claudia DeSomma, by and through her Counsel, Saidis, Shuff, Flower & Lindsay, and states as follows: 1. Plaintiff/Petitioner is Claudia DeSomma who currently resides at 41 Green Ridge Road, Mechanicsburg, Pennsylvania. 2. Defendant/Respondent is Patrick T. Nemec who currently resides at 41 Green Ridge Road, Mechanicsburg, Pennsylvania. 3. The parties were married on February 12, 1991. 4. On July 10, 2002, Petitioner filed a Complaint in Divorce. 5. Petitioner served the Complaint along with a Request for Production of Documents on counsel for Respondent on July 15, 2002. 6. Thirty days have passed and there has been no response to the document request. 7. On August 29, 2002, the undersigned sought the documents by September 15, 2002 with no response. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule on the SAlOIS SHUFF, FLOWER & LINDSAY Respondent to show cause why the documents requested should not be provided. A1TOIlNEYSeAT.UW SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for ainti By: 26 W. High Street Carlisle, P A VERIFICATION the undersigned, hereby verify that the statements made herein are true and correct. I nd that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relatin to unsworn falsification to authorities. SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYSeAT-LAW 26 W. High Street Carlisle, P A Date: 1/17((/2- SAlOIS SHUFF, FLOWER & LINDSAY ATfORNEYS.ATeLAW 26 W. High Street Carlisle, P A CLAUDIA DeSOMMA, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 2002. 3256 CIVIL TERM vs. PATRICK T. NEMEC, DefendanURespondent : IN DIVORCE CERTIFICATE OF SERVICE AND now, this ! 7 day of 2002, I, Carol J. Lindsay, Esquire, of the law firm of SA IS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition to Compel Discovery this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Jay R. Braderman, Esquire 126 Locust Street Harrisburg, PA 17101 SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff "n By: / /::- Caro J. indsay, Esquire 10# 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 c) c:: =<-- ""'Q i>_:,~ r: I t ;~: oT; (.;:,c ;,~~ f,;,~;' ..,,:.:.: -..; -~ :::) r. . :n I"" .':) ()... l:-- I ,~ , . SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT.U.W 26 W. High Street Carlisle, P A CLAUDIA DeSOMMA, Plaintiff/Petitioner vs. PATRICK T. NEMEC, Defendant/Respondent NOW, this :2 '3!:i : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM : IN DIVORCE ORDER OF COURT day of S1"'h!_b.r , 2002, upon consideration of the within Petition, a Rule is issued upon the Respondent, Patrick T. Nemec, to show cause why he should not produce the documents requested. RULE returnable 2-0 days from the date of seNice hereof. By the Court, ./li J. 00() , "" '" i t, , c ,.. ~ ~ I- ~ -.[j rr J'J" . ~ , . YfNVA'ASNN3d AlNflOO ONV183Srnj L ~ :ll Wd r Z d3S ZO 1 U\JIOW' '," , ^C'l. t"U;j::t~r; "'^'j ;;.- ;:1;- :J-..Jt;t.:.1\..t'-""'....::! Ii;~ ,~ ,11,,) CLAUDIA DESOMMA, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PlaintiffIPetitioner vs. CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM PATRICK T. NEMEC, IN DIVORCE Defendant/Respondent ANSWER TO RULE TO SHOW CAUSE AND NOW, comes the above-named Respondent, by and through his attorney, Jay R. Braderman, Esquire, and answers to the Rule issued on September 23, 2002, to show cause why he should not produce the documents requested. The documents requested have been sent to Petitioner's attorney, Carol Lindsay, by first class mail on September 24,2002 and on October 2, 2002. The Rule has been complied with and therefore, Plaintiff Attorney for Respondent CLAUDIA DeSOMMA, Plaintiff,Petitioner v. PATRICK T. NEMEC, v. Defendant,Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LA W NO. 2002-3256 CIVIL TERM IN DIVORCE AND now, this day of ,2002 I, Jay R. Braderman, Esquire, hereby certify that I s rved the within Answer 0 Rule To Show Cause this day by depositing in the United States M I, First Class, Postage Prepaid, in Harrisburg, Pennsylvania, addressed to: Carol 1. Lindsay, Esquire 26 Wcst High Street Carlisle, PA 17013 Jay R. Bradennan, Esquire Id. No. 07047 126 Locust Street P.O. Box 11489 Harrisburg, P A 17108-1489 (717)232-6600 o c ~ -Om n1rn :-~ =r.: -"/' ,",c_l.- (.r) / .-.c. ...~ ~~c ~:.;c:' :i;~~ -:;,;." ~ -" Cl N o C-, -I o o 'Tl .,-1 >-:~F "l;n o t~\.~ ,,0 ~srf1 -I .~ -< -"'co -",. N :.:~ fv SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYSeATeUW 26 W. High Street Carlisle. P A CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBER.LAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 200:! - 3256 CIVIL TERM V5. PATRICK T. NEMEC, Defendant : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Now comes Claudia DeSomma, by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on February 12,1991. 2. The parties separated on or about July 10, 2002. 3. Petitioner is without the ability to E!arn income sufficient to meet her reasonable needs and to pay attomey's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDlS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff r \ By: SAIDIS SHUFF, FWWER & LINDSAY A'ITORNEYSeATeUW 26 W. High Street Carlisle, PA VERIFICATlm~ I, the undersigned, hereby verify that the statements made herein 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. {!fL~aS;~ Claudia DeSomma Date: J 2 - ~ - 6 L <2 ~ ~ .:r- ~ <:; o c.. "". -06:' Q)p" .c.. .) 7r-'. ~'i ;; rEt:',; i:;(_ ;';d >c:: z: =2 o S '-::J "I "~) I C'" ~"} :'.J " '?~ L ,J '~,:! :'~i -< SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS.AT.UW 26 W. High Street Carlisle, P A CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBEHLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 200:Z - 3256 CIVIL TERM V5. PATRICK T. NEMEC, Defendant : IN DIVORCE COMPLAINT FOR CUSTODY 1. The Plaintiff is Claudia DeSomma, residing at 2528 Silver Oak Drive, Pittsburgh, Pennsylvania. 2. The Defendant is Patrick T. Nemec, residing at 41 Green Ridge Road, Mechanicsburg, Pennsylvania 17055 3. The Plaintiff seeks custody of the following child, Ross Nemec, born October 29, 1988, who resides at 41 Greon Ridge Road, Mechanicsburg, Pennsylvania. The child was born out of wedlock. The child is presently in the custody of Defendant, who resides as above. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESS FROM/TO Patrick Nemec and Claudia DeSomma 41 Green Ridge Road Mechanicsburg, PA 1988 to 12-6-02 The mother of the child is Plaintiff, currently residing at 2528 Silver Oak Drive, Pittsburgh, Pennsylvania. She is married. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.UW 26 W. High Street Carlisle, PA I[ II The father of the child is Patrick Nemec, currently residing at 41 Green Ridge Road, Mechanicsburg, Pennsylvania. He is married. 4. The relationship of the Plaintiff to the child is that of Mother. The Plaintiff currently resides with the following person(s): her parents. 5. The relationship of the Defendant to the child is that of Father. The Defendant currently resides with the following person(s): the child, Ross Nemec 6. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation concerning the custody of the child in this or another jurisdiction. 7. The Plaintiff has no information of a custody proceeding concerning the child pending in a court of the Commonwealth. 8. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 9. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) The Plaintiff can best provide for the physical and emotional needs of child. 10. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. 2 SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT.LAW 26 W. High Street Carlisle, P A WHEREFORE, the Plaintiff requests this Court to grant primary physical custody or partial custody of the child to the Plaintiff. Respectfully submitted, SAlOIS, SIHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By: 3 SAlOIS SHUFF, FLOWER & LINDSAY A'ITOIlNE1S.AToUW 26 W. High Street Carlisle. P A 11 I I VERIFICATION I, the undersigned, hereby verify that the statements made herein 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: OL~~~ Claudia DeSomma /2- ~~o L-- , <> C) 0 c:. I") ~Tl -,:;.~ f-} -l ~ 0 -(1!"T'1 '1 ~, \I'd' -,") , (:::: E;'- "''l ", ; \[ ,1:.......'. ,; ;") ';'~ r- ::}) Y\ U)- 1'0 -< 0 c:; ~ -1. " 0 ?;l) ...,;-.. 'iPI - #".-:Ci - t5 ~ -0 'PC: - .. -"'I ~ -;7 ~~..... VI .~ :0 -' " (,) -< --C C-. ~ }J ::> ~ CLAUDIA DESOMMA PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 02-3256 CIVIL ACTION LAW PATRICK T. NEMEC DEFENDANT IN CUSTODY ORDER OF COURT I AND NOW, Friday, December 20, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, January 09, 2003 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Hubert X. Gilroy. Esq. V Custody Conciliator I The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 I ?I ~'Jfi- ~ ~ ~ ~P$~ ~ ~~)Z~~-~ \i\~~',il,~~~~~:,t\\\'J \ \~nCn \.' . -","7\\ /v-' " 7.1 'i j..\ l,'~ t~) a """.'.... ~"'G \'\"J U'.J }.\S,: ' ~CJ- oe, c/ e~ ()f-r:.! ro r;tz c:/ ORDER/NOTICE TO WITHHOLD INCOME FOI~ SUPPORT State Commonwealth of Pennsylvania bJ:/ olaOJ. cd 2/;7.,,,, (} I {lie Co./City/Dist. of CUMBERLAND fJ./k!5L-S oZI; S/lJ3V'j'if Date of Order/Notice 02/03/03 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice PA STATE SYSTEM OF HIGHER C/O EDUCATION DIXON UNIVERSITY CTR 2986 N 2 ND ST HARRISBURG PA 17110-1201 RE: NEMEC I PA'I'RICK T. Employee/Obligor's Name (Last, First, MI) 161-42-2551 Employee/Obligor's Social Security Number 1835101084 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) EmployerNJithholder's Federal EIN Number See Addendum for dependent names and birth dates assodatE'C/ with cases on attachment. ORDER INFORMA TlON: 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. $ 730.00 per month in current support $ 100.00 per month in past~due support Arrears 12 weeks or greater? Oyes@ no $ 0.00 per month in medical support $ 0 . 0 0 per month for genetic test costs $ per month in other (specify) for a total of $ 830.00 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: $ 191 . 54 per weekly pay period. $ 383.08 per biweekly pay period (every two weeks). $ 415.00 per semimonthly pay period (twice a month). $ 830.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten CI 0) 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, HarrisbUI1~, Pa 17106-9112 IN ADDITION, PA YMENTS 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: /J EVLN L'(fJfi~! ~~ Form EN-028 OMB No.: 097Q-0154 Worker ID $IATT Date of Order: fEB 4: 1\\\\i Service Type M rJ. L,-c~ ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a copy of this form to your employee. If YO\.lr employee \Vorks 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. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. 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. 4. * Reporting ~,e .~~~~~ of 'Nithholdil1? You n,ust repo~ .the paydateJdate of;w:'thholding yyhel, sending tl.e payn.'ent. The pay'datefdate-of yy Ithhold Ing IS the date on ~hlch an ,ount yyas yy Itnheld from the-emp 10 lee's yyages. You must comply With the law of the state of the employee' slob I igor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5. * 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'slobligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. 