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Home My WebLink About03-0659 MICHAEL W. SHEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 2003 - ~)-q CIVIL TERM HEIDI SHEIBlEY, CIVil ACTION-LAW IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground forthe 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, II II , , i i I, II ,/ II II !I I I I IF YOU DO NOT FilE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE 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 MICHAEL W. SHEIBLEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - rpi' q CIVIL TERM CIVIL ACTION-LAW IN DIVORCE vs. HEIDI SHEIBLEY, COMPLAINT UNDER SECTIONS 3301~1;J AND 3301fd) OF THE DIVORCE CODE I I 1. Plaintiff is Michael W. Sheibley, an adult individual who currently resides at 614 Apple Drive, MechaniCSburg, Cumberiand County, PennSYlvanIa. 2. Defendant is Heidi Sheibley, an adult individual who currentiy resides at, Sr 3016, Herndon, Northumberland County, PennSYlvania, 3. Plaintiff has been a bona fide residenl in the Commonwealth of PennSylvania for at least six months immedialely previous to the filing of this Complaint 4. The Plaintiff and Defendanl were married on September 27, 1 997, in Cumberland County, PennSYlvania, I I j I I I I ! 5. There have been no prior actions of divorce orfor annulment between the parties. 6. The marriage is irretrievably broken, have the righl to request Ihat the COurt require Ihe parties to Participate in CounSeiing. 7. The Plaintiff has been advised of the availability of COUnseling and that he may 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~~~ Esquire 1.0,# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domeslic/sheibley/divorce.com Ii VERI FICA TION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C S. S 4904, relating to unsworn falsification to authorities. Date: / I II I i I I I i I , ., ..,. ., f j 'to , ;f ;~ . . .. ,{ ~~,-'\. .. '.fi-.~ ',. . -- , ,. ~ t.. --. ~ ~ '" -+-.:l '-\ ~ 7\:-- 1- '" ~. --0 0v "-0 '" "- :::,U c::s d ~ ~ ~ :')-- ~ \\ " , ., r ( o ( . ".--' -., , J (. :51 ( ;'i e--J MICHAEL W. SHEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-659 CIVIL TERM HEIDI SHEIBLEY, Defendant CIVIL ACTION-LAW IN DIVORCE PETITION FOR RULE TO SHOW CAUSE WHY THE DIVORCE ACTION IN NORTHUMBERLAND COUNTY SHOULD NOT BE STAYED PURSUANT TO Pa.R.C.P. 1920.6 AND NOW, comes the Plaintiff, in the above-captioned action, Michael W. Sheibley, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. The Plaintiff in the above-captioned action is Michael W. Sheibley, who resides 614 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant in the above-captioned action is Heidi Sheibley, who resides at R.R. 2, Box 624, Herndon, Northumberland County, Pennsylvania. 3. On February 13, 2003, Michael W. Sheibley filed an action in divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, seeking a divorce pursuant to Section 3301 (c) and 3301(d) of the Divorce Code. 4. On February 14, 2003, the Defendant in the above-captioned action, filed a Divorce Complaint in the Court of Common Pleas of Northumberland County, Pennsylvania seeking a divorce based upon irretrievable breakdown of the marriage, equitable distribution of martial property, alimony and counsel fees, expenses and costs. 5. The parties were married in Cumberland County, Pennsylvania on September 27, 1997. 6. The parties' marital residence had been at 614 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania from 1997 until 2002. 7. The parties never lived in Northumberland County together and own no property jointly in Northumberland County. WHEREFORE, the Plaintiff requests that this Honorable Court enter an Order staying the divorce action in Northumberland County and ordering that the above- captioned action proceed. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Michael A. Scherer, Esquire 1.0. # 6Hl74 17 West South Street Carlisle, Pennsylvania 17013 (717) 24~1-6873 mas.dir/domestic/sheibley/northumberland.pet VERI FICA TION The statements in the foregoing Petition To Stay Divorce Action In Northumberland County Pursuant To Pa.R.C.P. 1920.6 am based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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. 9 4904 rel~ing to unsworn falsifications to authorities. DATE: If) 1k1'CH 2003 CERTIFICATE OF SERVICE~ I hereby certify that on March ,2003, I, Susan K. Guyer, legal secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition For Rule To Show Cause Why The Divorce Action In Northumberland County Should Not Be Stayed Pursuant To Pa.R.C.P. 1920.6, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Joseph C. Michetti, Esquire, Dluge & Michetti 921 Market Street Trevorton, Pennsylvania 17881 ~san K. Guye o ~; -Or;: [i) Lf .L::'" .._;; -<I~ U.'" " 2c_ l;c'".", ); i:.~ -7 ~ , ( c: -t~ t-J~ _._~ Cf ..).. "- ~t -;.J ~~) :.b ":-~ - ~~D C:) -< MICHAEL W. SHEIBLEY, Plaintiff v. HEIDI SHEIBLEY, Defendant AND NOW, this 2-\,\ day of . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-659 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE , 2003, upon consideration of the Petition For Rule To Show Cause Why The Divorce Action In Northumberland County Should Not Be Stayed Pursuant To Pa.R.C.P. 1920.6, a rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Petition should not be granted. r Rule returnable -3 \ Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Joseph C. Michetti, Jr., Esquire Dluge & Michetti 921 Market Street Trevorton, Pennsylvania 17881 days from service. ~ ~~ .3-.2'1.03 0-, L c_-.:. ...::J 2: .._._~ "t~ "1.-::' ~-<~.. -~g L_ q;. .~ itJ ,;lL :5 o c c... . .~,. c.~) r~~:f II MICHAEL W. SHEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-659 CIVIL TERM HEIDI SHEIBLEY, CIVIL ACTION-LAW IN DIVORCE Defendant STIPULATION THIS STIPULATION, by and between Michael A. Scherer, Esquire, counsel for Michael W. Sheibley, and Joseph C. Michetti, Jr., Esquire, counsel for Heidi Sheibley, is entered this /Cf'fl.- day of March, 2003. WHEREAS, on February 13, 2003, Michael W. Sheibley filed an action in divorce in the Court of Common Pleas of Cumberland County, Pennsylvania, seeking a divorce pursuant to Section 3301 (c) and 3301 (d) of the Divorce Code; and, WHEREAS, on February 14, 2003, Heidi Sheibley, the defendant in the above- captioned action, filed a Divorce Complaint in the Court of Common Pleas of Northumberland County, Pennsylvania seeking a divorce based upon irretrievable breakdown of the marriage, which action included claims for equitable distribution of martial property, alimony and counsel fees, expenses and costs; and, I i I II " I I WHEREAS, the parties were married in Cumberland County, Pennsylvania on September 27, 1997; and, WHEREAS, the parties' marital residence had been at 614 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania from 1997 until 2002; and, WHEREAS, the parties never lived in Northumberland County together and own II no property jointly in Northumberland County. NOW, THEREFORE, the parties intending to be legally bound hereby, enter into the following Stipulation in order to resolve the issue of venue in this case. 1. The action filed in Northumberland County docketed to CV-03-224 shall be stayed, pending further Order of Court. 2. The above-captioned action shall remain active and shall proceed at the election of the parties. ~;;f~ 'Michael A. Scherer, Esquire 1.0. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Joseph C. ichetti, Jr. 1.0. #30016 921 Market Street Trevorton, PA 17881 (570) 797-8651 Attorney for Michael W. Sheibley Attorney for Heidi Sheibley mas.dir/domestic/sheibley/stipulationstaynorth. wpd (") c.. .....,.. ~.....>4 -c.'C,' n"il. ~,..r- C~,;. ~f c. ~'~ ).> ".) , , 1 _.:') ~ 4~ II J v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-659 CIVIL TERM M~ 2003 MICHAEL W. SHEIBLEY, Plaintiff HEIDI SHEIBLEY, Defendant CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this ~ day of March, 2003, upon consideration of the within Stipulation, the action filed in the Court of Common Pleas of Northumberland County, Pennsylvania, docketed to No. CV-03-224 captioned as Heidi Sheibley, Plaintiff v. Michael W. Sheibley, Defendant shall be stayed pending further Order of Court. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Joseph C. Michetti, Jr., Esquire Dluge & Michetti 921 Market Street Trevorton, Pennsylvania 17881 ~.~ ..3.. 3/~()J CA. ~ ~ld~II' V1i\\I^lASNN3d },JNnCO nt\r'{l~F1m~n~ SO :8 Wd 82 ~~W SO Al:Nj.cX+JH_.:JJ~,~d ::--!l :10 30j:J~O -Ol!!:! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVISION MICHAEL W. SHEIBLEY, Plaintiff, : NO. CV-2003-659 vs. HEIDI SHEIBLEY, Defendant. : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take 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 jud!;lment may also be entered against you for any other claim or relief requested In these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE 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) 249-31 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVISION MICHAEL W. SHEIBLEY, Plaintiff, : NO. CV-2003-659 vs. HEIDI SHEIBLEY, Defendant. : IN DIVORCE COUNTERCLAIM TO COMPLAINT IN DIVORCE 1. Defendant is HEIDI SHEIBLEY, an adult individual residing at RR#2, Box 624, Herndon, Northumberland County, Pennsylvania. 2. Plaintiff is MICHAEL W. SHEIBLEY, an adult individual residing at 614 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania. COUNT I EQUITABLE DISTRIBUTION 3. The averments of Paragraphs 1 through 2 are incorporated herein by reference and made a part hereof. 4. The parties hereto own real estate and personal property, some of which is owned as tenants-by-the-entireties, and other property of which is owned in their individual names. WHEREFORE, the Court is requested to determine and dispose of the parties' respective property rights and interests as above set forth. COUNT II ALIMONY 5. The averments of Paragraphs 1 through 4 are incorporated herein by reference and made a part hereof. 6. Defendant lacks sufficient property and is unable to support herself through appropriate employment. 7. Plaintiff is able to pay alimony to provide the Defendant's reasonable needs. 8. Pursuant to Sections 301, 501 and 502 of the Divorce Code, the Court is requested to award Defendant alimony and alimony pen dente lite. WHEREFORE, the Defendant requests the court to award her alimony and alimony pen dente lite. COUNT III COUNSEL FEES, EXPENSES AND COSTS 9. The averments of Paragraphs 1 through 8 are incorporated herein by reference and made a part hereof. 10. Defendant requests the Honorable Court to award her counsel fees, expenses and costs pursuant to Sections 301 and 501 of the Divorce Code. WHEREFORE, the Defendant requests the Court to award her counsel fees, expenses and costs. . ichetti, Jr., Esquire Dluge Michetti 921 arket Street Trevorton, PA 17881 (570) 797-8651 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated: 7/1 '-f I 03 7J (.) ~ tl t 0- 0 r""', () c:: ~) "II 0 ~. .- C lit" - nlr ~ -- ~--q C> C> th , -< .. ()J 6v r- '-r-J - :.:::: >v ~ 2'; ( ~ ~;~-' - ....0 -..() .. ....., C- --:, (,a ~. r' ~ MICHAEL W. SHEIBLEY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE HEIDI SHEIBLEY, Defendant/Petitioner NO. 2003-659 CIVIL TERM IN DIVORCE Pacses# 740105646 ORDER OF COURT AND NOW, this 29th day of July, 2003, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,072.87 and Respondent's monthly net income/earning capacity is $2,321,36, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $525,00 per month payable monthly as follows; $500,00 for alimony pendente lite and $25,00 on arrears, First payment due on or before the 15th day of each month commencing in August 2003, Arrears set at $500,00 as of July 29, 2003, The effective date of the order is July 17,2003, 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,g 3703, Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Heidi Sheibley. 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, PA 17106-9110 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. {L3t..O 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, Petitioner to provide medical insurance coverage, Within thirty (30) days after the entry of this order, the Petitioner shall submit wlitten proof that medical insurance coverage has been obtained or that application for coverage has belm 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 coverage; 4) the address to which claims should be made; 5) a descliption of any restrictions on usage, such as plior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a descliption of all deductibles and co-payments; and 8) five copies of any claim forms, This Order shall become final ten days after the mailing ofthe notice of the entry of the Order to the parties unless either party files a wlitten demand with the Prothonotary for a hearing de novo before the Court, ORO: R. J. Shadday Mailed copies on 8-13-03 to: < BY THE COURT, Petitioner Respondent Joseph Michetti, Esquire Michael Scherer, Esquire Qu~~ Edgar B. Bayley , J. (") ""D f~ li1F <:-; <"" (fj ~ ;:::;.~, :<:::- " :!;:(- <( >C'. <: :::;J , :;;1' !'~lr1' \2- (J -- " e_' C::,_, ~ ,;/5 ',,' "n "'-' C...:' , ""j , 1 'c) ~.. :+1 :cs ~'5 rr'l --~;'I :u -<:: ~:) ~ :1) (7\ vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-659 CIVIL TERM MICHAEL W, SHEISLEY, plaintiff Defendant CIVIL ACTION-U\,W IN DIVORCE HEIDI SHEIBLEY, AND NOW, c mes Michael A, Scherer, Esquire of O'BRIEN, BARIC & MOTION TO WITHDRAW SCHERER, attorne of record for Plaintiff, Michael W, Sheibley and sets forth the following: I 1. Micha+1 A. Scherer, Esquire is the attorney of record in the above captioned matter fO~ Plaintiff, Michael W, Sheibley, 2, Plaintit has failed and refused to pay for services rendered by counsel for Plaintiff despite reP1ated demands for payment WHEREFORf' Michael A. Scherer, Esquire requests that this Court permit him and his firm to with+aw from representing Michael W, Sheibley in this matter. i i Respectfully submitted, , O'BRIEN, BARIC & SCHERER ~~ 'Michael A Scherer, Esquire LD,61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/shei ley/withdraw. mot CERTIFICATE OF SERVICE I hereby certifY that on November , 2003, I, Jennifer S, Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Motion To Withdraw, by first class U,S. mail, postage prepaid, to the parties listed below, as follows: i i Michael W. Sheibley , 614 Apple Drive Mechanicsburg, Pennsylvania 17055 Joseph C, Michetti, Jr., Esquire Dluge & Michetti 921 Market Street Trevorton, Pennsylvania 17881 (') 0 ~ ~ <.>:J Z --, "nO) r..:> ?~fD ~g' ~ z:.;: I -'l;)l-q W : ,~~ f...,.. en-- ~?t:> ~. C! \.-- '< :>> ~:5:H :P.:c :x ze, 'f: 25M ~C: ...~ z ~ :;! ..... -< MICHAEL W, SHEIBLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-659 CIVIL TERM HEIDI SHEIBLEY, Defendant CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this 4 day of ~ G> \I . _'~oo~~ f;oifc:jderation of the within Motion To Withdraw, a Rule is hereby issued upon\~efendant to show cause II. why the relief requested should not be granted, RULE RETUIRNABLE within ---1Q days of service, Service shall be made by first class mail and shall be deemed complete upon mailing, BYTHE COURT, :., .' ; " ..., VlN\f^"VBNN3d }J.NnC'~ 0:,'\n~E.8if'lm SS:2 Hd S- I\ON SO }.,UW10,..l,..:. J"c..- :iC, j'O 01,'. 1".._...,1.,..../-..,.-. ...1' ~,- 38i:J~C"Cij lH II vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-659 CIVIL TERM MICHAEL W, SHEIBLEY, Plaintiff Defendant CIVIL ACTION-LAW IN DIVORCE HEIDI SHEIBLEY, MOTION TO MAKE RULE ABSOLUTE NOW, comes Michael A Scherer, Esquire, Attorney for Plaintiff, Michael W. Sheibley, and files the within Motion to Make Rule Absolute and, in support thereof, set forth the following: 1. On November 3,2003, Michael A Scherer, Esquire filed a Motion To Withdraw in the above matter. A true and correct copy of the Motion is attached hereto as Exhibit "N and is incorporated, 2, This Court, J. Wesley Oler, Jr., J" issued a rule to show cause why the Motion should not be granted dated November 5, 2003, The rule was returnable ten (10) days from service, A true and correct copy of the rule is attached hereto as Exhibit "B" and is incorporated, 3. On November 10, 2003, the Rule was served on the Plaintiff and Joseph Michetti, Esquire, Attorney for the Defendant 4. To the date hereof, no response has been filed by the Plaintiff or Defendant to the rule to show cause, II WHEREFORE, Michael A. Scherer, Esquire request that the rule be made absolute and this Court issue an order directing that he be allowed to withdraw as counsel in tnis matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~,~er, Esquire 1.0. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Michael W. Sheibley mas.dir/domestic/sheibley/absolute.mot vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-659 CIVIL TERM MICHAEL W, SHEIBLEY, Plaintiff Defendant CIVIL ACTION-LAW IN DIVORCE HEIDI SHEIBLEY, ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the within Motion To Withdraw, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted, RULE RETURNABLE within days of service, Service shall be made by first class mail and shall be deemed complete .upon mailing. BY THE COURT, J, EXHIBIT "A" ,,~,'~ -, "","~;"''' ". ".