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HomeMy WebLinkAbout07-1434JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attornevs for Plaintiff RUSSELL F. SCHEID, III, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (D Te ROBIN SCHEID, CIVIL ACTION -LAW 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 prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800.990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff RUSSELL F. SCHEID, III, Plaintiff V. ROBIN SCHEID, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION -LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambi6n ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimoni, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 RUSSELL F. SCHEID, III, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. d? -- ??3 1. t v l? ` ROBIN SCHEID, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Russell F. Scheid, an adult individual who currently resides at 610 W. Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Robin Scheid, an adult individual who currently resides at 610 W. Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 29, 2007 in Bear, Delaware. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two (2) children of this marriage under the age of eighteen years, namely; Levi Thomas Scheid, born September 9, 1995 and; Nolen Tyler Scheid, born February 23, 1998 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (10) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully submitted, JOANNE HARRISON CLOUGH, PC Date: 3 r 01 Joanne arrison Cloys Attorney ID No.: 36? 24 N. 32°d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Russell F. Scheid, III, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: 3 ?' ,77 Russell F. Scheid, III v RUSSELL F. SCHEID, III, Plaintiff V. ROBIN SCHEID, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1434 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Marcus A. McKnight, III, acknowledge that I am legal counsel for Defendant, Robin Scheid. I further acknowledge that I received a true and correct copy of a time stamped Complaint in Divorce filed on March 14, 2007 in the above captioned action by 1j first class mail on the -X day of ANA , 2007 and I accept service of said Complaint on behalf of the defendant. Date: 00? /V, - - V //- /? A. McKn' ht. I 2T .r Law Offices Irwin & Mb 60 West Pomfret Street Carlisle, PA 17013-3222 (717) 249-2353 (" > 0 G n F:x JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, Esquire Pa. I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 1701(717)737-5890 Counsel for Plaintiff RUSSELL F. SCHEID, III, Plaintiff V. ROBIN SCHEID, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1434 : CIVIL ACTION -LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this, day of April, 2007, comes the Petitioner, Russell F. Scheid, III, by and through his attorney, Joanne Harrison Clough, Esquire, and respectfully avers as follows: 1. Petitioner Russell F. Scheid is an adult individual currently residing at 17 W. Mulberry Hill Road, Carlisle, PA 17013. He is married to the Respondent/Defendant, Robin C. Scheid. 2. Respondent/Defendant Robin C. Scheid is an adult individual currently residing at 17 W. Mulberry Hill Road, Carlisle, PA 17013. She is married to the Plaintiff/Petitioner Russell F. Scheid, III. 3. Plaintiff/Petitioner Russell F. Scheid, III, filed a Complaint for Divorce on March 14, 2007, in the Court of Common Pleas of Cumberland County. 4. On or about February of 2007, Respondent/Defendant Robin C. Scheid, intercepted and removed from the United States Mail delivery to the marital residence Petitioner's 2006 W2 forms and without Petitioner's knowledge or permission forwarded his W2 documents and other financial information "to someone in New Jersey" to prepare a Joint Federal, State and Local 2006 Income Tax Return. I) 5. Plaintiff/Petitioner Russell F. Scheid, III had no specific knowledge nor did he cooperate in the preparation of any Joint Federal, State or Local Income Tax Return for the 2006 year. 6. Plaintiff/Petition is of the belief and therefore avers that Respondent/Defendent Robin C. Scheid filed said returns without his knowledge or permission and specifically directed that the income tax refund check, estimated to be in excess of $ $ 4,000.00 be deposited into Respondent's individual bank account. 7. Plaintiff/Petitioner individually and by and through his lawyer has repeatedly asked for copies of the Federal, State and Local income tax returns prepared by Respondent, and asked for copies of his W2 statements which Respondent and/or her legal counsel have failed to provide to date. 8 On or about April 9, 2007, Petitioner's legal counsel received correspondence from Respondent's counsel alleging that Petitioner "signed the form permitting the refund to be deposited directly into Robin's bank account". 9. Plaintiff/Petitioner Russell F. Scheid, III at no time signed any forms specifically directing the parties Joint Income Tax Refund to be directly deposited into Respondent's individual account, but believes Respondent may have modified another piece of paper Petitioner signed and submitted it to the IRS purporting it to be authorization from Petitioner for the IRS to direct deposit the parties Joint Income Tax Refund in Respondent wife's individual bank account. to. Plaintiff/Petitioner is of the belief and therefore avers that the parties owe State and Local Income Taxes but are entitled to receive a sizable Federal Income Tax Refund in excess of Four Thousand Dollars and he needs immediate access to the 2006 Income Tax Returns prepared by Respondent so that he may timely pay any taxes due and owing on the State and Local Tax Returns. 11. Petition is of the believe and therefore avers that Respondent will immediately spend otherwise dissipate the sizable Federal Income Tax Refund the parties should be entitled to receive for the 2006 calendar year. 12. This action has not previously been assigned to any Judge. 13. Counsel for Respondent does not concur with this Petition. WHEREFORE, Petitioner/Plaintiff Russell F. Scheid, III, respectfully requests this Court to enter an Order: A. Directing that any Joint Federal Income Tax Refund received by Respondent, Robin C. Scheid, be placed in an interest bearing escrow account until further agreement of the parties or Court Order permitting the dispensing of said funds; and B. Direct Respondent, Robin Scheid to immediately provide Petitioner with a complete copy of the Federal, State and Local Income Tax Returns she had prepared, including copies of Petitioner's W2 statements which she removed from the United States Mail; and C. Grant any further relief this Court deems appropriate. Respectfully Submitted, JOANNE HARRISON CLOT,' A PC Dated: 4, Joanrie4l5rris`on Clough Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5840 Attorney for the Plaintiff VERIFICATION I, Russell F. Scheid, III, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn verification to authorities. DATE: 'VI /.,.1/0? it'u;sell F. S eid, I CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Marcus A. McKnight, III, Esquire Law Offices Irwin & McKnight 60 West Pomfret Street. Carlisle, PA 17013-3222 Date: - l/I' -l Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant L APR 17 2007,, i RUSSELL F. SCHEID, 111, Plaintiff v. ROBIN SCHEID, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1434 CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE ,?3.4 day of April, 2007, after review of the attached Petition for Special Relief, a Rule is hereby issued against Defendant, Robin C. Scheid, to show cause, if any, why the parties Joint 2006 Federal Income Tax Refund should not be placed in escrow, and why she should not be required to provide Petitioner, Russell F. Scheid, III, with a complete copy of the joint Federal, State and Local 2006 Income Tax Returns she had prepared and/or filed. Rule returnable within 2- ° days of date of service. BY THE COURT: V N IN' VIA 14V CZ M LOOZ AMONU-t i c)?d 3Hl dq 3'140 -3911A r % RUSSELL F. SCHEID, III, Plaintiff/Respondent V. ROBIN C. SCHEID, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 1434 CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes ROBIN C. SCHEID, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The Petitioner/Defendant is Robin C. Scheid, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent/Plaintiff is Russell F. Scheid, III, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner and Respondent were married on March 29, 1996, in Cumberland County, Pennsylvania and were separated on or about 4. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner, Robin C. Scheid, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & McKNIGHT Y• Marcus k Mc ght, III Esquire 60 West Pomfre Street Carlisle, PA 1701 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Petitioner Date: August 6, 2007 2 ID RUSSELL F. SCHEID, III, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM ROBIN C. SCHEID, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 624109372 ORDER OF COURT AND NOW, this 13th day of August, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on September 13, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marcus A. McKnight, III, Esq. Joanne H. Clough, Esq. Date of Order: August 13, 2007 R. J. S day, on erence 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 17013 (717) 249-3166 cc361 1 JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff RUSSELL F. SCHEID, III, Plaintiff V. ROBIN SCHEID, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 6,7- 148q Civil Terra CIVIL ACTION -LAW IN DIVORCE NOTICE 3:Q 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 for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES ]BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumbeerland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff RUSSELL F. SCHEID, III, Plaintiff V. ROBIN SCHEID, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA OEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANIDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambidn iser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted ipuede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOG U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIV RCIO O ANULAMIENTO SEA EMITWO, USTED PUEDE PERDER EL DE CHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ES PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA AB A40 PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIAGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 RUSSELL F. SCHEID, III, Plaintiff V. ROBIN SCHEID, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. y 3 - : CIVIL ACTION - LAW : IN DIVORCE D COMPLAINT IN DIVORCE UNDER S I 1 W (61 OR 0 OR F THE W E CODE Plaintiff is Russell F. Scheid, an adult individual who currently resides at 610 W. Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Robin Scheid, an adult individual who currently resides at 610 W. Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 29, 2007 in Bear, Delaware. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two (2) children of this marriage under the age of eighteen years, namely; Levi Thomas Scheid, born September 9, 1995 and; Nolen Tyler Scheid, born February 23, 1998 i 8. The marriage is irretrie bly broken or in the alternative, the Defendant wife has offered such indignities o the Plaintiff husband, the innocent and injured spouse, such as to render his co dition burdensome and intolerable. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court re wire the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit !consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. COUNTI EOIgITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (10) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant ay be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully submitted, Date: t - t , 0/' JOANNE HARRISON CLOU Joanne ftarrison Clough, Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff PC r. VERIFICATION I? I, Russell F. Scheid, III, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: /v 5'1O 7 zla?? Russell F. Scheid, III z 1,.,. t{7 r -T ni C'n - ern RUSSELL F. SCHEID, III, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBIN C. SCHEID, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM IN DIVORCE PACSES Case No: 624109372 ORDER OF COURT AND NOW to wit, this 20th day of September 2007, it is hereby Ordered that the Petition for Alimony Pendente Lite filed on August 6, 2007 in the above captioned matter is dismissed without prejudice due to the parties and their children residing together in the marital home and the Respondent maintaining payment on the household expenses. BY THE COURT: Edward . J. DRO: R.J. Shadday xc: Petitioner Respondent Marcus A. McKnight, III, Esq. Joanne H. Clough, Esq. Service Type: M 1 9/a 1/O 7 Form OE-001 Worker: 21005 n aj crs r, - n C.