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. WITHHOLDER'S ID: 2516906940 . EMPLOYEE'S/OBLlGOR'S NAME: NEMEC . PATRICK T. EMPLOYEE'S CASE IDENTIFIER: 1835101084 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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. 8. 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. 9. Anti-discrimination: You are subject to a fine determined under State law for dischargi;ng 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. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b) 1 ; or 2) the amounts allowed by the State of the employee'slobligor's principal placeof employment. The Feaerallimit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: 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 ATIACHMENT UNIT by telephone at 12'17) 240-6225 or by FAX at (7171 240-6248 or by internet ~:hildsupport.state.pa.us Service Type M Page 2 of 2 Form EN-028 Worker 10 $IATT OMS No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: NEMEC I PATRICK T. PACSES Case Number 268105092 Plaintiff Name CLAUDIA DESOMMA Docket Attachment Amount 02=3'2'56 CIVIL$ 830.00 Child(ren)'s Name(s): DOB ::::::::::-::'::::;:;;'::::';:::;:;;:::-;<::':;':;';:::;.;:::;::;:;:::::;;::;.:;;:;.;;:::-;::;:::::::-:;:::::::;::;;:::::::;:::;::;:;;:;:::::;:-:;:::::::: ................ .......... ......................... . . . . . . . . . . . . . . . . . . . . . . .............. .... Dli~h~~k~d:~~~~;~~~~i;~d.t~~~;~iith~~hild(~~~) ....... ...... .. identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB . .. ... . .... . ". . .... .;.;.:.;.;.;.;...:-;....;...;.;...;.;...;.;...;....;.;.;.:.;...:-:-...:-:.;.;.;.:-:.:.;.;...... Efli~h~k;d,;~~~;~..~~~.~.i;~d\~;~;~li\h~~hi;d(;~~)....... .................... identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Number Plaintiff NamE~ Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. Form EN-028 Worker 10 $IATT CLAUDIA DESOMMA, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE PATRICK T. NEMEC, DefendanUllespondent: NO. 2002-3256 CIVIL TERM IN DIVORCE Pacses# 268105092 ORDER OF COURT AND NOW, this. ~e'day of February, 2003, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $615.33 and Respondent's: monthly net income/earning capacity is $4,646.87, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $830.00 per month payable monthly as follows; $730.00 for alimony pendente lite and $100.00 on arrears. First payment due next pay date @ $383.08 bi-weekly. Arrears set at $1,460.00 as of January 31,2003. The effective datt:: of the order is.December 6,2003. This order considers Rules 1910.16-4 (E) and 1910.16-6(E), considering that Respondent has an obligation for the parties' son and the mortgage and home equity loan on the marital home. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.~ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make em appropriate Order, including, but not limited to, commitment of the Respondent to prison for a pmiod not to exceed six months. Said money to be turned over by the P A SCDU to: Claudia DeSomma. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, P A 171 06-911 0 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. (' c: -:5{.(" 0 i:': ,r.~' r.\ "i:~ r- ____ V! N'i/\lA.8NN3d ..."'.I..'-,,....~ln"" .' :":1,",~ ~I 'v 8S :8 \.Jd Z I 81:J SO ..It' 'L -fO ......;1 . ....J Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing covera.ge; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R 1. Shadday Mailed copies on .l-II-/8 to: < Petitioner Respondent Jay Bradennan, Esquire Carol Lindsay, Esquire BY THE COURT, td J. esley Oler, SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYSoAToLAW 26 W. High Street Carlisle, PA CLAUDIA DeSOMMA, Plaintiff vs. PATRICK T. NEMEC, Defendant DATE OF ORDER: February 7, 2003 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM : IN DIVORCE : PACSES# 268105092 DEMAND FOR HEARING AMOUNT: $730.00 per month plus $100.00 on arrears FOR: Alimony Pendente Lite REASON(S): Plaintiff objects to a requirement that she contribute a payment for the home equity loan which, while a lien on the marital home in which husband resides, were not incurred for purposes of improvement on the marital home but rather as debt consolidation. PARTY FILING DEMAND FOR HEARING: Plaintiff/Petitioner, Claudia DeSomma Date: tt 10 2) 7-0{)3 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, P A CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM : IN DIVORCE : PACSES# 268105092 V5. PATRICK T. NEMEC, Defendant AND now, this ~I day of 2003, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHU LINDSAY, Attorneys, hereby certify that I served the within Demand for Hearing this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Jay R. Braderman, Esquire 126 Locust Street Harrisburg, PA 17101 SAlOIS, SHUF.F, FLOWER & LINDSAY Attorneys forPlainf By: uire ~ ~ ..,.. ~ -+- ~ D ~ o (J ~:; -"_'(7'- SQCo ~ -<' . ~~~- ):> (- .<- _..f -<~ C"J 0_) ......, ,...,., C'~ o ;'v --;1 r:- (J1 ~J -<~ FEB 2 0 2003 v CLAUDIA DE SOMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION -LAW PATRICK T. NEMEC, Defendant NO. 2002 - 3256 CIVIL IN CUSTODY COURT ORDER AND NOW, this L.. If#-" day of February, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Claudia DeSomma, and the Father, Patrick T. Nemec, shall enjoy shared legal custody of Ross Nemec, born October 29, 1988. 2. The Father shall enjoy primary physical custody. 3. Mother shall enjoy periods of temporary physical custody as follows: A. Over the President's Day weekend and over the Easter weekend Wednesday through Sunday night, during which time the Mother may take the minor child to Pittsburgh. B. Between President's Day weekend and Easter Weekend, mother shall have at least 3 weekends with the minor child in Mechanicsburg, the dates to be arranged between the parties. It is understood that the Father will make an effort to leave the marital home during that time to leave the Mother alone with the child in order to enjoy quality visitation. C. At such other times as agreed upon by the parties. 4. The parties shall submit themselves and the minor child to a custody evaluation to be perfonned by Guidance Associates. Costs of the evaluation shall be taken from marital assets and shall not be charged specifically against either party with respect to any distribution of marital assets at a later date by the Master or otherwise. Legal counsel for the parties may contact Guidance Associates and provide a copy of this order to Guidance Associates. The parties shall cooperate and ensure that they make themselves and the minor child available for all evaluations as required by Guidance Associates. ViN\//\lASNN::Jd A.tf~r:C~~'~-' .\- /~:"; ~~~ ;:~~V"Jn8 ~ " [I' [!!.,/ 0:::" : Jl Ti :- -j ",.-' J (' n '16 wj..J c,-,U ;":':J\f.=J, . 1_: 5. The parties will meet with the conciliator on Tuesday, April 22, 2003 at 8:30 a.m. If the parties have reached an agreement prior to that date, the parties may notify the conciliator and cancel the custody conciliation conference. 6. Neither party shall abuse alcohol while they have custody of the minor child. 7. Unless arranged otherwise between the parties, mother shall handle transportation for exchange of custody in order to get the minor child to and from Pittsburgh. 8. In the event there are any major issues that develop between the parties that the conciliator can address between the date of this order and the scheduled custody conciliation conference for April 22, 2003, legal counsel for the parties can contact the conciliator to have another custody conciliation conference via a conference call. BY THE COUR~ 4-. J. cc: Carol J. Lindsay, Esquire Jay R. Bradennan, Esquire ~ L. d. J ..l-:;</.03 I /~ Q-. CLAUDIA DE SOMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PATRICK T. NEMEC, Defendant NO. 2002 - 3256 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. After a number of laborious telephone conference calls between the conciliator and legal counsel for the parties, the conciliator believes the parties have reached an agreement and recommends an order in the form as attached. :< It]! () J DATE 0)& ~ Hubert X. Gilroy, Esqu' Custody Conciliator In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CLAUDIA DESOMMA ) Docket Number 02-3256 CIVIL Plaintiff ) vs. ) PACSES Case Number 268105092 PATRICK T. NEMEC ) Defendant ) Other State ID Number ORDER OF COUR1: You, PATRICK THOMAS NEMEC plaintiff/defendant of 41 GREEN RIDGE RD, MECHANICSBURG, PA. 17050-1507-41 APRIL 8, 2003 at 1: 30PM for a hearing. r- are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-30 before a hearing officer of the Domestic Relations Section, on the You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21304 " . DESOMMA v. NEMEC PACSES Case Number: 268105092 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: nl'VL.L LI 2D~ 3 I I t~;:: of{ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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 CO BAR ASSOCIATIOll 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21304 , , o c S': "'0 IJj rllli' ~....t1,; Z~~,_ ~<~ i~: ..-c. :t--c ;:-; ~ :<: '..;..~ Y"~. r';, -:;:.:.J o 0) :g: 'T:1'I" ::0 I <.1"\ ",,- o 11 ...1 '-r ..'~:\~Q .~~ r 'rt .:;C) .....r1 . "",, ,"--.. . :~ 1 ~::11 I;::: ~r~~ .~~~~ r-i1 .," ~ ~ N .. .J) .- .,. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CLAUDIA DESOMMA ) Dock~~t Number 02-3256 CIVIL Plaintiff ) vs. ) PACSES Case Number 268105092 PATRICK T. NEMEC ) Defendant ) Other State ID Number ORDER OF COUR1: You, CLAUDIA DESOMMA plaintiff/defendant of 2528 SILVER OAK DR, PITTSBURGH, PA. 15220-3935-28 are ordered to appear at DOMESTIC RELATIONS HEARING RM APRIL 8, 2003 at 1: 30PM for a hearing. DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. before a hearing officer of the Domestic Relations Section, on the You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. infonnation relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21304 " , DE SOMMA v. NEMEC PACSES Case Number: 268105092 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: M ?.J t:.- L L( Joit"<) ~d~L V JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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 CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21304 , ,. .. (") c: <':" -c.ii':n rnr~\ '2:. ~~~1.\. .L- l._ ~r,~~:',: ~C ~70 " ,- .:;::'--' .......C ~ . _ ;<, L. ,:;.j. J 'j":j ~:: L} ~:::;. <.,.J ~ ~:-,::';Il .;'0 \ cr. o .....n ,,:'t C::::;: --,.1 ',.'~~~'l r:? :.,.) ..r-- ::~ ~.?~ :--:i ~~; .~\rn .~ :.< In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CLAUDIA DESOMMA ) Docket Number 02-3256 CIVIL Plaintiff ) vs. ) PACSES Case Number 268105092 PATRICK T. NEMEC ) Defendant ) Other State ID Number You, CLAUDIA DESOMMA 2528 SILVER OAK DR, PITTSBURGH, PA. 15220-3935-28 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 9TH DAY OF APRIL, 2003 at 1: 30PM for a hearing. This d~e replaces \., .....