~- .,>, MICHAEL W, SHEIBLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-659 CIVIL TERM () c: ? -:j:~':'~ 22:":- /: (.I) ...c r::. i ~ AND NOW, comes Michael A. Scherer, Esquire of O'BRIEN, BARIC$<; s:: 5(~ ..':) SCHERER, attorneys of record for Plaintiff, Michael W, Sheibley and sets fortli the.: --~ ....J Defendant CIVIL ACTION-LAW IN DIVORCE o c...;. ;>': .:":") ':: o -'1 HEIDI SHEIBLEY, MOTION TO WITHDRAW C_) --' ,'.~, ; , ~ ~2 ..., following: 1, Michael A. Scherer, Esquire is the attorney of record in the above captioned matter for Plaintiff, Michael W. Sheibley, 2, Plaintiff has failed and refused to pay for services rendered by counsel for Plaintiff despite repeated demands for payment WHEREFORE, Michael A. Scherer, Esquire requests that this Court permit him and his firm to withdraw from representing Michael W. Sheibley in this matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire LD,61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestlc/sheibley/withdraw.mot vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-659 CIVIL TERM MICHAEL W. SHEIBLEY, Plaintiff Defendant CIVIL ACTION-LAW IN DIVORCE HEIDI SHEIBLEY, ORDER OF COURT AND NOW, this 5th day of Dov'. , 2003, upon consideration of Pl.a.inh Ff o..nd the within Motion To Withdraw, a Rule is hereby issued upon befendant to show cause .1\ why the relief requested should not be granted, RULE RETURNABLE within --.l.CL days of service, Service shall be made by first class mail and shall be deemed complete upon mailing, BYTHE COURT, JSjj.4VL,jr< EXHIBIT "B" T~UE COpy FROM RECORD In Tllt/mony whereoF, I here unto set my hand tnd t seal of said Curt Carlisle, Pa. Th/ ......5....... cI '. .O,Y-:,,::. ..p..:;\ , Pro! anota", ~ II I' CERTIFICATE OF SERVICE I hereby certify that on November 6l,O ,2003, I, Jennifer S, Lindsay, secretary to Michael A Scherer, Esquire, did serve a copy of the Motion To Make Rule Absolute, by first class U,S. mail, postage prepaid, to the parties listed below, as follows: Michael W. Sheibley 614 Apple Drive Mechanicsburg, Pennsylvania 17055 Joseph C. Michetti, Jr., Esquire Dluge & Michetti 921 Market Street Trevorton, Pennsylvania 17881 4 - r~' t~~~ g 0 0 (.. "'1 ;:z: .. ~m <C;:' .:/:i;!J ~. -- f" r'<) "'fli )>.,. 0> '0 ;Se'~ r'Ol .l. it :h :;J~f :::i.:: ::;:;.:-tJ :~('). c:? '."-IT} '_J '-i "" .1>' r.; ~ -.;; MICHAEL W, SHEIBLEY, Plaintiff vs, HEIDI SHEIBLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 2003-659 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER AND NOW, this ~ day of ::V' t.. . , 2003, upon consideration of the Motion to Make Rule Absolute, Michael A. Scherer, Esquire is permitted to withdraw as counsel for the Plaintiff, Michael W, Sheibley in the above- captioned matter. I'~ L--\' \~ ~.:c0 \ ').,0:,; 'V\~^(]l*~~~Vino JJNnu.-'. '. c'n r'"'i.'iJ-,..... 91:!I\I~ ..-~~ " ciO IL'I.'ln",'i"'''''"",, N;:J v '-~;<~!^{>-" ,,:;j ..Jd". ~~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania CoJCity/Dist. of CUMBERLAND Date of Order/Notice 12/09/03 Tribunal/Case Number (See Addendum for case summary) RE: SHEIBLEY, MICHAEL W. Employee/Obligor's Name (last, First, MI) @Original Order/Notice o Amended Order/Notice o Terminate Order/Notice EmployerNv'ithholder's Federal EIN Number ))1-/ f2n?lS9 (ff{/L /1-JCi<;{ c: .;., tj C / co 5'& YZ 191-40-8745 Employee/Obligor's Social Security Number 9480101123 Employee/Obligor's Case Identifier (See Addendum for plaintiH names associated with cases on attachment) Custodial Parent's Name (last, First, MI) ERIE INSURANCE GROUP PO BOX 2013 MECHANICSBURG PA 17055-0710 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'sfobligor's income until further notice even if the Order/Notice is not issued by your State, $ 500.00 per month in current support $ 25. 00 per month in past-due support Arrears 12 weeks or greater? (29yes 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 $ 525.00 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: $ 121.15 per weekly pay period. $ 242.31 per biweekly pay period (every two weeks), $ 262.50 per semimonthly pay period (twice a month), $ 525.00 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 paydateldate 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'sf 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, 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. ,_ _ c- _ '~ .,__iJit.\~Jih E OURT: ~ \:leL - ' --.. \ ~ Date of Order: ll' - - V' CAVj E u(P~ 13 13/7 Vd"l ./ /Obc Form EN-028 Service Type M OM' No., 09'0<1154 Worker I D $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o I((hecked you are required. to prpvi{le a ~opy of this form to your. employee. If your employee 'Yorks in.. state that is dltterent 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 01 the single payment that is attributable to each employee/obligor. 4,' Reporting the raydat0Dat~ at Withh,>iding, Yo" must report the paydateJdat~ at withholding when '~nding the -paym~nt. Th~ paydateJdate 01 withholding is the date on which amount was withheld Imm the employ"Cc'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. 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: 2484100095 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: SHEIBLEY, MICHAEL W. 9480101123 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)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. 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: QOMESTIC RELA liONS 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.childsupportstate.pa.us Page 2 of 2 Form EN-028 Worker ID $OINC Service Type M OMS No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEIBLEY, MICHAEL W. PACSES Case Number 740105646 Plaintiff Name HEIDI SHEIBLEY Docket Attachment Amount 03~CIVIL $ 525,00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o If checked, you are required to enroll the chi/d(ren) identified above in any health insurance coverage available through the employee's1obligor's employment. Oif checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the empioyee's1obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0,00 Chi/d(ren)'s Name(s): DOB Docket Attachment Amount $ 0,00 Chi/d(ren)'s Name(s): DOB o If checked, you are required to enroll the chi/d(ren) identified above in any health insurance coverage avai/able through the employee'slobligor's employment. o if checked, you are required to enroll the child(ren) identified above in any health insurance coverage avaiiable 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 i5;;~~;~~:,~~~~;~:~i~;~~~;~il;~:~~il~(~~;} identified above in any health insurance coverage available through the employee's1obligor's employment. o If checked, you are required to enroll the chiid(ren) identified above in any health insurance coverage available through the employee's1obligor's employment. Addendum Form EN-028 Worker ID $OINC Service Type M OMB No.: 097Q.0154 o ~;: -U(,. p',. ;~ "'.:_- (,? G?; ~~.. 5;~ \"'1 r n r, .Ti C-,,) c- 10 ) --;: HEIDI SHEIBLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-659 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MICHAEL W. SHEIBLEY, Plaintiff vs, PRAECIPE FOR WITHDRAWAL OF COUNSEL TO THE PROTHONOTARY: Please note my withdrawal as counsel for Michael W, Sheibley, the Plaintiff in the above matter pursuant to the Order of Court dated December 4, 2003. Dated: 1211t1.!)~ ~# fJh, Michael A, Scherer, Esquire LD, # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ',1 I CERTIFICATE OF SERVICE, I hereby certify that on December L, 2003, I, Jennifer S, Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Praecipe To Withdraw, by first class U,S. mail, postage prepaid, to the parties listed below, as follows: Michael W. Sheibley 614 Apple Drive Mechanicsburg, Pennsylvania 17055 Joseph C, Michetti, Jr., Esquire Dluge & Michetti 921 Market Street Trevorton, Pennsylvania 17881 ~. nni ,Ws~ . - . .. C) ~ r- !?, ""n/~ ~ ,"" , R ~::o -:..;:...... c-, C/'; - =-ejR i-~' - co ,..,7'" '. OJ .1:'h 'J!--r -- -:- <;y.:rj -- ;~:: - >..'C) ~) c5:"'r, -., ..-{ -<.' reV .k"- -.... ,,-, "'. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HEIDI SHEIBLEY ) Docket Number 03-659 CIVIL Plaintiff ) VS, ) PACSES Case Number 740105646 MICHAEL W, SHEIBLEY ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of MICHAEL W. SHEIBLEY respectfully represents that on JULY 29, 2003 , an Order of Court was entered for Alirrony Pendente Lite for HEIDI SHEIBLEY A true and correct copy of the order is attached to this petition, Service Type M Form OM-50l Worker ID 21005 SHEIBLEY v, SHEIBLEY PACSES Case Number: 740105646 2, Petitioner is entitled to 0 increase 0 decrease <i) termination 0 reinstatement o other of this Order because of the following material and substantial change(s) in circumstance: 1?e~-h~ I M.W. ~18L't~. ~ ~,D hJvL. U~N {)/VllAb.k -/.e; ptr!!eV'M wmk.