- W •s ,? yr? W vM? RUSSELL F. SCHEID, III, Plaintiff/Respondent V. ROBIN C. SCHEID, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 1434 CIVIL TERM PACSES CASE NO. 624109372 PETITION TO REQUEST HEARING DE NOVO AND NOW, comes ROBIN C. SCHEID, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The Petitioner/Defendant is Robin C. Scheid, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent/Plaintiff is Russell F. Scheid, III, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Petitioner, Robin C. Scheid, filed a Petition for Alimony Pendente Lite on August 6, 2007. A copy of said Petition is attached hereto and made marked as Exhibit "A" and made a part of this Petition. 4. An Order of Court was issued on September 20, 2007, dismissing the Petition, a copy of said Order is attached hereto and marked as Exhibit "B" and made a part of this Petition. 2 5. The Petitioner, Robin C. Scheid, is appealing the decision by Order of Court dated September 20, 2007. 6. The Petitioner's counsel has not sought concurrence from opposing counsel as this is an appeal from Order of Court dated September 20, 2007. 7. The Honorable Edward E. Guido, has ruled upon other issues regarding this case. WHEREFORE, Petitioner, Robin C. Scheid, respectfully requests that this Honorable Court schedule a hearing de novo appealing the Order of Court dated September 20, 2007, regarding the issue of Alimony Pendente Lite. By: Date: October 4, 2007 Respectfully submitted, IRWIN & Marcus ,d. McKni III, c 60 West Pomfret Sire Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Petitioner 3 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 SEPTEMBER 19, 2007 MARCUS A. MCKNIGHT, III, ESQ. W POMFRET PROF BLDG 60 W POMFRET ST CARLISLE PA 17013-3216 Distribution Cover Letter Fax: (717) 240-6248 Skp 2 , 200 ?f LIT Plaintiff Name: ROBIN C. SCHEID Defendant Name: RUSSELL F. SCHEID III PACSES Case Number: 624109372 Please note: All correspondence must include the PACSES Case Number. Dear MARCUS A. MCKNIGHT, III, ESQ. Please note the attached document and/or correspondence. This information is being sent to update you on the above captioned case. Sincerely, R. J. SHADDAY Form CM-520 Service Type M Worker ID 21 o 0 5 RUSSELL F. SCHEID, III, Plaintiff/Respondent vs. ROBIN C. SCHEID, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM IN DIVORCE PACSES Case No: 624109372 ORDER OF COURT AND NOW to wit, this 20th day of September 2007, it is hereby Ordered that the Petition for Alimony Pendente Lite filed on August 6, 2007 in the above captioned matter is dismissed without prejudice due to the parties and their children residing together in the marital home and the Respondent maintaining payment on the household expenses. BY THE COURT: Edward l. Gu o, J. DRO: R.J. Shadday xc: Petitioner Respondent Marcus A. McKnight, III, Esq. Joanne H. Clough, Esq. Form OE-001 Service Type: M Worker: 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 624109372 Docket Number: 07-1434 CIVIL Other State ID Number: Please note: All correspondence must include the PACSES Case Number. SEPTEMBER 13, 2007 SUMMARY OF TRIER OF FACT Plaintiff Information Defendant Information ROBIN C. SCHEID RUSSELL F. SCHEID III Address: 17 W MULBERRY HILL RD CARLISLE PA 17013-8410 Address: 17 W MULBERRY HILL RD CARLISLE PA 17013-8410 Employer: ALMA/ MED STAFFERS D B A MED STAFFERS PO BOX 95 CARLISLE PA 17013-0095 Attorney: MARCUS A. MCKNIGHT, III, ESQ. Employer: EXEL LOGISTICS* PO BOX 6119 WESTERVILLE OH 43086-6119 Attorney: JOANNE CLOUGH, ESQ. ? Complaint for Support ? Petition for Modification Filed El Other Reason for Conference: WIFE FILED A REQUEST FOR APL CONFERENCE. HUSBAND DENIES ENTITLEMENT TO APL AT THIS TIME AS BOTH PARTIES ARE RESIDING IN THE SAME HOUSEHOLD W/ THREE CHILDREN AND HUSBAND IS PAYING THE HOUSEHOLD EXPENSES. Dependent(s) Current Order: $ o . o o /per month NEW ACTION Form CM-022 vi Servic:: Type M Worker ID 21005 SCHEID V. SCHEID PACSES Case Number: 624109372 Other Information (continued): SHOPPER. DEF DOES AGREE THAT HE HAD REQUESTED ITEMS IN ORDER TO PACK HIS LUNCH THE BULK OF THE EXPENSES THAT WERE SUBMITTED BY WIFE APPEAR TO BE EXPENSES FOR THE CHILDREN, OTHER THAN HER LEGAL FEES. HUSBAND SUBMITTED HOUSEHOLD EXPENSES THAT ARE AVERAGING APPROX. $6,022.19/M THAT APPEAR TO BE FOR THE FAMILY AND THE HOUSEHOLD. Facts Agreed Upon: THE PARTIES ARE RESIDING IN THE MARITAL HOME W/ THREE CHILDREN THE MARITAL HOME IS LISTED FOR SALE AND HAS BEEN FOR SOME TIME. THERE HAVE BEEN NO OFFERS. Facts in Dispute and Contentions with Respect to Facts in Dispute: WIFE'S SPENDING PRACTICES. Guideline Amount: $ 1, 9 3 5.9 9 / MONTH DRS Recommended Amount: $.o. o o /MONTH DRS Recommended Order Effective Date: 08/06/07 Parties to be Covered by Recommended Order Amount: WIFE Guideline Deviation: ® YES or ONO Reason for Deviation: HUSBAND IS MAINTAINING THE HOUSEHOLD EXPENSES AND EXPENSES FOR THE CHILDREN Submitted by: R. J. SHADDAY Date Prepared: SEPTEMBER 13, 2007 Page 3 of 3 Form CM-022 v1 Service Type M Worker ID 21005 RUSSELL F. SCHEID, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW C- 2007 - 1434 CIVIL TERM,-,. ? ?? ROBIN C. SCHEID, - , Defendant/Petitioner IN DIVORCE = c> c-1 J PETITION FOR ALIMONY PENDENTE LITE co AND NOW, comes ROBIN C. SCHEID, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The Petitioner/Defendant is Robin C. Scheid, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent/Plaintiff is Russell F. Scheid, 111, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner and Respondent were married on March 29, 1996, in Cumberland County, Pennsylvania and were separated on or about 4. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner, Robin C. Scheid, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & McKNIGHT B Y• Marcus A. Mc ght, III, Esquire 60 West Pomfre Street Carlisle, PA 1701 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Petitioner Date: August 6, 2007 2 RUSSELL F. SCHEID, III, Plaintiff/Respondent V. ROBIN C. SCHEID, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 1434 CIVIL TERM PACSES CASE NO. 624109372 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jordan D. Cunningham, Esq. Cunningham & Chernicoff, P.C. P. O. Box 60457 Harrisburg, PA 17106-0457 IRWIN & McKNIGHT By: Marcus 1 60 West (717) 24r Supreme 6mfret Street A 17013 •2353 1o . . 476 Date: October 4, 2007 4 r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID ) Docket Number 07-1434 CIVIL Plaintiff ) vs. ) PACSES Case Number 624109372 RUSSELL F. SCHEID III ) Defendant ) Other State ID Number ORDER OF COURT You, RUSSELL F. SCHEID III plaintiff/defendant of 17 W MULBERRY HILL RD, CARLISLE, PA. 17013-8410-17 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 6, 2007 at 1: 3 0 PM for a hearing.; ?T You are further required to bring to the hearing: I , a true copy of your most recent Federal Income Tax Return, including W-2s, as fi$ _ O 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached is orderb completed as required by Rule 1910.11 (c). p 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. I Worker ID 21302 SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 10 -16 _0 µ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v• SCHEID CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. 1 Worker ID 21302 C) ? ? ? ? ?,. ?r? ; ? ? = . ! ? ? Cl` " ,,,,,, ? ?z °? ? .? JJ N "? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID ) Docket Number 07-1434 CIVIL Plaintiff ) vs. ) PACSES Case Number 624109372 RUSSELL F. SCHEID III ) Defendant ) Other State ID Number ORDER OF COURT You, ROBIN C. SCHEID plaintiff/4efendant of 17 W MULBERRY HILL RD, CARLISLE, PA. 17013-8410-17 ?Q are ordered to appear at DOMESTIC RELATIONS HEARING RM o DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-30 before a hearing officer of the Domestic Relations Section, on the 7U) NOVEMBER 6, 2007 at 1:30PM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. I Worker ID 21302 t SCHEID v• SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 10 - t 0 -0-1 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker ID 21302 n ? Q C ? -rt 1 i..; CD d.?c. rn Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: jcunninghamgcclawpc.com RESPONSE TO PETITION TO REQUEST HEARING DE NOVO TOGETHER WITH NEW MATTER AND NOW, comes Russell F. Scheid, 111, by and through his attorneys, Cunningham & RUSSELL F. SCHEID, 111, Plaintiff/Respondent V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1434 PACSES No. 624109372 CIVIL ACTION-LAW ROBIN SCHEID, Defendant/Petitioner Chernicoff, P.C., who files this Response together with New Matter to the Petition to Request Hearing De Novo and, in support thereof, avers the following: 1. 2. 3. 4. 5. is not required. The averments of Paragraph 1 are admitted. The averments of Paragraph 2 are admitted. The averments of Paragraph 3 are admitted. The averments of Paragraph 4 are admitted. The averments of Paragraph 5 represent a conclusion of fact to which a response 6. The averments of Paragraph 6 are admitted. 7. The averments of Paragraph 7 are admitted. NEW MATTER 8. The averments of the Response to the Petition to Request Hearing De Novo contained in Paragraphs 1 through 7 are incorporated herein by reference as if more fully set forth herein. 9. Respondent and Petitioner live in the same household and Respondent has consistently paid from his earnings the mortgage debt service, taxes, insurances, utilities, related to the marital home in which both Petitioner and Respondent live. Moreover, Respondent pays all of the marital debts and purchases food for the household, which household consists of the Petitioner, the Respondent, and their two (2) children, Levy and Nelson, together with the Petitioner's child, Amanda. 10. Petitioner has previously filed for support in the Office of Domestic Relations for Cumberland County, which Petition was dismissed on or about May 1, 2007. 11. Your Petitioner appealed the dismissal of the Support Petition and withdrew the appeal. 12. This matter was filed on August 6, 2007 and was dismissed by Order of this Honorable Court on September 20, 2007. 2 L 13. The Support Petition and the Alimony Pendente Lite petition were each dismissed based upon the circumstances of the case, which are outlined in this Response, that being the Petitioner and Respondent still physically reside in the same house and that the Respondent is supporting the debt service of the house, paying marital obligations and purchasing food and clothing for all members of the household. 14. Your Respondent respectfully requests this Honorable Court to dismiss this matter based upon the facts of the case. 15. Respondent is gainfully employed. 16. Respondent respectfully requests this Honorable Court based upon Petitioner's tactics of appealing from decisions supported by appellate case law, such appeals not being based on an advancement of any current legal concept but instead are obdurate in nature. 23 Pa. C.S.A. §4351. WHEREFORE, your Respondent respectfully requests this Honorable Court to deny the appeal and to award the Respondent counsel fees and costs pursuant to 23 Pa. C.S.A. §435L Respectfully submitted, Date: 4el,02 By: CUNNINGUArM &;Q?ICOFF, P.C. Jory n 13.?unningham, Esquire P Sup me Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: 717-238-650 Attorneys for Plaintiff/Respondent F:\Home\AHEWITT\DOCS\Q-S\SCHEID, RUSSELL\PLEADINGS\RESPONSE PETITION DENOVO.wpd 3 CERTIFICATE OF SERVICE I do hereby state that on the Lb day of October, 2007,1 served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 L, A A <; An a Witt Legal Assistant G RUSSELL F. SCHEID III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION ROBIN C. SCHEID, : PACSES NO. 624109372 Defendant/Petitioner : DOCKET NO. 07-1434 CIVIL INTERIM ORDER OF COURT AND NOW, this 9ch day of November, 2007, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $500.00 per month. B. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $50.00 per month on arrearages. C. The Husband shall provide health insurance coverage for the benefit of the Wife as is available through employment or other group coverage at a reasonable cost. She shall be responsible for her own unreimbursed medical expenses. D. The effective date of this order is August 6, 2007. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR' S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, Ed . G J: , Cc: Russell F. Scheid III Robin C. Scheid Marcus M. McKnight III, Esquire For the Plaintiff Jordan D. Cunningham, Esquire For the Defendant DRO RUSSELL F. SCHEID III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION ROBIN C. SCHEID, : PACSES NO. 624109372 Defendant/Petitioner : DOCKET NO. 07-1434 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on November 6, 2007, the following supplemental report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff/Respondent is Russell F. Scheid III, who resides at 17 West Mulberry Hill Road, Mechanicsburg, Pennsylvania; he will hereafter be referred to as "the Husband." 