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HomeMy WebLinkAbout03-4352MARCIA G. GIBBS, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- f 3 5 a- CIVIL TERM RICHARD W. GIBBS, Defendant CIVIL ACTION-LAW 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE ACLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Marcia G. Gibbs, an adult individual who currently resides at 121 Sunset Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Richard W. Gibbs, an adult individual who currently resides at 121 Sunset Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 21, 1964 in Salt Lake City, Utah. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to entera decree which effects an equitable distribution of marital property. COUNT III - ALIMONY 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above. 13. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 14. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 15. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. COUNT IV - ALIMONY PENDENTE LITE 16. Plaintiff hereby incorporates by reference paragraphs 1 through 15 above. 17. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 18. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. COUNT V -COUNSEL FEES AND EXPENSES 19. Plaintiff hereby incorporates by reference paragraphs 1 through 18 above. 20. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 21. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 22. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite and to further award such additional counsel fees, costs and expenses as are deemed appropriate. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: 9 s' 93 A Mich Scherer, Esquire LD.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Marcia G. Gibbs mas.d i r/domestic/g i bbs/com plai nt. pid VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Marcia G. Gibbs Date: 9/310-3 _ r l f h J J ^?? +.! ^W ? !J ? v\ ? b q?J '\ V MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4352 CIVIL TERM CIVIL ACTION-LOW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this l C day of? 2003, I, Richard W. Gibbs, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. zL & Ric rd W. Gibbs C CJ r:i= •7 c; -10 "J MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4352 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Plaintiff, Marcia G. Gibbs, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Plaintiff, Marcia G. Gibbs, is an adult individual who resides at 121 Sunset Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Richard W. Gibbs, is an adult individual who resides 101 Milky Way, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiffs Complaint In Divorce containing a claim for alimony pendente lite was filed on 4. Plaintiff requires alimony pendente lite in Order to prosecute this action and to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff is in need of alimony pendente lite in order to sustain herself and to meet her financial obligations during the pendency of this divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER 0%0?A Michael A. Scherer, Esquire I. D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.d iddomestic/gibbs/apl.pet CERTIFICATE OF SERVICE I hereby certify that on February 13, 2004, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Plaintiff's Petition For Alimony Pendente Lite, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jeffrey T. Bitzer, Esquire One West Market Way York, Pennsylvania 17401 __ u" M Q -t? U^ 0 J n ' e ndsay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Marcia G. Gibbs Plaintiff V, Richard W. Gibbs Defendant NC. 2003-4352 Civil Term CIVIL ACTION - LAW IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Marcia G. Gibbs ADDRESS BIRTH DATE 121 Sunset Dr., Carlisle, PA 17 09/10/42 SOCIAL SECURITY NUMBER 003-30-7975 HOME PHONE (717) 258-1979 WORK PHONE (717) 477-1206 EMPLOYER NAME Shippensburg University EMPLOYER ADDRESS 1871 Old Main Drive, Shippensbu JOB TITLE/POSITION Editor Of Scholarly Journal DATE EMPLOYMENT COMMENCED 1991 GROSS PAY $17,000.00 per year NET PAY OTHER INCOME $10,000.00 gross/year ATTORNEY'S NAME ATTORNEY'S ADDRESS Michael A. Scherer, Esquire 17 West South Street, Carlisle, ATTORNEY'S PHONE NUMBER (717) 249-6873 13 1 A 17013 RESPONDENT NAME Richard W. Gibbs ADDRESS 101 Milky Way, Shippensburg, PA BIRTH DATE 07/07/41 SOCIAL SECURITY NUMBER 245-62-1470 HOME PHONE (717) 532-2253 WORK PHONE (717) 477-1652 EMPLOYER NAME Shippensburg University EMPLOYER ADDRESS 1871 Old Main Drive, Shippensbur JOB TITLE/POSITION Associate Professor PA 17257 DATE EMPLOYMENT COMMENCED 1990 GROSS PAY $74,000.00 NET PAY OTHER INCOME summers/school $10,000.00 ATTO'RNEY'S NAME Jeffrey T. Bitzer, Esquire 1ATTORNEY'S ADDRESS One West Market Way, York, PA 17 IATTORNEY'S PHONE NUMBER (717) 848-8448 17257 X01 MARRIAGE INFORMATION DATE OF MARRIAGE 08/21/64 PLACE OF MARRIAGE Salt Lake City, Utah DATE OF SEPARATION September 5, 2003 ADDRESS OF LAST MARITAL HOME 121 Sunset Drive Carlisle, Pennsylvania 17103 DESCRIPTION OF DOCUMENT RAISING APL CLAIM Petition For APL DATE APL DOCUMENT FILED February 13, 2004 t T' W r -fj fT7 CiJ ?Q J C? MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-4352 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Plaintiff, Marcia G. Gibbs, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Plaintiff, Marcia G. Gibbs, is an adult individual who resides at 121 Sunset Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Richard W. Gibbs, is an adult individual who resides 101 Milky Way, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff's Complaint In Divorce containing a claim for alimony pendente lite was filed on 4. Plaintiff requires alimony pendente lite in Order to prosecute this action and to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff is in need of alimony pendente lite in order to sustain herself and to meet her financial obligations during the pendency of this divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/g ibbs/apl.pet CERTIFICATE OF SERVICE I hereby certify that on February 13, 2004, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Plaintiffs Petition For Alimony Pendente Lite, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jeffrey T. Bitzer, Esquire One West Market Way York, Pennsylvania 17401 JECWeUW- Lindsay Marcia G. Gibbs Plaintiff V. Richard W. Gibbs NAME IN THE'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant NO. 2003-4352 Civil Term CIVIL ACTION - LAW IN DIVORCE DRS ATTACHMENT FOR ApL PitOCEEDINGS ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS ppy NET PAY OTHER INCOME ATTORNEY'S NAME ATTORNEY'S ADDRESS AT'TORNEY'S pHONE NUMBER ----- PETITIONER Marcia G. Gibbs 121 Sunset Dr., Carlisle, PA 17 13 09/10/42 003-30--7975 (717) 258-1979 (717) 477-1206 --r Shippensburg University 1871 Old Main Drive, Shi Editor Of Scholarly Journal 1919 9??-~?- 17,000`00 per year $10,000.00 gross/year Michael A. Scherer, Esquire 17 West South Street, Carlisle, (7 2453-6873 17013 NAME ------------- ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCO ATTORNEY'S ATTORNEY'S ATTORNEY'S -/ HE interns/ summer sc NAME ADDRESS PHONE NUMBER RESPONDENT Richard W, Mnburg, 101 Milky W17257 07/07/41 245-62-]470 --------------------- (717) 532-2(717) 477-16Shippensburg University 1871 Old Main Drive, Sh Associate Professor PA 1990 $74,000.00 $10,000.00 Jef fre y T. Bitzer, Esquire One West Market Way, York, PA 17 O1 (717) 848•-8448 MARRIAGE INFORMATION DATE OF MARRIAGE 08/21/64 PLACE OF MARRIAGE DATE OF SEPARATION F ADDRESS OF LAST MARITAL HOME DESCRIPTION OF DOCUMENT RAISING APL CLAIM DATE APL DOCUMENT FILED Salt Lake City, Utah September 5, 2003 121 Sunset Drive Carlisle, Pennsylvania 17103 Petition For APL 13, N Q 1... ca '1l f^1 ii -IM W L T C7 MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003-4352 CIVIL TERM RICHARD W. GIBBS, IN DIVORCE Defendant/Respondent Pacses# 937106192 ORDER OF COURT AND NOW, this 3rd day of March, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on April 2, 2004 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 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 Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 3-3-04 to: < Respondent , 1` F ? Michael Scherer, Esquire Date of Order: March 3, 2004 J. Shadday, Conference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE t 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 MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003-4352 CIVIL TERM RICHARD W. GIBBS, IN DIVORCE Defendant/Respondent Pacses# 937106192 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this 19`h day of March, 2004, 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. Shaddav on April 21, 2004 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 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 Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 3-22-04 to: < Respondent Michael Scherer, Esquire Samuel Andes, Esquire Date of Order: March 19, R. J. S ddag Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 +.. n- -_? - ; ?