-, U1 ~'~ fb, ~14.+I-eS :8v '.1 1"'. w~J .<":y"~J~ ~~ .w~ a.. p-e"-1f>0'\ ~ . "J &1)~ ~ . ~ cRrUi-" a{{:.~e~eZ ~ k &.,L-tll . +v ~(l.YYl JhW'W'..L- 0 ?HYVt 'IS 'Yldv~d w! .f4IS fv<- ~6l1 (f1 ~ ~"'VVI "r VVteI-. r;:kkW\.o:d~) .~ p~"l~{"] SUbM/tkJF=~t WHEREFORE, Petitioner requests that the Court modij'Y the existing order fOrAPL. ra-kW'l Attorney for Petitioner ~~ I I u.-st. +L .-.!- +-0 ,', , fvc.j\)~k "v.4\^MI~~k tlYl~ ./-- t?!l CilJYVioYli r;u-V\~+-e .IJ~ . I~ \ yVlf-) <:41''olVj R/VId -K...rJ-- kJYVl~v'~~~Y' p~~~+~ ~ ( k& , 6[\J rkV10'/( rC{~vy,..t."'-ij. h€, ~(;-'r1-ee1 -fv 'l'rt,t0S" \ ~ I venfy that the statements made in this complaint are tme and c rrect. I understand that false statements herein are made subject to the penalties of l8 Pa, .S. ~ 4904 relating to unsworn falsification to authorities, dO ~4- Date Service Type M Page 2 of2 Form OM-50l Worker 1D 21005 HARTMAN REHABILlT A nON ASSOCIATES Stuart A. Hartman, DO LEbANON OfficE r-JHARRisbuRG OffiCE 4th & Willow Streets, 3rd FJ ~, Polyclinic-Landis, 3rd FI PO Box 1282 250 I North 3rd Street Lebanon. P A 17046 Harrisburg,P A 17110 717-272-1050 717-782-2148 717-272-1740 FAX 717-782-2155 FAX N.m. ~fk11z Da"//-,~/' Diagnosis: Cr ~ ?7C ~ Precautions or Special Instructions: Prescription: ~~ /rI frL ~- /",,~~:::r~, ~ gYtuart A. Hartman, DO .-------.- .----...- () ,.... ~ 'iJCD niCn L-;"":L' Zt,,- U:.d::,:: ~(j ~,C) ---0 :Pc: Z =z ~ ~ .r <- ~~:''''. <--> . c:> -0 :;!: <.:? (.0.) \.Q 9. ~ In the Court of Common Pleas of CUMBERLAND County, Pennsybrania DOMESTIC RELATIONS SECTION HEIDI SHEIBLEY ) Docket Number 03-659 CIVIL Plaintiff ) VS, ) PACSES Case Number 740105646 MICHAEL W, SHEIBLEY ) Defendant ) Other State ID Number ORDER OF COURT Legal proceedings have been brought against you alleging you have wilfully disobeyed an Order of Court. 1, If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the Court your defenses or objections, 2. You, MICHAEL W. SHEIBLEY , Respondent, must appear in person in court on COURT ROOM 2 MAY 17, 2004 ,at 9:00AM ,Ill CUMBERLAND CO COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA. 17013 IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITIED TO JAIL. 3, If the Court finds that you have wilfully failed to comply with its order you may be found to be in contempt of court and committed to jail, fined, or both. Service Type M Form EN-528 WorkerID 21600 SHEIBLEY v, SHEIBLEY PACSES Case Number: 740105646 YOU SHOULD TAKE TIDS 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 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 muslt attend the scheduled hearing, BY THE COURT: Date of Order: MAR 2 9 200+ , JUDGE Page 2 of2 Form EN-528 Worker II) 21600 Service Type M ,- r"-_ q "-' 0 = "" -rl ....,. ""'" ::::l r' X :J.~ -n f" :r..'" 1-'1- :;0 , ,- -Orn W :U6 0 0 Z:. _.C''f. ...", :1=-n /"~ ::t:: ~.,.~("S "'i ( t5ff'l (~= ':? ;-__1 ~ :.lJ -<. 0'\ ~~ .:c, r-j n ;~.::': C'! In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HEIDI SHEIBLEY ) Docket Number 03-659 CIVIL Plaintiff ) Ys. ) PACSES Case Number 740105646 MICHAEL W. SHEIBLEY ) Defendant ) Other State ID Number PETITION FOR CONTEMPT - DEFENDANT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1, Petitioner is CUMBERLAND County Domestic Relations Section, 2. Defendant is MICHAEL W. SHEIBLEY who resides at 614 APPLE DR, MECHANICSBURG, PA, 17055-3471-14 3. On JULY 29, 2003 an order of support was entered by the Honorable Court directing Defendant to pay the sum of $ 525.00 his/her dependent( s), 4. Defendant has failed to comply with the order as entered by the Court by failing to: per month for the support of Iil pay as ordered. o provide information which was ordered. o appear as ordered. Iil other: Failure to provide medical or other appropriate excuse for unemployment. Last payment was 12/16/03. 5. The arrearages under the Order amount to $ 3,075.00 as of MARCH 29, 2004 WHEREFORE, Petitioner prays that the Court issue an order directing the altendance of Defendant at a hearing of said Petition and hereafter to make an adjudication of contempt. I verify that the statements made in this Petition are true and correct to the best of my knowledge, I understand that false statements herein are made to the penalties of 18 Pa, C.S, ~ 4904 relating to unsworn falsification to authorities, NAIl 29 211II1 , J ,JiL 1- ;:JLLl..[.~ /, .oil - Date Signature "'~ Fonn EN-DO? Service Type M Worker ID 2160 0 (") c- ..,.,;; a~~}c:f L_ C/i ~~L. ~.~.~ 2"': =2 ,,~ (", t::: ,M',; ...., = = ~- ~ ~~ m~ ,- 136m o -I :1::'"' (J..D --'70 C5rn :::~ :0 -< ::;c: _._t~ = L) <::) -0 w 0"> th~u J;, .ex/sJ,"j- f"~h&' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HEIDI SHEIBLEY ) Docket Number 03-659 CIVIL Plaintiff ) VS, ) PACSES Case Number 740105646 MICHAEL W, SHEIBLEY ) Defendant ) Other State ID Number AMENDED PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of MICHAEL W. SHEIBLEY respectfully represents that on JULY 29, 2003 , an Order of Court was entered for the Alinony Pendente Lite HEIDI SHEIBLEY A true and correct copy of the order is attached to this petition. Service Type M Form OM-50l Worker ID 21005 - . SHEIBLEY v. SHEIBLEY PACSES Case Number: 740105646 2, Petitioner is entitled to 0 increase 0 decrease iZ\termination 0 reinstatement 'IiQ other of this Order because of the following material and substantial change(s) in circumstance: (j) NCh<f M. M;.~U4-' V i,rJf r,k~ WHEREFORE, Petitioner requests that the Court modify the existing order for Alimoney Pendente Lite Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa, C.S, ~ 4904 relating to unsworn falsification to authorities. ) / ../' b~~r4 -'" Service Type M Page 2 of2 Form OM.50! Worker ID 21005 r--' ,- , ..;.;._ "il , :',.~ , ' (;.\ ...J Ih~ht~ J.o ex',sJ'nj- f~~-h~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HEIDI SHEIBLEY ) Docket Number 03-659 CIVIL Plaintiff ) VS, ) PACSES Case Number 740105646 MICHAEL W. SHEIBLEY ) Defendant ) Other State lD Number AMENDED PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of MICHAEL W. SHEIBLEY respectfully represents that on JULY 29. 2003 , an Order of Court was entered for the Al:im::>ny Pendente Lite HEIDI SHEIBLEY A true and correct copy of the order is attached to this petition. Service Type M Form OM-50 I Worker lD 21005 SHEIBLEY v, SHEIBLEY PACSES Case Number: 740105646 2. Petitioner is entitled to 0 increase 0 decrease )Z\termination 0 reinstatement l.Q other of this Order because of the following materiial and substantial change(s) in circumstance: w {If{!"tf M-- ~~~ 15 t,rJ-f r,k~ WHEREFORE, Petitioner requests that the Court modify the existing order for Alimoney Pendente Lite Petitioner Attorney for Petitioner I verify that the statements made in this complaint ar<e true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa, C.S, ~ 4904 relating to unsworn falsification to authorities. 1 , / , / 4 --- Page 2 of2 Form OM-50! Worker ID 21005 Service Type M ~ ~ . '.."" 0 ~-> 0 C" c___ = -n -?: ..,.. ~ =1j ~-~ hi -:-1 p -om cO> -~!S CI -;I ':);.:'< ,--. C') ~ U1 -.J f-' ,'-'. r-~ r~::?: C! In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HEIDI SHEIBLEY ) Docket Nwnber 03-659 CIVIL Plaintiff ) vs. ) PACSES Case Nwnber 740105646 MICHAEL W. SHEIBLEY ) Defendant ) Other State ID Nwnber AND NOW to wit, this Order -J D that: MAY 17, 2004 THAT THE DEFENDANT BE RELEASED FROM THE CUMBERLAND COUNTY PRISON PURSUANT TO PURGE OF $2,500.00 BEING PAID. BY THE COURT: ~~ "JUDGE Service Type M Fonn OE-520 Worker ID 21005 1 0 r-> 0 l,,--:;:? s~ = -n -"- < .-, (':,:i :~~" ::C-r1 , ;-;'{> p'p" -/ -<. -ern J. :l]~; (f) ..0 ~;C) G , ~~J?-;l <':" -c> ,-',' , ., C , ," tf? ..-j ?.; ......",. ~~ N ~iJ 0'" ~< ~':::. ::.~ t'li"!.~::,-'':J " HEIDI SHEIBLEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICHAEL W. SHEIBLEY, Defendant 03-659 CIVIL APL (740105646) ORDER OF COURT AND NOW, this 17th day of May, 2004, I adjudicate defendant in contempt. Sentence is that you undergo imprisonment in the Cumberland County Prison for a period of six months. You may purge yourself of contempt by making a $2,500.00 payment on account of the order. Defendant is to stand committed. urt, ~'1~ Bayley, J. ' Edgar B. Derek R. Clepper, Esquire Special Counsel for D.R.O. CCP 0.5 - /9 -0'1 v'ohn M. Glace, Esquire .., For Defendant ,/ Sheriff prs ~af'd Oe-\ ,'-.J€.JCl \ Du--e-~ cPP--L1. :~~\JnJ S \ :5 'A\! 