2. The Defendant/Petitioner is Robin C. Scheid, who also resides at 17 West Mulberry Hill Road, Mechanicsburg, Pennsylvania; she will hereafter be referred to as "the Wife." 3. The parties were married on March 29, 1996. 4. On March 14, 2007 the Husband filed a complaint in divorce. 5. On August 6, 2007 the Wife filed a petition for alimony pendente lite. 6. The parties have two minor children, Levi, age 11, and Nolen, age 9, residing in the household. 7. The Wife has a 15 year old daughter, Amanda, to a prior relationship who also resides in the household. 8. The Wife is employed as a home health aide. 9. The Wife earns $10.25 per hour when she works, but only works on an as-needed basis. 10. The Wife has only earned approximately $5,000.00 through September, 2007.1 11. The Wife earned approximately $4,517.00 in 2006. ' The Wife earned approximately $400.00 from a prior employer in early 2007 and has earned approximately $4,600.00 from her current employer. EXHIBIT ".A" 12. The Wife was self-employed as a Mary Kay direct sales distributor in 2006 but recorded a net loss for the year. 13. Amanda's father is deceased. 14. The Wife receives $1,273.00 per month in social security survivor benefits for the benefit of Amanda. 15. The Wife does not contribute to the mortgage, the real estate taxes, the homeowners' insurance or any utilities except the telephone service at the marital home. 16. The Wife's primary expenses are for fuel and upkeep of the vehicle she drives, her daughter's extracurricular activities, her unreimbursed medical expenses, her and her daughter's personal items, her attorney fees, and her credit card bills. 17. The Wife estimates her monthly expenses, exclusive of legal fees to be approximately $1,200.00. 18. The Wife desires to enroll in ITT Technical Institute to pursue an associate's degree. 19. The Husband is employed by Excel where he has a gross bi-weekly salary of $3,513.78. 20. In April, 2007 the Husband received a bonus of $16,985.00 based upon company performance in 2006. 21. The Husband pays $100.92 bi-weekly for health insurance coverage on the family including Amanda. 22. The parties filed a joint marital income tax return for 2006. 23. The Husband pays the mortgage on the home in the amount of $1,774.25 including taxes and insurance, and all utilities except the telephone bill on the marital residence. DISCI ISSION In Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discussed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherein he stated: The determination of whether to award alimony pendente lite has traditionally been a matter within the sound discretion of the trial court. Litmans v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citing Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), gppeal denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 2 113 S.Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spouse to have the financial resources to pursue or defend a divorce action. Litmans, supra at 222, 763 A.2d at 388. The claimant must show that APL is needed to adequately preserve his or her rights in the litigation. Sutliff v. Sutliff, 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other grounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regard, the Pennsylvania Superior Court has stated that "a spouse seeking alimony pendente lite who has sufficient assets to meet the needs of the pending litigation and who is equally situated with the other spouse to maintain or defend the action, will not be awarded alimony pendente lite." Powers v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should consider the following factors: "the ability of the other party to pay; the separate estate and income of the petitioning party; and the character, situation, and surroundings of the parties." Litmans, supra. at 224, 673 A.2d at 389. Once entitlement to an award of alimony pendente lite is established, the calculation of the amount of the award is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 131 (1998). This case is somewhat unusual in that it involves a claim for alimony pendente lite where both parties continue to reside in the marital residence, and the Husband is paying the household expenses. It is clear, however, that the Husband's net monthly income is significantly higher than that of the Wife. The Husband has cited no case which precludes the Wife who continues to reside in the marital residence from receiving an award of alimony pendente lite. The Husband argues that if alimony pendente lite is awarded to the Wife, the amount must be reasonable, which turns on the economic resources available to her. See Busse v. Busse, 921 A.2d 1248 (Pa. Super. 2000). Because the entire family resides in the marital residence, the Husband will be considered the custodial parent of the parties' children in calculating his obligation to pay alimony pendente lite to his wife. The methodology of calculating the award of alimony pendente lite is set forth in Pa. R.C.P. 1910.16-4(e). It is a four step procedure. Initially the Husband's support obligation to the Wife is calculated using the net monthly income of the parties and the formula without dependent children. The Husband has gross monthly income of $7,613.00.2 Filing his federal income tax return as head of household with two children claimed as dependency exemptions, he has net monthly income of $5,589.00.3 The Wife has gross monthly income of $556.00. Filing her federal income tax return as married/separate with one child, her daughter Amanda, claimed as a dependency exemption, she has net monthly income of $679.00.4 2 This Master has not included the bonus received by the Husband in April, 2007, thus permitting it to be subject to equitable distribution. See Rohrer v. Rohrer, 715 A.2d 463 (Pa. Super. 1998). s See Exhibit "A" for the tax deductions from gross income. 4 See Exhibit "A" for the credits to and deductions from gross income. 3 The spousal support obligation is 40% of the difference of the parties' respective incomes, or $1,964.00 per month. This figure is then added to the Wife's net monthly income and subtracted from the Husband's. The adjusted net incomes become $3,625.00 for the Husband and $2,643.00 for the Wife. The Wife's obligation to support the children is calculated utilizing these adjusted figures. With combined net monthly income of $6,268.00 the basic requirement for the support of two children is $1,417.00 per month.5 The Wife's proportionate share of that amount is $598.00. This is adjusted upward due to the Husband's payment of health insurance coverage to $671.00 per month.6 The child support obligation is deducted from the $1,964.00 spousal support obligation calculated in the first step leaving a balance of $1,293.00 per month payable by the Husband as alimony pendente lite under the guidelines. However, several factors dictate a deviation from this figure. The Husband is paying the Wife's housing costs as well as the housing costs of her daughter, Amanda, for whom he has no legal support obligation. The Wife is receiving the sum of $1,273.00 per month in social security survival benefits for the benefit of Amanda which she is using primarily to pay her own living expenses. Taking these factors into consideration, a recommendation is made that the Husband pay the sum of $500.00 per month as alimony pendente lite. RECOMMENDATION A. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $500.00 per month. B. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $50.00 per month on arrearages. C. The Husband shall provide health insurance coverage for the benefit of the Wife as is available through employment or other group coverage at a reasonable cost. She shall be responsible for her own unreimbursed medical expenses. D. The effective date of this order is August 6, 2007. lrv,?.??, ` 120? Date Michael R. Rundle Support Master 5 See Pa. R.C.P. 1910.16-3. 6 See Exhibit "B" for the guideline calculation. 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Robin C. Scheid Defendant Name: Russell F. Scheid III Docket Number: 07-1434 Civil PACSES Case Number: 624109372 Other State ID Number: Tax Year: Current: 2007 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Head of Household Married Filing Separately 3. Who Claims the Exemptions Customize 4. Number of Exemptions 3 2 5. Monthly Taxable Income $7,613.20 $555.60 6. Deductions Method 7. Deduction Amount $654.17 $445.83 8. Exemption Amount $849.99 $566.66 9. Income MINUS Deductions and Exemptions $6,109.04 -$456.89 10. Tax on Income $1,125.18 - 11. Child Tax Credit 12. Manual Adjustments to Taxes 13. Federal Income Taxes $1,125.18 -$189.17 13 a. Earned Income Credit - $189.17 14. State Income Taxes $240.58 $17.56 15. FICA Payments $582.41 $42.51 16. City Where Taxes Apply 17. Local Income Taxes $76.13 $5.56 TOTAL Taxes $2,024.30 -$123.54 SupportCak 2007 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet Rule 1910.16-1, et s . Defendant Name: Robin C. Scheid Docket Number: 07-1434 Civil PACSES Case Number: 624109372 Plaintiff Name: Russell F. Scheid III Other Case ID Number: Defendant Plaintiff 1. Number of Dependents in this Case 2 2. Total Gross Month/ Income $2,643.00 $3,625.00 3. Less Month/ Deductions - - 4. Monthly Net Income Line 2 minus Line 3 $2,643.00 $3,625.00 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $6,268.00 6. Plus Child's Month/ Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Month/ Net Income - 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivative (-) Benefit Line 6 - 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 112006 $1,417.00 11. Net Income as a Percentage of Combined Amount 42.17 57.83 12. Each Parent's Month/ Share of the Child Support Obligation $597.55 $819.45 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 6 $73.76 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10, $671.31 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $671.31 Prepared by: mrr Date: 11/ 7/2007 Summa Report S1. PACSES Multiple Family Adjustment - S2. Spousal Support Award - S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) - S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $671.31 Weekly: $154.50 TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant Manual Single 3 S7. Plaintiff Manual Single 2 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCak 2007 EXHIBIT "B" W" ) t5 y ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/09/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number EXEL LOGISTICS* PO BOX 6119 WESTERVILLE OH 43086-6119 186-46-7479 Employee/Obligor's Social Security Number 0047101798 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 5 0 0 .0 0 per month in current support $ 50.00 per month in past-due support Arrears 12 weeks or greater? Oyes Q no $ 0. 00 per month in current and past-due medical support $ 0 .00 per month for genetic test costs $ o. oo per month in other (specify) for a total of $ 550.00 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: $ 126.92 per weekly pay period. $ 253.85 per biweekly pay period (every two weeks). $ 275. oo per semimonthly pay period (twice a month). $ 550. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the 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's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: NOV 13 ZM7 DRO: R. J. SHADDAY Service Type m 624109372 0 Original Order/Notice 07-1434 CIVIL O Amended Order/Notice O Terminate Order/Notice RE:SCHEID, RUSSELL F. III Employee/Obligor's Name (Last, First, MI) BY THE COURT: EDWARD E. GUIDO, JUDGE Form EN-028 Rev. OMB No.: 0970-0154 ,A'--I.-- i^ $IATT 550,• x 12•.* 52• 126.92* 550- x 12•+ 26 • 255-•65* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to pr vide a opy of this form to your m loyee. If yo r employee orks in a state that is di ferent from the state that issue Tthis order, a copy must be provideec?to your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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. .,. You must report the paydate/date of withholding when sending the payment. The 3.* paydateldate of withholding is the date on which arnotint was withheld fioni the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0428011600 EMPLOYEE'S/OBLIGOR'S NAME: SCHEID, RUSSELL F. III EMPLOYEE'S CASE IDENTIFIER: 0047101798 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCHEID, RUSSELL F. III PACSES Case Number 524109372 PACKS Case Number Plaintiff Name Plaintiff Name ROBIN C. SCHEID Docket Attachment Amount Docket Attachment Amount 07-1434 CIVIL$ 550.