-:, _ - ?_ -?, J J ? N 4 -_ ^ C„ ' ` I , ' . ?' C:• ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Q Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 04/21/04 O Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) RE: GIBBS, RICHARD W. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) SHIPPENSBURG UNIVERSITY FOUNDA 1871 OLD MAIN DR SHIPPENSBURG PA 17257-2200 9 x003-9(3 `- ('V P?{CSFS ?7iZ1C?/9? 245-62-1470 Employee/Obligor's Social Security Number 6263101298 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. $ 838.00 per month in current support $ 50.00 per month in past-due support Arrears 12 weeks or greater? ®yes Q no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 888.00 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: $ 204.92 per weekly pay period. $ 409.85 per biweekly pay period (every two weeks). $ 444. oo per semimonthly pay period (twice a month). $ a88 . 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier O AL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. , ?t? >>-G BY THE URT:? Date of Order: APR 2 2 20 O?t 1 „ \ G t1?(oq,? B. e3t51YC Ey' ??? c Service Type M Form EN-028 OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If4hecketd you are required to pTvide aSopy of this form to your mployee. If your employee Porks in a state that is di erent rom the state that issue this or er, a copy must be provi?eo to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 4.* paydateMate of withhold ee's wager. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2320460930 EMPLOYEE'S/OBLIGOR'S NAME: GIBBS, RICHARD W. EMPLOYEE'S CASE IDENTIFIER: 6263101298 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the 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. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the Stah? in which he or she is employed governs. 10.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §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. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at )11717) 240-6225 or by FAX at (717) 2.40-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB NO, 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GIBBS, RICHARD W. PACSES Case Number 937106192 PACKS Case Number Plaintiff Name Plaintiff Name MARCIA G. GIBBS - Docket Attachment Amount Docket Attachment Amount 03-4352 CIVIL$ 888.00 $ 0.00 Child(ren)'s Name(s): DOB 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(mN's Name(s): DOB Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0910-0154 Form EN-028 Worker ID $IATT r o m N N 43 p 0 MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2003-4352 CIVIL TERM RICHARD W. GIBBS, IN DIVORCE Defendant/Respondent Paeses# 937106192 ORDER OF COURT AND NOW, this 215 day of April, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2,176.23 and Respondent's monthly net income/earning capacity is $4,272.12, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $888.00 per month payable bi-weekly; $838.00 for alimony pendente lite and $50.00 on arrears. First payment due next pay date at $409.85 bi-weekly. Arrears set at $2,514.00 as of April 21, 2004. The effective date of the order is February 13, 2004. This Order does not include any summer income for either party as it is unknown what the parites' incomes will be for the summer semester at this time. Either party may request a modification should either's income change significantly for the summer and/or fall semesters. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Marcia G. Gibbs. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 66% by the respondent and 34% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner 4-22-04 to: < Respondent \ Michael Scherer, Esquire J Samuel Andes, Esquire ?.? a Edgar B. Bayley J. O , .y Way - G a MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2003-4352 CIVIL TERM DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Michael A. Scherer, Esquire, and the law firm of O'Brien, Baric and Scherer as counsel for the Plaintiff in the above matter. Dated: 15-- ' D? PROTHONOTARY: Mic I A.S erer , Esquire No. 61974 17 W. South Street Carlisle, PA 17013 (717) 249-6873 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg P.C., as counsel for the Plaintiff in the above matter. J(44? f Sandra L. Meilton, Esq lire Dated: ( 3 a j No. 32551 TUCKER ARENSBERG, P.C. P.O. Box 889, 111 N. Front Street Harrisburg, PA 17108 (717) 234-4121 60195.1 o d; } VTI ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania q'yAk0LpAC12_ Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/29/05 G3 43`]Z LIV11 _ Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SHIPPENSBURG UNIVERSITY FOUNDA 1871 OLD MAIN DR SHIPPENSBURG PA 17257-2200 245-62-1470 Employee/Obligor's Social Security Number 6263101298 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. $ o . 00 per month in current support $ 0. oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ o . o o 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 remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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: DEC 3 0 2005 Service Type M BY THE IT: Fotm EN-028 OMBNo.0970-0154 WorkerlD $IATT O Original Order/Notice O Amended Order/Notice OX Terminate Order/Notice RE: GIBBS, RICHARD W. Employee/Obligor's Name (Last, First, MI) V ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your mployee. If your employee works in a state that is different from the state that issued this order, a copy must be provi ?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* - mgzne-payrnern. I 1W paydate/date-ofwithbotcHng-s tire date or which 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: 2320460930 EMPLOYEE'S/OBLIGOR'S NAME: GIBBS RICHARD W. - EMPLOYEE'S CASE IDENTIFIER: 6263101298 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 employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; 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 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB Noa 0970-0154 Form EN-028 Worker ID $IATT C7 ti Q O i n C7 'r e ? fl cn CD ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 01/04/06 Case Number (See Addendum for case summary) Em ployer/Withholder's Federal EIN Number STATE SYSTEM OF HIGHER EDUCATI C/O DIXON UNIVERSITY CENTER 2986 N 2 ND ST HARRISBURG PA 17110-1201 245-62-1470 Employee/Obligor's Social Security Number 6263101298 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. $ 838. 00 per month in current support $ 50.00 per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ o . 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 888.00 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: $ 204. 92 per weekly pay period. $ 409.85 per biweekly pay period (every two weeks). $ 444 . oo per semimonthly pay period (twice a month). $ 888. 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 511% 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 remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, 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. J AN 05 J Date of Order: DRO: R.J. Shadday Service Type m 937106192 03-4352 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: GIBBS, RICHARD W. Employee/Obligor's Name (Last, First, MU BY TH OURT: } f\-? Edgar B. Bayley Jti ge Form EN-028 OMB N..: 0970-W54 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your mployee. If yo r employee works in a state that is different from the state that issued this order, a copy must be provi?eo to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.'ReportingthePaydate/Dateof Wthholdrig, Youmust-report the-paydate/dateofwthl.Ming Mien sertding-thepagmentfhe paydate/date-of vvifl fding-isthe-date-omrohieh-amountwas-withheld froln theemployee`s-wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 9100009000 EMPLOYEE'S/OBLIGOR'S NAME: GIBBS, RICHARD W. EMPLOYEE'S CASE IDENTIFIER: 6263101298 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §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 Service Type M If you or your employee/obligor have any questions contact WAGE ATTACHMENT UNIT by telephone at L717) 240-6225 or by FAX at 717 240- 48 or by internet www.chiIdsupport.state.pa.us Page 2 of 2 OMB No. 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GIBES, RICHARD W. PACSES Case Number 937106192 PACSES Case Number Plaintiff Name Plaintiff Name MARCIA G. GIBBS Docket Attachment Amount Docket Attachment Amount 03-4352 CIVIL$ 888.00 $ 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. 