~l the prior hearing date of APRIL 8, 2003 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, . / <....J 3. the Income and Expense Statement attached to this order as required by Rule 1910. 11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: _~,,~.J _,/ Service Type M Form CM-514 Worker ID 21304 DESOMMA v. NEMEC PACSES Case Number: 268105092 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: t11 V t l, 7, .? Crl> '3 ~rzcY/{ - JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY A TIEND THE HEARING 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 CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Worker ID 21304 Service Type M o c:. ;~ "ot:! CDL 2' {j} .:;.:: c:: ~( ~( ~.C_ ;: o (...') -- ~'.. ~.,;~ ::':0 -( o -n """'=, -,0\"' ......"- ~rl " .>J i o - ~. t . -." )~: ;\ -I .~".",. ::1:) -< if.> w CO v' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CLAUDIA DESOMMA ) Docket Number 02-3256 CIVIL Plaintiff ) vs. ) PACSES Case Number 268105092 PATRICK T. NEMEC ) Defendant ) Other State ID Number You, PATRICK THOMAS NEMEC '~f ORDER OF COURT - RESCHEDULE A HEARING, 41 GREEN RIDGE RD, MECHANICSBURG, PA. 17050-1507-41 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 9TH DAY OF APRIL, 2003 at 1:30PM for a hearing. This dateJ:eplaces the prior hearing date of APRIL 8, 2003 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'file(( _.J 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rille 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 professiona1licenses 7. other: Service Type M Form CM-514 Worker ID 21304 DESOMMA v. NEMEC PACSES Case Number: 268105092 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: v1A VI:- L ~ 2 @-~ "3. I/~~A JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING 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 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 of2 Form CM-514 Worker ID 21304 Service Type M v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION CLAUDIA DESOMMA, Plaintiff PATRICK T. NEMEC, Defendant PACSES NO. 688105080 No. 1081 SUPPORT 2002 V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION CLAUDIA DESOMMA, Plaintiff PATRICK 1. NEMEC, Defendant PACSES NO. 268105092 No. 02-3256 CIVIL V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PATRICK T. NEMEC, Plaintiff CLAUDIA DESOMMA, Defendant PACSES NO. 797105136 No. 1158 SUPPORT 2002 INTERIM ORDER OF COURT AND NOW, this 11.a! day of April, 2003, 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. For the period of December 6, 2002 through April 30, 2003 the Husband shall pay to the State Collection and Disbursement Unit for tr~sr1li:s~ion to the Wife as alimony pendente lite the sum of $1 ,068.00permoDth. B. Effective May 1, 2003 the Husband shall pay to the State Collection and Disbursement Unit for transmission to the Wife as alimony pendel')te lite the sum of $920.00 per month. -- C. The Husband shall pay to the State Collection and Disbursement Unit an additional sum of $100.00 per month on arrearages until paid in full. D. The awards of alimony pendente lite set forth above take into consideration the Wife's obligation for child support as required by Pa. 'ill VJ\t\/i\lASNN3d '.n i:J ~}l\ln:j ~u :z ~! 1 ho ZZ ddiJ SO RC.P. 1910.16-4(e). Consequently the order of January 31,2003 dismissing the Husband's complaint for support is affirmed. E. Because pursuant to Pa. RC.P. 1910-16-1(c) awards of spousal support and alimony pendente lite shall not be in effect simultaneously, the order of January 31,2003 dismissing the Wife's complaint for spousal support is affirmed. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. RC.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court, J Cc: Claudia DeSomma Patrick T. Nemec Carol J. Lindsay, Esquire For the Plaintiff Jay R Braderman For the Defendant DRO v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION CLAUDIA DESOMMA, Plaintiff PATRICK T. NEMEC, Defendant PACSES NO. 688105080 No. 1081 SUPPORT 2002 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION CLAUDIA DESOMMA, Plaintiff PATRICK T. NEMEC, Defendant PACSES NO. 268105092 No. 02-3256 CIVIL PATRICK T. NEMEC, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION CLAUDIA DESOMMA, Defendant PACSES NO. 797105136 No. 1158 SUPPORT 2002 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on April 9, 2003, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Claudia DeSomma, who resides at 2528 Silver Oak Drive, Pittsburgh, Pennsylvania. She will hereafter be referred to as "the Wife." 2. The Defendant is Patrick T. Nemec, who resides at 41 Greenridge Road, Mechanicsburg, Pennsylvania. He will hereafter be referred to as "th~ Husband." '.- 3. The parties were married on February 12, 1991. ". ~, . """ 4. The parties are the parents of one minor child, Ross Nemec,>b'~rn October 29, 1988, who resides with the Husband. .. . rXHIBIT "A" 5. The parties separated on December 4, 2002 when the Wife moved from the marital residence. 6. On December 4, 2002 the Wife filed a Complaint for spousal support docketed to 1081 Support 2002. 7. On December 6,2002 the Wife filed a Complaint in divorce docketed to 02-3256 Civil containing therein a claim for alimony pendente lite.1 8. On December 27, 2002 the Husband filed a complaint for child support docketed to 11.58 Support 2002. 9. The Wife is currently residing with her parents in Pittsburgh, Pennsylvania but desires to return to the Cumberland County area. 10. The Wife is 50 years of age and has a bachelor's degree in elementary education. 11. The Wife taught as a substitute teacher in the late 1970's and early 1980's, but she has not taught in any capacity since that time. 12. The Wife has work experience as a waitress, bartender and cook in a restaurant, as a data technician, in advertising sales, and most recently as a landscape laborer. 13. The Wife's last employment prior to separation was as a landscape laborer_at the Felicita Resort where she earned $8.50 per hour full time. 14. The Wife was laid off by Felicita in November, 2002 and was determined eligible for unemployment compensation benefits of $158.00 per week:. 15. The Wife has found minimal part time work, from five to ten hours per week, earning $8.50 per hour in Pittsburgh. 16. The Wife may earn $64.00 per week without reducing her unemployment compensation benefits.2 17. The Wife has been offered full time employment with the City of Pittsburgh Parks and Recreation Department commencing in late spring or early summer at a rate of $6.50 to $7.50 per hour. 18. The Wife will file her federal income tax return as married/separate. I Following the taking of testimony in which allegations of misconduct were made by both parties against the other, the parties stipulated that the Wife's claim would be limited to alimony pendente lite. Therefore, no factual findings will be made related to the Wife's claim for spousal support which has been withdrawn. 2 See Plaintiff's Exhibit 1. 19. The Husband is employed by the Pennsylvania State System of Higher Education and has a net monthly income of $4,646.87.3 20. The Husband pays $1,500.00 per month on a first mortgage encumbering the martial home, which sum includes taxes and insurance. 21. The Husband pays $320.00 per month on a home equity loan encumbering the marital residence, the purpose of which was bill consolidation. DISCUSSION The purpose of an award of alimony pendente lite is to enable a dependent spouse to prosecute or defend a divorce action. Litmans v. Litmans, 673 A.2d. 382 (Pa. Super. 1996). The amount of the award must be fair, non- confiscatory and attendant to the circumstances of the parties. Calabrese v. Calabrese, 682 A.2d. 393 (Pa. Super. 1996). Where an award of APL is warranted, the amount of the award is calculated pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). Factors to consider in determining entitlement to an award of APL include the separate estate and income of the claimant, the ability of the other party to pay, and the character, situation and surroundings of the parties. Litmans v. Litmans, Supra. Both parents must contribute to the support of their child based upon their relative incomes and ability to pay. Depp v. Holland, 636 A.2d. 204 (Pa. Super. 1994). In determining a parent's ability to pay support for a child, the focus is on the parent's earning capacity, not on his or her actual earnings. Mooney v. Doubt, 766 A.2d. 1271 (Pa. Super. 2001). Earning capacity is not an amount which a party can theoretically earn, but rather what a party can realistically earn based upon his or her age, health, physical and mental condition and training. Riley v. Foley, 783 A.2d. 807 (Pa. Super. 2001). At the present time the Wife has actual income of $158.00 per week from unemployment compensation benefits and part time earnings of $42.50 to $85.00 per week from employment. Her actual earnings total, on average, $222.00 per week from both sources. She will be imputed with an earning capacity of $222.00 per week through April 30, 2002, after which she will be imputed to have an earning capacity of $340.00 per week based upon a 40 hour work week at $8.50 per hour, her actual income prior to being laid off in November, 2002. It is certainly reasonable to expect that the Wife has the ability to earn that amount considering her age, health, work experience and training. One would also hope 3 The parties stipulated to the Husband's income. that the winter of 2002-2003 will be over by April 30, 2003 providing the Wife an opportunity to work as a landscape laborer again should she so choose.4 The parties stipulated to the Husband having a net monthly income of $4,646.87. The significant disparity in the incomes of the parties and the absence of any separate estate with which to support herself justify the Wife's entitlement to an award of alimony pendente lite in this case. Because the Husband is the custodial parent of the parties' child, the application of the three- step procedure set forth in Pa. R.C.P. 1910.16-4(e) is required. In the first step the APL obligation of the Husband is calculated as if there were no children. With gross income of $222.00 per week ($158.00 from unemployment compensation and $64.00 from earnings), the Wife has gross monthly income of $962.00 and net monthly income of $893.00.5 The step one APL obligation of the Husband is $1,502.00.6 This figure is then added to the incomes of the parties in step two, and the child support obligation of the non-custodial parent is calculated. With recomputed net monthly incomes for the Wife of $2,395.00 and for the Husband of $3,145.00, the Wife's child support obligation is $434.00.7 In the third step the wife's child support obligation is deducted from the Husband's APL obligation computed in step one, and the difference is awarded to the Wife as alimony pendente lite. In this case that difference is $1,068.00. This figure will change effective May 1 , 2003 because of the imputed earning capacity for the Wife of $340.00 per week. The Wife's new gross monthly income is $1,473.00, and her net monthly income is $1,196.00.8 The same three-step calculation is performed as was done above. The step one APL obligation of the Husband is $1,380.00.9 This figure is added to the Wife's net monthly income and deducted from the Husband's, resulting in incomes of $2,576.00 and $3,267.00 respectively. The Wife's child support obligation based on the recalculated net monthly inComes is $460.00 per month.1o Deducting this amount from the step one calculation results in a difference of $920.00 per month as the Husband's APL obligation. The Husband argues that consideration should be given to his payment of the $1,500.00 per month first mortgage and the $320.00 per month home equity loan under Pa. R.C.P. 1910.16-6(e), which provides as follows: 4 It is not reasonable to expect that the Wife has th~ present ability to work as a teacher, even a substitute teacher, at present considering her 20 year hiatus from that occupation. 