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ® If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ................... . ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 C "r! ' ? ? ?s ?'? > fT ? ?..',;? ?? ??. ? r? ?ry ? ? ,?? f r7 ?© . ? ] ..C Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone : 717-238-6570 Facsimile: 717-238-4809 Email: jcunningham&cclawpc.com RUSSELL F. SCHEID, III, Plaintiff V. ROBIN SCHEID, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1434 PACSES No. 624109372 CIVIL ACTION-LAW PLAINTIFF'S EXCEPTIONS TO THE SUPPORT MASTER'S RECOMMENDATIONS AND NOW, comes your Plaintiff, Russell F. Scheid, III, by and through his attorneys, Cunningham & Chernicoff, P.C., who files these Exceptions to the Support Master's Recommendations and, in support thereof, avers the following: 1. Plaintiff and Defendant are husband and wife. 2. Plaintiff and Defendant still reside in the same marital residence. 3. Defendant filed for Alimony Pendente Lite. 4. Paragraph 23 of the Special Master's Finds of Fact held that Plaintiff paid all of the expenses of the household including those related to the Defendant as well as the expenses related to the three (3) children who reside in the household, two (2) of whom are children of the marriage and one (1) who is Defendant's child from a former relationship with the exception of the telephone bill to the residence. 5. Paragraph 15 of the Special Master's Findings of Fact found that Defendant makes no contribution at all to the maintenance of the home or the support of the family. 6. Paragraphs 8, 9, 10, 11, 14 and 15 of the Special Master's Findings of Fact found that Defendant had income together with Social Security Death Benefits for the one child but still failed to make any contributions to the household expenses or the expenses of the child for whom the Social Security benefits were being paid. 7. Paragraph 16 of the Special Master's Findings of Fact found that Wife's primary expenses are for fuel and upkeep of the vehicle she drives, her daughter's extracurricular activities, her unreimbursed medical expenses, her and her daughter's personal items, her attorney's fees, and her credit card bills. 8. The Special Master's recommendation placed no obligation on the part of the Defendant while living together with the Plaintiff to make any contribution towards the household expenses. 9. The deduction of Alimony Pendente Lite from the Plaintiff's bi-weekly paycheck will result in insufficient funds being received by Plaintiff from his income to make payments for all of the expenses of the household, especially in light of the fact that there has been no correlative duty placed on the Defendant to make any contributions towards household expenses. 2 Defendant's past history of not contributing to her or the household's expenses does not create an expectation that her future actions will result in her making any such contributions to her or the household's maintenance even though she would continue to reside in the same household and still enjoy all of the benefits of the household. 10. In the determination and adjudication of a claim for Alimony Pendente Lite, the Court must consider the separate estate, income and the ability of the other party to pay; the separate state and income of the petitioning party; and the character, situation and surroundings of the parties. Litmans v. Litman, 449 Pa. Super. 209, 673 A.2d 382, 389 (1996). 11. There was no testimony given by Defendant regarding a change in her current living standard versus that which she enjoyed prior to Plaintiff s filing of the Divorce Complaint. 12. It is assumed that Alimony Pendente Lite is awarded only where the parties are living separate and apart as it is a form of support. Litman v. Litmans, id at 388 citing Demasi V. Demasi, 408 Pa. Super. 414, 597 A.2d 101, 104 (1991) citing McNulti v. McNulti, 347 Pa. Super. 363, 500 A.2d 876, 878-880 (1985). 13. Alimony Pendente Lite is designed "to help the dependent spouse maintain the standard of living enjoyed while living with the independent spouse." Litmans v. Litmans, id. at 389. 14. Alimony Pendente Lite, by its very nature, is not to be awarded while Defendant is still living with the Plaintiff. 3 15. If an award of Alimony Pendente Lite is to be made to the Defendant, the amount must be reasonable and must take into consideration the character, situation and surroundings of the parties which, in turn, depend upon the economic resources available to each of the parties. Litman, supra. at 389 and Busse v. Busse, 921 A.2d 1248 (Pa. Super. 2007). 16. Defendant testified she has paid her counsel fees to date. 17. Plaintiff is of the opinion and therefore avers that it was inequitable to award Defendant Alimony Pendente Lite based upon the current circumstances as Defendant remains in the same household as Plaintiff, Defendant is not contributing to the maintenance of the household, that Defendant has a substantial monthly cash flow of approximately $1,825.00 from income and third party sources (i.e.: Social Security Benefits for deceased parent of her child), has paid her counsel fees, not experienced a change in her standard of living and, under those circumstances, it is inequitable and inappropriate to impose an Order of Alimony Pendente Lite and exception is taken to the recommendation on that basis filed. 18. Alimony Pendente Lite focuses on the ability of the individual who receives the Alimony Pendente Lite during the course of the litigation to defend him/herself, and the only issue is whether the amount is reasonable for the purpose which turns on the economic sources available to the spouse. Schenk v. Schenk 880 A.2d 633, 644-645 (Pa. Super. 2005). 19. Plaintiff is of the opinion and therefore avers that it is inequitable and an abuse of discretion to award Defendant Alimony Pendente Lite based upon the situation and circumstances of the parties, their respective incomes, the lack of any changes in the standard of Defendant's standard of living and exception is taken to the recommendation on that basis. 4 20. Plaintiff is of the opinion and therefore avers that it is inequitable that an award of Alimony Pendente Lite would be granted without imposing any correlative duty on the Defendant to make contributions to household maintenance and her living expenses while, at the same time, receiving Alimony Pendente Lite and living in the same household as the Plaintiff and an exception is taken to the recommendation on that basis. Respectfully submitted, & CHERNICOFF, P.C. Date: November 27, 2007 By: J daW.'Cunningham, Esquire A Supreme Court I.D. No. 23144 P.O. Box 60457 Harrisburg, PA 17106-0457 Attorneys for Plaintiff F:\Home\AHEWITT\DOCS\Q-S\SCHEID, RUSSELL\SUPPOR'nEXCEPTIONS TO MASTER'S REPORT 2.wpd CERTIFICATE OF SERVICE I do hereby state that on the day of November, 2007, I served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, PA 17013 Michael R. Rundle, Esquire Support Master Office of Domestic Relations Cumberland County Court of Common Pleas 13 North Hanover Street Carlisle, PA 17013 / 6? 9 el L. ewitt Legal Assistant r-Jp r~ t.tJ RUSSELL F. SCHEID, 111, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION By the Court, ROBIN SCHEID, PACSES NO. 624109372 Defendant DOCKET NO. 2007-1434 CIVIL ORDER OF COURT AND NOW, this .3o+*- day of Xny"e,--, 2007, the Plaintiff having filed exceptions to the Support Master's Report and Recommendation, it is hereby ordered as follows, pursuant to Rule 1910.12, C.C.R.P.: 1. The stenographer for the Support Master shall transcribe and file the notes of testimony, and the Plaintiff shall bear the cost of the original transcript. 2. The Plaintiff shall file a brief, in these chambers, in support of the exceptions not later than fifteen (15) days from the date the transcript is filed. 3. The Defendant shall file a reply brief, in these chambers, not later than thirty (30) days from the date the transcript is filed. 4. The issues raised in the exceptions will be decided on the briefs unless either party, at the time of filing his or her brief, requests oral argument or the Court directs that oral argument be held. If oral argument is held, it will be scheduled before this judge. J cn ? Cc: Russell F. Scheid, III Robin Scheid Jordan D. Cunningham, Esquire For the Plaintiff Marcus A. McKnight, III, Esquire For the Defendant Support Master DRO " TI °7n Z L J rM^? CTI RUSSELL F. SCHEID, III,: IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION--LAW ROBIN SCHEID, : PASCES No. 624109372 Defendant/Petitioner : No. 2007 -1434 CIVIL TERM IN RE: DEFENDANT'S EXCEPTIONS TO SUPPORT MASTER'S REPORT BEFORE OLER, J. ORDER OF COURT AND NOW, this 25th day of February, 2008, upon consideration of Plaintiff's exceptions to the Support Master's Report, and for the reasons stated in the accompanying opinion, the exceptions are denied and the interim order of court dated November 9, 2007, is entered as a final order. BY THE COURT, I t , J esley r, Jr., J. ` Michael R. Rundle, Esq. -?ud a?as5jof Cumberland County Support Master A41 X ./°ordan D. Cunningham, Esq. P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Plaintiff/Respondent 00rarcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant/Petitioner INA, Z3 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 07-1434 CIVIL State Commonwealth of Pennsylvania O Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 04/25/08 O Terminate Order/Notice Case Number (See Addendum for case summary) RE:SCHEID, RUSSELL F. III Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 186-46-7479 Employee/Obligor's Social Security Number EXEL INC 0047101798 570 POLARIS PKWY Employee/Obligor's Case Identifier WESTERVILLE OH 43082-8029 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'stobligor's income until further notice even if the Order/Notice is not issued by your State. $ Soo. oo per month in current support $ 0. 00 per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ 0. oo per month in current and past-due medical support $ 0. oo per month for genetic test costs $ 0, oo per month in other (specify) for a total of $ 500.00 per month to be orwar to payee 5elo-w. 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: $ 115.38 per weekly pay period. $ - 230.77 per biweekly pay period (every two weeks). $ 250, oo per semimonthly pay period (twice a month). $ Soo. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: APR 2 8 2008 EDWARD E. GUIDOF JUDGE DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMB No.: 09700154 Worker I D $ IATT 500* x 12?f 52» . 9 500- 20 +. 6»= 230 77* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required, to provide a Copy of this form to your m loyee. If yo r employee orks in a state Pa V dit Brent from the state that issued this order, a copy must be provi?ec?to your employee even if t?le box is not chec s ? d. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0428011600 EMPLOYEE'S/OBLIGOR'S NAME: SCHEID, RUSSELL F. III EMPLOYEE'S CASE IDENTIFIER: 0047101798 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor 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 govems. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT Service Type M Page 2 of 2 Form EN-028 Rev. 1 Worker ID $IATT OMB No.: 0970-0154 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCHEID, RUSSELL F. III PACSES Case Number 624109372 PACSES Case Number Plaintiff Name Plaintiff Name ROBIN C. SCHEID Docket Attachment Amount Docket Attachment Amount 07-1434 CIVIL$ 500.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker I D $IATT v Cr 7-1 CC) N RUSSELL F. SCHEID, III, Plaintiff/Respondent V. ROBIN C. SCHEID, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 1434 CIVIL TERM PACSES CASE NO. 624109372 PETITION FOR MODIFICATION OF ALIMONY PENDENTE LITE AND NOW, comes ROBIN C. SCHEID, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The Petitioner/Defendant is Robin C. Scheid, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent/Plaintiff is Russell F. Scheid, 111, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Petitioner and Respondent were married on March 29, 1996, in the state of Delaware. The parties live separate and apart in the same household. 