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) 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) 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) 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 Service Type M Worker ID $IATT OMB No, 09J0-0154 ?? `ct ?. ^.A c'.? i. T, i» ?, ??, a,) t `i .1.' {f1 .- ' ,_` "} CrJ"i .. `7 t .1 ..c. `v. NO, 03- 43Sa. Civ1 ( CUMBERLAND COUNTY DOMESTIC RELATIONS Date of Application: 2/10/06 Request for Support Record Search Name: Gibbs Richard W. (Last) (First) (M 1) Address: 101 Milky Way Shippensburg PA 17257 Social Security Number: 245-62-1470 D.O.B.: 07 /o7 / i 941 Domestic Relations Case Number if Known: 937106192 Party Requesting Information: Duncan & Partma (Print Name of Firm Name) 717-249-7780 1 Irvine Row (Telephone Number) (Address) _ 717-249-7800 Carlisle PA 17013 (Fax Number) (Signature) A Ten Dollar ($10.00) Fee is Due per Social Security Number Make check or money order payable to: DRS/Lien Search X INITIAL REQUEST Has No Record in Domestic Relations as of: (Date) Support Arrears As of End of Month Prior to Date of Application: $ q () Monthly Total Support Obligation: $ 83Ss. zwi on+k--. The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. IYI2i>1?er ? (o-2 b3 I u i ?9 8 Domestic Relations Case Number: Pa CS es 3 -71 a to 19 A Signed: (11L . & 440 to Director/Assistant Director/Lien Coordinator) (Date) BRING-DOWN REQUEST Support Arrears: $ As Of. (Date) Signed: (Director/Assistant Director/Lien Coordinator) (Date) ***Lien Satisfied Receipt Available Upon Request*** LIEN SATISFACTION Name: Richard Gibbs Member Number: 6263101298 Judgment Lien Satisfied as of: 2/24/06 Amount Paid: $ 1258.90 Signed: Z" (Lien Coordinator) Pacses# 937106192 No. 03-4352 Civil DR# MAR 17 2006 (Date) CC722 < ` ?-??> O .a ^_G -rs _ ? ?? `? ,.? _ .1 , , _?-, ;.-n J ?C7 - ?; ?;l J t_ W -' • r? r,_fl .G ...1 :i Y MARCIA G. GIBBS, PLAINTIFF vs. RICHARD W. GIBBS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4352 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on your or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on or about 5 September 2003 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: AN42? RICHARD W. GIBBS {--V MARCIA G. GIBBS, PLAINTIFF vs. RICHARD W. GIBBS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4352 CIVIL TERM IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION MUD) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: MARCIA G. GIBBS NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. C3 c co? rn : . 21, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION MARCIA G. GIBBS, Plaintiff VS. RICHARD W. GIBBS, Defendant DOCKET NO. 2003-4352 PACSES CASE NO. 937106192 OTHER STATE ID NO. PETITION TO MODIFY ORDER FOR ALIMONY PENDENTE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to modify its alimony pendente lite order of 21 April 2004 in this matter, for the reasons set forth herein: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. By an order dated 21 April 2004 this court ordered the Defendant to pay alimony pendente lite to the Plaintiff in the amount of $838.00 per month. A copy of that order is attached hereto and marked as EXHIBIT A. 3. Since the entry of that order, the financial circumstances of the parties have changed and those changes justify a reduction or suspension of the order for alimony pendente lite. The changes that have occurred include: A. Defendant has attained retirement age and is retiring from active employment as a university professor; and B. After his retirement, Defendant will be forced to live on retirement savings and his income will be significantly reduced from what it was at the time the order was entered; and i C. A portion of Defendant's retirement assets are marital property, subject to equitable distribution claims raised in this action by the Plaintiff and the division or distribution of those assets will further reduce Defendant's income; and D. To Defendant's knowledge, Plaintiff continues to work and generates sufficient income to meet her reasonable needs without support from Defendant. 4. As a result of the changes described above, Defendant is no longer able to pay alimony pendente lite to Plaintiff and requests that the order entered in this matter be modified appropriately. WHEREFORE, Defendant prays this court to reduce or eliminate entirely or suspend the alimony pendente lite order previously entered in this case. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12t' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: M a Cp JICHARD W. GIBBS EXHIBIT A MARCIA G. GIBBS, Plaintiff/Petitioner VS. RICHARD W. GIBBS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2003-4352 CIVIL TERM IN DIVORCE Pacses# 937106192 ORDER OF COURT AND NOW, this 21" day of April, 2004, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2,176.23 and Respondent's monthly net income/earning capacity is $4,272.12, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $888.00 per month payable bi-weekly; $838.00 for alimony pendente lite and $50.00 on arrears. First payment due next pay date at $409.85 bi-weekly. Arrears set at $2,514.00 as of April 21, 2004. The effective date of the order is February 13, 2004. This Order does not include any summer income for either party as it is unknown what the parites' incomes will be for the summer semester at this time. Either party may request a modification should either's income change significantly for the summer and/or fall semesters. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCD'u' to: Marcia G. Gibbs. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 66% by the respondent and 34% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner 4-22-04 to: < Respondent Michael Scherer, Esquire Samuel Andes, Esquire v 01 Edgar B. Bayley J. C7 O 1? l.. 0 r-n f°? L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION MARCIA G. GIBBS, Plaintiff VS. RICHARD W. GIBBS, Defendant DOCKET NO. 2003-4352 PACSES CASE NO. 937106192 OTHER STATE ID NO. PETITION TO MODIFY ORDER FOR ALIMONY PENDENTE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the court to modify its alimony pendente lite order of 21 April 2004 in this matter, for the reasons set forth herein: 1. The Petitioner herein is the Defendant. The Respondent herein is the Plaintiff. 2. By an order dated 21 April 2004 this court ordered the Defendant to pay alimony pendente lite to the Plaintiff in the amount of $838.00 per month. A copy of that order is attached hereto and marked as EXHIBIT A. 3. Since the entry of that order, the financial circumstances of the parties have changed and those changes justify a reduction or suspension of the order for alimony pendente lite. The changes that have occurred include: A. Defendant has attained retirement age and is retiring from active employment as a university professor; and B. After his retirement, Defendant will be forced to live on retirement savings and his income will be significantly reduced from what it was at the time the order was entered; and t r r C. A portion of Defendant's retirement assets are marital property, subject to equitable distribution claims raised in this action by the Plaintiff and the division or distribution of those assets will further reduce Defendant's income; and D. To Defendant's knowledge, Plaintiff continues to work and generates sufficient income to meet her reasonable needs without support from Defendant. 4. As a result of the changes described above, Defendant is no longer able to pay alimony pendente lite to Plaintiff and requests that the order entered in this matter be modified appropriately. WHEREFORE, Defendant prays this court to reduce or eliminate entirely or suspend the alimony pendente lite order previously entered in this case. Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 111 :1Idczd - (o ,p0Z A I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: to , (CHARD W. GIBBS Commonwealth of Pennsylvania County of Cumberland, ss: MARCIA G. GIBBS, Vs. Plaintiff RICHARD W. GIBBS, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania *35 L No. 2003-A353-ClWL TERM Motion for Appointment of Master claims: (xxx) Divorce ( ) Annulment (xxx) Alimony (xxx) Alimony Pendente Lite and in support of the motion states: RICHARD W. GIBBS, Defendant moves the court to appoint a Master with respect to the following (xxx) Distribution of Property ( ) Support (xxx) Counsel Fees (xxx) Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Sandra L. Mellton. 3. The statutory ground(s) for divorce is/are: 4. Check the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1day. 7. Additional information, if any, relevant to the motion: 2 Nt Date Samue L. An s Attorney for Defendant AND NOW, 2006, , Esquire, is appointed Master with respect to the following claims: divorce, alimony, alimony pendente ifte, distribution of property, counsel fees, costs and expenses. BY THE COURT, J. C7 ? O ? ? ? ? c;- 1,-n ? ?