5 The Wife's unemployment compensation benefits are subjected only to federal taxes. See Exhibit "A" for the deductions from gross income. 6 See Exhibit "B" for the calculation. 7 See Exhibit "e" for the guideline calculation. S See Exhibit "D" for the deductions from gross income. 9 See Exhibit "E" for the calculation. 10 See Exhibit "F" for the guideline calculation. (e) Mortgage Payment. The guidelines assume that the spouse occupying the marital residence will be solely responsible for the mortgage payment, real estate taxes, and homeowners' insurance. Similarly, the Court will assume that the party occupying the marital residence will be paying the items listed unless the recommendation specifically provides otherwise. If the obligee is living in the marital residence and the mortgage payment exceeds 25% of the obligee's net income (including amounts of spousal support, APL and child support), the Court may direct the obligor to assume up to 50% of the excess amount as part of the total support award. 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. Because the husband is the obligor in this case as the party who is subject to a support order, and he is residing in the marital residence";, the rule is not applicable to this case.11 RECOMMENDATION A. For the period of December 6, 2002 through April 30, 2003 the Husband shall pay to the State Collection and Disbursement Unit for transmission to the Wife as alimony pendente lite the sum of $1 ,068.00 per month. B. Effective May 1, 2003 the Husband shall pay to the State Collection and Disbursement Unit for transmission to the Wife as alimony pendente lite the sum of $920.00 per month. C. The Husband shall pay to the State Collection and Disbursement Unit an additional sum of $100.00 per month on arrearages until paid in full. D. The awards of alimony pendente lite set forth above take into consideration the Wife's obligation for child support as required by Pa. R.C.P. 1910.16-4(e). Consequently the order of January 31,2003 dismissing the Husband's complaint for support is affirmed. 11 See Explanatory Comment to Rule 1910.16-6-1998. E. Because pursuant to Pa. R.C.P. 1910-16-1(c) awards of spousal support and alimony pendente lite shall not be in effect simultaneously, the order of January 31,2003 dismissing the Wife's complaint for spousal support is affirmed. ~",1 IS.20c? Date ~~D~(l Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State 10 Number: Tax Year: Claudia DeSomma Patrick T. Nemec 02-3256-Civil 268105092 1. Fling Status Single 2. Who Claims the Exem tions 3. Number of Exemptions 4. Monthl Taxable Income 5. Deductions Method 1 $962.00 6. Deduction Amount 7. Exem tion Amount 8. Income MINUS Deductions and Exem tions 9. Tax on Income 10. Child Tax Credit 11. Manual Ad'ustments to Taxes 12. Federal Income Taxes 12 a. Earned Income Credit 13. State Income Taxes 14. FICA Pa ents 15. City Where Taxes Apply $395.83 $254.17 $3,996.87 $770.15 $331.25 $254.17 $376.58 $37.66 $37.66 $7.77 $21.21 --Select-- 16. Local Income Taxes TOTAL Taxes $2.77 $69.41 SupportCalc 2003 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Claudia DeSomma . Patrick T. Nemec 02-3256-Civil 268105092 $4,646.87 2. Less All Other Su ort Net Income $892.59 $3,754.28 4. Difference 5. Less Child Su 6. Difference $3,754.28 7. Multi I b 30% or 400/. 40.00% $1,501.71 9. Ad'ustment for Other Ex enses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,501.71 Date: 4/15/2003 SupportCalc 2003 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania $2,395.00 1 $3,145.00 $2,395.00 $3,145.00 $5,540.00 $1,003.00 43.23 $433.60 56.77 $569.40 $433.60 $433.60 Date: 4/15/2003 Monthly: $433.60 Exem Weekly: $99.79 tions 1 2 Weekly: 57. Total Support Amount if Deviating from Guidelines Calculation Monthly: 58. Justification for Deviatin from Guidelines Calculation and/or Other Case Comments: Support Calc 2003 EXHIBIT "e" In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Tax Year: Claudia DeSomma Patrick T. Nemec 02-3256-Civil 268105092 1. Fling Status Single 2. Who Claims the Exem tions 3. Number of Exemptions 4. Monthl Taxable Income 5. Deductions Method 6. Deduction Amount 7. Exem tion Amount 8. Income MINUS Deductions and Exem tions 9. Tax on Income 10. Child Tax Credit 11. Manual Ad'ustments to Taxes 12. Federal Income Taxes 12 a. Earned Income Credit 13. State Income Taxes 14. FICA Pa ents 15. City Where Taxes Apply --Select-- 16. Local Income Taxes TOTAL Taxes Support Calc 2003 EXHIBIT "D" 1 $1,473.33 Standard $331.25 $254.17 $887.91 $108.19 $108.19 $41 .25 $112.71 --Select-- $14.73 $276.88 In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State 10 Number: Claudia DeSomma Patrick T. Nemec 02-3256-Civil 268105092 $4,646.87 2. Less All Other Su ort Net Income $1,196.45 $3,450.42 4. Difference 5. Less Child Su 6. Difference $3,450.42 7. Multi I b 30% or 40% 40.00% $1,380.17 9. Ad.ustment for Other Ex enses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,380.17 Date: 4/15/2003 SupportCalc 2003 EXHIBIT "E" In the Court of Common Pleas of Cumberland County, Pennsylvania $2,576.00 1 $3,267.00 $2,576.00 $3,267.00 $5,843.00 $1,044.00 44.09 55.91 $460.30 $583.70 $460.30 Date: $460.30 4/15/2003 57. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: $460.30 $105.94 Exem tions 1 2 Monthly: Weekly: 58. Justification for Deviatin from Guidelines Calculation and/or Other Case Comments: SupportCalc 2003 EXHIBIT "F" State Commonwealth of Pennsylvania Co.lCity/Oist. of CUMBERLAND Oate of Order/Notice 04/23/03 Tribunal/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ))1!, ~D- :3d6Z, {II t//L ;~9fS ?L,S'/b6-69J~ o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice PA STATE SYSTEM OF HIGHER C/O EDUCATION DIXON UNIVERSITY CTR 2986 N 2 NO ST HARRISBURG PA 17110-1201 RE: NEMEC, PATRICK T. Employee/Obligor's Name (Last, First, Mil 161-42-2551 Employee/Obligor's Social Security Number 1835101084 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mil EmployerMithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: 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. $ 1,068.00 per month in current support $ 100.00 per month in past-due support Arrears 12 weeks or greater? @yes 0 no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 168 . 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: $ 269.54 per weekly pay period. $ 539.08 per biweekly pay period (every two weeks). $ 584.00 per semimonthly pay period (twice a month). $ 1.168.00 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 #10 on pg. 2). If remitting by EFT/EOI, please call Pennsylvania State Collections and Oisbursement Unit (SCOU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: P A SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS 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 CAS/I BY MAIL. \,~ 'c l'" ,) ~~,tk~.",~~_~~~r;~'~'- 4,/7; {}3 4: 100'r D~te of Order: WR 2, Service Type M OMB No.: 0970-0154 71/NG Form EN-028 Worker 10 $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a copy of this form to your employee. If YOl)r employee works in a state that is ditterent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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 th is order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. 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. 4. * Reporting ti,e F'aydatelDate of Withl,olding. You Inust report ti,e paydateldate of vvithholding vvhen sending ti,e paymellt. The paydateldate of vvithholding is tne date on vvhich amount vvas vvithneld from ti,e emplOyee's vvages. 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. 5. * 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 #10 below) 6. 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 ofthis Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2516906940 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: NEMEC. PATRICK T. 1835101084 DATE OF SEPARATION: 7. 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. 8. 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. 9. 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. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: 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 (71 7) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker 10 $IATT Service Type M OMB No.: 0970-01 54 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: NEMEC, PATRICK T. PACsES Case Number 268105092 Plaintiff Name CLAUDIA DESOMMA Docket Attachment Amount 02-3256 CIVIL$ 1,168.00 Child(ren)'s Name(s): DOB If you are required to enroll the child(ren) above in any health insurance coverage available through the employee's/obligor's employment. PACsEs Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACsES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available em p loyee' s/obl igor's em p loyment. Service Type M OMB No.. 097Q.()1 54 PACsES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available em p loyee' s/obl igor's emp loyment. PACsEs Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available through the employee's/obligor's employment. PACSEs Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT 0 (/I4) C ~:;:'-': 5=_ ~- -0 J' - fTI t' -" L_ Z lJ (f) ...,,~, -< ~ "T) ~ C: .J"" 5> 0 r- C-) C ~ :." .!:" ?5 -< .:;> \.;.' ,::'1' r~j T'} 8' Cj SC'::.inned '- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Oist. of CUMBERLAND Oate of Order/Notice 05/01/03 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice EmployerMithholder's Federal EIN Number RE: NEMEC I PATRICK T. Employee/Obligor's Name (Last, First, MI) PA STATE SYSTEM OF HIGHER C/O EDUCATION DIXON UNIVERSITY CTR 2986 N 2 ND ST HARRISBURG PA 17110-1201 M! c2i!JO'J. - ~dS0 C!v /J/'IC>fS df.pf'lo5tYJ;r 161-42-2551 Employee/Obligor's Social Security Number 1835101084 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 INFORMA TlON: 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. $ 920.00 per month in current support $ 100 . 00 per month in past-due support Arrears 12 weeks or greater? @ yes 0 no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 020 . 