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HomeMy WebLinkAbout08-6547C, SHERRI ANN DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA (f ?O ??j7 ctv % fi?r? VS. :NO. MICHAEL WADE DAVIS, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE, RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 SHERRI ANN DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. os.? (o?y7 c??( f<<? VS. MICHAEL WADE DAVIS, : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNTI COMPLAINT FOR DIVORCE UNDER SECTION 3301(0) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Sherri Ann Davis, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Sherri Ann Davis, who is an adult individual who currently resides at 23 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Michael Wade Davis, an adult individual who currently resides at 23 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on May 30, 1998, in Newville, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 10. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. COUNT III CLAIM FOR ALIMONY PENDENTE LITE 12. Paragraphs 1 through 11 above are incorporated herein by reference. 13. Plaintiff is unable to sustain herself during the course of litigation. 14. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until a final hearing and thereupon to enter an Order of alimony in favor of Plaintiff. Respectfully submitted, Dated S ?o By: I. Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff ., VERIFICATION 1, Sherri Ann Davis, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: // 05 G §- Ann Davis ^L W d, d 0 %k I W 3 Q \ c C> r ..c a L h d L C? 'b O f n fi c3 (D cy uo -n -{ i C-Irl 3:^ .f 0 SHERRI ANN DAVIS, Plaintiff VS. MICHAEL WADE DAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. p$?LS?7 c?v,? ?trp? : 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 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. IF YOU DO NOT FILE A RESPONSE OR A CLAIM FOR CUSTODY, YOU MAY RIGHTS INCLUDING CUSTODY OR VISITATION OF YOUR CHILD. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 SHERRI ANN DAVIS, Plaintiff VS. MICHAEL WADE DAVIS, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Sherri Ann Davis, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain custody of Madlyn Grace Davis, born September 30, 1999, age 9 years. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. ?7 GNr I `?'tlw COUNT I - COMPLAINT FOR CUSTODY 1. Plaintiff is Sherri Ann Davis, an adult individual who currently resides at 23 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is Michael Wade Davis, an adult individual who currently resides at 23 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. Plaintiff seeks custody of MADLYN GRACE DAVIS, (hereinafter the child), who currently resides at 23 Erick Drive, Boiling Springs, Cumberland County, Pennsylvania. 6. The child was born in wedlock. 7. The child is presently in the custody of Plaintiff, Sherri Ann Davis, who currently resides at 23 Erick Drive, Boiling Springs, Cumberland County, Pennsylvania. 8. During the past five years the child has resided with the following persons at the following addresses: A. From 11/14/03 to the present at 23 Erick Drive, Boiling Springs, Cumberland County, Pennsylvania, with Plaintiff and Defendant and with a step-brother, Branden Kuhn; 9. The mother of the child is Sherri Ann Davis, and she has a present address of 23 Erick Drive, Boiling Springs, Cumberland County, Pennsylvania. 10. The father of the child, Michael Wade Davis, has a present address of 23 Erick Drive, Boiling Springs, Cumberland County, Pennsylvania. 11. The relationship of the Plaintiff to the child is that of natural mother. 12. The relationship of the Defendant to the child is that of natural father. 13. The Plaintiff has not participated as a party in any action brought by Defendant or any other persons relating to the custody of the child. 14. Plaintiff desires to maintain the primary physical custody of the child with reasonable periods of visitation with Defendant. 15. Defendant has been diagnosed as being bi-polar, having ADHD and clinical depression, and having anger issues: Plaintiff avers that Defendant is unable to provide a stable atmosphere to provide for the needs of the child on a full-time basis. 16. Defendant is presently under the care of a psychiatrist for drug and alcohol abuse. 17. Defendant is under the care of a drug and alcohol counselor. 18. Defendant self-medicates with marijuana. 19. Defendant consistently switches from being a reasonable person to an angry, aggressive person. 20. Plaintiff is fearful for her safety and her daughter's safety. VERIFICATION 1, Sherri Ann Davis, verify that the facts set forth in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: // 'S_ Ann Davis t7 ^? CZ) n a S y rlo Q? I ? v n SHERRI ANN DAVIS, Plaintiff VS. MICHAEL WADE DAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6547 Civil : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S REQUEST FOR HEARING ON PETITION FOR ALIMONY PENDENTE LITE TO THE PROTHONOTARY: Plaintiff, Sherri Ann Davis, by and through her counsel, Mark A. Mateya, Esquire, hereby respectfully requests that a hearing be scheduled on Plaintiffs Petition for Alimony Pendente Lite filed to the above term and number at the earliest convenience of the Court. Respectfully submitted, Mark A. Mateya, Esqui Attorney ID No. 78931 P.O. Box 127 Date: 11 /I/os- Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Petition to Schedule Hearing on Alimony Pendente Lite on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Stacy Barker Wolf Esquire Wolf & Wolf 10 West High Street Carlisle PA 17013 Dated: I i j 7 1V-6- Li k - b?gL Mark A. Mateya, E uire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax ry al LET ??? ? h'g ?..J, SHERRI ANN DAVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6547 CIVIL ACTION LAW MICHAEL WADE DAVIS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, November 10, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, December 19, 2008 ___ at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ John j. Mangan, Jr., Esq. jjhcZ Custody Conciliator r1 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 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 Telephone (717) 249-3166 A?v VWMN MN A- roo IS =z um z I AON alo , dIIIIINII d SHERRI ANN DAVIS, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-6547 CIVIL TERM MICHAEL W. DAVIS, IN DIVORCE Defendant/Respondent PACSES NO: 452110478 ORDER OF COURT AND NOW, this 12th day of November, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on December 8, 2008 at 1:30 P.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 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Mark A. Mateya, Esq. Stacy B. Wolf, Esq. Date of Order: November 12, 2008 4Sdday, /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 . co SHERRI ANN DAVIS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08-6547 MICHAEL WADE DAVIS, : CIVIL ACTION - LAW Defendant : IN DIVORCE and CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 12th day of November, 2008, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce and Custody was filed to the above term and number on November 5, 2008. 