^tl -'C lit , ,.. ',. W 1" ? .. ?! fi I MARCIA G. GIBBS, V5. Plaintiff RICHARD W. GIBBS, Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania 435 z No. 2003-lt3U CIVIL TERM Motion for Appointment of Master RICHARD W. GIBBS, Defendant moves the court to appoint a Master with respect to the following claims: (xxx) Divorce ( ) Annulment (xxx) Alimony (xxx) Alimony Pendente Lite and in support of the motion states: (xxx) Distribution of Property ( ) Support (xxx) Counsel Fees (xxx) Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Sandra L. Menton. 3. The statutory ground(s) for divorce Is/are: 4. Check the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1day. 7. Additional information, Zz4 D ? Commonwealth of Pennsylvania County of Cumberland, ss: if any, relevant to the motion: Samue L. An es Attorney for Defendant AND NOW, `! 2006, 1? td7A c 6" !1, Esquire, is appointed Master with respect to the following c ims: divorce, alimony, alimony pendente lite, distribution of property, counsel fees, BY COU , b V? C} N (? 0 T a ti .yCT, - N trIIV n%l, 3?; x7,3 AIN"N ?Wl',? LZ •E WJ SZ JlG'6d 9?GZ 3?1a_C?_ a:E71? MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD W. GIBBS, Defendant PROTHONOTARY: CIVIL ACTION - LAW NO. 2003-4352 CIVIL DIVORCE Please withdraw the appearance of Sandra L. Meilton, Tucker Arensberg, P.C. as counsel for the Plaintiff in the above DATED: S- y 06- PROTHONOTARY: No. 32551 TUCKER ARENSBERG, P.O. Box 889, 111 N. Froi Harrisburg, PA 17108 (717) 234-4121 PRAECIPE TO ENTER APPEARANCE Please enter the appearance of John J. Mangan, Esquire, as c above matter. Dated: Johrf 35 E NF?ySga?4 ESsquire 35 E ig Streetuite 21 Carl le, A 170i3 (71 uire, and the law firm of ,.C. t Street for the Plaintiff in the 86790.1 C'1 ? c_'. o? U -n -, 'Y, c_. ? fll!; C? T ? 'O C _7ll -r? ('r ? ; ?CIJ ! : "t. A > ?; ; ? ?? Q MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4352 CIVIL TERM DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Petitioner, Sandra L. Meilton, Esquire, for the law firm of Tucker Arensberg, P.C. and hereby avers the following: 1. In or about April, 2005, Petitioner began performing legal services on behalf of Plaintiff with regard to the above matter. 2. The working relationship between Petitioner and Plaintiff has deteriorated. 3. Plaintiff picked up the contents of her file from Petitioner's office on May 4, 2006. 4. At or about the same date (May 4, 2006), Petitioner's office received telephone calls from John Mangan, Esquire, who advised Petitioner's paralegal that he was going to assume representation of Plaintiff. 5. Petitioner's paralegal advised Mr. Mangan in her telephone conversation on May 4, 2006 that she would draft a praecipe for Petitioner to withdraw her appearance and for him to enter his appearance. Mr. Mangan was in agreement with this. 6. On that basis, Petitioner forwarded a praecipe signed by Petitioner to Attorney Mangan to enter his appearance for the Plaintiff and file same with the Court (see attached praecipe and forwarding letter). 7. To date, the praecipe has not been filed with the Court. 8. By letter dated May 19, 2006, Petitioner forwarded to Plaintiff a 3301(d) affidavit and blank counter-affidavit which was Petitioner received from Defendant's counsel along with a draft praecipe to withdraw as counsel prepared by Petitioner with a joinder for Plaintiff to sign and said document has not been returned to Petitioner for filing with the Court (see attached letter). 9. For the reasons set forth herein, Petitioner desires to sever the representation relationship with Plaintiff. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C., permission to withdraw as counsel for Plaintiff in the above matter. Respectfully submitted, TUCKER ARENSBERG, P.C. By: ?4 Sandra L. Meilton, .D. No. 32551 111 North Front Street, P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 PETITIONER DATE: TUCKERIARENSBERG Attorneys May 18, 2006 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 RE: Gibbs v. Gibbs Dear Sam: Sandra L. Wilton smeifton@tuckedaw.com "FYF I am in receipt of your two May 16, 2006 letters and a copy of Petition to Modify Order for Alimony Pendente. Please be advised that Mrs. Gibbs picked up her file from my office on May 4, 2006. At or about that same time, my office received telephone calls from Attorney James J. Mangan who advised that he would be taking over representation of Mrs. Gibbs. I prepared a praecipe to withdraw my appearance and enter his appearance and forwarded the document to him (copy enclosed). In checking with the Prothonotary's Office yesterday, I was advised that, as of yet, the praecipe has not been filed in their office. My paralegal attempted to reach Mr. Mangan yesterday by telephone but was unsuccessful. By copy of this letter, I am providing Mrs. Gibbs and Mr. Mangan with copies of the documents you forwarded to me. If I do not have confirmation within the next week that the praecipe to withdraw/enter appearance has been filed with the Court, I will file a formal Petition to Withdraw as Counsel with the Court. Thank you. Sincerely, TUCKER ARENSBERG, P.C. Sandra L. Meilton SLM:gmr Enclosure cc: Mrs. Marcia G. Gibbs (Wencs.) John J. Mangan, Esquire (Wencs.) Rikki J. Shadday, Domestic Relations Office (with copy of praecipe) 87212.1 Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619 i MXR- CIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant PRAECIPE TO WITHDRAW APPEARANCE COP PROTHONOTARY: Please withdraw the appearance of Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C. as counsel for the Plaintiff in the above matter. DATED: 'y d6 Sandra L. Meilton, Esquire No. 32551 TUCKER ARENSBERG, P.C. P.O. Box 889, 111 N. Front Street Harrisburg, PA 17108 (717) 234-4121 PRAECIPE TO ENTER APPEARANCE PROTHONOTARY: Please enter the appearance of John J. Mangan, Esquire, as counsel for the Plaintiff in the above matter. Dated: John J. Mangan, Esquire 35 E. High Street, Suite 204 Carlisle, PA 17013. (717) 241-2446 86790.1 TUCIERIARENSBERG Attorneys May 19, 2006 Mrs. Marcia Gibbs 121 Sunset Drive Carlisle, PA 17013 RE: Gibbs v. Gibbs Dear Marcia: Sandra L. Wilton smeiRon@tuckerlaw.com COPY FILE Enclosed is a letter from Mr. Andes dated May 15, 2006 along with a 3301(d) affidavit with blank counter-affidavit which I received today. It is imperative that you respond to this Affidavit immediately. If you intend to file As you know from correspondence I sent yesterday, I have not heard from Mr. Mangan since early May. I am also enclosing a Consent and would request that you sign same so that I can formally withdraw from your divorce litigation. Please sign the document and return it to me in the enclosed postage paid envelope. Thank you. Sincerely, TUCKER ARENSBERG, P.C. Sandra L. Menton SLM:gmr Enclosures cc: John J. Mangan, Esquire (w/encs.) 87267.1 Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 www.tuckerlaw.com p. 800.257.4121 p. 717.234.4121 f. 717.232.6802 MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4352 CIVIL TERM DIVORCE OPY TO THE PROTHONOTARY: I, Sandra L. Meilton, Esquire and the law firm of TUCKER ARENSBERG, P.C. , hereby withdraw as counsel for Plaintiff, Marcia G. Gibbs, in the above-captioned matter. TUCKER ARENSBERG, P.C. By: Dated: Dated: Sandra L. Meilton I. D. #32551 P.O. Box 888 Harrisburg, PA 17108 (717) 234-4121 JOINDER I, Marcia G. Gibbs, join in this withdrawal of counsel. Marcia G. Gibbs 87266.1 CERTIFICATE OF SERVICE a l S? AND NOW, this ?/ ! day of 04'elz- '2006, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Mrs. Marcia Gibbs 121 Sunset Drive Carlisle, PA 17013 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 John J. Mangan, Esquire 35 E. High Street Carlisle, PA 17013 /e Gloria M. Rine 87380.1 t.' _, C - -? r l ' I_ Fri MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 03-4352 CIVIL TERM RICHARD W. GIBBS, IN DIVORCE Defendant/Petitioner PACSES # 937106192 ORDER OF COURT AND NOW, this 7th day of June, 2006, a petition has been filed against you, Marcia G. Gibbs, 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 July 12, 2006 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed June 7, 2006 to: Petitioner Respondent John J. Mangan, Esq. BY THE COURT, Edgar B. Bayley, President Judge Samuel L. Andes, Esq. j Date of Order: June 7, 2006 4adR.J.da , Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 r? ? c_. "CI ---+ -A- - - - i ?, ? ; ?-: _,. z - '' ..::fj ?? -; !' i i 1? ^'^.: MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant Z?l , IN THE COURT OF COMMON PLEAS Jug 0 5 2006 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4352 CIVIL TERM DIVORCE RULE TO SHOW CAUSE AND NOW, this day of ? llK- 2006, upon consideration of the Petition to Withdraw as Counsel, a Rule is issued upon Plaintiff, Marcia G. Gibbs, , to show cause why Sandra L. Meilton and TUCKER ARENSBERG, P.C., should not be granted leave to withdraw as counsel for Marcia G. Gibbs in this case. a'- RULE RETURNABLE 1 7 DAYS FROM THE DATE OF SERVICE. Service shall be accomplished by first class mail to Plaintiff and Defendant's counsel. Av b'? CT Lr) ^.. }-_-; 4l _ !I? ??? r . 