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: $ 235.38 per weekly pay period. $ 470.77 per biweekly pay period (every two weeks). $ 510.00 per semimonthly pay period (twice a month). $ 1.020.00 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 #10 on pg. 2). If remitting by EFT/EOI, please call Pennsylvania State Collections and Oisbursement Unit (SCOU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: P A SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's IAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ?--{r~3 .:r J2) !t-jE Form EN-028 Worker ID $IATT Date of Order: MAY - 2 2003 Service Type M OMB No.: 0970-0154 ..,.-" ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked 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. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. 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/obI igor. 4.*=:~g~:~:=~:~~::~~,:~~ ::~;:~~I~~~ai:~=:~~~t~~I~i: ;vl,en sendi',gtl,epaynlel't. The paydate/date of vvithholding i'5 the date on ..hieh amount.. i I In' e . 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. 5. * 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 #10 below) 6. 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. WITHHOLDER'S 10: 2516906940 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: NEMEC, PATRICK T. 1835101084 DATE OF SEPARATION: 7. 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. 8. 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. 9. 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. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: 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 Page 2 of 2 Form EN-028 Worker 10 $IATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: NEMEC, PATRICK T. PACsEs Case Number 268105092 Plaintiff Name CLAUDIA DESOMMA Docket Attachment Amount 02 =3'2'56 CIVIL $ 1, 020.00 Child(ren)'s Name(s): DOS you are required to enroll the child(ren) in any health insurance coverage available through the employee'slobligor's employment. PACsEs Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOS If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACsEs Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the emp/oyee's/obligor's employment. Service Type M Addendum OMB No.: 0970.()ls4 PACsES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOS If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/ob/igor's employment. PACsEs Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACsEs Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOS If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. Form EN-028 Worker 10 $IATT n c I::=; C (..) .. l 1 <:'"" ~ .. -eJ t'i' _1.- ::,1. rn L~ ,.,~ -, "'-. _J~ I Z [~ (f) a' -<. r::. '- ~ )> C _r',..... Z C , N .... C :, -;;." ,""'-.) ~o ~ \ 0 -< ::;:i::t:~:::iWiflyn~:;.:j:l CLAUDIA DESOMMA PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 02-3256 CIVIL ACTION LA W PATRICK T. NEMEC DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Friday, June 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 17, 2003 , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to fnrnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin[!. FOR lHE COURT. By: Isl Hubert X. Gilroy. Esq. Custody Conciliator (/ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE lHIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .?1! ~ -#-: ~ ~ [0.<71 ~ .fr' ~ ~rw ~ ['0.9.? ~p ~ ~~ -~}'n &<J~ 'fIN'ifI"J~S~\t12~'Nn8 ,-.r . ,"" 0 ,_. IINr\,., , 1\..iJ " ,'" . "'1~ so "::1 Q- i,l \ . U'l "1 ';c', ./ L I' ,- . \~:10 CLAUDIA DESOMMA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. CIVIL ACTION - LAW NO. 2002 - 3256 CIVIL TERM PATRICK T. NEMEC, IN DIVORCE Defendant PETITION TO WITHDRAW AS ATTORNEY FOR DEFENDANT I. Your Petitioner is Jay R. Braderman, Esquire, a practicing attorney in good standing with an office located at 126 Locust Street, HaITisburg, Pennsylvania. 2. On July 25, 2002, the above-named Defendant, Patrick Nemec, retained the services of your Petitioner to represent him in several domestic issues including divorce, custody, support and alimony pendente lite. 3. Your Petitioner represented the Defendant eompetently and professionally. Defendant never rendered a complaint orally or in writing concerning your Petitioner's professional representation of the Defendant. 4. Petitioner's representation of the above-named Defendant included attending several hearings which required significant preparation. 5. Without cause or provocation or without any expression of dissatisfaction, on the evening of May 10 or 11, 2003, Defendant called Petitioner at his home and merely stated over the phone that "You're fired". When your Petitioner asked for an explanation, Defendant merely hung up the telephone on him. 6. Your Petitioner has written the Defendant asking for an explanation of why he was "fired". Defendant has not given your Petitioner the courtesy of a reply. 7. Defendant has had a long outsti!J1ding balance due your Petitioner for professional services and refuses and continues to refuse to pay the sums that are due for professional services. 8. There continues to be ongoing issues and litigation concerning the above case and because it is obvious that Defendant is refusing to pay for professional services rendered as well as dismissing your Petitioner as his attorney without cause or provocation, it is hereby respectfully requested that the Court give your Petitioner permission to withdraw as attorney for Patrick Nemec. And he will ever pray. I I 07047 cust Street O. Box 11489 , arrisburg, P A 17108-1489 (717) 232-6600 Attorney for Defendant VERIFICATION Upon my personal knowledge or information and belief, I hereby verifY that the facts averred in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa. c. s. S 4904, relating to unsworn falsification to authorities g ./3erman Date: CERTIFICATION OF SERVICE I hereby certifY that I am this day serving a copy of the attached Petition on the following individual by First Class u.s. Mail addressed as follows: Date: ? Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (Attorney for Claudia Desomma) Mr. Patrick T. Nemec 41 Green Ridge Road Mechanicsburg, P A 17050 de, an, Esq. 6 ocust Street . Box 11489 H isburg. PA 17108-1489 Pa. 1. D. No. 07047 Attorney D:Jr Defendant 0 0 p C G.) n (~ ~"- '~"f c " r""'~_~ 9! "",,- ~ r-n /: , )7 u) t'-) ,) -< C) f: -'(:1 " t-j -'-' ;,;..' " ("5 ~ N .. , rq <.. ~ __.i ::n -<: (n -< JUN 1 1 Z003 ~ CLAUDIA DeSOMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PATRICK T. NEMIC, Defendant NO. 02 - 3256 CIVIL IN CUSTODY COURT ORDER AND NOW, this /C" day of June, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this court's prior order of February 24, 2003 shall remain in effect subject to the following modifications: 1. During the upcoming summer months, Mother shall have custody of the minor child during the following times: June 19, 2003 through June 26, 2003; July 3, 2003 through July 10, 2003; July 30, 2003 through August 8, 2003; and August 15, 2003 through August 22,2003. 2. A short hearing is scheduled in Courtroom No. 4 of the Cumberland County Courthonse on the ~ day of ().u rt , 2003 at 3! 30 L.M. at which time testimony will be ken on Mother's request to mandate that costs of a cnstody evaluation be paid out of marital assets that are currently included in qualified retirement accounts. 3. In the event Father retains legal counsel, counsel for the Father may contact the conciliator and conduct another custody conciliation conference via a telephone call between the attorneys and the conciliator to address issues set forth in this order and any other matters pertaining to the case. 4. Assuming the parties have not reached an agreement with respect to custody for the minor child during the school year, the parties shall meet with the conciliator on Friday, August 22,2003 at 8:30 a.m. ... V\NVl\l,\';>~rr~d l,l~':r:..'-y,"",' ' , '.:-'::-:'I,:.I'~n8 2'1 :t:.,c' f) \ i;ljVJ.C :1""1_.1, ...<'./',_. :~j'-\'; , ' II 5. Mother shall handle transportation for all exchanges of custody which may include Mother incurring expense for a bus ride to and from Pittsburgh in the event that is the method of transportation worked out between Mother and child. cc: ~rol J. Lindsay, Esquire Atrick T. Nemec 41 Green Ridge Road Mechanicsburg, P A 17050 BY THE COURT, Ali J. .J . J tttpl~ rlRKS O~ -It-113 CLAUDIA DeSOMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW PATRICK T. NEMIC, Defendant NO. 02 - 3256 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITII THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent infonnation pertaining to the child who is the subject of this litigation is as follows: Ross Nemec, born October 29, 1988. 2. A Conciliation Conference was held on June 6, 2003, with the following individuals in attendance: The Mother, Claudia DeSomma, with her counsel, Carol J. Lindsay, Esqnire; and the Father, Patrick T. Nemec, who appeared without counsel. 3. The conciliator has been handling this case for the past six months. We had a prior custody conciliation conference and we had a number of telephone conferences with the attorneys. There is a prior order from February 2003 which set forth some periods of custody for the Mother. It also specifies that the parties would go ahead and have a custody evaluation performed with the costs being paid out of the "marital assets." Father has terminated his relationship with his prior attorney, and appeared at the custody conciliation conference suggesting he did not necessarily agree with the provision to have an evaluation done with money paid out of marital assets. He suggests there are not any assets at this particular time to pay for an evaluation. It was admitted that there is some monil~ available, but the monies that are available are in qualified retirement accounts at the current time. It is noted that the prior order was entered on a recommendation from the conciliator after a telephone conference between the conciliator and legal counsel for the parties. 4. Mother is seeking time with the minor child during the summer months. She indicates she is planning to move back to Cumberland County sometime before late August of this year. The parties agree that there are no conflicts with the minor child's schedule during the summer that would prohibit him from going to Pittsburgh to visit the Mother. Father has suggested that he objects to the child being in Pittsburgh supervised by the Mother's parents or otherwise. However, the reality of the situation is that the Father works during the day and the child would be unsupervised in Cumberland County. The conciliator is not impressed with any of the reasons advanced by the Father relative to why the child cannot spend some time with the Mother in Pittsburgh. 5. The conciliator recommends the entry of an order in the fonn as attached. !..II (v/ {] /};, ~ q 61- to. Hubert X. Gilroy, Es Custody Conciliato , CLAUDIA DESOMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW PATRICK T. NEMEC, Defendant NO. 02-3256 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of June, 2003, upon consideration of the within Petition To Withdraw as Attorney for Defendant, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, J. Carol J. Lindsay, Esq. _ Go PI/ IY/ ai/ul 26 West High Street ( f Carlisle, PA 17013 Jay R. Braderman, Esq. ~ eo/)" /!