61 AVH flOal ,\'c>j1:~;;+,'JH,LG~d 3Hl :30 :;:)u:I.o-O:r1ld In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Plaintiff ) Docket Number ) ) ) ) 03-659 CIVIL HEIDI SHEIBLEY PACSES Case Number 740105646 vs. AND NOW, this o o ":, ~; ~ s;: -' (/1 "" -< ORDER _ PARTICIPATE IN WORK RELEASE PROG~'g N :::::"J" ~(-7'1""T1 lJ ~jro :~r1 .--1,:"':1 .. it is Ordered~ DecFeed that <J> ...J shall be eligible to participate in the Work Other State lD Number , 1 ~ = = = MICHAEL W. SHEIBLEY Defendant 21ST DAY OF MAY, 2004 MICHAEL W. SHEIBLEY Release Program sponsored by the CUMBERLAND County Prison immediately whenever a slot and job within that program is available and it is approved by the Domestic Relations Section. No further Order of Court shall be necessary for this participation, In the event that the Defendant obtains employment through the Work Release Program, the Court hereby issues an income attachment against the Defendant's earnings, From the salary obtained, the deductions shall be for basic prison expenses and normal expenses associated with Defendant's employment, with the remainder being credited toward support obligations and a resolution of the Contempt Petition, All rules and regulations of the Work Release Program and the Prison shall apply. 'UlV C) , ~)f!\ """ ~,.;_ J.. .. _ ,J Date Form EN-022 Worker lD 21101 Service Type M ,. ,. \ '. " t \ l ...,..;.- o c ;:;:'~ ;;~; f'I~ ~~~' /j;. r "c: ~F:' ?e: ""';.? ~ -< _' C' .':"t r., P.',,::;, ,,:! "'" = = .r- 3: '"'" -< N 0'\ ..", ::;;; <.:t ~ o " :r rnI! "Fn :00 01 ;:;:JO _.w. -r, 0-" 70 cSrn :;-; 53 -< MICHAEL W. SHEIBLEY, PlaintifflRespondentIPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE U59 NO. 20034 CIVIL TERM IN DIVORCE HEIDI SHEIBLEY, DefendantlPetitioner/Respondent Pacses# 7401056416 ORDER OF COURT AND NOW, this 3'. day ofJune, 2004, a petition has heen filed against you, Heidi Sheibley, to terminate an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, \3 North Hanover Street, Carlisle, Pennsylvania, on lune 30. 2004 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Copies mailed to:< Petitioner Respondent Joseph Michetti, Esquire John Glace, Esquire Date of Order: June 3. 2004 1l~ . "'R. J.~ adday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA ] 70] 3 (717) 249-3166 3~~:.~~~; (5 ~~Ji 5) ~r;.;!~; -"i -.,- :::;: .;t:- ~ "'" ....- c.... f;' ""...~ , C.v C) f/ ::-r-:1 nif~ri ::;;!fr] ,"_Ie ~;i$S ;)~7:U :~f;? 0? -< $ ....;;;,: ~-:j .c- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/30/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice ERIE INSURANCE GROUP PO BOX 2013 MECHANICSBURG PA 17055-0710 pH ua'3 &Stf ,a j/ jJflCC;{S '7YD/OS{r '/c.- RE: SHEIBLEY, MICHAEL W. Employee/Obligor's Name (Last, First, MI) 191-40-8745 Employee/Obligor's Social Security Number 9480101123 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (last, First, Mil EmployerM'ithholder's Federal EIN Number See Addendum for dependent names and birth dates associat.!C/ with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania, By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 261,00 per month in current support $ 39.00 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 $ 300.00 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: $ 69.23 per weekly pay period, $ 138.46 per biweekly pay period (every two weeks), $ 150.00 per semimonthly pay period (twice a month), $ 300.00 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 S5% of the employee's/ obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See #1 0 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 SCOU Send check to: Pennsylvania SCOU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER tD (shown above as the Employee/Ob/igor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. . ,.." "",,,,, 1"":"'<', - 'if:'I'., u:rsL' cLt"T,~THEC 1: '7 / () '-- EOt'c 4k' I. Date of Order:,'ij l ' 1 200r ~ Service Type M OMB No.: 0970-0154 Form EN-028 Worker I D $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If ~hecked you are required to prpvi(ie a copy of this form to your. employee. If your 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 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. * RepOlting t1" r.,d.ote/Date of W;lI,l,oldilog. You ",u,t ,"pOlt t1,e pa,d.oc:date of ..itl ,1,,,ldi, ,g ..I ,elo .-"d;"g 1I,e pa,n,el ,t. TI,( payda~;'dAK of nitl,lrold;"g;,3 tI,C date 011 nL;d, alllouht nas vv;tl,l,eld ftOltl the e,"pJOyc:~e'5 vvages. You must comply with the law of the state of the employee's1obligor'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 beiow) 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: 2484100095 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: SHEIBLEY, MICHAEL W. 94B0101123 DATE OF SEP'ARATION: 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 empioyment. 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 taxesi 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 (l1.ll240-624R or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker I D $OINC Service Type M OMS No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEIBLEY, MICHAEL W, PACSES Case Number 740105646 Plaintiff Name HEIDI SHEIBLEY Docket Attachment Amount 03-659 CIVIL $ 300.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff NamE~ DOB 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 through the employee's/obligor's employment. 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 PACSES Case Number Plaintiff Nam'~ Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB 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. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Docket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Naml~ Docket Attach ment Amou nt $ 0,00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name you are required to enroll the child(ren) in any health insurance coverage available employee's1obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form E N-028 Worker ID $OINC Service Type M OMB No.: 0970-0154 (..h.) ..:~ ,_, '.:: .2t f'! f"'~ e C_~ ,...., c:::;:) c;:> ~- '-- c:: i-~ o -n ~~-, inr-=~: rn l? (,-; .:...!.~ r"',) 0"\ MICHAEL W. SHEIBLEY, PlaintifflRespondent/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE HEIDI SHEIBLEY, Defendant/Petitioner/Respondent NO. 2003-659 CIVIL TERM IN DIVORCE Pacses# 740105646 ORDER OF COURT AND NOW, this 30th day of June, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,072,87 and Respondent's monthly net income/earning capacity is $2,321.36, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $300,00 per month payable monthly as follows; $261,00 for alimony pendente lite and $39,00 on arrears, First payment due on or before July 5, 2004 and thereafter on or before the 5th day of the month, Arrears set at $850,68 as of June 30, 2004. The effective date of the order is December 30, 2004, Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all ofthe means as provided by 23 Pa,C.S.g 3703, Further, ifthe Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a p,eriod not to exceed six months. Said money to be turned over by the P A SCDU to: Heidi Sheibley, 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: P A SCDU P,O, Box 69110 Harrisburg, P A 17l 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 Neither party to provide medical insurance coverage This Order shall become final ten days after the mailing ofthe notlice 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. ORO: R. J. Shadday Mailed copies on 7-1-04 to: < BY THE COURT, Petitioner Re...pondent John Glace, Esquire Q:7J1~ Edgar B. Bayley ], :":"r !:'!. ;~: I~:~ . 'i 9 0--> C"? C;:) .L- C._ ( ~'~ .'." o ~n --I :r::-p n1f'-~ ;-Tl (-~; I C) :T: j"1 ~ ,'-n (,;) ('..:> C^' ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/26/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice J># //j(jbE5 RE: SHEIBLEY, MICHAEL W, Employee/Obligor's Name (Last, First, MI) 191-40-8745 Employee/Obligor's Social Security Number 9480101123 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) EmployerlWithholder's Federal EIN Number ERIE INSURANCE GROUP PO BOX 2013 MECHANICSBURG PA 17055-0710 ~/).3-~ C'lPIl. 7~/~YtP See Addendum for dependent names and birth dates associa'ted with cases on attachment. ORDER INFORMA TION: 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, $ 261.00 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 medical support $ 0,00 per month for genetic test costs $ per month in other (specify) for a total of $ 261.00 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: $ 60.23 per weekly pay period, $ 120.46 per biweekly pay period (every two weeks). $ 130.50 per semimonthly pay period (twice a month), $ 261.00 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 paydat,,/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 SCOU Send check to: Pennsylvania SCOU, 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. :e::::D:~:Y~: .'