1 y ?f L ? N U MARCIA G. GIBBS, Plaintiff/Respondent vs. RICHARD W. GIBBS, Defendant/Peddoner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 034352 CIVIL TERM IN DIVORCE PACSES # 937106192 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 15th day of June, 2006, a petition has been filed against you, Marcia G. Gibbs, 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 July 27, 2006 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 June 15, 2006 to: Petitioner Respondent Samuel L. Andes, Esq. John J. Mangan, Esq. Date of Order: June 15, 2006 i R. J. ?adda , C 'nference Officer 1 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 ? ?=? ??? ??' -? .> ? _? ? ?-? ?? r ?1? V { _•?? f ACS ! C'? a n ?. c. i- c.o ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/15/06 Case Number (See Addendum for case summary) 937106192 0 Original Order/Notice 03-4352 CIVIL O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number RE: GIBES, RICHARD W. Employee/Obligor's Name (Last, First, MI) 245-62-1470 Employee/Obligor's Social Security Number COMMONWEALTH OF PA 6263101298 C/O STATE EMPLOYEES RET. SYST Employee/Obligor's Case Identifier PO BOX 1147 (See Addendum for plaintiff names HARRISBURG PA 17108-1147 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 838. oo per month in current support $ so , 00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0. 0o per month in current and past-due medical support $ o . o o per month for genetic test costs $ per month in other (specify) for a total of $ 888.00 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: $ 204.92 per weekly pay period. $ 4o9.85 per biweekly pay period (every two weeks). $ 444. oo per semimonthly pay period (twice a month). $ 888. 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 remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE CO Date of Order: JUN 16 2006 " 1 Edgar B. Bayley, Judge', DRO: R.J. Shadday Form EN-028 Service Type M OMBNo.:O9JQp1S4 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck--A you are required to pr vide a opy of this form to your gloyee. If yo r employee works in a state that is diheren . from the state that issue this order, a copy must be provi?ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* worn acuunigu tray nci u. 111c You must comply with the law of the paydat 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: 7676100114 EMPLOYEE'S/OBLIGOR'S NAME: GIBBS RICHARD W. EMPLOYEE'S CASE IDENTIFIER: 6263101298 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. 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 (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor'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. HANOVF_R ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M OMB No, 0970-0154 Worker ID $OINC f ? ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GIBBS, RICHARD W. PACSES Case Number 937106192 PACKS Case Number Plaintiff Name Plaintiff Name MARCIA G. GIBBS Docket Attachment Amount Docket Attachment Amount 03-4352 CIVIL$ 888.00 $ 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ? 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 Service Type M ID $OI NC OMB No, 0970-0150 Worker M1J ?) n a "? v cT T -n ?:? <?, ,- . it ?.=. ? - 1?: ' ?? ?. --? _r ,. i rct G? ? t :' , ? ? :C 3 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/15/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number STATE SYSTEM OF HIGHER EDUCATI C/O DIXON UNIVERSITY CENTER 2986 N 2 ND ST HARRISBURG PA 17110-1201 937106192 0 original order/Notice 03-4352 CIVIL O Amended Order/Notice Q Terminate Order/Notice RE:GIBBS, RICHARD W. Employee/Obligor's Name (Last, First, MI) 245-62-1470 Employee/Obligor's Social Security Number 6263101298 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. $ o. oo per month in current support $ 0. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to he 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: $ o. o o per weekly pay period. $ o, oo per biweekly pay period (every two weeks). $ o. 0o per semimonthly pay period (twice a month). $ o. 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 remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY TH t Date of Order: JUN 16 2006 (?v, Edgar B. Bay ey, J ge DRO: R. J. Shadday Form EN-028 Service Type M OMB No; 097"154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifghecked you are required to provide gopy of this form to your mployee. If your employee orks in a state tha is di erent from the state that issued this o er, a copy must be provideeo to your employee even if tXe box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 9100009000 EMPLOYEE'S/OBLIGOR'S NAME: GIBBS, RICHARD W. EMPLOYEE'S CASE IDENTIFIER: 6263101298 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §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 *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GIBBS, RICHARD W. PACSES Case Number 937106192 PACSES Case Number Plaintiff Name Plaintiff Name MARCIA G. GIBBS Docket Attachment Amount Docket Attachment Amount 03-4352 CIVIL$ 0.00 $ 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 Service Type M Worker ID $IATT OMB No.: 09]0-0154 f7 'r C? C._ ?tl cn CO w ._J x? G. GIBBS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW W. GIBBS, NO. 2003-4352 CIVIL TERM Defendant DIVORCE PETITION TO MAKE RULE ABSOLUTE and the Edgar Rule AND NOW, comes the Petitioner, Sandra L. Meilton, and Tucker Arensberg, P.C., this Honorable Court as follows: 1. A certified copy of the Petition to Withdraw as Counsel filed by Petitioner in matter, along with a copy of the Rule dated June 7, 2006 entered by the Honorable Bayley was served on Plaintiff on June 9, 2006 (see attached letter). 2. Said Rule gave the Plaintiff fifteen (15) days to respond. 3. More than fifteen days has elapsed since service. Plaintiff has not i to said Petition and Rule. EFORE, Petitioner respectfully requests that this Honorable Court make the and allow Petitioner to withdraw as counsel for Plaintiff in the above matter. TUCKER ARENSBERG. P.C. By: Sand and ra L. Meilton, No. 32551 P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Petitioner WEALTH OF PENNSYLVANIA ) ss: OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said and County, Sandra L. Meilton, who, being duly sworn according to law, the belief. and says that she is the attorney for Plaintiff in the within action; that she takes this as the Petitioner in the foregoing Petition to Make Rule Absolute as the matters are or refer to matters within the knowledge of counsel and that the facts set forth in Petition are true and correct to the best of her knowledge, information and Sandra L. Meilton Sworn before of (S i and subscribed iethis a>"? day L10 2006. r Notary Public NOWW P Wa MMMIMNMC. DMOMMi OOMMr CERTIFICATE OF SERVICE AND NOW, this 2 day of ?Gf 2006, I, Gloria M. Rine, to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C, hereby certify that I h?ve this day served a copy of the within document, by mailing same by first class mail, prepaid, addressed as follows: Mrs. Marcia Gibbs 121 Sunset Drive Carlisle, PA 17013 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Gloria M. Rine ti ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/26/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number COMMONWEALTH OF PA C/O PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM 937106192 Q Original Order/Notice 03-4352 CIVIL O Amended Order/Notice O Terminate Order/Notice RE: GIBBS, RICHARD W. Employee/Obligor's Name (Last, First, MI) 245-62-1470 Employee/Obligor's Social Security Number 6263101298 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 125 associated with cases on attachment) HARRISBURG PA 17108-0125 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. $ 838.00 per month in current support $ 50 . oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 888.00 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: $ 204.92 per weekly pay period. $ 409.85 per biweekly pay period (every two weeks). $ 444.00 per semimonthly pay period (twice a month). $ 888.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY T COURT: Date of Order: JUN 2 72006 ,. N c Edgar B. Bayley, 'U edge DRO: R.J. Shadday Form EN-028 Service Type M oMBNo.:0970-0,54 Worker ID $OINC 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 works in a state that is di4erent from the state that issued this order, a copy must be provideec to your emp?oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding. You must report the paydate/date of withholding when sending the payinent. fhe paydate/date of withholding is the date on which am0U11t WaS Withheld fi-oni the employee's Yvages. 