4. Prescription costs, eyeglasses and vision expenses, as well as dental costs have increased. The Petitioner's automobile requires repairs and tires. She also requires new computer software for her schooling since her computer was hacked into and rendered useless by the Respondent. Respectfully submitted, 5. The Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner, Robin C. Scheid, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. IRWIN & By: Date: December 1, 2008 2 Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Petitioner VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ROBIN C. SCHEID Date: December 1, 2008 4 r ro RUSSELL F. SCHEID, III, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM ROBIN C. SCHEID, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 624109372 ORDER OF COURT AND NOW, this 4th day of December, 2008, a petition has been filed against you, Russell f. Scheid, III , to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on January 7, 2009 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marcus A. McKnight, 111, Esq. Jordan D. Cunningham, Esq. Date of Order: December 4, 2008 J. S dday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND EPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 na + .. . 4 1 - RUSSELL F. SCHEID, III, Plaintiff/Respondent VS. ROBIN C. SCHEID, Defendant/Petitioner AND NOW to wit, this 7th Petitioner's Petition for prejudice, pursuant to no change in income or Petitioner's part time This Order shall become the entry of the order to the parties Relations Section for a hearing de DRO: R.J. Shadday xc: Petitioner Respondent Marcus A. McKnight, Esq. Jordan D. Cunningham, Esq. Service Type: M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM IN DIVORCE PACSES CASE: 624109372 ORDER OF COURT of January 2009, it is hereby Ordered that the of the Alimony Pendente Lite is dismissed, without nor a substantial change in the Respondent's ing capacity. twenty (20) days after the mailing of the notice of either party files a written demand with the Domestic before the Court. BY THE Edward E. Guido, J. Form OE-001 Worker: 21005 rr RUSSELL F. SCHEID, III, Plaintiff/Respondent V. ROBIN C. SCHEID, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 1434 CIVIL TERM PACSES CASE NO. 624109372 PETITION TO REQUEST HEARING DE NOVO AND NOW, comes ROBIN C. SCHEID, by and through her attorneys, IRWIN & McKNIGHT, P.C., and petitions this Honorable Court as follows: 1. The Petitioner/Defendant is Robin C. Scheid, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent/Plaintiff is Russell F. Scheid, III, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Honorable J. Wesley Oler, Jr. issued an Order of Court dated February 25, 2008 in this case deciding the previous support appeal. A copy of said Petition is attached hereto and made marked as Exhibit "A" and made a part of this Petition. 4. The Petitioner, Robin C. Scheid, filed a Petition for Modification of Alimony Pendente Lite on December 2, 2008. A copy of said Petition is attached hereto and made marked as Exhibit "B" and made a part of this Petition. 2 5. An Order of Court was issued on January 7, 2009, dismissing the Petition, a copy of said Order is attached hereto and marked as Exhibit "C" and made a part of this Petition. 6. The Petitioner, Robin C. Scheid, is appealing the decision by Order of Court dated January 7, 2009. 7. The Petitioner's counsel has not sought concurrence from opposing counsel as this is an appeal from Order of Court dated. 8. The Honorable Edward E. Guido, has ruled upon other issues regarding this case. WHEREFORE, Petitioner, Robin C. Scheid, respectfully requests that this Honorable Court schedule a hearing de novo appealing the Order of Court dated January 7, 2009 regarding the issue of Alimony Pendente Lite. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Mares A. cKnight, I, Esquire 60 West P mfret Street Carlisle, P 7013 Supreme Court o: 25476 (717) 249-2353 Attorney for the Petitioner Date: January 15, 2009 3 EXHIBIT "A" RUSSELL F. SCHEID, III,: IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY. PENNSYLVANIA V, : CIVIL ACTION--LAW ROBIN SCHEID, : PASCES No. 624109372 Defendant/Petitioner : No. 2007 -1434 CIVIL TERM IN RE: DEFENDANT'S EXCEPTIONS TO SUPPORT MASTER'S REPORT BEFORE OLER, J. ORDER OF COURT AND NOW, this 25"' day of February, 2008, upon consideration of Plaintiffs exceptions to the Support Master's Report, and for the reasons stated in the accompanying opinion, the exceptions are denied and the interim order of court dated November 9, 2007, is entered as a final order. Michael R. Rundle, Esq. Cumberland County Support Master Jordan D. Cunningham, Esq. P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for Plaintiff/Respondent Nfircus A. McKnight, III, Esq. 0 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant/Petitioner BY THE COURT, J RECEIVED FEB ` 7 2008 IR'WIN & MrKNO! _A'A! OFFIC'E' RUSSELL F. SCHEID, III,: IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION--LAW ROBIN SCHEID, : PASCES No. 624109372 Defendant/Petitioner : No. 2007 -1434 CIVIL TERM IN RE: DEFENDANT'S EXCEPTIONS TO SUPPORT MASTER'S REPORT BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., February 25, 2008. In this divorce action, Defendant wife filed a petition for alimony pendente lite.? The matter was ultimately the subject of a hearing conducted by the Cumberland County Support Master.2 In his master's report, the master recommended an alimony pendente lite payment on the part of Plaintiff husband to. Defendant wife in the amount of $500.00 per month.3 An interim order was entered in accordance with the master's report.4 For disposition at this time are exceptions to the support master's report filed by Plaintiff husband.5 The exceptions consist of five pages, but the issues being pursued have been expressed in Plaintiff's brief in support of the exceptions as follows: 1. Whether the Support Master Erred Abused His Discretion In Finding the Need for the Award of Alimony Pendente Lite Based Upon the General Character, Situation and Surroundings of the Parties; the Husband's Ability to Pay; and the Separate Income of the Wife? 1 Defendant's Petition for Alimony Pendente Lite, filed August 6, 2007. N.T. 1-93, Hearing, November 6, 2007 (hereinafter N.T. __). ' Support Master's Report and Recommendation at 4, filed November 9, 2007 (hereinafter Support Master's Report at_). 4 Interim Order of Court, November 9, 2007 (Guido, J.). ' Plaintiff's Exceptions to the Support Master's Recommendations, filed November 29, 2007. 2. Whether the Support Master Abused his Discretion in Finding Alimony Pendent Lite was Necessary in Light of the Economic Equality Which Exists Between the Parties and the Lack of Wife's Financial Disadvantage Based Upon the Circumstances of the Case? 3. Whether the Support Master Abused His Discretion in Awarding Alimony Pendente Lite When the Parties Still Reside in the Marital Residence?6 For the reasons stated in this opinion, Plaintiff's exceptions to the support master's report will be denied, and the interim order of court incorporating the master's recommendations will be entered as a final order. STATEMENT OF FACTS Plaintiff is Russell F. Scheid, III, an adult individual residing at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania.7 Plaintiff is Robin Scheid, an adult individual also residing at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania.8 The parties were married on March 295 1996.9 Two sons born of the marriage, aged 11 and 9, and a daughter of the mother by a prior relationship, aged 15, also live in the residence. 10 Plaintiff husband filed a no-fault divorce complaint under Sections 3301(c) (mutual consent) and 3301(d) (two-year separation and irretrievable breakdown) of the Divorce Code against Defendant wife on March 14, 2007.11 The parties have put their home up for sale,t2 occupy separate bedrooms, 13 live "in a state of separateness in the same household," 14 and conduct their financial affairs 6 Brief in Support of Plaintiff's Exceptions to the Support Master's Recommendations at 5. ' N.T. 4, 58. ' N.T. 4-5. ' N.T. 4. 10 N.T. 5-6. ?? Plaintiffs Complaint in Divorce under Section 3301(C) or (D) of the Divorce Code, filed March 14, 2007. An amended divorce complaint, adding an indignities ground, was filed on September 6, 2007. ?2 N.T. 60. " N.T. 79. ?' N.T. 83. 2 separately.15 Notwithstanding the filing of the complaint, Plaintiff husband has chosen to remain in the marital residence and Defendant wife is financially unable to reside elsewhere. 16 Plaintiff husband is employed as a "transportation manager" for a company which operates warehouses called Excel, 17 with a gross annual salary of $91,358.28" and, in 2007, a performance bonus of $16,985.30.' If Plaintiff's testimony that he does not anticipate a similar bonus under present circumstances 20 is not credited, his gross earned income per month would total $9,028.63; if it is credited, his gross earned income per month would total $7,613.19. Among his expenses are $2,500.00 a year in gifts, 21 but he claimed to be "right on the edge" f nancially.22 Defendant mother's gross monthly income from part-time hourly employment as a home care provider is $555.49.23 As the result of the death of her daughter's father in 2002, Defendant also receives. $1,273.00 per month in social security benefits for the support of that child. 14 When Plaintiff father filed for divorce, he closed out the parties' joint checking accounts, with the result that Defendant mother "has no access to any money"25 and is incurring personal expenses, including legal fees, far in excess of "N.T. 8, 33-36, 43, 55, 64, 69, 71, 83-84, 86-87, 93. 16 N.T. 8. 17 N.T. 12. is Petitioner's Ex. 17, Support Master's Hearing, November 6, 2007 (hereinafter Petitioner's/Respondent's Ex. _). 19 N.T. 82; Petitioner's Ex. 17. 20 N.T. 86. 21 Respondent's Ex. 1. z2 N.T. 68. Z' N.T. 31-32; Petitioner's Ex. 1. za N.T. 6. 2s N.T. 8. 3 her earned income.26 Her current balance due for legal services is $900.00.21 She is postponing financial disaster by the device of amassing a large credit card account debt.28 She also suffers from an autoimmune disease.29 Plaintiff father has been paying most of the expenses related to the home in which he and Defendant reside,30 including mortgage payments totaling $1,816.00 per month.31 He also pays $218.66 per month for health insurance coverage on himself, Defendant, the parties' two children, and Defendant's daughter. 32 Based upon these facts, the Cumberland County Support Master concluded that Defendant wife was entitled to alimony pendente lite.J3 Declining to include in Plaintiff husband's income any bonus amount, 34 and utilizing a standard computer program employed in domestic relations cases for a determination of tax and similar deductions and credits,35 the master calculated the amount to be recommended as follows: "N.T. 12-23, 50; Petitioner's Ex. 6. 2' N.T. 57. 28 N.T. 43, 55. As of the support master's hearing, the debt on this credit card account had risen to $16,497.00. N.T. 43. 29 N.T. 21. 30 N.T. 34. 31 N.T. 63. 32 N.T. 61-62. 33 Support Master's Report at 3. 34 See Support Master's Report at 3 n.2. The bonus received in 2007 by Defendant husband was relegated, in the master's proposed scheme, to the process of equitable distribution. Id, 35 See Support Master's Report, Ex. "A" (Tax Detail Report). In Cumberland County domestic relations matters a standard computer program is routinely utilized for purposes of calculating taxes and similar items, deductible from gross income under Pennsylvania Rule of Civil Procedure 1910.16-2. "Typically, a computer program is utilized by the Domestic Relations Office to derive the proper tax and F.I.C.A. figures based upon a party's gross income, filing status and exemptions taken." Seely-Burnham v. Burnham, 52 Cumberland L.J. 48, 52 (2002); see Cunningham v. Cunningham. 