2. On November 6, 2008, a certified copy of the Complaint for Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. See the Receipt attached hereto as Exhibit "A" and incorporated herein by reference. 3. On November 6, 2008, a certified copy of the Complaint for Divorce and Custody was sent to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. 4. On or about November 10, 2008, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on or about November 7, 2008. Said receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya, uire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Affidavit of Service on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Stacy Barker Wolf Esquire Wolf & Wolf 10 West High Street Carlisle PA 17013 Dated: ( l G r Mark A. Mateya, Esqu PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax I U.S. Postal Service,„ CERTIFIED MAIL,,. RECEIPT (Domestic Mail Only; No Insurance coverage Provided) P-A-l:--------- -. .. Postage $ rU M ru C3 certified Fee C3 Return Redept Fee (Endorsement Required) C3 R Fee 13 (Endo Oi R'-equi) Lr) C3 Total Postage & Fees . y?- r5 Aa G7 30.: M - -= ° Rt 1 C1? 1? E,Cr ° a Y)5 r%- s6eal. .. ... ---- -- or PO Box No. cxy'sieie ----- 170017 ¦ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: 7'Y? f CI?AE?. "X. N Y1,5 ?C)? 17kiVE PA /rjowl A. Signature X B. Received by (Pdnted1Yame, D. Is delivery address diffetertt fir113/ Yes If YES, enter delivery address o No, 419 3. Service Type Certified mail 0 Express Mail NRegistered 0 Retum Receipt for Merchandise 0 Insured mail 0 C.O.D. 4. Restricted Delivery? (ExhB Fee) Id Yes 2. Article Number 7003 0500 0004 2325 9307 (Tiansler hd?rr service !at)e/) Ps Form 3811, February 2004 Domestic Return Receipt 102598-o2-M•1; 1 MAY E USED FOR D-- -" r iris,A 1 t OF MAILING s ROV DE FOR INSUR NCE POSTMASTERNATIONAL MAIL, DOES T'?F N /? I Received From: f F- C) 0 4w P, 0 d /a o? o? So t /- I A)& ?PRfV ?" ,4 / rIOe G? ps ?,o One piece of ordinary mail addressed to: W J A('4 z C) ? N? SIC-.LZ'1Z7- 3 ??-- _>? N ry j? ?/+? C 17)Ci(n • LA -4 0 I. ?JV P D / /'? odC=) IX7 CZ7 0 P/? ?JU b.? A / Dd cn m v D PS Form 3817, 'Mar. 1989 Billing Atty - none c_- 1 rC rC? ? 4 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 844110461 Co./City/Dist. of CUMBERLAND 1005 S 2008 Date of Order/Notice 12/08/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number R S MOWERY & SONS INC 1000 BENT CREEK BLVD MECHANICSBURG PA 17050 203-66-1122 Employee/Obligor's Social Security Number 8337102056 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. $ $ 624.00 0.00 $ 0.00 $ 0.00 $ 150.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support Arrears 12 weeks or greater? per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 774.00 per month to be forwarded to payee below. Q yes ® no 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: $ 178.62 per weekly pay period. $ 387, 00 per semimonthly pay period (twice a month) $ 357.23 per biweekly pay period (every two weeks) $ 774.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUAl'1'11F61RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. / L BY THE COURT: Edward E. DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 08-6547 CIVIL OOriginal Order/Notice OAmended order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE:DAVIS, MICHAEL W. Employee/Obligor's Name (Last, First, MI) Judge Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El If hecked you are required to provide a copy of this form to your m loyee. If yo?1 r employee works in a state that is dierent from the state that issued this order, a copy must be provieedpto 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this 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. 2314125290 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DAVIS, MICHAEL W. EMPLOYEE'S CASE IDENTIFIER: 8337102056 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or 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. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMS No.: 0970-0154 Worker ID $IATT i `. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DAVIS, MICHAEL W. PACKS Case Number 452110478 PACSES Case Number 844110461 Plaintiff Name Plaintiff Name SHERRI-ANN C. DAVIS SHERRI-ANN C. DAVIS Docket Attachment Amount Docket Attachment Amount 08-6547 CIVIL$ 150.00 01005 S 2008 $ 624.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB MADLYN G. DAVIS 09/30/99 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT s? r C'x cd.? wHERRI-ANN C. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-6547 CIVIL TERM MICHAEL W. DAVIS, IN DIVORCE Defendant/Respondent PACSES Case No: 452110478 ORDER OF COURT AND NOW, this 8th day of December 2008, based upon the Court's determination that the ?etitioner's monthly net income/earning capacity is $ 1,152.96 and the Respondent's monthly net ncome/earning capacity is $ 3,064.20, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Hundred Fifty and 00/100 Dollars ;$ 150.00) per month payable weekly as follows: $ 150.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due after January 1, 2009: in accordance with [respondent's pay schedule in the amount of $ 34.62 weekly. The effective date of the order is November 12, 2008. Arrears set at $ 0.00 as of December 8, 2008. 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, at 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: Sherri-Ann C. Davis. 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 Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250 annually for unreimbursed medical expenses incurred for the obligee. Unreimbursed medical expenses of the obligee that exceed $250 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0 % by the Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that the medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist of, at a minimum of: 1) the name of the health care coverage provide(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. The parties agree that there is no balance due to the Petitioner through 12/31/08 purusnat to a direct payment to the Petitioner. This Order considers a downward deviation due to the respondent having the obligation of the mortgage on the marital home. This Order shall become final twenty (20) 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. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: December 9, 2008 to: Petitioner Respondent Mark A. Mateya, Esq. Stacy B. Wolf, Esq. BY THE COURT, Edward E. Guido, J. DRO: R.J. Shadday ? .dry v SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant 5 DEC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this /2?Aof December 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. This Order is entered pursuant a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the /34 day of , 2009 at am/A in Courtroom number in the Cumberland County Court of ommon Pleas, Carlisle, PA 17013 at which time testimony will be taken in regard to the physical custody for the subject Children. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least five days prior to the hearing date. 2. Legal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: The Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Commencing December 26, 2008, Father shall have physical custody of the Child from Friday 6:00 pm until Sunday 6:00 pm on alternating weekends b. Father shall have physical custody of the Child every Wednesday from 4:00 pm until 8:00 pm. C. Father shall have additional periods of physical custody of the Child as mutually agreed to. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. 1 i,.L l' ?±! z til C O .f-) Wv ?z 030 Bool 6. Neither parry may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. Di bution: ark Mateya, Esquire y Wolf, Esquire J. Mangan, Esquire S go, SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Madlyn Grace Davis 09/30/1999 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on December 19, 2008 with the following individuals in attendance: The Mother, Sherri Davis, with her counsel, Mark Mateya, Esq. The Father, Michael Davis, with his counsel, Stacy Wolf, Esq. 3. Mother's position on custody is as follows: Mother asserts that she should have primary physical custody of the Child due to alleged concerns regarding Father's drug/alcohol issues and mental health/emotional issues. Mother indicates that a shared physical custody arrangement is not appropriate at this point. Mother asserts that she has been the primary care- giver for all of the Child's life. Mother desires the Father to be involved in the Child's life. Mother asserts that she can give the Child a safe and stable environment. 4. Father's position on custody is as follows: Father asserts that he has also raised the Child with Mother at all times until Mother and Father split up. Father desires to have a shared physical custody situation. Both Mother and Father live very close by which would make this possible. In regard to Mother's concerns, Father asserts that he has adequately addressed said concerns. Father alleges that he too can provide a safe and stable environment for the Child. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of Court regarding custody as outlined. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require one day. 6. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: z &?? 7 HOLIDAYS AND TEWES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1 S Half From 9 am until 3 m Father Mother Easter Da 2n Half From 3 m until 9 m Mother Father Memorial Day Is' From 9 am until 3 pm Mother Father half Memorial Day 2° From 3 pm until 9 pm Father Mother half Independence Day From 9 am until 3 pm Father Mother 1 st half Independence Day From 3 pm until 9 pm Mother Father 2nd half Labor Da 1St half From 9 am until 3 m Mother Father Labor Da 2° half From 3 m until 9 m Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1 S From 8 am Thanksgiving Day to 2 Mother Mother Half m on Thanksgiving Da Thanksgiving 2° From 2 pm on Thanksgiving Day to Father Father half noon the day after Thanksgiving Da Christmas 1 st Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Father Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1 st (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 pm Father Father R STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDAN'T' SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 2008-6547 CIVIL TERM IN DIVORCE and CUSTODY MOTION FOR CONTINUANCE NOW comes the Defendant, Michael W. Davis, by his attorney, Stacy B. Wolf, Esquire, and presents the following motion for continuance of the February 13, 2009 custody hearing, representing as follows: 1. The plaintiff is Sherri Ann Davis, an adult individual with a mailing address of c/o Diana Hollinger, 10 Flagstone Drive, Carlisle, PA 17015. 2. The defendant is Michael Wade Davis, an adult individual residing at 23 Enck Drive, Boiling Springs, PA 17007. 3. The parties are the natural parents of one minor child, namely: Madlyn Grace Davis, born September 30, 1999. 4. A Complaint for Custody was filed by the plaintiff on November 5, 2008, and a custody conciliation was held on December 19, 2008, from which an Order was issued scheduling the case for a hearing before the Honorable Edward E. Guido on February 13, 2009 at 9:30 a.m. 5. The undersigned counsel will be out of the state on February 13, 2009 and is therefore requesting that this hearing be continued to the next available date. 6. Concurrence in the foregoing motion was sought from Counsel for Plaintiff, Mark A. Mateya, Esquire, and Attorney Mateya concurs in such request. WHEREFORE, Defendant, Michael Wade Davis, respectfully requests that the Court issue an Order continuing the custody hearing currently scheduled for February 13, 2009, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: 10 3 / O g By: Stacy B. olf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, do hereby verify I am counsel for Movant, and the facts set forth in this motion are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. l 3l 0 Stacy B. Wolf Counsel for efendant STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008-6547 CIVIL TERM : IN DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Defendant, do hereby certify that this date, I have served a copy of the foregoing Motion to Continue, upon the following person, by United States Mail, addressed as follows: Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 Respectfully submitted, Dated: ? 3 / 0 b WOLF & WOLF, Attorneys at Law By: --V? 4f). Stacy B. Wolf, Esquire ZUy- 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant .. _.:'# Y _ C` .; -: ? ?l - _ _. ..._.t S` JAN 0 2 zaa 5 SHERRI ANN DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 2008-6547 CIVIL TERM MICHAEL WADE DAVIS, Defendant : IN DIVORCE and CUSTODY ORDER OF COURT AND NOW this day of , 2009, upon consideration of the attached Motion, it is hereby ordered that the custo y hearing scheduled for February 13, 2009 at 9:30 a.m., be rescheduled to MA4 (* , 2009, at 7-430 ru • A THE -COU.I': Edward E. Guido, J. ?stribution: Mark A Mateya, Esquire For the Plaintiff V' Stacy& Wolf, Esquire For the Defendant /?LIpQ c :4 1414 60OZ SHERRI ANN DAVIS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL WADE DAVIS NO. 2008 - 6547 CIVIL TERM ORDER OF COURT AND NOW, this 91-H day of JANUARY, 2009, because of a conflict, the hearing scheduled for March 6, 2009, at 9:30 a.m. is rescheduled to WEDNESDAY, MARCH 11, 2009. at 9:30 a.m. in Courtroom # 3. By th Edward E. Guido, J. /Mark A. Mateya, Esquire Z Stacy B. Wolf, Esquire :sld CAD r? c E S m,? t ?£c?., r /? 240? 6 4 :6 WV Z 1 NVf 6602 hb'?'G':.sad 3G SHERRI ANN DAVIS, IN THE COURT OF COMMON PLEA; OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6547 CIVIL TERM MICHAEL WADE DAVIS, CIVIL ACTION -LAW Defendant IN DIVORCE and CUSTODY PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant in the above-captioned matter. submitted, Date: /// '//0 / Stacy B. Wq9f, Esquire 10 West High Street arlisle. PA 17013 (717) 241-4436 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, Date: 1 IT'i t Qa kl n - n L ` i. n h K. R n A t\i1 _'k Hannah Herman-Snyder, Esquire GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle., PA 17013 (717) 243-5`51 N c ° a -TI 7 "? rF h7 -G In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: MICHAEL W. DAVIS Member ID Number: 8337102056 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name SHERRI-ANN C. DAVIS SHERRI-ANN C. DAVIS PACSES Docket Case Number Number 452110478 08-6547 CIVIL 844110461 01005 S 2008 Attachment Amount/Frequenc $ 150.00 /MONTH $$$ 624.00 MONTH / TOTAL ATTACHMENT AMOUNT: $ 774.