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: 4358100176 EMPLOYEE'S/OBLIGOR'S NAME: GIBBS, RICHARD W. EMPLOYEE'S CASE IDENTIFIER: 6263101298 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §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. I I - Submitted By: DOMESTIC RELATIONS SECTION 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 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $OINC ?r , ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GIBBS, RICHARD W. PACKS Case Number 937106192 Plaintiff Name MARCIA G. GIBBS Docket Attachment Amount 03-4352 CIVIL$ 888.00 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. 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) 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) 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) 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) 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 ? 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. Service Addendum Form EN-028 Type M OMB No.: 0970.0154 Worker ID $oINC ?? {'1 •-I ?j,; .. - ,.. ? _ ?.v ._..1 ? - , ,_,.? r ' ._h C, .7 `_.G -.r' ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania CO./City/Dist. of CUMBERLAND Date of Order/Notice 06/26/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number COMMONWEALTH OF PA C/O STATE EMPLOYEES RET. SYST PO BOX 1147 HARRISBURG PA 17108-1147 937106192 O Original Order/Notice 03-4352 CIVIL O Amended Order/Notice O Terminate Order/Notice RE: GIBBS, RICHARD W. Employee/Obligor's Name (Last, First, MI) 245-62-1470 Employee/Obligor's Social Security Number 6263101298 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. $ 0. go per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . o o per weekly pay period. $ 0. 0.a per biweekly pay period (every two weeks). $ 0. 00 per semimonthly pay period (twice a month). $ o. 01 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 remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND 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: JUN 2 7 n6fi DRO: R. J. Shadday Service Type M BY TH OURT: v , (i! Edgar B. Bayley, J ge Form EN-028 OMB No.: 0970-0154 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifghecke I you are required to provide gopy of this form to your=ployee. If yoyr employee works in a state that is di Brent rom the state that issued this o er, a copy must be provi to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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. paydateiddte ofvvithholding is the date on which aniount Yvas Withheld froin the employee's Yvages. 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: 7676100114 EMPLOYEE'S/OBLIGOR'S NAME: GIBBS, RICHARD W. EMPLOYEE'S CASE IDENTIFIER: 6263101298 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 01; 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 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $oINC 4 1 ADDENDUM Summary of Cases on Attachment DefendanWbligor: GIBBS, RICHARD W. PACSES Case Number 937106192 Plaintiff Name MARCIA G. GIBBS Docket Attachment Amount 03-4352 CIVIL$ 0.00 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. 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) 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) 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 ? 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. PACS_ ES 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) 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) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M Addendum Form EN-028 OMB No.: 0970-0754 Worker ID $OINC ?- ? r.;, _ ? ?- -. s ? -.- ` i ?y ? -r, ?-,... ?...... - -,: r-": - {' a'1 tiz?) ? . --i _ _ ? .' MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL DIVISION LAW RICHARD W. GIBBS, : IN DIVORCE Defendant NO. 03-4352 PEITION FOR EMERGENCY AND INJUCTIVE RELIEF w _ AND NOW, comes Plaintiff Marcia Gibbs, by and through her attorney, John J.,Mangan r.5 Esquire, and files this Petition for Emergency and Injunctive Relief, and in support thereof, avers as follows: Plaintiff is Marcia Gibbs, an adult individual who currently resides at 121 Sunset Drive, Carlisle, PA 17013. 2. Defendant is Richard Gibbs, an adult individual whose legal address at this time in uncertain. 3. Defendant is represented by counsel Samuel Andes, Esquire in the divorce proceedings. 4. The parties were married on August 21, 1964 in Salt Lake City, Utah, and are presently separated. Plaintiff has commenced a divorce action in this matter by a Complaint filed in the Court of Common Pleas of Cumberland County, Pennsylvania, which action is docketed to 20034352 Civil Term. 6. The parties have been able to distribute most of their marital assets by mutual agreement. 7. However, Defendant's significant TIAA-CREF pension account from his employment at Shippensburg University has been a source of on-going negotiation. 8. Plaintiff has become aware that Defendant is currently facing serious criminal allegations here in Cumberland County and possibly more in other jurisdictions. 9. Plaintiff has been made aware of statements by Defendant whereby Defendant indicates that he will attempt to gain access to his TIAA-CREF account and will make sure that no one will locate said funds. 10. Plaintiff has been made aware that Defendant has posted bail in North Carolina on June 30, 2006. 11. Plaintiff has been made aware that Defendant is currently in the process of disposing of the majority of his material belongings. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order: a. enjoining Defendant from disposing of or further dissipating any TIAA-CREF benefits/funds received or received in the future until written agreement of the parties or further order of court; b. creating a constructive trust whereby all of Defendant's TIAA-CREF funds, whether already withdrawn or presently in the account, be deposited into an escrow account until written agreement of the parties or further order of court; C. any other relief that the Court deems appropriate. Respectfully submitted, Plaintiff Verification I, John Mangan, hereby state that I am familiar with the facts and circumstances in the instant matter. I further verify that the facts contained within the foregoing document are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: ;7 ?? (?? CERTIFICATE OF SERVICE I, John Mangan, do hereby certify that on this 3rd day of July 2006, I caused a true and correct copy of the foregoing document to be served upon the following persons by US mail: Samuel Andes 525 N. 12th Street PO Box 168 Lemoyne, PA 17043 Date: ? / ? ?? MARCIA G. GIBBS, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL DIVISION LAW RICHARD W. GIBBS, : IN DIVORCE Defendant : NO. 03-4352 ORDER AND NOW, this day of 2006, upon consideration of Plaintiff's Petition for Emergency and Injunctive Relief, it is ordered that: -1v-4k- a. d< - Defendant is enjoined from depleting or disposing of any TIAA-CREF pension benefits that he currently holds or receives in the future pending written agreement of the parties or further order of court; b. Defendant shall immediately deposit any TIAA-CREF pension benefits already received into an escrow account held by Plaintiff s counsel on behalf of the parties until written agreement of the parties or further order of court; C. All future TIAA-CREF pension funds shall be directly deposited into an escrow account held by the Plaintiffs counsel on behalf of the parties until written agreement of the parties or further order of court; BY T COURT A Z) J. `'? -4ne ,e, - MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW IN DIVORCE NO. 03-4352 ORDER AND NOW, this (71" day of -9'A, 2006, upon consideration of the foregoing Petition for Emergency and Injunctive Relief, it is hereby ordered that: 1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2) the respondent shall file an answer to the petition within ZD days of this date, 3) the petition shall be decided under Pa.R.C.P. No. 206.7; 4) argument shall be held on .4, 2006 at /o, I pm in Courtroom of the Cumberland County Courthouse; and 5) notice of the entry of this order shall be provided to all parties by the petitioner. BY COURT J. vasy?t - ! :'i 4!Jl 12- n gi, SC,n 7 la R I C E! V,Lij ^n MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW RICHARD W. GIBBS, : NO. 2003-4352 CIVIL TERM Defendant DIVORCE ORDER AND NOW, this day of 2?1_k 2006, upon consideration of the Petition to Make Rule Absolute, it is hereby ORDERED AND DECREED THAT Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C. shall be withdrawn as counsel for Plaintiff, Marcia G. Gibbs, in the above matter. BY THE CO J. 86836.1 D ,? ?. __ - -:, - ?