49 Cumberland L.J. 219, 224 n.32 (2000). "The use of a standard tax computer program to calculate these deductions, which is routine practice in domestic relations cases, avoids problems inherent in relying upon such potential contrivances as individual withholding 4 Because the entire family resides in the marital residence, the Husband will be considered the custodial parent of the parties' children in calculating his obligation to pay alimony pendente lite to his wife. The methodology of calculating the award of alimony pendente lite is set forth in Pa. R.C.P. 1910.16-4(c). It is a four step procedure. Initially, the Husband's support obligation to the Wife is calculated using the net monthly incorne of the parties and the formula without dependent children. The Husband has gross monthly income of $7,613.00. Filing his federal income tax return as head of household with two children claimed as dependency exemptions, he has net monthly income of $5,589.00. The Wife has gross monthly income of $556.00. Filing her federal income tax return as married/separate with one child, her daughter Amanda, claimed as a dependency exemption, she has net monthly incorne of $679.00. The spousal support obligation is 40% of the difference of the parties' respective incomes, or $1,964.00 per month. This figure is then added to the Wife's net monthly income and subtracted from the. Husband's. The adjusted net incornes become $3,625.00 for the Husband and $2,643.00 for the Wife. The Wife's obligation to support he children is calculated utilizing these adjusted figures. With combined net monthly income of $6,268.00 the basic requirement for the support of two children is $1,417.00 per month. The Wife's proportionate share of that amount is $598.00. This is adjusted upward due to the Husband's payment of health insurance coverage to $671.00 per month. The child support obligation is deducted from the $1,964.00 spousal support obligation.calculated in the first step leaving a balance of $1,293.00 per month payable by the Husband as alimony pendente lite under the-guidelines. However, several factors dictate a deviation from this figure. The Husband is paying the Wife's housing costs as well as the housing costs of her daughter, ... for whom lie has no legal support obligation. The Wife is receiving the sum of $1,273.00 per month in social security survival benefits for the benefit of [her daughter], which she is using primarily to pay her own living expenses. Taking these factors into consideration, a recommendation is made that the Husband pay the sum of $500.00 per month as alimony pendente lite." The exceptions of Plaintiff husband to the support master's report were filed on November 29, 2007.3' Briefs have been received from both parties. 38 schemes, which do not always correspond to the taxpayer's actual obligations." Murray, v. Kalinoski, No. 01-1097 Support (Cumberland Co. August 15, 2007) (slip op. at 5. 11.38), quoting Parlati v. Morton, 53 Cumberland L.J. 169, 174-75 (2004). In the present case, a negative tax result increased the Defendant mother's net monthly income amount for purposes of an alimony pendente calculation by $123.54. See Support Master's Report, Ex. "A" (tax detail report). 36 Support Master's Report at 3-4 (footnotes omitted) 37 Plaintiff's Exceptions to the Support Master's Recommendations, filed November 29, 2007 5 DISCUSSION Statement of law. On a review of a support master's report, a trial court is to employ the same standard as is applicable to a review of a divorce master's report. Goodman v. Goodman, 375 Pa. Super. 504, 507, 544 A.2d 1033, 1035 (1988). "While such a report is to be given the fullest consideration, especially with regard to the credibility of witnesses," the findings and conclusions are advisory rather than binding. Id.; see McCurdy v. McCurdy, No. 02-0097 Support (slip op.) (Cumberland Co. 2002) (Hess, J.). Thus, on exceptions to a master's report, "[i]t is the sole province and responsibility of the [trial] court to set an award* of support, however much it may choose to utilize a master's report." Goodman v. Goodman, 375 Pa. Super. 504, 507-08, 544 A.2d 1033, 1035 (1988). "[Alimony pendente lite] is based on the need of one spouse to have the financial resources to pursue or defend a divorce action." Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001) (citation omitted). In this context, a. significant economic advantage is rightly viewed as "the financial sinews of domestic warfare." Litman v. Litmans, 449 Pa. Super. 209, 223, 673 A.2d 382, 388 (1996). "The claimant must show that APL is needed to adequately his or her rights in the litigation." Clouse v. Clouse, 50 Cumberland L.J. 167, 170 (2001). The fact that spouses reside in the same household is not in itself an impediment to an action for divorce, or to an action for support. See, e.g., McCoy v. McCoy, 2005 PA Super 411, 888 A.2d 906 (divorce action); Biler v. Biler, 353 Pa. Super. 49, 508 A.2d 1261 (1986) (support action). Furthermore, parties are presumed to be living "separate and apart" as of the date of the filing of a divorce complaint. Act of December 19, 1990, P.L. 1240, §2, as amended, 23 Pa. C.S. §3103 (2007 Supp.). Given the above-stated purpose of alimony pendente lite, and the foregoing legal review, there is no basis in logic, judicial precedent or 38 Brief in Support of Plaintiff's Exceptions to the Support Master's Recommendations, submitted January 17, 2008; Brief of Robin Scheid, Defendant in Opposition to the Exceptions of Russell F. Scheid, 111, Plaintiff to the recommendations of the Support Master, submitted February 4, 2008. 6 statute to hold that a commonality of residence of parties in a divorce action is in itself an impediment to an APL award. "[I]f an award of alimony pendente lite is warranted in a pending divorce case, the method of calculating the award is pursuant to the Pennsylvania support guidelines which are the same guidelines used for calculating spousal support." Little v. Little, 47 Cumberland L.J. 131, 134 (1998); see Pa. R.C.P. 1910.16-1(b). The amount calculated in accordance with the support guidelines is the presumptively correct figure to be applied in a given case. Pa. R.C.P. 1910.16- l(b). However, where the amount prescribed by the guidelines would be "unjust or inappropriate," a deviation is warranted. Id.; see also Pa. R.C.P. 1910.16-5. The guidelines are designed to treat similarly situated parents, spouses and children in the same manner. However, when there are unavoidable differences, deviations must be made from the guidelines. Failure to deviate from the[] guidelines by considering a party's actual expenditures where there are special needs and special circumstances constitutes a misapplication of the guidelines. Comment, Pa. R.C.P. 1910.16-1. Such deviations lie within the sound discretion of the trial court. Ricca v. Novitski, 2005 PA Super 121, 871 A.2d 75. Application of law to facts. In the present divorce action, initiated by Plaintiff husband, the tremendous disparity in incomes of the parties and the debt- ridden personal financial circumstances of Defendant wife have created a financially adhesive relationship between the parties and a situation in which it is unrealistic to believe that Defendant can fairly compete in an economic sense in her defense of the action. Nor does the commonality of the parties' residence preclude the award of APL to which she would be otherwise entitled, where the parties are living separate and apart, both physically and financially. It thus appearing to the court that Defendant wife has shown her entitlement to an award of alimony pendente lite, a calculation of the presumptive amount of the award under the support guidelines yields the figure arrived at in the master's report. 7 A deviation downward from that figure, as recommended by the master, based in large part upon Plaintiff's payment of most expenses related to the marital residence, is consistent with the intent of the Rules of Civil Procedure. The extent of the deviation recommended by the master, amounting to a reduction of the presumptive figure by more than 60%, is in the court's view, generous to the Plaintiff, who himself benefits from these payments by virtue of his occupancy of the premises and co-ownership of the property. Based upon the foregoing, the following order of court will be entered. ORDER OF COURT AND NOW, this 25`x' day of February, 2008, upon consideration of Plaintiff's exceptions to the Support Master's Report, and for the reasons stated in the accompanying opinion, the exceptions are denied and the interim order of court dated November 9, 2007, is entered as a final order. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Michael R. Rundle, Esq. Cumberland County Support Master Jordan D. Cunningham, Esq. P.O. Box 60457 Harrisburg, PA 17106-0457 Attorney for PI ainti ff/Respon dent Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant/Petitioner 8 EXHIBIT "B" RUSSELL F. SCHEID, III, Plaintiff/Respondent V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 1434 CIVIL TERM ROBIN C. SCHEID, R; Defendant/Petitioner PACSES CASE NO. 624109372, ' Q: -) T PETITION FOR MODIFICATION OF r' ALIMONY PENDENTE LITE - ' - AND NOW, comes ROBIN C. SCHEID, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The Petitioner/Defendant is Robin C. Scheid, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent/Plaintiff is Russell F. Scheid, III, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Petitioner and Respondent were married on March 29, 1996, in the state of Delaware. The parties live separate and apart in the same household. 4 Prescription costs, eyeglasses and vision expenses, as well as dental costs have increased. The Petitioner's automobile requires repairs and tires. She also requires new computer software for her schooling since her computer was hacked into and rendered useless by the Respondent. 5. The Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner, Robin C. Scheid, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & McIAGHT By. M,pfcus A. McK.nigh Esquire 60 West Pomfret Stree Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Petitioner Date: December .l, 2008 2 VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. ROBIN C. SCHEID Date: December 1, 2008 4 EXHIBIT "C" RUSSELL F. SCHEID, III, Plaintiff/Respondent VS. ROBIN C. SCHEID, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM IN DIVORCE PACSES CASE: 624109372 ORDER OF COURT AND NOW to wit, this 7th day of January 2009, it is hereby Ordered that the Petitioner's Petition for Modification of the Alimony Pendente Lite is dismissed, without prejudice, pursuant to no change in circumstances nor a substantial change in the Respondent's income or Petitioner's part time earning capacity. This Order shall become final twenty (20) days after the mailing of the notice of . the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Marcus A. McKnight, Esq. Jordan D. Cunningham, Esq. Service Type: M RECEIVED p 200-4 Form OE-001 li Worker: 21005 IRWIN & *KNIGH Y LAW OFFICE`: RUSSELL F. SCHEID, III, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM ROBIN C. SCHEID, IN DIVORCE Defendant/Petitioner PACSES CASE: 624109372 NOTICE OF BIGHT TO REQUEST A HANG The parties are hereby advised that they have until Jaguary 27LM to request a hearing do novo before the Court. File request in person at: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 Or mail to: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 CC363 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PACSES Case Number: 624109372 Docket Number: 07-1434 CIVIL Other State ID Number: Please note: All correspondence must include the PACSES Case Number. JANUARY 7, 2009 SUMMARY OF TRIER OF FACT Plaintiff Information ROBIN C. SCHEID Address: PO BOX 271 CARLISLE. PA 17013-0271 Employer: Attorney: MARCUS A. MCKNIGHT, III, ESQ. Defendant Information RUSSELL F. SCHEID III Address: PO BOX 699 NEW KINGSTOWN PA 17072-0699 Employer: EXEL INC* 570 POLARIS PKWY WESTERVILLE OH 43082-8029 Attorney: JORDAN D. CUNNINGHAM, ESQ. ? Complaint for Support ® Petition for Modification Filed 12 / 0 2 / 0 8 ? Other Reason for Conference: WIFE FILED FOR AN INCREASE OF APL. Dependent(s) Current Order: $ 5 o o . o o / per month 11/09/07 SUPPORT MASTER ORDER. Form CM-022 Rev.3 Service Type M Worker ID 21005 SCHEID V. SCHEID Plaintiff Information Current Income: $555.60/M GROSS EARNING CAPACITY (INCOME AMT USED BY THE S.M. WHEN WIFE WORKED APPROX 12.5 HRS PER WK @ $10.25/HR AS HOME HEALTH AIDE) Tax Return: H-2 (CLAIMING DAUGHTER FROM PREVIOUS MARRIAGE) Medical Coverage: HUSBAND HAS COVERAGE Child Care/Tuition: Additional Obligations: ONE CHILD FROM A PREVIOUS MARRIAGE THAT CHILD IS NOW 16 YRS OF AGE & CONTINUES TO RECEIVE SS BENEFITS FROM HER DECEASED FATHER.