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 178.13 per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, MICHAEL W. DAVIS Social Security Number XXX-XX- 1122 , Member ID Number 8 3 3 710 2 0 5 6 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 11, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JAN 2 0 2009 DRO: R. J. SHADDAY Service Type M EDWARD E. GUIDO, JUDGE Form EN-530 Rev.2 Worker ID $ IATT C ' t Zip .a- a N ? r :f SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 11th day of March, 2009, after hearing, all prior Orders are vacated and replaced with the following: 1: Legal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical custody: A. During the school year, Mother shall have primary physical custody of the child subject to Father's partial physical custody as follows: i. Every other Friday from after school until Monday at the beginning of school. ii. Every Wednesday from after school until Thursday at the beginning of school. iii. At such other times as the parties shall agree. B. Summer months. From the Friday after school is out until 4:00 p.m. on the Friday before school begins, Father shall have primary physical custody of the child subject to periods of partial physical custody in Mother as follows: i. Every other weekend from Friday at 4:00 p.m. until Monday at 8:00 a.m. ii. Every Wednesday from 4:00 p.m. until Thursday at 8:00 a.m. iii. Such other times as the parties agree. C. Each party shall be entitled to one 7-day uninterrupted period of custody each summer upon giving the other party at least 30 days notice. 4. The non-custodial parent shall have liberal telephone contact with the child on a reasonable basis. Provided, however, that neither party shall ask the child to convey a message to or ask the child to be allowed to talk to the other party during said phone conversations. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In cases of conflict with other provisions in this Order, the holiday schedule prevails, except with regard to summer holidays, in which case the 7-day uninterrupted period shall prevail. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the y. other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the child. Neither party shall discuss any custody litigation issues with the child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Mother shall arrange to have the child meet with a counselor mutually agreed upon by the parties within 30 days of today's date to undergo an evaluation. The parties shall see that any treatment recommendations are followed. The cost of said evaluation and treatment to be shared by the parties. 10. We strongly suggest, although we are not ordering, that the parties engage in co-parent counseling. B 'the Court,) Edward E. Guido, J. /ark Mateya, Esquire For the Plaintiff ---*H'annah Herman-Snyder, Esquire For the Defendant srs Car t Es /rtz c l?C VNvAIASti?Jr?uNn t 61 • I I WV 91 HVW 600Z AdViONKAL d 3RL ?O i 4 HOLIDAYS AND TEWES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1 Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day 1 From 9 am until 3 pm Mother Father half Memorial Day 2° From 3 pm until 9 pm Father Mother half Independence Day From 9 am until 3 pm Father Mother 1 st half Independence Day From 3 pm until 9 pm Mother Father 2°d half Labor Da 1 half From 9 am until 3 m Mother Father Labor Da 2° half From 3 m until 9 m Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1 S From 8 am Thanksgiving Day to 2 Mother Mother Half m on Thanksgiving Da Thanksgiving 2° From 2 pm on Thanksgiving Day to Father Father half noon the day after Thanksgiving Da Christmas 1 S Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2 Half From noon on 12/25 to noon on Father Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination Mother's Day I From 9 am until 9 m Mother Mother Father's Da From 9 am until 9 m Father Father 4or ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-6547 CIWL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 844110420 OAmended Order/Notice Date of Order/Notice 03/20/09 1005 S 2008 QTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE:DAVIS, MICHAEL W. EmployerNVithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) R S MOWERY & SONS INC 1000 BENT CREEK BLVD MECHANICSBURG PA 17050 203-66-1122 Employee/Obligor's Social Security Number 8337102056 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. $ 0.00 per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Qyes ® no $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support $ o. oo per month in past-due spousal support $ o . oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ o. oo 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: $ 0.00 per weekly pay period. $ o. oo per semimonthly pay period (twice a month) $ o . 00 per biweekly pay period (every two weeks) $ 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 required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND TH S MEMBER ID (shown BE PROCESSED. above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY N R ITO DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R. J. Shadday Service Type M OMB No.: 0970-0154 Edward E. Guido, Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS I heck you are required to provide a opy of this form to your m loyee. If yo r employee works in a state that is ierent from the state that issued this or?er, a copy must be provi ec?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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 231412 52 90 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DAVIS, MICHAEL W. EMPLOYEE'S CASE IDENTIFIER: 8337102056 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- 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 (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or 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. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 4 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DAVIS, MICHAEL W. PACSES Case Number 452110478 Plaintiff Name SHERRI-ANN C. DAVIS Docket Attachment Amount 08-6547 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACKS 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 Service Type M Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev. 4 Worker I D $ IATT 50 -? `?L't1 T •t SHERRI-ANN C. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-6547 CIVIL TERM MICHAEL W. DAVIS, IN DIVORCE Defendant/Respondent PACSES CASE: 452110478 ORDER OF COURT AND NOW to wit, this 8th day of April, 2009, it is hereby Ordered that the Order for Alimony Pendente Lite in the above captioned matter, is suspended, effective April 7, 2009. There is a remaining balance of $269.27 owed to the Petitioner. Collection on the balance will be held in abeyance until further Order of Court. The Petitioner may request a review of the Alimony Pendente Lite Order at her call, based upon a change of circumstance with either the Respondent's income or the circumstance of the marital home. BY THE COURT: EdV ar' . Gu o, ` J. DRO: R.J. Shadday xc: Petitioner Respondent Mark A. Mateya, Esq. Hannah Herman Snyder, Esq. Service Type: M Form OE-001 Worker: 21005 RLED-OF+ IC;c PEN"""SYLV r"yA SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE and CUSTODY PETITION FOR CONTEMPT AND NOW comes Petitioner, Michael Wade Davis, the above named Plaintiff, by and through his attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Petitioner, hereinafter "Father," is Michael Wade Davis, the above named Defendant. 