- w _ ` ' ?,, , > , ,,- , - , - _?.. Y _; u- 7 ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 07/03/06 Case Number (See Addendum for case summary) g5ri totD qz- b3- 43 52 C?\I% l O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number COMMONWEALTH OF PA C/O PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM 245-62-1470 Employee/Obligor's Social Security Number 6263101298 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 125 associated with cases on attachment) HARRISBURG PA 17108-0125 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. $ 0.00 per month in current support $ o. 00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ o. oo per month in current and past-due medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 Per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o, oo per semimonthly pay period (twice a month). $ 0. 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 remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. B Date of Order: JUL 0 5 2006 1 O.I Form EN-02f I Service Type M OMB N., 0970-0154 Worker ID -TNC RE: GIBBS, RICHARD W. Employee/Obligor's Name (Last, First, MI) ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to pr vide a opy of this form to your employee. If yo r employee works in a state that is dierent from the state that issued this or?er, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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 employeelobligor. 3.* 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 empioyee'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: 4358100176 EMPLOYEE'S/OBLIGOR'S NAME: GIBBS, RICHARD W. EMPLOYEE'S CASE IDENTIFIER: 6263101298 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 employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §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 Service Type M If you or your employeelobligor 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 OMB No. 097"154 Form EN-028 Worker ID $oINC i ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GIBBS, RICHARD W. PACSES Case Number 937106192 PACSES Case Number Plaintiff Name Plaintiff Name MARCIA G. GIBBS Docket Attachment Amount Docket Attachment Amount 03-4352 CIVIL$ 0.00 $ 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'slobligor'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) ?lf 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 Service Type r4 Worker ID $OINC OMB No.: 0970-0154 ,,, ?`1j "??(+, ?, J' 't'?5?.- ? t•?,l? t ` ?`, ? N: ?? ?L ?? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARCIA G. GIBBS } Docket Number 03-4352 CIVIL Plaintiff } VS. ) PACSES Case Number 937106192 RICHARD W. GIBBS } Defendant ) Other State ID Number ORDER AND NOW, to wit on this 27TH DAY OF JULY, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or ® Petition to Modify or Q Other filed on MAY 17, 2006 in the above captioned matter is dismissed without prejudice due to: THE DEFENDANT NOT APPEARING FOR THE SCHEDULED MODIFICATION CONFERENCE ON THIS DATE. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY CO ,w v Z Edgar B. Bayley, JUDGE DRO; R.J. Shadday Form OE-506 Service Type M Worker ID 21005 ?-y rv (? c. : T "- i ??; , y ? V i ? ..'1 ..../ I'....,. % - ? r ? MARCIA G. GIBBS, Plaintiff V RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 03-4352 IN RE: PETITION FOR EMERGENCY & INJUNCTIVE RELIEF ORDER OF COURT AND NOW, this 4th day of August, 2006, on representation of counsel for the plaintiff, hearing herein is continued pending receipt from counsel of a stipulated resolution. By the Court, arl Rominger, Esquire For Plaintiff muel Andes, Esquire For Defendant < A :bg 'x' , /? Kevin A. Hess, J. .0\0 n VIWAWNNBd Amcrj Me) s h o I Wd h- 9Aa 9uz A M OWHiOW 3K JO 30U.40-GM PACSES CASE NO. 937106192 MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATION SECTION CIVIL ACTION - DIVORCE RICHARD W. GIBBS, DEFENDANT NO. 03-4352 CIVIL ORDER OF COURT AND NOW, this 15th day of November, 2006, the Court being informed by the Domestic Relations Section that the above-captioned case meets case closure criteria due to the Order no longer being able to be enforced under state law through the Domestic Relations Section, IT IS HEREBY ORDERED AND DIRECTED that the above captioned case be closed without prejudice pursuant Pa R.C. P. § 1910.19. This case is closed with arrears of $1676.00due the plaintiff. This Order shall become final ten days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT, Q'W'oo Edgar B. Bayley, Judge DRO: R. J Shadday Service Type M FORM OE-001 Worker 21005 ^T'i C'I -1 F MARCIA G. GIBBS, . Plaintiff vs. RICHARD W. GIBBS, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 4352 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this bltl- day of i 4h?n? , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settelement agreement dated August 11, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q N G Edgar B. Bayley, P.J. cc:6hn J. Mangan Attorney for Plaintiff /Attorney L. Andes Attorney for Defendant LU `' - ! LIJ LL) COI . ?t?. W S . 0 cat V MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LAW IN DIVORCE NO. 03-4352 EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff Marcia Gibbs, by and through her attorney, John J. Mangan, Esquire, and files this Emergency Petition for Special Relief, and in support thereof, avers as follows: 1. Plaintiff is Marcia Gibbs, an adult individual who currently resides at 2218 Three Oaks Court, Ft. Collins, CO 80526. 2. Defendant is Richard Gibbs, an adult individual whose legal address at this time in uncertain; however upon information and belief, Defendant is currently incarcerated in Ohio awaiting sentencing following a plea of guilty to various criminal charges. 3. Defendant is represented by Samuel Andes, Esquire in the divorce proceedings 4. On or around July 2006 Defendant appointed Elizabeth Gardner, Esquire to be his attorney in fact and agent. 5. The parties were married on August 21, 1964 in Salt Lake City, Utah, and are presently separated. 6. Plaintiff has commenced a divorce action in this matter by a Complaint filed in the Court of Common Pleas of Cumberland County, Pennsylvania, which action is docketed to 2003-4352 Civil Term. 7. The parties have been able to distribute most of their marital assets by mutual agreement. 8. However, Defendant's significant TIAA-Cref pension account from his employment at Shippensburg University had been a source of on-going negotiation. 9. Plaintiff became aware that Defendant was arrested in North Carolina and posted bail on June 30, 2006. 10. Plaintiff was concerned that Defendant was a flight risk and would deplete his TIAA-Cref pension account to Plaintiff's detriment. 11. On July 3, 2006, the undersigned filed a Petition for Emergency and Injunctive Relief to freeze Defendant's TIAA-Cref account. 12. The Honorable Judge Hess signed a temporary order and held a hearing on the matter in August 2006 whereby the temporary order was confirmed. 13. On or about August 11, 2006, Plaintiff and Defendant executed a Marital Settlement Agreement whereby Defendant agreed to transfer a certain percentage of his TIAA-Cref pension accounts to plaintiff. 14. Defendant did in fact abscond and was featured on America's Most Wanted. 15. Defendant was tracked by the United States Marshalls and was located and arrested in Latin America. 16. The undersigned contacted an actuary to prepare a QDRO to transfer the TIAA-Cref funds pursuant to the Marital Settlement Agreement. 17. However, said QDRO could not be accomplished due to TIAA-Cref s assertion that Defendant's TIAA-Cref account no longer existed as the Plaintiff had contemplated. 18. . Upon information and belief, Defendant at some unknown time prior to July 1, 2006 transformed his TIAA-Cref pension accounts into a straight life annuity; i.e. Defendant was to receive a certain amount per month until he dies. 19. Upon information and belief, Defendant did not choose any option to name Plaintiff as a beneficiary and once Defendant dies, TIAA-Cref s obligation to disburse the annuity payments stops. 20. Upon information and belief, Defendant did not inform TIAA-Cref that he was still married and that there was a pending divorce whereby Plaintiff was entitled to some distribution of his retirement account. 21. As it appears to stand now, should Mr. Gibbs befall some calamity and perish, his TIAA-Cref funds disappear. 22. An Order of Court is necessary to transform the straight-life annuity back into a traditional pension account so that a distribution of Marital Assets can be accomplished and the divorce finalized. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order: a. Directing and ordering TIAA-Cref to transform Defendant's current straight-life annuity back into a fund that can be distributed pursuant to the Marital Settlement Agreement; and b. any other relief that the Court deems appropriate. Respectfully submitted, Jo j Co sel for Plaintiff MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL DIVISION LAW : IN DIVORCE : NO. 03-4352 STIPULATION OF PARTIES AND NOW, this 9th day of May 2007, it is hereby stipulated that TIAA-Cref is directed to transform Defendant Richard Gibbs' (Social Security NO. 245-62-1470) current straight life annuity, that was originally TIAA-Cref annuity account B9340965, back into an account whereby a Qualified Domestic Relations Order can be accomplished pursuant to the Marital Settlement Agreement. Date: Marcia G. Gibbs Plaintiff Date: Richard W. Gibbs Defendant Verification I, John Mangan, hereby state that I am familiar with the facts and circumstances in the instant matter. I further verify that the facts contained within the foregoing document are true and correct to the best of my knowledge, information and belief and are made pursuant to 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ?-If ?07 /? ///? /-? ?? ---------- John 4g CERTIFICATE OF SERVICE 474--, I, John Mangan, do hereby certify that on thisXth day of May 2007,1 caused a true and correct copy of the foregoing document to be served upon the following persons by US mail and/or facsimile: Samuel Andes 525 N. 12" Street PO Box 168 Lemoyne, PA 17043 761-1435 Elizabeth Gardner, Esq. 230 Royal Palm Beach Blvd. Royal Palm Beach, FL 33411 561-333-188% Date: t? , MAY 10 20 MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL DIVISION LAW RICHARD W. GIBBS, IN DIVORCE Defendant NO. 03-4352 ORDER AND NOW, this !y day of ". gq, 2007, upon consideration of the foregoing Emergency Petition for Special Relief, it is hereby ordered that: 1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2) the respondent shall file an answer to the petition within ?0' days of this date; 3) the petition shall be decided under Pa.R.C.P. No. 206.7; 4) argument shall be held on „ am/ a0 , 2007 at 9;O!V in Courtroom of the Cumberland County Courthouse; and 5) notice of the entry of this order shall be provided to all parties by the petitioner. BY COURT x1l J. Z-? :C WJ '--'i I LOOZ -IJHI nlo MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03-4352 CIVIL RICHARD W. GIBBS, Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this !1 4 day of June, 2007, hearing in the above-captioned matter set for June 20, 2007, is continued to Friday, July 20, 2007, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, hn J. Mangan, Esquire For the Plaintiff /amuel L. Andes, Esqui For the Defendant :rlm 4 ? I Pi(?Y 2f0l,91 'Jui # 't [ i i F511 ', ?? MARCIA G. GIBBS, Plaintiff V . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. 03-4352 CIVIL TERM RICHARD W. GIBBS, IN DIVORCE Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 20th day of July, 2007, upon consideration of Plaintiff's Emergency Petition for Special Relief, it is ordered that TIAA-Cref is directed to convert Defendant Richard W. Gibbs' (Social Security No. 245-62-1470) current straight life annuity, that was originally TIAA-Cref annuity account B9340965, to an account whereby a qualified domestic relations order can be accomplished pursuant to the marital settlement agreement. By the Court, in A. Hess, J. ohn Mangan, Esquire For the Plaintiff muel Andes, Esquire or the Defendant Xizabeth Gardner, Esquire 230 Royal Palm Beach Blvd. Royal Palm Beach, FL 33411 J :bg MARCIA G. GIBBS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAT V. CIVIL ACTION - LAW RICHARD W. GIBBS, NO. 03 - 4352 CIVIL Defendant IN CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was September 5, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the fmal Decree in Divorce after service of N Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING UNSWORN FALSIFICATION TO AUTHORITIES. Date Marcia G. Gibbs on of C=:J Clu ?LLw MARCIA G. GIBBS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. 2003-4352-CIVIL TE M RICHARD W. GIBBS, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about 13 February 2004 and was served thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Noti a of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of p lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is enters by the court and that a copy of the decree will be sent to me immediately after it is file with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -20 F-e?p 2400.a Dated: RICHARD W. GIBBS ? CID FT• MARCIA G. GIBBS, Plaintiff V. RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN CIVIL ACTION - LAW NO. 03 - 4352 CIVIL IN CUSTODY WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by Court and that a copy of the decree will be sent to me immediately after it is filed with Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING UNSWORN FALSIFICATION TO AUTHORITIES. Date Marcia G. Gibbs the the C''? `?'?- Cz {"' ? 'ci 'T'4 ---4 ? -tt W ? _ i TV _? `:.jl. ., C7 _ ? ? a ?"_ -'v -w- `y MARCIA G. GIBBS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2003-4352 CIVIL TERM RICHARD W. GIBBS, CIVIL ACTION-LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE " AND NOW, this l day of ? -, 2003, I, Richard`W Gibbs, Defendant above, hereby accept service of the Complaint filed in the above case pur uant I to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said I Complaint. 'i 'I r 00 Ric rd W. Gibbs 'I +l r-a ? ? ' Y' - r? "1"1 P A ? ? ..i,] r:? ,. ? ? rf ; rs C ;,? -i= ? C _ ., rr.,? :z? ?? -? MARCIA GIBBS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV V. : CIVIL ACTION - LAW RICHARD W. GIBBS, : No. 2003 - 4352 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMU RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: filed on September 5, 3003 and Services signed on September 11, 2003. 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Plaintiff February 4, 2008; by the Defendant February 20, 2008. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 20, 2008; a copy of which is attached. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the February 20, 2008; a copy of which is attached. Date: Johd . M gan, Esquire B E & MANGAN 17 . South St. Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87000 Attorney for Plaintiff of : by the : on N °?' ° a? -:. ? ?- ? 4'"' sV > ?V:: [" '© -.? ?-. " ?? r ?' '' CJ ? :J? ..._1 ?"r .?.?? MARCIA G. GIBBS, ) IN THE COURT OF COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA VS. RICHARD W. GIBBS, Defendant CIVIL ACTION - LAW NO. 2003-4352-CIVIL TERM PACSES # STIPULATION AND NOW come the above-named parties, by their attorneys, who represent that they are duly authorized to enter into this Stipulation and bind their clients by it, and stipulate and agree as follows: 1. The alimony order previously entered in this matter shall be terminated effective 30 April 2006. 2. All credits and arrears on this account shall be vacated and terminated. IN WITNESS WHEREOF the undersigned have set their hands and seals on behalf of their client. John J. a gan Attorn y f r Marcia t.Gibbs Samue L. Andes Attorney for Richard W. Gibbs Z? t7 -? 4 . L'T) i MARCIA G. GIBBS, VS. Plaintiff RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4352-CIVIL TERM STIPULATION AND NOW this 3j_ day of January 2008, the above-named parties , by their attorneys who represent to the court that they are authorized to make this stipulation on behalf of their clients, stipulate and agree that the court should enter the attached order to release the Defendant's account within TIAA CREF so it can be divided in accordance with the agreement of the parties. John J M gan Attor ey or Marcia G. ibb Date: 13?1lJ A Sam L. And_e_kJ Attorney for Richard W. Gibbs Date: 10 January 2008 r- Co MARCIA G. GIBBS, VS. Plaintiff RICHARD W. GIBBS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-4352-CIVIL TERM ORDER OF COURT t 4-P AND NOW, this I5` day of 3artrar2008, upon the Stipulation of the parties, by their counsel, we hereby vacate our order of -la ( 2001 and set aside any stay or injunction regarding the Defendant's benefits with TIAA CREF so that those benefits can be divided and distributed in accordance with the agreement of the parties and a Qualified Domestic Relations Order can be entered in this case. Distribution: .?lohn J. Mangan, Esquire (Attorney for Plaintiff) 57 West Pomfret Street, Carlisle, PA 17013 v4amuel L. Andes, Esquire (Attorney for Defendant) 525 North 12`h Street, P.O. Box 168, Lemoyne, Pa 17043 V, 0? „? r ?y? , t r, , Ir''-?t?' ? U?" ? U ( ??? 1 ?, S y ? ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff NO. 4357 2003 VERSUS Defendant DECREE IN DIVORCE AND NOW, 7+i?c?.+?-. 28 IT IS ORDERED AND DECREED THAT Marcia r_ Gibbs , PLAINTIFF, AND Richard W. Gibbs DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; 'Phe marital settlement agreement is incorporated but BY THE OURT:/ ATT E .? J. PROTHONOTARY A, a