(CURRENT AMT UNKNOWN, LAST KNOWN WAS $1273/M Other Information: PACSES Case Number: 624109372 Defendant Information $3584.50/B GROSS $3513.78/B GROSS USED BY THE S.M. H-3 (CLAIMING THE TWO CHILDREN BORN OF THE PARTIES. AGES 12 & 10 YRS) NO BONUS FOR 2008 $101.71/B FOR FAMILY INCLUDING WIFE'S DAUGHTER HUSBAND PAYS THE HOUSEHOLD EXPENSES -THE PARTIES ARE STILL RESIDING THE MARITAL RESIDENCE AND CONSIDER THEMSELVES LIVING SEPARATE AND APART. THE MARITAL HOME IS STILL LISTED FOR SALE. -THE DIVORCE IS PENDING, DISCOVERY HAS BEEN EXCHANGED, AND HUSBAND WILL BE REQUESTING A HEARING BEFORE THE DIVORCE MASTER. HUSBAND HAD FILED FOR DIVORCE ON 3/14/07 WIFE HAS NOT WORKED PART TIME SINCE 1/08. SHE IS ENROLLED AND ATTENDING AS A FULL TIME STUDENT AT ITT TECH. INSTITUTE IN THE COMPUTER SYSTEMS CURRICULUM. SHE ATTENDS CLASSES APPROXIMATELY 15 HRS PER WEEK. SHE ANTICIPATES COMPLETING HER SCHOOL PROGRAM IN 3/10. HUSBAND IS A TRANSPORTATION MANAGER AT EXCEL SINCE 2003. HE WAS NOTIFIED IN 11/08 THAT THE LOGISTICS CONTRACT WITH GLIDDEN PAINTS WILL NOT BE RENEWED AND THAT CONTRACT WAS UNDER HIS MANAGEMENT. AT THIS POINT,_ HE WILL NOT HAVE A POSITION, EFFECTIVE 1/31/09 THERE ARE NO SIMILAR POSITIONS IN THE AREA AT THIS TIME. HE IS ANTICIPATING A POSSIBLE TEMPORARY TRAVEL POSITION WITH EXCEL AND IS LOOKING FOR EMPLOYMENT IN HIS FIELD. Page 2 of 3 Form CM-022 Rev.3 SCHEID V. SCHEID PACSES Case Number: 624109372 Other Information (continued): WIFE CLAIMS LEGAL FEES IN THE AMOUNT OF $5516.25, TO DATE. HUSBAND HAS PAID $8596.66 IN APL, TO DATE. HUSBAND CLAIMS A MONTHLY AVERAGE HOUSEHOLD EXPENSE OF $5,917.27 IN 2008 AND TOTAL YEARLY EXPENSE OF $71,007.18 FOR 2008. Facts Agreed Upon: PARTIES ARE STILL RESIDING IN THE SAME HOUSEHOLD Facts in Dispute and Contentions with Respect to Facts in Dispute: WIFE IS LIVING ON A CREDIT CARD. WIFE CLAIMS PAYING FOR PRESCRIPTIONS FOR THE PARTIES CHILDREN. HUSBAND HAS NEVER RECEIVED ANY VERIFICATION OF THE COSTS FROM WIFE. HE DOES PAT THE CO-PAY FOR THE CHILDREN AS THEY ARE BILLED TO HIM. Guideline Amount: $ o. o o t . DRS Recommended Amount: $ 5 o o . o o / MONTH DRS Recommended Order Effective Date: 12/02/08 Parties to be Covered by Recommended Order Amount: WIFE FOR APL ORDER TO REMAIN THE SAME, PETITION I3 DISMISSED, WITHOUT PREJUDICE. Guideline Deviation: O YES or ONO Reason for Deviation: Submitted by: R. J. SHADDAY Date Prepared: JANUARY 7, 2009 Page 3 of 3 Form CM-022 Rev.3 Service Type M Worker ID 21005 RUSSELL F. SCHEID, III, Plaintiff/Respondent V. ROBIN C. SCHEID, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 1434 CIVIL TERM PACSES CASE NO. 624109372 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jordan D. Cunningham, Esq. Cunningham & Chernicoff, P.C. P. O. Box 60457 Harrisburg, PA 17106-0457 IRWIN & McKNIGHT, P.C. X?F By: Marius c-Knighq , Esquire 60 est :PA fret Street arlisle, 7013 7) 2453 Supre rt I.D. No. 76 Date: January 15, 2009 c'> c.... s; » ; :-? s ?, _ -?s .. ? :'x b`t u., -' ` . ?.., .. ? ? r ?? ? ?;? - ? - ' . c ?? ?,, =, c_? :.? N a om t' ? I e . -. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID ) Docket Number 07-1434 CIVIL Plaintiff ) vs. ) PACSES Case Number 624109372 RUSSELL F. SCHEID III ) Defendant ) Other State ID Number ORDER OF COURT You, RUSSELL F. SCHEID III plaintiff/defendant of PO BOX 699, NEW KINGSTOWN, PA. 17072-0699-99 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the FEBRUARY 26, 2009 at a: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 213 02 SCHEID V. SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker ID 21302 C? - ? _ -? - - - -,-a ,?? ;? - ?,? _ t.a _ _ _- ? } .. j In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID ) Docket Number 07-1434 CIVIL Plaintiff ) VS. ) PACSES Case Number 624109372 RUSSELL F. SCHEID III ) Defendant ) Other State ID Number ORDER OF COURT You, ROBIN C. SCHEID plaintiff/defendant of PO BOX 271, CARLISLE, PA. 17013-0271-71 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the FEBRUARY 26, 2009 at 8: 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 ,- I A SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 1'.0-C 3- dtk v• SCHEID <; --1 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERL comply with the Americans with Disabilities Act of 1 facilities and reasonable accommodations available t( before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. Service Type M Page 2 of 2 AND County is required by law to 990. For information about accessible disabled individuals having business 240-6225 - All arrangements must be before the court. You must attend the Form CM-509 Rev. 1 Worker ID 21302 '`* Cv ?':? Ryt ?1 ?a _ w ,,. N ? -- :: "<. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PO BOX 699, NEW KINGSTOWN, PA. 17072-0699-99 Docket Number PACSES Case Number ) Other State ID Number ORDER OF COURT 07-1434 CIVIL 624109372 You, RUSSELL F. SCHEID III plaintiff/defendant of ROBIN C. SCHEID Plaintiff VS. RUSSELL F. SCHEID III Defendant are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 7, 2009 at 10 : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 -I SCHEID v• SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 3 4-vi JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Rev. 1 Worker ID 21302 rte' 7 +? ..?-z ?_ '? _ ?? `? r, sue. e (.? . t, _. ,}j-s, c,:, i m In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID Plaintiff VS. RUSSELL F. SCHEID III Defendant Docket Number PACSES Case Number ) Other State ID Number ORDER OF COURT You, ROBIN C. SCHEID PO BOX 271, CARLISLE, PA. 17013-0271-71 are ordered to appear at DOMESTIC RELATIONS HEARING RM 07-1434 CIVIL 624109372 plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 7, 2009 at 10 : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 SCHEID v. SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: 3-1-01 BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker ID 21302 C l ? ..? ?. CO ?' i r RUSSELL F. SCHEID III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION ROBIN C. SCHEID, : PACSES NO. 624109372 Defendant/Petitioner: DOCKET NO. 07-1434 CIVIL ORDER OF COURT AND NOW, this 7th day of April, 2009, this matter having been scheduled for a hearing de novo before the Support Master on the Wife's petition for modification of an order of alimony pendente lite, and the Wife having withdrawn her request for said hearing with the consent of the Husband, upon recommendation of the Master it is ordered and decreed that the Wife's petition for modification is dismissed. By the Court, Ed Cc: Robin C. Scheid Russell F. Scheid III Marcus A. McKnight III, Esquire For the Defendant/Petitioner .Z o v Jordan D. Cunningham, Esquire For the Plaintiff/Respondent b DRO r- ? v N ?o N y? uz, W FILED-0` ICE OF THEE PRi -ICNOTARY 2009 APP -8 Phi 3- 0 4 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RUSSELL F. SCHEID III Docket Number 07-1434 CIVIL Plaintiff ) vs. ROBIN C. SCHEID PACSES Case Number 624109372 ) Defendant ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The Petition of RUSSELL F. SCHEID III respectfully represents that on JANUARY 7, 2 0 0 9 , an Order of Court was entered for the support of ROBIN C. SCHEID A true and correct copy of the order is attached to this petition. Form Service Type M OM-501 Worker ID 21504 Ab SCHEID V. SCHEID PACSES Case Number: 624109372 2. Petitioner is entitled to 0 increase rease 0 termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: Jo/ ?/ n ?f/ A L c .C _- ` 1 l -• r,, o h - / c? e.r b G c ?/ o ?. d ? j.. ? ` G/ Gl ? ?,/ ?- o )i,-.l /?) c / f G- h. a h /".c 1 / .-? -c j• ?S G v •L cy? c t V GJt? to p,?fa:i. c ja? 2.? ?itL f•c`c??JW 51`7,2?0 h yj c Al'. /- ?i ?.?!1 -c I? ` Y c. !/m f? / C.. C G / : d A. -2 le, cr yy-e Qr. WHEREFORE, Petitioner requests that the Court modify the existing order for support. a? Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. ,el / <, l 5 Date Service Type m etitioner Page 2 of 2 Form OM-501 Worker ID 21504 OF THE PRO "Y" OT Y 2009 APR 27 PH 3: 21 t ?kI =,t L??1J •'i?? RUSSELL F. SCHEID, III, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM ROBIN C. SCHEID, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 624109372 ORDER OF COURT AND NOW, this 30th day of April, 2009, a petition has been filed against you, Robin C. Scheid, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on May 21, 2009 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jordan D. Cunningham, Esq. Marcus A. McKnight, III, Esq. 4,Z f Date of Order: April 30, 2009 •.? W J. S Il day, onference Officer 7r YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 OF TH7 i'^?"' t '1`i,1F'R'v, State Commonw Co./City/Dist. of C Date of Order/Notice Case Number (See Employer/Withholder's ( EXEL INC* 570 POLAR I.' WESTERVIL l See A ORDER INFORMA ) from CUMBER] amounts from the ab, issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0. 0 $ 0. 0 $ 0.(0 $ 0. 0 $ 0.(0 $ 0-14431 bulk ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05/21/09 dendum for case summary) EIN PKWY OH 43082-8029 Employee/Obligor's Name (Last, First, MI) 186-46-7479 Employee/Obligor's Social Security Number 0047101798 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) for dependent names and birth dates associated with cases on attachment. This is an Order/Notice to Withhold Income for Support based upon an order for support County, Commonwealth of Pennsylvania. By law, you are required to deduct these amed employee's/obligor's income until further notice even if the Order/Notice is not per month in current child support per month in past-due child support Arrears 12 weeks or greater? 0 yes ® no per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ o . 0o per month to be forwarded to payee below. You do not have t 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: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 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 empl yee 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 info mation is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania Stat Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. A FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, P YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Emp ogee/Obligor's Case f OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND ASH BY MAIL. BY THE Service Type M MAY 2 2 2009 "?`J`""7 Form EN-028 Rev. 4 OMB No.: 0970-0154 Worker I D $ IATT OOriginal Order/Notice OAmended Order/Notice (XTerminate Order/Notice OOne-Time Lump Sum/Notice RE:SCHEID. RUSSELL F. III ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifheck e€i y{ou are required to provide a opy of this form to your mployee. If yo r employee works in a state that is di Brent roach the state that issued this order, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholdin under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effe t before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Paymen : You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting ithholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Payd to/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/ obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor a d you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the infor nation requested and return a copy of this Order/Notice to the Agency identified below. 0428011600 THE PERSON HAS NE ER WORKED FOR THIS EMPLOYER : 13 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/ OBLIGOR'S NAME:SCHEID, RUSSELL F. III EMPLOYEE'S ASE IDENTIFIER: 0047101798 DATE OF SEPARATION: LAST KNOW HOME ADDRESS: LAST KNOW PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLO ER'S NAME/ADDRESS: 6. Lump Sum Payment : You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the empl yee%obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employ in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or t king disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obli or is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limit : You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and Mat 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for admini trative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 1 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calcu ate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: _ *NOTE: If you or you that issued this order v 11. Send Terminath gent are served with a copy of this order in the state that issued the order, you are to follow the law of the state i respect to these items. Notice and other correspondence to: DOMESTIC RE ATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $ IATT PACSES Case Number Plaintiff Name ROBIN C. SCHEID Docket Atta 07-1434 CIVIL$ Child(ren)'s Name(s): PACSES Case Num Plaintiff Name Docket ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCHEID, RUSSELL F. III 4109372 0.00 DOB Child(ren)'s Name DOB PACSES Case Numb Plaintiff Name Docket Attachment Amount 0.00 9 Child(ren)'s Name DOB Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT RUED, ?' I- -t RUSELL ?T. SCHEID, III Plaintiff/Respondent ROBIN C, VS. SCHEID , Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM IN DIVORCE PACSES Case No: 624109372 ORDER OF COURT Respondent is to maintain medical insurance on the Petitioner. BY THE COU A NOW to wit, this 21 st day of May, 2009 it is hereby Ordered that: the Alimony Pendente ite is suspended, effective May 1, 2009 with a credit of $246.19. Edward E. Guido, Jr. DRO: R.J. cc: Peti Jordan Cunningham, Esquire Marcus McKnight, Esquire Service Type: M J. Form OE-001 Worker: 21205 r -%? RUSSELL J. SCHEID, II, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM ROBIN C. CHEID, IN DIVORCE Defendant/Petitioner PACSES Case No: 624109372 NOTICE OF RIGHT TO REQUEST A HEARING Th? parties are hereby advised that they have until June 10, 2008 to request a hearing o novo before the Court. File request in person at: Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 Or mail to Office of the Prothonotary 1 Courthouse Square Carlisle, PA 17013 CC363 I- F4C.ED- w ?7 T 2009 PAY 22 F ? .y: 4 RUSSELL F. SCHEID, III, Plaintiff/Respondent V. ROBIN C. SCHEID, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 1434 CIVIL TERM PACSES CASE NO. 624109372 PETITION TO REOUEST HEARING DE NOVO AND NOW, comes ROBIN C. SCHEID, by and through her attorneys, IRWIN & McKNIGHT, P.C., and petitions this Honorable Court as follows: 1. The Petitioner/Defendant is Robin C. Scheid, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Respondent/Plaintiff is Russell F. Scheid, III, who currently resides at 17 West Mulberry Hill Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Respondent/Plaintiff, Russell F. Scheid, filed a Petition for Modification of Alimony Pendente Lite on April 24, 2009. A copy of said Petition is attached hereto and made marked as Exhibit "A" and made a part of this Petition. 