~~~~m~" t;ixPl"/,(2. 1:3 . te Form E N-028 Worker 10 $OINC Service Type M OMS No.: 0970-0154 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, 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 em ployee/ob I igor, 4,' Rep<lltil1g d,e Pa,datena., of Withholdilog. Y"'J '"u,t "po,t d,e pa,daleida", of ..ill ,I ,,,,Idi, ,g ..I ,elo ,e' ,d;"g d,e pa""e, ,t. TI,e ~a,d.l..,.dolc of ..ill.l,oldilog i, tl.e dol. on ..I,id, a'"ou"t.... ..itl.l,eld f,o,,, d,e e",~I"".,,'; ..age,. You must comply with the law of the state of the employee's/obligor's principal place of empioyment 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 th is Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2484100095 EMPLOYEE'S/OBlIGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: SHEIBLEY, MICHAEL W. 9480101123 DATE OF SI'PARATION: 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 10 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 Stale, 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 Ihe 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 taxeSi Social Security taxes; and Medicare taxes-. 11. Additional Info: * NOTE: If you or your agenl are served wilh a copy of Ihis order in the state that issued the order, you are to follow the law of Ihe slate that issued this order with respect 10 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 queslions, contacl WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX al LZlZ' 240-6248 or by internel www.childsupport.slate.pa.us Service Type M Page 2 of 2 Form EN-028 Worker ID $OINC OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEIBLEY, MICHAEL W. PACSES Case Number 740105646 Plaintiff Name HEIDI SHEIBLEY Docket Attachment Amount 03-659 CIVIL $ 261. 00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name DOB 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 through the employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available 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 you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available 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 you are required to enroll the child(ren) in any health insurance coverage available employee's1obligor's employment. you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Addendum Form E N-028 Worker ID $OINC Service Type M OMS No.: 0970-0154 ,if. r'!,t"!, !,~ '::j 2 :sa: r""RiJ~ :<[J} ,:::>"Jt ;,;;:.:f" "-".J t.. 0:'~":' ~~'l:':' 3f:c'- s;; (,- C~,j !J ~ "'..:, ..- ~ ,S; ru " Ii? ~ (., " (.) ~ -, y nj;:J:] t-' }J0"1 i..-:,'~) "",0 ,"*'::rj "':,!-- C"5f;f -:-I -?i -.;- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsvlvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/10/04 Tribunal/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice ERIE INSURANCE GROUP PO BOX 2013 MECHANICSBURG PA 17055-0710 RE: SHEIBLEY, MICHAEL W, Employee/Obligor's Name (Last, First, MI) 191-40-8745 Employee/Obligor's Social Security Number 9480101123 Employee/Obligor's Case Identifier / I J (See Addendum for plaintiff names ) , ,)rJP 3 - IRS"? C'v associated with cases on attachment) jJfki ~ ~ ), 7 tin I () 52~ y& Custodial Parent's Name (Last, First, Mil EmployerJWithholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an orderfor support from CUMBERLAND County, Commonwealth of Pennsylvania, 13y 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, $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes 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 $ 0.00 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 muoch to withhold: $ 0.00 per weekly pay period. $ 0 . 00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month), $ 0 . 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/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. Date of Order: AUG 1 1 200~ Service Type M OMS No.: 097O-Q154 Form E N-028 Worker I D $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHlER WITHHOLDERS o If ~hecked you are required to prpvide a copy of this form to your employee. Ifyo~remployee 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 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.* :~~~~'~ ~t~~~:' ofWitl,I,,,ld;,,g, y<," m"!t :~p~:~;~ e~~~:;~:~ :::;~~~: ,old;"g ..\.<" ""di"g t1,c "."",,,t. TI" P'y t .. II, ',' tl,c ddtC 0" ..I,lci, .",0""t.... ..;t1,I,<Id r,o,,, t1,c ""ploye,," ..ages. You must comply with the law ofthe state of the employee's/obligor'S principai 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 Withhoid 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 ID: 2484100095 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: SHEIBLEY. MICHAEL W. 9480101123 DATE OF SEf'ARATlON: 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-<liscrimination: 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 Stilte 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.5.c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee's/obllgor'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 taxe5. 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, If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone ilt (7171 240-6225 or by FAX at [Zj 71 240-6248 or by internet www.childsuppOrl.state.pa.us Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P,O, BOX 320 CARLISLE PA 17013 Page 2 of 2 Form EN-028 Worker ID $OINC Service Type M OMB No.: 0970-0154 .::.~, C" a !"-1 r-! e ""f (J1 en '" ("':,:;) C.':::l .r.- :t::-... C:',: C') CI on :~ fli::!] r '""rJl~n i,SIY :=JCJ ;:,~~ :'1:j ,:.C) ~-,",}nl :j~':! :L7 -< <:j -,.,0 ~~.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA jJihQ/l W-~he/~1 Plain ff Vs File No, 2[!J(),3 - G GY IN DIVORCE fe/cli Sk~6/el/ pffendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] X prior to the entry of a Final Decree in Divorce, or _ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of 'r1'E'ytol e.... , and gives this written notice avowing his I her intention pursuant to the provisions of 54,P Date: (0-11- CJS- ~keJ Ignature fll1~ Signa COMMONWE;tLTHOFPENNSYLVANIA ) COUNTY OF '- "JI1~fiL/lN!>) On the J.!!!....- day of Ot::rD~ ,200.5:: before me, the Prothonotary or the notary public, personally appeared the above affiant lmown to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seaL NOTARiAl SEAL PROTHONOTARY, NOTARY PUBLIC CARlISlE CUMBERlAND COUNlY COURT HOUSE MY COMMISSI~N EXPIRES JANUARY 2. 2000 @~fD ~ P -J , C' ....,.., -.l r-' C"> r;.:~ cJO o ~:' _I ;' - - o -n ..... ~-n \lIe ~ -n'" ....... ;i;~Y .-- ;", ,.. c,d r;.' ,y:Y<. \ ..-\<::A ~..<;:.. .-<- '!". - - o..P o ~ POSTNUPTIAL AGREEMENT THIS AGREEMENT, made th-:2J day of 2006, by and between Heidi Mende Sheibley, hereinafter referred to as "Wife", and Michael W. Sheibley, hereinafter referred to as "Husband" , WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 27, 1997 in Cumberland County, Pennsylvania. WHEREAS, no children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated on October 20, 2002 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, have been informed on their right to legal counsel and Wife retained at one time Dianne Radcliff, Esquire, but has discharged said counsel and has elected to continue without counsel and Husband has retained John M. Glace, Esquire and all parties have come to the agreement, which follows: 1. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter t live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3, Wife's Debts. Wife represents and warrants to Husband that since May 27, 2002 she has not contracted and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since May 27,2002 he has not contracted and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. Additionally Husband purchased and became liable for a mortgage with a third party a residence located at 614 Apple Drive, Mechanicsburg, Cumberland County, Pennsylvania and further represents and warrants that Wife has no direct, indirect or inferred liability for this residence. 