2. Respondent, hereinafter "Mother," is Sherri Ann Davis, the above named Plaintiff. 3. The parties are the natural parents of Madlyn Grace Davis, born September 30, 1999. 4. The parties are subject to an Order of Court dated March 11, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 5. Pursuant to the Order, Father is to exercise primary physical custody during the summer from the Friday after school is out until 4:00 p.m. on the Friday before school begins, subject to Mother's periods of partial physical custody. 6. The school year ended on Thursday, June 4, 2009 such that Father's period of custody should have begun on Friday, June 5, 2009 and, between counsel, it was agreed upon that Mother would drop the child off to Father on Friday at approximately 9:00 a.m., and Father would drop the child off to Mother on Friday at approximately 4:00 p.m. such that Mother could begin to exercise her period of partial physical custody, beginning her alternating periods of weekend custody. 7. Mother never dropped the child off, as was agreed upon, and after making attempts through counsel on Monday, June 8, 2009, to no avail, Father went to Mother's residence and after several telephone calls to Mother, Father was able to obtain custody of the child at approximately 3:30 p.m., thereby missing two (2) full days of custody. 8. Judge Guido has been involved in this custody matter. 9. Mother is being provided notice of the filing of these proceedings, via her counsel, Mark Mateya, Esquire, by U.S. mail, postage prepaid. WHEREFORE, Petitioner prays this Honorable Court adjudge the Respondent in contempt of the Order of March 11, 2009, to impose such sanction and penalties as the Court deems appropriate to assure the Respondent's future compliance with the Court's Orders in this matter, the Petitioner be awarded compensatory custodial time from the time wrongfully deprived from him by Respondent, and that Petitioner be awarded attorney's fees which the Court deems equitable and just. Respectfully Submitted, TiC L&aL 24-0?p-'z -Air\ Hannah Herman-Snyder, Esq ire Attorney for Defendant/Petitioner GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:, ?U U9 MICHAEL W. DAVIS SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant :r PLEAS OF IN THE ACOURT OF COMMON NDND COUNTY, PENNSYLVANIA CUMBERLAND NO. 08-6547 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this 11th day of March, 2009, after hearing, all prior orders are vacated and replaced with the following: 1: Legal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. Section 5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to, medical, dental, religious or school records, the residence address of the child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical custody: A. During the school year, Mother shall have primary physical custody of the child subject to Father's partial physical custody as follows: i. Every other Friday from after school a until Monday at the beginning of school. _-A J Q ii. Every Wednesday from after school until Thursday at the beginning of school. iii. At such other times as the parties shall agree. B. Summer months. From the Friday after school is out until 4:00 p.m. on the Friday before school begins, Father shall have primary physical custody of the child subject to periods of partial physical custody in Mother as follows: i. Every other weekend from Friday at 4:00 p.m. until Monday at 8:00 a.m. ii. Every Wednesday from 4:00 p.m. until Thursday at 8:00 a.m. iii. Such other times as the parties agree. C. Each party shall be entitled to one 7-day uninterrupted period of custody each summer upon giving the other party at least.30 days notice. 4. The non-custodial parent shall have liberal telephone contact with the child on a reasonable basis. Provided, however, that neither party shall ask the child to convey a message to or ask the child to be allowed to talk to the other party during said phone conversations. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In cases of conflict with other provisions in this order, the holiday schedule prevails, except with regard to summer holidays, in which case the 7-day uninterrupted period shall prevail. f;. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the child from the other party, or injure the opinion of the child as to the other party, or may hamper the free and natural development of the child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the child. Neither party shall discuss any custody litigation issues with the child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9 Mother shall arrange to have the child meet with a counselor mutually agreed upon by the parties within 30 days of today's date to undergo an evaluation. The parties shall see that any treatment recommendations are followed. The cost of said evaluation and treatment to be shared by the parties. 10. We strongly suggest, although we are not ordering, that the parties engage in co-parent counseling. B %the Court , Edward E. Guido, J. ,I p' FROM k? Mark Mateya, Esquire %loom For the Plaintiff H ah Herman-Snyder, Esquire - J, J) F r the Defendant srs HOLIDAYS AND TIlVIES EVEN YEARS . SPECIAL DAYS is Half From 9 am until 3 m Father Easter Da Easter Da 2n Half From 3 m until 9 m Mother Mother Memorial Day is From 9 am until 3 pm half Memorial Day 2n From 3 pm until 9 Pm Father half Independence Day From 9 am until 3 pm Father 1st half Independence Day From 3 pm until 9 pm Mother 2nd half Labor Da 1 -'half From 9 am until 3 m Mother Father abor Da 2n half H m 3 m until 9 m n e hour before trick or Fr o Father alloween m o r o treating to one hour after trick or 'Thanksgiving i st treatm From 8 am Thanksgivmg Day to 2 Mother Half 2n i i k ' ' m on Thanksgiving Da From 2 pm on Thanksgiving Day to Father ng v sg han t noon the day after Thanks vm Da half Christmas 1 Half From noon 01 1112/24 to noon on Mother Christmas 2n Half 12/25 From noon on 12/25 to noon on Father New Year's 12/26 From 6 pm 12/31 until noon January Mother 1st (with the 12/31 year to control the even/odd determination) Mother Mother's Da From 9 am until 9 m Father Father's Day From 9 am until 9 m ODD YEARS Mother Father---- Father Mother Mother Father Father Mother Mother Mother Father Mother Father Father Mother Father SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the I C?" day of June, 2009, cause a copy of Petitioner's Petition for Contempt to be served upon Respondent by serving her attorney of record by first-class mail, postage prepaid at the following address: Mark Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 DATE: t, o 09 n tin ? W ?i\rn An -?.PY??H Hannah Herman-Snyder, Esquire Attorney for Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 OF TFjE ZOII? Ja.;? i f ?'rr J ? t ?yr *'70. co Po NTTV Cti.