-fCt tlf'1?' 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Attorney for Defendant ~ T ~ -('o/y.l11d~fl' :rc 1f"l,(Cf WJ ;17:/ @ [00 e8 I 7JV ":.!' ": 'Ho .JJ\:Ifovo.,-t QJd V f PI!J CLAUDIA DESOMMA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW .. NO. 2002 - 3256 CIVIL TERM PATRICK T. NEMEC, Defendant IN DIVORCE PETITION FOR A RULE ABSOLUTE AND NOW, comes your Petitioner, Jay R. Braderman and petitions for a Rule Absolute based upon the following. 1. On June 12, 2003, Attorney Jay R. Braderman, filed a Petition to the above term and number to withdraw as attorney for Defendant, Patrick T. Nemec. 2. On June 17, 2003, Judge 1. Wesley Oler, Jr., issued a Rule upon Plaintiff and Defendant to show cause why Petitioner, Jay R. Braderman, to withdraw as attorney for Defendant should not be granted. The Rule was returnable within twenty (20) days of service. A copy of the Rule was served upon Carol 1. Lindsay, Esquire, attorney for the Plaintiff, as well as your Petitioner receiving a copy of same from the Court. 3. More than twenty (20) days has elapsed from service ofthe Rule; WHEREFORE, Petitioner, Jay R. Braderman respectfully requests that the Court issue a Rule Absolute allowing him to withdraw as attorney for Patrick Nemec, the above-named Defendant. 2 CERTIFlCA nON OF SERVICE I hereby certifY that I am this day serving a copy of the atta,;hed Petition for a Rule Absolute on the following individual by First Class US Mail addressed as follows: Date: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 (Attorney for Plaintiff) Mr. Patrick T. Nemec 41 Green Ridge Road Mechanicsburg, P A 17050 8 7 "'Uii mr" ~~.. -<...: kC ;;;( ~C' >r;; ~4 -< o w :> c= G" I .r.;..' o "T1 :::J r:jl~ ',!1'1 ',:')9 ,-~~ (~) .;,\.=B 'fF> bm ~;J :D -< )C',," S> :..) o CLAUDIA DESOMMA, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM PATRICK 1'. NEMEC, : IN DIVORCE Defendant RULE ABSOLUTE AND NOW, this ~ day of ~\" (' ,2003, upon review of the within C)' Petition, it is hereby Ordered and Decreed that a Rule Absolute is hereby issued directing that Jay R. Bradennan, Esquire is allowed and is hereby directed to withdraw as attorney for Patrick T. Nemec, the above-named Defendant. BY THE COURT: "- , (// ./ ,II' / / / / 'Pe1 hror f , lilN'ti/i1\SNN3d 1 I^,nn" _"., . 'u. ., !"..,,_j f 'i"...-:'l//:;P:~!n') '"'---';',,/ v 81 IE:; S.Jd 9- :Ji)V CO Il:1k',(. . i'\ 1'~1,\''''i .' 11 ,'I) :;'r)I_,1_/; i ~I~ '" . _.. V'I-.J_\. '. CLAUDIA DeSOMMA, Plaintiff/Petitioner vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM : IN DIVORCE PATRICK T. NEMEC, Defendant/Respondent ORDER OF COURT AND now this ::to r of A ru.- Y . -, 2003, the hearing scheduled for August 20, 2003 at 3:30 p.m. is continued generally. ATthe request of either party, the hearing may be rescheduled. By the Court, /Ill evin A. Hess, J. CC~OI J. Lindsay, Esquire /Patrick T. Nemec 4 R. 8ro.d.eRl'I\cW > rl1:j~ RK~ O'8.:U~Cf.3 0<,"r::\1 ,,,-,\. \"~I\:\\\_,\'~ n" \f\::-',:,,!i \ \i\'~,:, "-~':::'\i\~, 10 }.....L>::"",..:""\ ..--,;--,-, { ~ ,. ,r' !'., O:.J .(, ;JJ;~ l;__'~.~)\~.:, c , ' I~ rl/ :;, u ~I .' ., CLAUDIA DE SOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLANI) COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM PATRICK 1'. NEMEC, IN DIVORCE Defendant PRAECIPE TO WlTHDRA W AL APP:EARANCE Please withdraw my appearance as attorney for Patrick T.7'emec. Attorney for Defendant I hereby certify that I am this day serving a true and correct copy of the attached CERTIFICA TION Praecipe to Withdraw Appearance on the following individual by First Class U.S. Mail addressed as follows: Date: Carol 1. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 Attorney for Defendant (') c :;- -Ow n"Jrn Z:x' 21;; (1)_,~;: ~t;;! :0<::: -- :Eo "'"0 -'" f:'; ~ -< o W %>0 c:: ~ N 0"\ -U :J1:; ~ c- UI o -" :.:j .+n '.tF-,-, .tf'il ;i.it;:' .~,:;C) ';"'--r. ,,~ ::n .. ,,, C) ~~rn --I ~ ::n -< CLAUDIA DeSOMMA, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERU~ND COUNTY, PENNSYLVANIA V. PATRICK T. NEMEC, DEFENDANT 02-3256 CIVIL TERM ORDER OF COURT AND NOW, this ~1v-.. day of September, 2003, following a hearing, IT IS ORDERED: (1) All prior custody orders are vacated and replaced with this order. (2) Patrick T. Nemec shall have primary physical custody of Ross Nemec, born October 29, 1988. (3) Each year Claudia DeSomma shall have temporary physical custody of Ross as follows: (a) Except as provided in subparagraphs (b), (c) and (d): (i) Once every six weeks from after school on Friday until Sunday evening or Monday evening, if Monday is a school holiday. The first six week period shall commence on Friday, September 19, 2003. (b) For the six week period in which there is the Thanksgiving school vacation break, from after school on the last day of school before the break until the evening of the last day of the break. (c) For the six week period in which there is the Christmas school vacation break, from noon on December 26th until the evening of December 30th. (d) In one of the six week periods durin!~ the summer school vacation break, for seven continuous days from a Friday evening through the next Friday evening. (e) At such other times as the parties may agree. (4) Ross and his mother shall communicate not later than (1) one week before the commencement of each six week period provided for in paragraph 3(a)(i) to set the time of temporary physical custody for that period, and (2) one week before the end of each school year to set the week provided for in subp;aragraph (d). The mother shall consider Ross's input in setting the time and shall notify the father in writing. (5) The mother shall pick Ross up for the start of all her periods of temporary physical custody. When the mother exercises her temporary physical custody in Pittsburgh she shall meet the father off the Breezewood Interchange of the Pennsylvania Turnpike to return Ross. (6) The father shall insure that Ross participates in setting the temporary physical custody as directed and that Ross accompanies his mother to her home in Pittsburgh or any other place that she shall choose to have th~ods take place. By the 06urt, ~\ Edgar B. ~arol J. Lindsay, Esquire For Claudia DeSomma ~atrick T. Nemec, Pro se 41 Green Ridge Road Mechanicsburg, PA 17050 l~ '/ fY\ RKs 09.0'6-~sal .' , Vi1\I\;'!\lASNN3d I I ~10"-"{'" .-." ,..,' '-"-'I.'n" I\,J.J\! Jr.I' '-,"' ,'-':r::,\jl ,0 S~:! ~i1 \,.,' ~, , ~ Loj,j ,", ":.....'i" r,o\-.'-\./ - ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 09/30/05 Case Number (See Addendum for case summary) 268105092 02-3256 CIVIL o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice PA STATE SYSTEM OF HIGHER C/O EDUCATION DIXON UNIVERSITY CTR 2986 N 2 ND ST HARRISBURG PA 17110-1201 RE. NEMEC, PATRICK T. Employee/Obligor's Name (Last, First, MI) 161-42-2551 Employee/Obligor's Social Security Number 1835101084 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachmenV Custodial Parent's Name (last, First Mil Employer/withholder's Federal EtN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: 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 unti I further notice even if the Order/Notice is not issued by your State. $ 920.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no $ 0.00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 920.00 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: $ 212.31 per weekly pay period. $ 424.62 per biweekly pay period (every two weeks). $ 460.00 per semimonthly pay period (twice a month). $ 920.00 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'sl obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS 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. DRO: R.J. Shadday Service Type M OMBNo.:Q970-0154 Ju::J.ge Form E N-028 Worker ID $IATT Date of Order: Ocl '-t 74:> ~ . ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS D If ,hecked you are required to provide a copy of this form to your employee. Ifyo~r employee works in a state that is ditterent 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 employeeJobligor's income in a single paymentto each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. * R~tJ(),l;"5ll,c rayJaLe/Ddlc: u(Vv';tIIIIUIJ;lIo' Yvu Illmt n:::/--,url LIlt:: ..,ayJalo'Jetlt:: uf vv;tllllvIJ;1I5 VVIIt::11 ;,t::IIJ;1I5 tIlt:: tJaYIlIt::IIL Tilt:: tJayJalt::/Jalt:: vf vv;ll,l,vIJ;I'5 ;:;,'ll,t:: Jatt:: VII vvl';LI, alltVUlll vva;, vv;ll,l,eld f,v"t lilt:: t::lI ,tJlvyt::t::';, na5t::;,. 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 suppon 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) s. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2516906940 EMPLOYEE'S/OBLlGOR'S NAME: NEMEC , PATRICK T. EMPLOYEE'S CASE IDENTIFIER: 1B3s101084 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.5.c. 91673 (b)1: or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 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.u5 Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMEl No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: NEMEC, PATRICK T. PACSES Case Number 268105092 Plaintiff Name CLAUDIA DESQMMA Docket Attachment Amount 02-3256 CIVIL$ 920.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child{ren)'s Name{s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child{ren) in any health insurance coverage available employee's/obligor's employment. D If checked, you are required to enroll the child{ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. D If checked, you are required to enroll the child{ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970.0154 0 '"-' 0 -=::> c. O;:.? -n < .. c.n c:> ~ C) __1_41 -4 n'p -n \'1"'- I ,~ : '.:::'; <-51 ::j Cl ___ni ., ,--, ~~i "-," (~} (..) ;;?,i-n ...,..,; U1 ~ 0" ------------ . . CLAUDIA DeCOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 2002-3256 PATRICK T. NEMEC, Defendant : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Defendant, Patrick T. Nemec. DATE: J4/ftf BY: ~ ---------~ ~ Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA l70ll Phone: (717)920-2500 P A Supreme Ct. ID No. 68735 . -. CLAUDIA DeCOMMA, Plaintiff vs. PATRICK T. NEMEC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2002-3256 CIVIL ACTION - LAW DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certifY that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Carol J. Lindsay, Esquire SAID IS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 DATE: Y/b (c G BY: e B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PAl 70 II Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 . , -f1 --J :-j::J, ....; SAIDIS, FLOWER & LINDSAY xrIDRNE\'SoAT.IAW 26 West High Street Carlisle, PA CLAUDIA DeSOMMA, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002 - 3256 CIVIL TERM v. PATRICK T. NEMEC, Defendant/Respondent : IN DIVORCE PETITION TO COMPEL DISCOVERY 1. The parties hereto are husband and wife, having been joined in marriage on February 12,1991. 2. Plaintiff filed a Complaint in Divorce on July 10, 2002. 