5, Outstanding Joint Debts. The parties acknowledge that they have incurred several outstanding debts and obligations prior to their October 20,2002 separation in addition to the Husband's first mortgage for the above described residence. These debts could have been incurred by Heidi Sheibley or in her maiden name ,Heidi Mende, Michael Sheibley, or the following sole proprietorships: MWSheibley Violins, MW Sheibley, Violin Maker, Specialty Violin Making Products. Husband agrees to be responsible for all credit cards in his name only and all business debt arising from his commercial enterprises in United States only notwithstanding the date of inception of said business enterprise(s), Wife agrees to be responsible for all credit cards issued in 2. her name only and all commercial or personal debt arising in Germany. In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regardless of the name in which the account may have been charged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6, Bankruptcy Both of the parties acknowledges and agree that each of liabilities that each is required to assume as per the terms of this Agreement, each has the financial ability and wherewithal to fully fulfill his or her obligations. Should either party file a Petition under Title Xl of the United States Code or should a petition be filed involuntarily against either party's interest, each party acknowledges that the herein obligations of this Agreement shall be satisfied in full and shall not be discharged in Bankruptcy. Furthermore, in the event a discharge is forthcoming, the discharge of the debtor's obligations under this Agreement shall not result in a benefit to the debtor that outweighs the detrimental consequence to the non-debtor party, 7, Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the third marriage for Husband and the first marriage for Wife; the age, health, station, amount and sources of income, vocational skill, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 3. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property as well as business inventory between them; but for the items delineated below in this subparagraph. The parties mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and the Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto, The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property; but for the items delineated herein below in this subparagraph. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and! or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of the Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of the Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. Such individual retirement accounts and/ or retirement benefit plans shall include. but not be limited to the following: pension or profiting sharing plans, deferred compensation plans, defined benefit plans, 401(1<) plans, employee savings or thrift plans, IRA's, annuities and other similar plans, vested or non-vested. Both parties at execution of this Agreement shall be deemed owners in the entirety of their individual pensions/retirement instruments as above described and shall name their shared children as beneficiaries, If either party hereinafter desires to modify the named beneficiary(ies) of these retirement or benefit instruments, thirty (30) days written notice to the other party is required. Further both parties hereinafter waive their right to full disclosure of any pension or retirement instrument and acknowledge that they have the right to demand such disclosure. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and property which is in their possession or control, pursuant to 4, . the Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property ,whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. The specific items yet to be distributed are: the certificates and medallions of merit and/ or achievement for violin making which may presently in possession of Wife and shall be immediately returned to Husband upon discovery and the photographs and family jewelry which may presently be in the possession of the Husband and shall be returned immediately upon discovery by Husband. Each party shall, in good faith endeavor to locate and return the above described personal property, each recognizing the personal and sentimental value attached to said property by the other. B Distribution of Real Estate. Husband and Wife did not co-own or jointly own as spouses any real estate, By her execution below Wife again attests that the real estate situated at 614 Apple Drive, Mechanicsburg, Pennsylvania was not marital property, notwithstanding its date of purchase, C. Distribution of Liquid Assets. The parties have agreed that prior to execution of this Post-Nuptial Agreement they have divided to their mutual satisfaction and agreement all other liquid assets, including, but not limited to, all checking, savings, business credits and due invoices, and investment accounts, Both parties by their here below signatures acknowledge that they have made full disclosure of all liquid assets accumulated throughout the course of the marriage, either individually or as a joint asset. Additionally, Husband agrees to convey without restriction to Wife $4,000.00 upon her execution of an Affidavit of Consent to Divorce which is pending before the Court of Common Pleas of Cumberland County docketed at 2006-659, D. Subsequent Business Interest(s) Husband and Wife acknowledge that since May 27, 2002 and the subsequent separation on October 20, 2002 each party may have established or gained interest in business enterprise(s). Both parties relinquish any claim to such post-separation business enterprises and further acknowledge that any debt arising from such post- separation business enterprises is their sole responsibility, 8, Vehicles. Notwithstanding Paragraph 7 of the Agreement, Husband shall transfer his share of ownership and possession to Wife of the 1997 Chrysler Sebring 5. Convertible presently titled to her and in her possession, Wife acknowledges that all vehicles in the possession of Husband are not marital property and subject to Equitable Distribution and that she has no claim or interest in any such vehicle or any other vehicle in which he may have obtained an interest since the date of separation, 9, Alimony. Both parties acknowledge and agree that the provisions of the Agreement providing for equitable distribution of marital property as fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action. 10 Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of the Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/ or expenses. 11. Divorce. A Complaint in Divorce has been filed to No, 2003-659 in the Court of Common Pleas of Cumberland County, Pennsylvania. Simultaneously to the execution of this Agreement, both parties will sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce code and the Waiver of Notice to file of record that Affidavit and request issuance of a Decree in Divorce. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of the Agreement by the proceeding party, there shall be no defense to such action asserted, 6. 12, Time of Distribution. The assets and interests to be transferred under and pursuant to the Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301(c) or 3301 (d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance, However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 13, Release. Subject to the provisions of the Agreement, each party has released and discharged, and by the Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of actions, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of the Agreement. Each party also waives his or her right to request marital counseling, pursuant to Section 202 of the Divorce Code, 14. Waivers of Claims Against Estates. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitations, dower, curtsey, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code as amended from time to time, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15.. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 7, 16. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney, 17, Incorporation in Final Divorce. The terms of this Agreement shall be incorporated, but shall not merge, in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligations of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 18. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of the Agreement. 19, Separability, In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdictions, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 20, Entire Agreement. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of the Agreement with respect to the distributions and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of the Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court 8, of competent jurisdiction pursuant to Section 401( d) of the Divorce code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of the Agreement. 