4. An Order of Court was issued on May 21, 2009, suspending the existing Alimony Pendente Lite, a copy of said Order is attached hereto and marked as Exhibit "B" and made a part of this Petition. 2 5. The Petitioner, Robin C. Scheid, is appealing the decision by Order of Court dated May 21, 2009. 6. The Petitioner's counsel has not sought concurrence from opposing counsel as this is an appeal from Order of Court dated. 7. The Honorable Edward E. Guido, has ruled upon other issues regarding this case. WHEREFORE, Petitioner, Robin C. Scheid, respectfully requests that this Honorable Court schedule a hearing de novo appealing the Order of Court dated May 21, 2009 regarding the issue of Alimony Pendente Lite. Respectfully submitted, IRWIN &/jGIcKNIGHT, P.C. By: Marcus . McKnight, III, Esquire 60 West omfret Street Carlisle, PA 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the Petitioner Date: May 28, 2009 3 EXHIBIT "A" RUSSELL F. SCHEID, III, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM ROBIN C. SCHEID, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 624109372 ORDER OF COURT AND NOW, this 30th day of April, 2009, a petition has been filed against you, Robin C. Scheid, to modify an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on May 21.2009 at 1:30 P.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Jordan D. Cunningham, Esq. Marcus A. McKnight, III, Esq. Date of Order: ARri130.2009 4- t'z J. ShAb 11 day, onference Officer 7? * r YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 APR 2 4 2009 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RUSSELL F. SCHEID III Plaintiff vs. ROBIN C. SCHEID Defendant Docket Number 07-1434 CIVIL PACSES Case Number 624109372 ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of RUSSELL F. SCHEID III respectfully represents that on JANUARY 7, 2009 , an Order of Court was entered for the support of ROBIN C. SCHEID A true and correct copy of the order is attached to this petition. Form OM-501 Service Type M Worker ID 21504 SCHEID V. SCHEID PACSES Case Number: 624109372 2. Petitioner is entitled to O increase (DATc-r-e-ase, Q termination Q reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstance: l7lcr? ..?.[ ?t/ e/-'n,a /? s?es fie C041 fc e?. dukc?o/?? v ia-. j?/ / G. h o'I c h ?•c -c -c f •c v « cyc a J J" Q3. 'Z O O 7- 2?1.<f,'?c y?7l3 s t?.?? r1?o??Z/2?o /csr L- c c? yy C4r• HEREIORE, Petitioner requests that the Court modify the existing order for support. Petitioner Attorney for Petitioner I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. y 4 `i l Date etitioner Page 2 of 2 Form OM-501 Service Type M Worker ID 21504 EXHIBIT "B" RUSELL J. SCHEID, III Plaintiff/Respondent VS. ROBIN C. SCHEID , Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 07-1434 CIVIL TERM IN DIVORCE ? , PACSES Case No: 624109372 NAY 2 ORDER OF COURT AND NOW to wit, this 21 st day of May, 2009 it is hereby Ordered that: the Alimony Pendente Lite is suspended, effective May 1, 2009 with a credit of $246.19. The Respondent is to maintain medical insurance on the Petitioner. BY THE COU Edward E. Guido, Jr. DRO: R.J. Shadday cc: Petitioner Respondent Jordan Cunningham, Esquire Marcus McKnight, Esquire Service Type: M J. Form OE-001 Worker: 21205 RUSSELL F. SCHEID, III, Plaintiff/Respondent V. ROBIN C. SCHEID, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 1434 CIVIL TERM PACSES CASE NO. 624109372 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jordan D. Cunningham, Esq. Cunningham & Chernicoff, P.C. P. O. Box 60457 Harrisburg, PA 17106-0457 IRWIN & NU"IGHT, P.C. By: Marcus Al. McKni t, , Esquire 60 West omfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: May 28, 2009 4 FiL{i-? Clop4 4-o DRO In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID Plaintiff vs. RUSSELL F. SCHEID III Defendant Docket Number PACSES Case Number ) Other State ID Number ORDER OF COURT You, ROBIN C. SCHEID 17 W MULBERRY HILL RD, CARLISLE, PA. 17013-8410-17 07-1434 CIVIL 624109372 plaintiff/defendant of are ordered to appear at DOMESTIC RELATIONS HEARING RM o CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER -4TREff, CARLISLE, PA. 17013 p-- C before a hearing officer of the Domestic Relations Section, on the _ JULY 14 , 2009 at 8: 3 0AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-509 Rev. 1 Service Type M Worker ID 21302 SCHEID v. SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: I Date of Order: b-3-0 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. Service Type M Worker ID 21302 R i?lCE OF M. VARY 2009 JUN -4 PM 3: 34 %rl ? "LA • In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID ) Docket Number 07-1434 CIVIL Plaintiff ) vs. ) PACSES Case Number 624109372 RUSSELL F. SCHEID III ) Defendant ) Other State ID Number ORDER OF COURT You, RUSSELL F. SCHEID III plaintiff/defendant of PO BOX 699, NEW KINGSTOWN, PA. 17072-0699-99 are ordered to appear at DOMESTIC RELATIONS HEARING RM CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET v CARLISLE, PA. 17013 °s before a hearing officer of the Domestic Relations Section, on the JULY 14 , 2 0 0 9 at 8 : 3 OAM for a hearing . You are further required to bring to the hearing: 0?5-i i-4 ? N N 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 V. SCHEID PACSES Case Number: 624109372 SCHEID If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: ?'?S-" 6? BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 s . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev. 1 Service Type M Worker ID 21302 OF yeti-? pT Fr'N'iry r Y 1? ??? ~? Py 3:34 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID Plaintiff vs. RUSSELL F. SCHEID III Defendant Docket Number PACSES Case Number ) Other State ID Number 07-1434 CIVIL 624109372 ORDER OF COURT - RESCHEDULE A HEARING You, RUSSELL F. SCHEID III PO BOX 699, NEW KINGSTOWN, PA. 17072-0699-99 are ordered to appear at DOMESTIC RELATIONS HEARING RM of CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 24TH DAY OF JULY, 2009 at 1:30PM for a hearing. This date replaces the prior hearing date Of JULY 14 , 2 0 0 9 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 SCHEID V- SCHEID PACKS Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: -7 - IS- (n JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. Worker ID 21302 r a F^.ht{??/ t: ^ 1ij t F &A 20 CJ?tY i, t r+: a,'. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID ) Docket Number 07-1434 CIVIL Plaintiff ) vs. ) PACKS Case Number 624109372 RUSSELL F. SCHEID III ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, ROBIN C. SCHEID of 17 W MULBERRY HILL RD, CARLISLE, PA. 17013-8410-17 are ordered to appear at DOMESTIC RELATIONS HEARING RM CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 24TH DAY OF JULY, 2009 at 1 : 3 0 PM fora hearing. This date replaces the prior hearing date of JULY 14 , 2009 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Rev. 1 Service Type M Worker ID 21302 SCHEID V. SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: :]-I ? -- O9 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 21302 F<LFD-- : c. ? r , Y ) l. 00 j Q ii is ! ! !-' 33 ^. V iJ vw3 .._ . ^t 1 ll f_' 1 ?i ? c - In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID ) Docket Number 07-1434 CIVIL Plaintiff ) VS. ) PACSES Case Number 624109372 RUSSELL F. SCHEID III ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, ROBIN C. SCHEID of 17 W MULBERRY HILL RD, CARLISLE, PA. 17013-8410-17 are ordered to appear at DOMESTIC RELATIONS HEARING RM CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 10TH DAY OF SEPTEMBER, 2009 at 10:30AM fora hearing. This date replaces the prior hearing date of JULY 24, 2009 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 SCHEID V. SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: -i5- 6? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 s . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. 1 Service Type M Worker ID 21302 7y FILED- 2 009 J`3L 16 .re i s Cl..?Ei „'1T13 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID ) Docket Number 07-1434 CIVIL Plaintiff ) vs. ) PACSES Case Number 624109372 RUSSELL F. SCHEID III ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, ROBIN C. SCHEID of 17 W MULBERRY HILL RD, CARLISLE, PA. 17013-8410-17 are ordered to appear at DOMESTIC RELATIONS HEARING RM CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 9TH DAY OF NOVEMBER, 2009 at 8:30AM for a hearing. This date replaces the prior hearing date of SEPTEMBER 10, 2009 . You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Rev. 1 Service Type M Worker ID 21302 SCHEID V. SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: 1-jy-o BY THE COURT: -' JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBER comply with the Americans with Disabilities Act of 1 facilities and reasonable accommodations available to before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. LAND County is required by law to 990. For information about accessible disabled individuals having business 240-6225 . All arrangements must be before the court. You must attend the Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 21302 RLE- iC cF THE p, i,Y 2009 SEP 15 Pf'l 2: 2 7 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBIN C. SCHEID ) Docket Number 07-1434 CIVIL Plaintiff ) VS. ) PACSES Case Number 624109372 RUSSELL F. SCHEID III ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, RUSSELL F. SCHEID III Of PO BOX 699, NEW KINGSTOWN, PA. 17072-0699-99 are ordered to appear at DOMESTIC RELATIONS HEARING RM C/O HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 9TH DAY OF NOVEMBER, 2009 at 8:30AM for a hearing. This date replaces the prior hearing date of SEPTEMBER 10, 2009 . You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Rev. 1 Service Type M Worker ID 21302 SCHEID V. SCHEID PACSES Case Number: 624109372 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: !' -1 \f _ o) BY THE COURT: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. 1 Service Type M Worker ID 21302 OF THE 2009 SEP 15 PV, 2: 2 7 ti! T. N; V rr,'*li`&t,;, NJI'A RUSSELL F. SCHEID III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION ROBIN C. SCHEID, : PACSES NO. 624109372 Defendant/Petitioner: DOCKET NO. 07-1434 CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2009, this matter having been scheduled for a hearing de novo before the Support Master on the Husband's petition for modification of alimony pendente lite, and the Wife having withdrawn her request for said hearing, upon recommendation of the Master the interim order entered May 21, 2009 is affirmed as a final order. By the Court a Edward. `Guid ;. J. Cc: Robin C. Scheid Russell F. Scheid Marcus A. McKnight, III, Esquire For the Plaintiff Jordan D. Cunningham, Esquire For the Defendant DRO/rjs it I 7 t q 1 , HIONOTA 'x s7 CST I ! it 25 ;'!t°i RLAIID COUi?? 1' RUSSELL F. SCHEID, III, Plaintiff V. ROBIN SCHEID, Defendant JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: 717-238-6570 FACSIMILE: 717-238-4808 EMAIL: JCUNNINGHAM(2CCLAWPC.COM : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1434 : CIVIL ACTION-LAW PLAINTIFF'S STATEMENT OF INTENTION TO PROCEED TO THE PROTHONOTARY: Kindly note on the docket Plaintiff, Russell F. Scheid, III's, intention to proceed with the above captioned matter. As such, Plaintiff requests that this Court not terminate the case. Respectfully submitted, & CHERNICOFF, P.C. /Joidafi D. Cunningham, Esquire I.D. No. 23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Date: Attorneys for Plaintiff F:UHome\AHE S\Q-S\SCHEID, RUSSELLTLEADINGStNOTICE OF INTENT PROCEED 101012.wpd CERTIFICATE OF SERVICE 10 I do hereby state that on the L- day of October 2012,1 served a true and correct copy of the foregoing in the above captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Marcus A. McKnight, III, Esquire Irwin & McKnight 60 West Pomfret Street Carlis All'G1Gl L. L 1G W 11L Legal Assistant