IN THE SUPERIOR COURT OF PENNSYLVANIA
IN THE MATTER OF AN ORDER FOR CHILD SUPPORT IN THE COURT OF COMMON PLEAS OF
LEHIGH COUNTY:
Ternigan, Virginia G. , : Docket No. __DR-89-1459______
Plaintiff, :
vs. : PACSES Case No. 907002114
Hamoui, Farouk Z. :
Defendant :
Notice to Court Administrator of Challenge to Constitutionality of
Pennsylvania's Rules of Civil Procedure Rule 1910.16, as amended April 1, 1999,
and Pennsylvania's Rules of Civil Procedure Rule 1910.19
TO THE HONORABLE ZYGMONT A. PINES,
ACTING COURT ADMINISTRATOR OF PENNSYLVANIA:
Pursuant to Rules 522 of the Pennsylvania Rules of Appellate Procedure, notice
is hereby given that one of the issues raised in this matter is the
constitutionality of Pa.R.C.P. Rule 1910.16; Support Guidelines, as amended
effective April 1, 1999. A second issue raised is the constitutionality of
Pa.R.C.P. Rule 1910.19.
Rule 1910.16-3 has a disparate impact on non-custodial parents in a multiple
family support case when the custodial parent has a higher income than the
non-custodial parent.
Rule 1910.19 contains vague and ambiguous language leading to an application of
the law whereby litigants may be deprived of their constitutionally protected
right to "notice".
A challenge to the constitutionality of both Rules is applicable to this appeal
from the Order of the Court of Common Pleas of Lehigh County affirming an Order
for child support. Application of these Rules is violative of appellant's
constitutional right of due process of law and equal protection of the laws.
____________________________ _________________
Eugene A. Wrona Date
Attorney for Appellant
1021 No. 10th Street
Whitehall, PA 18052
Atty. ID # 67880
Tele. (610) 821-1155
FAX (610) 821-1021
IN THE SUPERIOR COURT OF PENNSYLVANIA
IN THE MATTER OF AN ORDER FOR CHILD SUPPORT IN THE COURT OF COMMON PLEAS OF
LEHIGH COUNTY:
Ternigan, Virginia G. , : Docket No. __DR-89-1459______
Plaintiff, :
vs. : PACSES Case No. 907002114
Hamoui, Farouk Z. :
Defendant :
PROOF OF SERVICE
I, Eugene A. Wrona, hereby certify that I am this day serving the foregoing
document upon the persons and in the manner indicated below which service
satisfies the requirements of Pa.R.C.P. 402.
BY HAND DELIVERY BY FIRST-CLASS U.S.MAIL
Domestic Relations of Lehigh County10 N. 11th StreetAllentown, PA 18101 Susan
G. Maurer Attorney at Law1140 Walnut St.Allentown, PA 18102
The Honorable Alan M. BlackLehigh County Courthouse455 Hamilton StreetAllentown,
PA 18101 The Honorable Zygmont A. PinesActing Court Administrator of
Pennsylvania1515 Market Street, Suite 1414Philadelphia, PA 19102
(Certified U. S. Mail)
__________________________ __________
Eugene A. Wrona Date
Attorney for Farouk Z. Hamoui / Defendant
1021 N. 10th St.
Whitehall, PA 18052
ID # 67880
Tele. (610) 821-1155
FAX (610) 821-1021
Eugene A. Wrona
Attorney-at-Law
1021 North 10th Street
Whitehall, PA 18052
Tel. (610) 821-1155
FAX (610) 821-1021
May 9, 2000
TO: THE HONORABLE ZYGMONT A. PINES
Acting Court Administrator of Pennsylvania
1515 Market Street, Suite 1414
Philadelphia, PA 19102
IN THE MATTER OF AN ORDER FOR CHILD SUPPORT IN THE COURT OF COMMON PLEAS OF
LEHIGH COUNTY:
Virginia G. Ternigan v. Farouk Z. Hamoui, PACSES Case No.: 907002114
Docket Number DR-89-1459
To The Honorable Court Administrator;
Enclosed please find an original plus two copies of Notice to Court
Administrator of Challenge to Constitutionality of Pennsylvania's Rules of Civil
Procedure. I am submitting copies to the Domestic Relations section of Lehigh
County, The Honorable Alan M. Black, and to appellee.
Thank you for your attention in this matter.
Very truly yours,
______________________________ ________________
Eugene A. Wrona Date
Attorney for Farouk Z. Hamoui / Appellant
Atty. ID # 67880