21. Modification and Waiver. A modification or waiver of any of the provisions of the Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time e in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under the Agreement, entitling then nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of the instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 23. Voluntary Execution. The provisions of the Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 24. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25.. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrator, successors and assigns. 9. 26.. Reconciliation. Notwithstanding a post-divorce reconciliation, including co-habitation or re-marriage, between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 27. Incorporation of Agreement. The terms of this Agreement shall be incorporated in any Divorce Decree which may be entered in respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights of enforcement under applicable law including the Pennsylvania Divorce Code. BY THEIR BELOW SIGNATURES, the parties acknowledge that they each have received a fully executed original copy of this entire agreement IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this ten (10) page Post-Nuptial Agreement on the day and year first above written. Ji. / /L,,- 10. ~- --.--'" g '72':, -o\)' n-'t\' -'" ,- 'f~_-.,. , "'~ ",: , (~} -~- f-;"'('. '~~~~ :2 ....' = "'" "" "V"' c: G"' - o ~ --',... Q, :?-n rnc;:. -(11 ,':.-~ ~-:1C( '::~~l(~i" (;c') t;rn .]j -;.:. c;~' (f\ 0) ...------ MICHAEL W. SHEIBLEY, Plaintiff IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, v. No. 2003 - 659 HEIDI SHEIBLEY, CIVIL ACTION - DIVORCE Defendant PRAECIPE to TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: 1. Ground for Divorce: Irretrievable Breakdown under Section 3301(c) of the Divorce Code 2. Date and Manner of Service of the Complaint: Certified Mail, Return Receipt Requested served on March 4, 2003. 3. Date of Execution of Affidavit of Consent required pursuant to Section 3301(c) of the Divorce Code: a. By Plaintiff: August 2, 2006. b. By Defendant: August 2, 2006. 4. Related Claims Pending: None 5. Date of Plaintiff's Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: August 2, 2006. 6. Date of Defendant's Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: August 2, 2006. Respectfully Submitted, THE LAW omt'OHN M. GLACE , Glace, Esquire Court J.D. 23933 eet, HarrisburgPA 17101-1612 (7 7) 238-5515 Attorney for Plaintiff (") ~;~ --0 \: , rr\\ ,,>,.. ~:,: "r: '-/: . \,..- ~~ (. ~9.~:~ :2 r-' ,:::-;J C'''--' 0' -c:::. ,;p ~)1 - {~n :f.~,: -';~ ~? s:- - " MICHAEL W. SHEIBLEY, Plaintiff IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. No. 2003 - 659 HEIDI SHEIBLEY, Defendant : CIVIL ACTION - LAW IN DIVORCE PROOF of SERVICE It is hereby certified by undersigned counsel that the Divorce Complaint, above captioned, was served via Certified mail, Return Receipt Request by preceding counsel, Michael A Sherer, Esquire, on March 4, 2003 and, in support thereof, the signed certificate of receipt is attached hereto as Exhibit "A" Respectfully submitted: lace, Esquire Walnut Street H' g, PA 17101-1612 (7 7. 238-5515 Supreme Ct. ID: 23933 Counsel for Plaintiff , ' Exhibit "A" , . - _.,......... {HL'I~5755 DES PAGE "'L . 00I\1pIeII0 _ 1. 2, a'l6 3. Also compIoIbt llem4W~Ued~l&--.d. X . Ptfnt'P'IWI1Il8lld ~ on \lIe.- ",,__...._""'<lII<IIOYOU. 8. . _... cwd lD Ih8 b8dl of \h& ,naIIpiecO>, cr on \lie fI'OlIt . "'*'" penntts. 1. ,Ar1:kJIt/tdd. ... tsx Hwi~Pi~ ft ". ~ Boy tsM' ~fIrdoh.., ff\ l1't30 r :;,::~ . -<. _1 ~..~,J,I"".;! i ~.i--;'" ..;;.~''i !.....J,,~": I' I " "...;:' ~ r ~ 'IF 10ll3s anD ODllb S8'U 3600 PS Form 3811, Aug\I$t 1lOO1 IlaMOaIlc - Aooofpt S-ET,.,. (;edlfiIld Moll 0 s.p.- Moil :::-'~ 0__101'.....-- o . - .. 00.0.0. 4. R.-~"'''''' DothwY'l (8Onl"" '1\1I< 1 I 1~25n w.....1OGS ."" -'~ ," ."-~.---. ......- . '", .(f':~ '. ~'. .... AoMn_- r::::::t l&.~_._lt~ 1:3 Q~= .o.w ..30 1.15 :>; ~ \j. 60 ~ ~ ,.,..~&feM $~. B' ~ C> ~ : =='~Jt~I,E..~~-.__._&- ~ i! g ;;;;;;:;;;:. fU~. a":,;j .~A.";-:----lll'--""'" "" '~zP"-"'-'''--'''--~-~~''~&~~''''-''--' ---... ~ c::r ... m .... Ir .., '^ ''- .....- .~.'7.t~....",>!:,:" ....'._:F:-:.:...- ~~:'~.. .~~--':.,..-;_. () f ~:tl C..-:_i~ --. --.-"".. ~ ~...:::) O~ "'1':/"" ~::: (.') - U'\ -~,--_._- -::-~" ...- C) .on .-4 :C-r"'. rne. _C11~.:..t -n--) '-~~5-.~~ :~ (~; :-j"il '::>; \," ~ C}? s:- O MICHAEL W. SHEIBLEY, Plaintiff IN the COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYL VANIA v. No. 2003 - 659 HEIDI SHEIBLEY, Defendant CIVIL ACTION - DIVORCE Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301 (c) of the Divorce Code 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after that DeCree is filed with the Prothonotary. , I verify that the statements herein are made are true and correct. I un erstand that false statements herein are made subject to the penalties of 18 Pa. C. S., Se tion 4904 relating to unsworn falsification to authorities. _B-2 ~o 0 Date o S S- -;In::: C\Jt~-" ~.". ~~~ '~~~-;- j>e: :z ::;! ,...., = = cr' ~ ~-n rnF -om -:DC? ;::)0 7'-, ...-"4\ r-"1 _~., ::-~( ) "<-rn S 1>: :Q :x>- c:: (7) o ~ CP ., Ul -' MICHAEL W. SHEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 2003 - 659 HEIDI SHEIBLEY, Defendant CIVIL ACTION - LAW DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in divorce under Sections 3301(c) and 3301(d) of the Divorce Code was filed on February 13, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce. 4. 1 understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. BeiIig so advised, I do not request that the Court require that my spouse and 1 participate in 9Junseling prior to a divorce decree being handed down by the Court. / I ~ ,2 - 0& I verifY that the statements made in this affidavit are true an correct. I understand that false statements herein are made subject to the penalties of 8 Pa. C. S. A. Section 4904 relating to unsworn falsification to authorities. Date: g 'Z 't)tt" r\". ~ ( -;; '\'~ ~~:,; c.. %'C) YC -,,- ~ 2 ~ 'f}. ~ ",-, - o o -\1 ~:!l ':,<;:;=-; 'D<:;~ (~~A o ,0-\ ~ ~ 7$. C? c.f\ -' ..-------- MICHAEL W. SHEIBLEY, Plaintiff IN the COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2003 - 659 HEIDI SHEIBLEY, Defendant CIVIL ACTION - DIVORCE Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301 (c) of the Divorce Code 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after that Decree is filed with the Prothonotary. I verify that the statements herein are made are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. 8-1- o~ Date g .".. -Qf{ n1r~ ';=-~'., ~. U1<'~ -:;;, ~:., ~.,. :r""l ~(:' rC Z ::2. ,...., '"'" "'" "" ~ '" - c:> <;?, ..... ::c.......l f'1 r:' .~~ -T)"---' 'c';-) .L C~.:..\ (") -'"), ..,......1" ;~-), ('~j 6\~' --1 'JO ~ y: ::io, <?? U1 ....J ~ MICHAEL W. SHEIBLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 2003 - 659 HEIDI SHEIBLEY, Defendant CIVIL ACTION - LAW DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in divorce under Sections 3301(c) and 3301(d) of the Divorce Code was filed on FebI'lllll)' 13, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. Section 4904 relating to unsworn falsification to authorities. Date: _g , l ~ 0(; ~,~ H idi Sheibley .--' ~ 'fi? ~ '" g ~- ~'-' ""Oq, rt-<;!" ,; ~,? 'Q.{- 1'"/\.- '_. ~.\~ :z ::.? - o ~ 1-..,-, rn-' h3 -c.-; :p'~ (~~~'.; '~~~~ S. -7- :1.1 ~ ~ -"" C? {f\ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Michael W. Sheibley, Plaintiff No. 2003 fl<;q VERSUS Heidi Sheibley . Defendant DECREE IN DIVORCE AND NOW, ~)r tJ.;,. ,"'"bfJJ -~ IT IS ORDERED AND DECREED THAT Michael W. Sheibley Heidi Sheibley , PLAINTIFF, AND , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC'lfp"IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; W~ Attached Agreement shall be incorporated but not merged By J. PROTHONOTARY 4;; -,np (~ ~ 4- -~ .~ ?P'''tJ'Io.H ~fJ>t; ov/p<".frp ~ ~ 4,7-J;? - . "! \, . . . ~,,".&. ' " ~...\.\'1 . "\. . ,,:,,~'i 1 \.. '%7. U - ,8- '1'(7- L./-$ ~ MICHAEL W. SHEIBLEY, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE HEIDI MENDE, DefendantIPetitioner NO. 03-659 CIVIL TERM IN DIVORCE PACSES # 740105646 ORDER OF COURT AND NOW to wit, this 1st day of September, 2006, it is hereby Ordered that the Alimony Pendente Lite is tenninated effective August 16, 2006, pursuant to the entry of the parties' Decree in Divorce. There is a remaining balance of$143.l3 owed to the Petitioner and is to be paid in full within thirty (30) days from this date. BY THE COURT: Edgar B. Bayley, ORO: RJ. Shadday xc: Petitioner Respondent Joseph C. Michetti, Esq. John M. Glace, Esq. Service Type: M Fonn OE-OO 1 Worker: 21005 o c :s: r: ..... = = "'" C/) f""l -0 I ~ :e rn ::n -"fT; ."-'C '.'-) ! .<10 J.: :[, "J ,1 >,C) Orn --l ?E -< " :ll;: '& .c- O)