3. On June 19, 2006, Plaintiff served on Defendant a Second Request for Production of Documents. A copy of that Request is attached hereto as Exhibit "An. 4. On July 26, 2006, there having been no response to the Request, the undersigned sent a reminder letter setting the time for answer by ten days. A copy of the July 26, 2006 letter is attached hereto as Exhibit "B". 5. No response to the Second Request for Production of Documents has been received. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule to Show Cause upon the Defendant why he should not be compelled to provide the documents requested on June 19, 2006. SAlOIS, FLOWER & LINDSAY Carol J. Lindsay, Supreme Court I No. 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: 1(l-zjOb SAIDIS, FLOWER & LINDSAY xrIORNaSoKf.lAW 26 West High Street Carlisle, PA VERIFICATION I, Carol J. Lindsay, attorney for Plaintiff, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. SAIDIS, HOWER & LINDSAY .(ffO\lNE~!MfolAW 26 West High Street Carlisle, PA CLAUDIA DeSOMMA, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3256 CIVIL TERM v. PATRICK T. NEMEC, Defendant/Respondent IN DIVORCE SECOND REQUEST FOR PRODUCTION OF DOCUMENTS TO: Patrick T. Nemec c/o Jeanne B. Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control-and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: 1. 2004 and 2005 Federal income tax returns, as filed, together with al/1099s and W-2s for the years of filing. 2. The payoff on lien encumbering the 1997 Ford F-150 truck. 3. Each quarterly statement from TIA CREFF from July 1,2002 to the present. 4. Statements for your Solomon Smith Barney IRA account number 7246135110035 from January 1, 2002 to the present. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esq Ire Supreme Court I N 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: June 19,2006 SAllIS, FLOWER & LINDSAY ATIDIlNEYS-AT.lAW 26 West High Stteet Carlisle, P A CERTIFICATE OF SERVICE On this /9 day of ~, 2006, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 SAlOIS, FLOWER & LINDSAY JOHN E. SUKE ROBERT C. SAIDIS JAMPS D. FLOWER, JR CAROL}. UNDSAY MICHAEL L. SOLOMON BRIAN C. CAFFREY GEORGE F. DOUGLAS, ill THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST IDGH STREET CARUSLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222- FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-Iaw.com www.sfl-Iaw.com CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARUSLE July 26,2006 Jeanne B. Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 Re: DeSomma v. Nemec Dear Jeanne: I served Mr. Nemec with a discovery request on June 19. Thirty days have passed and we have not had an Answer. Would you please provide the information requested within ten days after which I will file a Petition to Compel Discovery. Thank you for your help. Very truly yours, SAlOIS, FLOWER & LINDSAY ~ Carol J. Lindsay, Esquire CJ Ubes cc: Claudia DeSomma SAlOIS, FLOWER & LINDSAY ATIORNEYS.AToIAW 26 West High Street Carlisle, PA I' CERTIFICATE OF SERVICE On this 2- "Z-t1ay of&r~~' Carol J. Undsay. Esquire, of the law firm of SAlOIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 SAlOIS, FLOWER & LINDSAY ~"~ -r;, r--..:I .e:) c::;:, <::T' (/) l-q -::; N c.n -) ~ ~." n1p -0 !I! ~JJ 'I} C)O ~~.; j =1-, {~ C'') .....::..n CJ --{ ~ -0 ::1\: w .. o SAlOIS, FLOWER & LINDSAY ATIORNEl:SoAT.\AW 26 West High Street Carlisle, PA " ~ CLAUDIA DeSOMMA, Plaintiff/Petitioner I i SEP 2 6 2006 i 13\~.....~::::=-_~_~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM : IN DIVORCE v. PATRICKT. NEMEC, Defendant/Respondent ORDER OF COURT AND NOW, this '*2" day of Och~ , 2006, upon consideration of the within Petition, a Rule is issued on Patrick T. Nemec to show cause why he should not produce the documents requested on June 19, 2006, pursuant to a Second Request for Production of Documents. Rule returnable 2 (;> days from the date of service thereof. , J. \N<V!\l/I:hji{:1d AJ.NnC"-, ::.q[/\ln8 o Z :E Wd 2- 1JO 9002 " 'VI"'" ." ,. ~,' ' I -'j...l1 :1-. Ao. ., 1,...; ;.-".1.. i 'C.'.'O -I U ...LV_ "'_';. ~ '.,J...i ...., 38jj~(}-031!:l SAlOIS, FLOWER & LINDSAY MIOIINaSoIJ.lAW 26 West High Street Carlisle, PA CLAUDIA DeSOMMA, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3256 CIVIL TERM v. PATRICKT. NEMEC, Defendant/Respondent : IN DIVORCE PETITION FOR RULE ABSOLUTE AND NOW, comes Claudia DeSomma by and through her counsel, Saidis, Flower & Lindsay, and states as follows: 1. The parties hereto are husband and wife, having been joined in marriage on February 12, 1991. 2. On June 19, 2006, Petitioner served on Respondent a Request for Production of Documents. No response was provided thereto. 3. On September 22, 2006, Petitioner filed a Petition to Compel Discovery. This Honorable Court issued a Rule to Show Cause on October 2, 2006, requiring Respondent to show cause why he should not produce the discovery requested. The Rule was returnable twenty (20) days from the date of service thereon. 4. The Rule was served on October 9, 2006. A copy of the letter of service is attached hereto as Exhibit "ArI. 5. Respondent has failed to provide the documents requested and failed to answer the Rule. SAIDIS, FWWER & LINDSAY ATIOIINnS./J.lAW 26 West High Street Carlisle, PA " WHEREFORE, Petitioner prays this Honorable Court to make the Rule absolute and to require Respondent to produce the documents requested. SAlOIS, FLOWER & LINDSAY Dated: 10 /~ 1/ Oft SAIDIS, FWWER & LINDSAY ATJ:ORNEtSoIJ'lAW 26 West High Street Carlisle, PA " VERIFICATION I, Carol J. Lindsay, attomey for Plaintiff, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. SAIDIS, FWWER & LINDSAY !JIORNm./J.lAW 26 West High Street Carlisle, PA !I I I I CERTIFICATE OF SERVICE On this ? ( day of ~W-", 2006, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Carol J. Lindsay, Supreme Court I 26 West High St e Carlisle, PA 17013 717-243-6222 . f' '- _.. ~ SAIDIS, FlOWER & LINDSAY xrroRNJm;o!J.LAW 26 West High Street Carlisle, P A I l NaV 0 12D06(1 ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM CLAUDIA DeSOMMA, Plaintiff/Petitioner v. PATRICK T. NEMEC, Defendant/Respondent : IN DIVORCE ORDER OF COURT AND NOW, this J.1.j day of IJ~ , 2006, upon consideration of the within Petition, the Rule issued by this Court on October 2, 2006 is made absolute and the Respondent, Patrick T. Nemec, is ordered and directed to produce the documents requested in the Request for Production of Documents within 2 a days of the service of this Order. BY THE COURT, , J. ,,,.,..,,, ,.., ....< ~; h.J so :11 Hd z- lION quill I 't."r!lf "', :.('..i ,'.".l :.i '...lJ' .JC)' ^.J,( l,.....>l .:.~;, ,....;,_'......-.J -il 1: .,.-l'" SAIDIS, FlOWER & LINDSAY !JIORNJMi./J.lAW 26 West High Street Carlisle, PA CLAUDIA DeSOMMA, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3256 CIVIL TERM v. PATRICK T. NEMEC, Defendant/Respondent IN DIVORCE PETITION FOR CONTEMPT AND NOW, comes Claudia DeSomma, by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on February 12, 1991. 2. On June 19,2006, Petitioner served on Respondent a Request for Production of Documents. No response was provided thereto. 3. On September 22, 2006, Petitioner filed a Petition to Compel Discovery. This Honorable Court issued a Rule to Show Cause on October 2, 2006, requiring Respondent to show cause why he should not produce the discovery requested. The Rule was returnable twenty (20) days from the date of service thereon. 4. The Rule was served on October 9, 2006. A copy of the letter of service is attached hereto as Exhibit "A". 5. On November 2, 2006, this Honorable Court ordered Patrick Nemec, Respondent, to produce the documents requested within twenty (20) days of the date of service. The Court's Order of November 2, 2006 was served on November 7, 2006 6. The undersigned has followed up with a telephone call to counsel to be sure the discovery request response was not in process and it is not. SAIDIS, FlOWER & LINDSAY A'JTORNEl'S./J.lAW 26 West High Street Carlisle, PA " I I WHEREFORE, Petitioner prays this Honorable Court to enter a Rule upon the Respondent to show cause why he should not be held in contempt of this Court's Order of November 2, 2006. Respectfully submitted, SAlOIS, FLOWER & LINDSAY Carol J. llnasay, Supreme Court 26 West High S reet Carlisle, PA 17013 717-243-6222 Dated: 1~ 4 fob JOHN E. sUKE ROBERT C. SAIDlS JAMES D. FLOWER, JR CAROL J. UNDSAY MICHAEL L. SOLOMON BRIAN C. CAFFREY GEORGE F. DOUGLAS, III THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HDffiNBAUGH LAW OmCES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST IDGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@sfl-Iaw.com www.sfl-Iaw.com CAMP roll OFFICE: 2109 MARKET STREET CAMP HILL, P A 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE October 9, 2006 Jeanne B. Costopoulos, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Re: DeSomma v. Nemec Dear Jeanne: I enclose the Court's Order of October 2, 2006, providing Patrick Nemec twenty (20) days from the date of this letter to show cause why he should not provide the documents requested. Very truly yours, CJUbes Enclosure cc: Claudia DeSomma SAIDIS, FlOWER & LINDSAY !JIDIlNE\'SoAT.lAW 26 West High Street Carlisle, PA VERIFICATION I, Carol J. Lindsay, attorney for Plaintiff, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 9 4904, relating to unsworn falsification to authorities. SAIDIS, FlOWER & LINDSAY A'JTORNEl'S./J.lAW 26 West High Street Carlisle, PA " CERTIFICATE OF SERVICE On this "-i day of 06, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 SAlOIS, FLOWER & LINDSAY Carol J . Lindsay, E Supreme Court ID 26 West High Stre Carlisle, PA 17013 717-243-6222 (} c_ -"'!:'" ,;.. ......, c::;:I c..-:::) ;;;::f'" c::J f"1 c-> , _1 ~ :2-n rn- -0 Ii -01-.,-) :-;3 ~f~ ~,.. .........1 ';-~~ f~\ ":.:.\ ~ ~ -0 ~y:. r::-;> .r." ~. f CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2002-3256 PATRICK T. NEMEC, Defendant : CIVIL ACTION - LA W : DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Patrick T. Nemec, and respectfully represents the following in support of this petition: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Patrick T. Nemec, in the above captioned case. 2. Defendant has not maintained contact with undersigned counsel regarding pending pleadings filed by Plaintiff. Undersigned counsel is unable to provide representation to Defendant without communication from him. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to permit her to withdraw as counsel from Defendant's case. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: ~ J1fANNE B. COST~S, ESQUIRE Attorney LD. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Patrick T. Nemec, Defendant Dated: (;z,(rz-/~ CLAUDIA DeSOMMA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2002-3256 PATRICK T. NEMEC, Defendant : CIVIL ACTION - LAW : DIVORCE VERIFICATION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing document 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: I zit 2/2.ffn-VJ , Signature~ ______ eanne B. Costopoulos, EsquIre--- CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2002-3256 PATRICK T. NEMEC, Defendant : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: Patrick T. Nemec 41 Green Ridge Road Mechanicsburg, P A 17050 Carol J. Lindsay, Esquire 26 West High Street Carlisle, P A 17013 Dated: /2(/2/&1" By: ~ ~Nt B. COSTopoUi<>S;'ESQUIRE Attorney LD. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Patrick T. Nemec, Defendant (''I ~; ";'-.":1 r-> c;:>' c::> 0"' CJ r"1 c-) N ~ .-\ J:-n h'1c -r:,m '''_IJ'--,j :~:~~: ~~?~ r~!~ '-c"'> ~ :P" -)/if"' ~ 9 ~. ~ DEe 1 32006pr r CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2002-3256 PATRICK T. NEMEC, Defendant : CNIL ACTION - LA W : DIVORCE ORDER OF COURT /'1' AND NOW this day of ~ , 2006, a Rule is hereby issued on both parties to show cause why the attached Petition to Withdraw as Counsel should not be granted. Rule returnable -z,o days from service. BY THE COURT: 4fL J. At r, ,..! .. SAIDIS, FLOWER & LINDSAY ATIORNm'~foIAW 26 West High Street Carlisle, PA L. DEe 0 g 2006. CLAUDIA DeSOMMA, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 - 3256 CIVIL TERM v. PATRICK T. NEMEC, Defendant/Respondent : IN DIVORCE ORDER OF COURT AND NOW, this dOtl dayof ~ , 2006, upon consideration of the Petition, a Rule is issued upon Patrick T. Nemec to show why he should not be held in contempt of the Court's Order of November 2,2006. d~ Z Rule returnable at a hearing set for the 15' day of '" I/~ .20ot in Courtroom Number 4 of the Courthouse in Carlisle, Pennsylvani~. ,cd ~ 30 jJ' /TJ . BY THE COURT, ,/ ~ If f/tv , J. SAIDIS, FLOWER & LINDSAY xrroRNJMi./J.lAW 26 West High Street Carlisle, PA CLAUDIA DeSOMMA, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2002 - 3256 CIVIL TERM v. PATRICK T. NEMEC, Defendant/Respondent : IN DIVORCE ORDER OF COURT AND NOW, this oltj~ day of ~/YYIk~ , 2006, because counsel for Plaintiff is scheduled for a hearing in conflict with that set by this Court, it is hereby ordered and directed that the hearing scheduled for January 18, 2007 is rescheduled to the 2;;'11 , L?! d'{/D /J day of ,7 thd~ ' 2007, at ., , , L-M., in Court Room 4 of the Cumberland County Courthouse in Carlisle, Pennsylvania. BY~R~ J , J. I / CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2002-3256 PATRICK T. NEMEC, Defendant : CIVIL ACTION - LAW : DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, the Petitioner, Jeanne B. Costopoulos, Esquire, makes the following Motion to Make Rule Absolute: 1. Petitioner, Jeanne B. Costopoulos, Esquire, filed a Petition to Withdraw as Counsel for Defendant on December 12,2006. 2. On December 19,2006, a rule was issued on both parties to show cause why the Petition should not be granted. The Rule was returnable 20 days from service. 3. Petitioner served both the Petition and Rule on Defendant, Patrick T. Nemec, by sending via regular mail on December 21, 2006, to his last known address of 41 Green Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. (See attached Exhibit A - Affidavit of Service). 4. Petitioner served both the Petition and Rule on Plaintiffs counsel, Carol J. Lindsay, Esquire, on December 26, 2006. (See attached Exhibit B - Affidavit of Service) 5. Neither party has filed response to the Petition to Withdraw as Counsel for Defendant and more than 20 days have elapsed since service of the Petition and Rule upon both parties. WHEREFORE, the undersigned respectfully requests this Honorable Court to grant her leave to withdraw as counsel for Defendant, Patrick T. Nemec. Dated: 14~7 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES ~ . ----...... JEANNE B. COSTOPOUWs, ESQUIRE Attorney J.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2002-3256 PATRICK T. NEMEC, Defendant : CNIL ACTION - LAW : DNORCE VERIFICATION I, JeanneB. Costopoulos, hereby verify that the statements made in the foregoing document 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. 94904, relating to unsworn falsification to authorities. Date: /13/!ztol , Signature: ~ _ eanne B. Costopoulos, EsquIre CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2002-3256 PATRICK T. NEMEC, Defendant : CIVIL ACTION - LA W : DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: Patrick T. Nemec 41 Green Ridge Road Mechanicsburg, P A 17050 Carol J. Lindsay, Esquire 26 West High Street Carlisle, P A 17013 By: Dated: (~d2fl? JE Nt B. COSTOPOULO , Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Petition to Withdraw as Counsel Rule to Show Cause were both served together with the attached letter upon the Defendant indicated above by mailing a copy of same on December 21, 2006, by first class, regular mail, postage prepaid, addressed as follows, which is the last address he provided to undersigned counsel: Patrick T. Nemec, 41 Green Ridge Road, Mechanicsburg, P A 17050. Said documents with attached letter sent to Defendant on December 21, 2006 have not been returned, and more than 35 days have elapsed since the date of mailing. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: I h/l2/lf7 BY:~ - ~ COSTOPO~,""ksQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 EXHIBIT A MARIA Po COGNETTI & ASSOCIATES Attorneys & Counselors at Law 210 Grandview Avenue, Suite 102 . Camp Hill, P A 17011 Telephone (717) 909-4060. Fax (717) 909-4068 Email CognettiLaw@aol.com Maria P. Cognetti * Attorney at Law Practice Limited to Matrimonial Law Kristopher T. Smull Attorney at Law Jeanne B. Costopoulos Attorney at Law *Fellow, American Academy of Matrimonial Lawyers Fellow, International Academy of Matrimonial Lawyers December 21,2006 Patrick T. Nemec 41 Green Ridge Road Mechanicsburg, P A 17050 Dear Mr. Nemec: Enclosed please find a Petition to Withdraw as COlUlsel with attached Order of Court dated December 19, 2006, giving you twenty (20) days from receipt of this letter to show cause to th court why the Petition should not be granted. Also enclosed is an Order of Court dated December 20, 2006, scheduling a hearing on January 18, 2007, at 2:30 p.m. in Courtroom No.4 of the Cumberland County Courthouse. Sincerely yours, ENCLOSURES AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Petition to Withdraw as Counsel for Defendant and Rule to Show Cause were both served upon counsel for Plaintiff, Carol J. Lindsay, Esquire, on December 26,2006, by first class, Certified Mail receipt no.7005 03900005 2244 2573 (return receipt attached). By: UIRE Dated: IAI/2R JE NE B. COSTOPOULO , Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 EXHIBIT B . . to: lf~o I 5. LtAdj(J.;, cSf }AI 1)/) f?l(J wet'- ' 4 A/j)~r z, w: JltyA J~, Cdr-{l.sfe ( p~ /70' 3-2'(22- 2. ....... Nunmer ,.....,....... .... .......1111, ......, ~ 3. 5eMce 1WMt .ll6,.1Iled MIl C e.p.. MIll C ~i 1..4 C RIb.m AIcIIpt for Ml-I..... C ~ MIll C C.O.D. 4. ~ 0elIvwy1 (&tta 1W) 0 ... ~005 0390 0005 2244 2573 DDtMIIIo Allum ...... 1 Ill. M ,.. i 2 S ""t)I~D ~:;;.r~ f,,1 7- :2 -';-1 o -n ::? t ,",J \ ( ;'; 1. ~,-, .f;- c ~ FEB 082007 pi CLAUDIA DeSOMMA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2002-3256 PATRICK T. NEMEC, Defendant : CIVIL ACTION - LAW : DIVORCE ORDER OF COURT AND NOW this r day of ":/~Aj , 2007, upon consideration of Jeanne B. Costopoulos' PETITION TO WITHDRAW AS COUNSEL and MOTION TO MAKE RULE ABSOLUTE, it is hereby Ordered that Jeanne B. Costopoulos, Esquire, is granted leave to withdraw as counsel for Defendant, Patrick T. Nemec. BY THE COURT: 1/1 J. l~rr ..0 ~. ~ l r~ ~ 'P' ~ ~ ~ .". .;'.'r18 , ~ 90:IlHV 8-81:1L002 .. -.. SAIDIS, FlOWER & LINDSAY .<<nlIINa&.<<.LAW 26 West High Street Carlisle, PA 'i CLAUDIA DeSOMMA, Plaintiff/Petitioner v. PATRICK T. NEMEC, Defendant/Respondent TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVILACTION-LAW : NO. 2002 - 3256 CIVIL TERM : IN DIVORCE PRAECIPE Please withdraw the Petition for Contempt of the Court's Order of November 2, 2006 filed by the Plaintiff. Dated: 2j2.-tJj07 Respectfully submitted, SAIDIS, FLOWER & LINDSAY . SAIDIS, FlOWER & LINDSAY ATIDRNJm;o.<<.LAW 26 West High Stteet Carlisle, P A II CERTIFICATE OF SERVICE On this 22nd day of February, 2007, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Mr. Patrick T. Nemec 41 Green Ridge Road Mechanicsburg, PA 17055 SAIDIS, FLOWER & LINDSAY dl), klJ,Q t?:hJ ~ - Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717 -243-6222 (') s: 1~5 f'D / d, -.;... C.~ ~~~ ,~', S€~-=:j -;; ~:.( ~.( '" <=> = -.J -rt rq OJ ", N -0 3: ~ ,J:" -.l o 11 ~ nl:!J r- -om :0 0C1 ,:) T ~ -, gff :-C-;;i: ~~ :;:-I"i? ~~; -< State Commonwealth of Pennsylvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 03/29/07 Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 268105092 02-3256 CIVIL o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice STATE SYSTEM OF HIGHER EDUCATI C/O DIXON UNIVERSITY CENTER 2986 N 2 NO ST HARRISBURG PA 17110-1201 RE: NEMEC, PATRICK T. Employee/Obligor's Name (Last, First, Mil 161-42-2551 Employee/Obligor's Social Security Number 1835101084 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mil Employer/\Nithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: 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. $ 920.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ~ no $ 0 . 00 per month in current and past-due medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 920.00 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: $ 212.31 per weekly pay period. $ 424.62 per biweekly pay period (every two weeks). $ 460.00 per semimonthly pay period (twice a month). $ 920.00 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). If required by Pennsylvania law (23 PA C.S. S 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: P A SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS 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. DID: R. J. Shadday Service Type M OMB No,: 0970-0154 Jud~e Form EN-Om Rev. 1 Worker ID $IATT Date of Order: JnA "l.-L 3 ? # 2 tT D 7 tJ , ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to provide a c;:opy of this form to your ~mployee. If YOl,Jr employee works in a state that is ditterentfrom 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. * Repalting ti,e PaydatelDate of 'Nitl,holdil,g. You n ,ust report ti,e paydate!date of ..ithhaldil,g ..hen sendil,g ti,e paylllent. The paydateldate of withholding is ti,e date a" ..I,iel, an,oullt ..as ..ithl,eld flO,,' ti,e en,playee'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. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 9100009000 EMPLOYEE'S/OBLlGOR'S NAME: NEMEC. PATRICK T. EMPLOYEE'S CASE IDENTIFIER: 1835101084 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1l.Submitted By: 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. 1 Worker ID $IATT Service Type M OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: NEMEC, PATRICK T. PACSES Case Number 268105092 Plaintiff Name CLAUDIA DESOMMA Docket Attachment Amount 02=32'56 CIVIL$ 920.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available employee's/obligor's employment. Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Worker I D $ IATT ~ s ~ 0;::0 \ U) -0 - "...;;:.... :.1 ~ ~-n p1r=: -rJ ,1'\ -F,y ;~-~~\ '~26 <-t'I .~ 7?"' ~ v' .' en o