-* x05"7 P-r# co2c2(o 58(i SHERRI ANN DAVIS, Plaintiff/Respondent vs. MICHAEL WADE DAVIS, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RESPONSE TO PETITION FOR CONTEMPT AND NOW, comes the above-named Respondent, Sherri Ann Davis, by her attorney, Mark A. Mateya, Esquire, and avers the following in response to PETITION FOR CONTEMPT filed June 11, 2009. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted; the document speaks for itself. 5. Plaintiff seeks custody of MADLYN GRACE DAVIS, (hereinafter the child), who currently resides at 23 Erick Drive, Boiling Springs, Cumberland County, Pennsylvania. 6. Admitted. 7. Admitted in part, denied in part. The parties lack of meaningful communication made this first week of summer custody difficult. Father's continued harranging of Mother concerning unrelated issues further muddies the already murky waters of communication between the parties. It is admitted that Father obtained custody of Child at approximately 3:30 on Monday; it is denied that Father was missing two (2) full days of custody, as Child was in the daycare which This Honorable Court `highly reccomended' Mother and Father avail themselves of at the most recent hearing in the case sub judice. By way of further answer, Mother works at the Early Education Center of Carlisle where Child is enrolled. The cost is $52 per week; father does not agree with utilizing this recommended daycare provider, but has attempted to enroll Child in a program costing $100 per week and offering less in time and services. Admitted. 9. Admitted. By way of further answer, Counsel for Petitioner provided a courtesy copy to Attorney Mateya just prior to filing. WHEREFORE, Respondent prays this Honorable Court dismiss the Contempt Action filed June 11, 2009, and order such other relief as it deems just and proper. Respectfully submitted, Date: Itt Q J? - Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Respondent VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, reltaing to unsworn falsifications to authorities. DATE: ' " ! CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Hannah Herman-Snyder Esquire Griffie and Associates 200 North Hanover Street Carlisle PA 17013 0 Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: b --/I _Q 9 OF THE GARY M9 JU?i 15 Al`s 8: 9 I?y SHERRI-ANN C. DAVIS, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-6547 CIVIL TERM MICHAEL W. DAVIS, IN DIVORCE Defendant/Respondent : PACSES NO: 452110478 ORDER OF COURT AND NOW, this 15th day of June, 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on July 6, 2009 at 1:30 P.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 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Mark A. Mateya, Esq. Hannah Herman-Snyder, Esq Date of Order: June 15, 2009 4SShh ,/LLooordinator 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 FILED--C } uE OF THE PR"; 2004 JUN 15 Ph 3: 15 cumb- PE7jNi,1 7 Yi..VP 1,1A , SHERRI ANN DAVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-6547 CIVIL ACTION LAW MICHAEL WADE DAVIS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 18, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 27, 2009 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ john. Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 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 Telephone (717) 249-3166 Fit, L 'OF THE g-0 .14 Pf' 6./q,off 2099 jU, 19 ' °1 4 all SHERRI ANN DAVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL WADE DAVIS DEFENDANT 2008-6547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, June 18, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, July 27, 2009 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ John an, Jr., Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 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 Telephone (717) 249-3166 C I .?i ! 1 ^r ?''r''ru Y 2009 SUIN, 19 Pi°i t : 4 0 JUL ? 7 2009 ol SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT kv\ day of July 2009, upon consideration of the attached Custody AND NOW this - Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders are hereby VACATED and replaced with this Order. Father's Petition for Contempt is hereby DISMISSED by agreement. (::?) 3 2. Legal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: a. During the school year, Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: i. Every other Friday from after school until Monday at the beginning of school. ii. Every Wednesday from after school until Thursday at the beginning of school. iii. At such other times as the parties shall agree. b. Summer months: From the Friday after school is out until 4:00 pm on the Friday before school begins, Father shall have primary physical custody of the Child subject to periods of partial physical custody in Mother as follows: i. Every other weekend from Friday at 4:00 pm until Monday at 8:00 am. ii. Father shall retain physical custody of the Child on Wednesday 7/22/09 and also on Wednesday 8/05/09 for make-up time missed at the beginning of the summer break. This make up time is directed pursuant to agreement of the parties. iii. Other than outlined above, Mother shall have physical custody every Wednesday from 4:00 pm until Thursday at 8:00 am. iv. Such other times as the parties shall agree. C. Each party shall be entitled to one 7-day uninterrupted period of custody each summer upon giving the other party at least 30 days notice. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Provided, however, that neither party shall ask the Child to convey a message to or ask the Child to be allowed to talk to the other party during said phone conversations. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In cases of conflict with other provisions of this Order, the holiday schedule prevails, except with regard to summer holidays, in which case the 7-day uninterrupted period shall prevail. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Neither party shall discuss any custody litigation issues with the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. The Court notes that the parents did begin counseling for the Child but that the parties ran into some insurance coverage issues. The parties have indicated that said insurance issues have been resolved. The parties shall continue to engage the Child in counseling with an agreed- upon professional. In the absence of agreement, the parties shall engage Mock-Mays. The parties shall see that any treatment recommendations are followed. The cost of said treatment, after appropriate payment through insurance, is to be shared by the parties. 10. Pursuant to agreement of the parties, the parties shall engage in co-parent counseling with an agree-upon counselor. In the absence of agreement, the parties shall continue to engage Mock- Mays. The cost of said counseling, after appropriate payment through insurance, is to be shared by the parties. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. istribution: ark Mateya, Esquire nah Herman-Snyder, Esquire John J. Mangan, Esquire P 7f;Qg/0j HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1st Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 m until 9 pm Mother Father Memorial Day 1st From 9 am until 3 pm Mother Father half Memorial Day 2n From 3 pm until 9 pm Father Mother half Independence Day From 9 am until 3 pm Father Mother 1 st half Independence Day From 3 pm until 9 pm Mother Father 2nd half Labor Day 1st half From 9 am until 3 m Mother Father Labor Day 2° half From 3 pm until 9 m Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1st From 8 am Thanksgiving Day to 2 Mother Mother Half pm on Thanksgiving Day Thanksgiving 2n From 2 pm on Thanksgiving Day to Father Father half noon the day after Thanksgiving Day Christmas 1st Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Father Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1st (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 pm Father Father SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Madlyn Grace Davis 09/30/1999 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on December 19, 2008, an Order issued December 24, 2008, a hearing was held and an Order was issued March 11, 2009, Father filed a Petition for Contempt and a conciliation conference was held July 20, 2009 with the following individuals in attendance: The Mother, Sherri Davis, with her counsel, Mark Mateya, Esq. The Father, Michael Davis, with his counsel, Hannah Herman-Snyder, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date: Z v Q ?---? Jo angan, Esqu' C st dy Conciliator ?Oc SHERRI-ANN C. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, :PENNSYLVANIA V. DOMESTIC RELATIONS SECTION MICHAEL W. DAVIS, PACSES NO.452 1 1 0478 Defendant DOCKET NO. 08-6547 CIVIL SHERRI-ANN C. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION MICHAEL W. DAVIS, PACSES NO. 844110461 Defendant/Respondent: DOCKET NO. 1005 SUPPORT 2008 INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Income and expense statements Defendant's Exhibit No. 1 - Unemployment compensation benefits Defendant's Exhibit No. 2 - Joint 2008 federal tax return Defendant's Exhibit No. 3 - HUD-1 statement Defendant's Exhibit No. 4 - Custody order Defendant's Exhibit No. 5 - Health insurance card Defendant's Exhibit No. 6 - Plaintiff's bank statement ,.-: ,F ,,7?tiY J , ^ n F"?' 1. 2 F6 } i:d y SHERRI-ANN C. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MICHAEL W. DAVIS, PACSES NO.452 1 1 0478 Defendant DOCKET NO. 08-6547 CIVIL SHERRI-ANN C. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION MICHAEL W. DAVIS, : PACSES NO. 844110461 Defendant/Respondent: DOCKET NO. 1005 SUPPORT 2008 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on August 24, 2009, the following report and recommendation are made„ FINDINGS OF FACT 1. The Plaintiff is Sherri-Ann C. Davis, who resides at 245 Plaza. Drive, Boiling Springs, Pennsylvania. 2. The Defendant is Michael W. Davis, who resides at 133 Lakeview Drive, Carlisle, Pennsylvania. 3. The parties are the parents of Madlyn G. Davis, a minor child born September 30, 1999. 4. On December 8, 2009 the Defendant's obligation for support of said child was set at $624.00 per month. 5. On March 13, 2009 the Defendant filed a petition for modification of said order. 6. On December 8, 2008 an order was entered obligating the Defendant to pay the sum of $150.00 per month to the Plaintiff as alimony pendente lite. 7. On April 8, 2009 said order was suspended by agreement of the parties. 8. On June 12, 2009 the Plaintiff requested a reinstatement of the alimony pendente lite order. 9. The Plaintiff is employed by Carlisle Early Education Center where she earns $10.20 per hour for a 35 hour work week. 10. The Plaintiff provides health insurance coverage for the child at no cost. 11. The Plaintiff s tax filing status for 2009 will be head of household with her daughter claimed as a dependency exemption. 12. The Defendant was laid-off by R.W. Mowery after the entry of the order in December, 2008. 13. The Defendant received unemployment compensation benefits of $508.00 per week. 14. The Defendant is making good faith efforts to become reemployed. 15. The Defendant's tax filing status is married/separate. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Soncini v. Soncini, 612 A.2d 998 (Pa. Super. 1992). Since the entry of the prior order in December, 2008 the Defendant was laid off from his employment and now receives unemployment compensation benefits. A modification of the order is appropriate. The Plaintiff earns $357.00 per week, or $1,547.00 per month. Filing her federal income tax return as head of household and claiming her daughter as a dependency exemption, she has net monthly income for support purposes of $1,512.00.' The Defendant has unemployment compensation benefits of $508.00 per week. With a tax filing status of married/separate, he has net monthly income for support purposes of $2,058.00.2 With combined net monthly income of $3,570.00, the basic requirement for the support of one child is $798.00 per month.3 The Defendant's proportionate share of that amount is $460.00 per month. The Defendant contends that he is entitled to a downward adjustment for shared custody. However, a review of the custody order shows that he has not had physical custody of the child for the threshold 146 overnights per year to be entitled to this adjustment. His support obligation is, therefore, $460.00 per month.4 See Exhibit "A." The Plaintiff will qualify for the earned income credit. z See Exhibit "A" for the tax deductions from gross income. s See Pa. R.C.P. 1910.16-3. 4 See Exhibit "B" for the guideline calculation 2 The Plaintiff has requested a reinstatement of the alimony pendente lite order. The Defendant does not contest her entitlement to APL but suggest that the $150.00 order should be reduced. With the incomes as set forth above and a child support obligation of $460.00 per month, the Defendant is obligated under the support guidelines to pay only $25.00 per month as alimony pendente lite.5 RECOMMENDATION A. Effective March 13, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his daughter, Madlyn G. Davis, born September 30, 1999, the sum of $460.00 per month. B. Effective June 12, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $25.00 per month. C. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on arrears, if any, until paid in full. D. The Plaintiff shall provide health insurance coverage for the benefit of said child as is available to her through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 58% by Defendant and 42% by Plaintiff. Date 5 See Exhibit "C" for the calculation. (T ??A, 0-,??00 Michael R. Rundle Support Master 3 SHERRI-ANN C. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MICHAEL W. DAVIS, PACSES NO. 452110478 Defendant DOCKET NO. 08-6547 CIVIL SHERRI-ANN C. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MICHAEL W. DAVIS, : PACSES NO. 844110461 Defendant/Respondent: DOCKET NO. 1005 SUPPORT 2008 INTERIM ORDER OF COURT AND NOW, this 26th day of August, 2009, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. Effective March 13, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his daughter, Madlyn G. Davis, born September 30, 1999, the sum of $460.00 per month. B. Effective June 12, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $25.00 per month. C. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on arrears, if any, until paid in full. D. The Plaintiff shall provide health insurance coverage for the benefit of said child as is available to her through employment or other group coverage at a reasonable cost. E. The monthly support obligation includes cash medical support: in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 58% by Defendant and 42% by Plaintiff. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. BZ;C Ed ar E. G o, J. Cc: Sherri-Ann C. Davis Michael W. Davis Hannah Herman-Snyder, Esquire For the Defendant DRO In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Sherri-Ann C. Davis Defendant Name: Michael W. Davis Docket Number: 1005 S 2008 PACSES Case Number: 844110461 Other State ID Number: Tax Year: Current: 2009 Defendant Plaintiff 1. Tax Method 1040 ES Manual 2. Fling Status Married Filing Separately Head of Household 3. Who Claims the Exemptions Obli gee 4. Number of Exemptions 1 2 5. Monthly Taxable Income $2,201.30 $1,547.00 6. Deductions Method 7. Deduction Amount $475.00 $695.83 8. Exem tion Amount $291.67 $583.34 9. Income MINUS Deductions and Exemptions $1,434.63 $267.83 10. Tax on Income $143.46 $26.78 11. Child Tax Credit - $26.78 12. Manual Adjustments to Taxes - - 13. Federal Income Taxes $143.46 -$147.67 13 a. Earned Income Credit - $147.67 14. State Income Taxes - $48.89 15. FICA Payments - $118.34 16. City Where Taxes Apply 17. Local Income Taxes - $15.47 TOTAL Taxes $143.46 $35.03 SupportCak 2009 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet Rule 1910.16-1, et seq, Defendant Name: Michael W. Davis Docket Number: 1005 S 2008 PACSES Case Number: 844110461 Plaintiff Name: Sherri-Ann C. Davis Other Case ID Number: Defendant Plaintiff 1. Number of Dependents in this Case 1 2. Total Gross Monthly Income $2,201.30 $1,547.00 3. Less Monthly Deductions $143.46 $35.03 4. Monthly Net Income Line 2 minus Line 3 $2,057.84 $1,511.97 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $3,569.81 6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Monthly Net Income _ 8. PRELIMINARY Child Support Obligation based on Adjusted Income Line 7 - 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 (-) - 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule Table Rev. 112006 $798.00 11. Net Income as a Percentage of Combined Amount 57.65 42.35 12. Each Parent's Monthly Share of the Child Support Obligation $460.05 $337.95 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: - - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b - 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10, $460.05 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $460.05 Prepared by: mrr Date: 8/24/2009 Summary Report S1. PACSES Multiple Family Adjustment - S2. Spousal Support Award _ S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $460.05 Weekly: $105.88 TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant 1040 ES Married Filing Separately 1 S7. Plaintiff Manual Single 2 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCak 2009 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Mule 1910.15 (PACSES FORMAT) Plaintiff Name: Sherri-Ann C. Davis Defendant Name: Michael W. Davis Docket Number: 1005 S 2008 PACSES Case Number: 844110461 Other State ID Number: 1. Obligor's Monthly Net Income $2,057.84 2. Less All Other Support 3. Less Obligee's Monthly Net Income $1,511.97 4. Difference $545.87 5. Less Child Support Obligation for Current Case $460.05 6. Difference $85.82 7. Multiply b 30% or 40% 30.00% 8. Income Available for Spousal Support $25.75 9. Adjustment for Other Expenses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL - Prepared b : mrr Date: 8/24/2009 SupportCak 2009 EXHIBIT "C" J OF THE 2G0 v 2 6 3: 2 ? t i t? tt ? ??"03 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: MICHAEL W. DAVIS Member ID Number: 8337102056 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multip le Cases on Attachment PACSES Case Number Docket Number Attachment Amount/Freauencv Plaintiff Name SHERRI-ANN C. DAVIS 452110478 08-6547 CIVIL $ 36.00 /MONTH 00 MONTH 460 SHERRI-ANN C. DAVIS 844110461 01005 S 2008 $ . / / TOTAL ATTACHMENT AMOUNT: $ 496.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $114.15 per week, or 55.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, MICHAEL W. DAVIS Social Security Number XXX-XX-1122 , Member ID Number 8337102056 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 11, 2 0 0 9 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: AUG 2 7 2009 DRO: R. J. SHADDAY Service Type M BY THE COURT <;?.4 EDWARD E. (3 IDO, JUDGE Form EN-034 Rev.2 Worker ID $ IATT ALED- ;" 1 'TIDE OF THEE PIRDTI-iONOTAPY 2069 AUG 27 PH 2: 2 C' SHERRI-ANN C. DAVIS, . Plaintiff VS. MICHAEL W. DAVIS, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6547 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER MICHAEL W. DAVIS, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees (X) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Plaintiff has appeared in the action, by her attorney, Mark A. Mateya, Esquire. (3) The Statutory ground for divorce is §3301(c). (4) The action is contested with respect to the following claims: All of the above, except divorce. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one half a day. (7) Additional information, if any, relevant to the motion: None. Date: 14 - 9 t L «w k NC - A ? n Hannah Herman-Snyder, Esquire Attorney for Defendant ORDER APPOINTING MASTER AND NOW, , 20 , appointed master with respect to the following claims: Esquire is By the Court: J. Fl LED i r FKC'E OF TH F' 'j' ,jr) fir} e?y 2009 SEP « tit! 11 t 3 0 Ct?hts ; .y, ? .r SEP 15 20090 ? I SHERRI-ANN C. DAVIS, Plaintiff VS. MICHAEL W. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6547 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER MICHAEL W. DAVIS, Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees (X) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Plaintiff has appeared in the action, by her attorney, Mark A. Mateya, Esquire. (3) The Statutory ground for divorce is §3301(c). (4) The action is contested with respect to the following claims: All of the above, except divorce. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one half a day. (7) Additional information, if any, relevant to the motion: None. Date: S- 1 y - c) g - Hannah Herman-Snyder, Esquire Attorney for Defendant ORDER APPOINTIN MASTE AND NOW, , 20,0 l ? Esquire is appointed master wit4re"ctththe following claims: By th7QMC A J. OF Th'4 v ; ;?? " pry 2009 S EP 15 FPS 4: 0 CUM !-}? „ ry 4/1t1v? -41 i94,k( ZOO SEP rna ILL In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: MICHAEL W. DAVIS Member ID Number: 8337102056 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multip le Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Number Attachment Amount/Frequency SHERRI-ANN C. DAVIS 452110478 08-6547 CIVIL $ 36.00 /MONTH SHERRI-ANN C. DAVIS 844110461 01005 S 2008 $ 380.00 MONTH / / TOTAL ATTACHMENT AMOUNT: $ 380.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 87.45 per week, or 5o . 0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, MICHAEL W. DAVIS Social Security Number XXX-XX-1122 , Member ID Number 8 3 3 710 2 0 5 6 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 11, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall he directed to the Domestic Relations Section of this Court. Date of Order: OCT 0 5 2009 DRO: R.J. SHADDAY Service Type M BY THE COURT EDWARD E. GUIDO, JUDGE Form EN-034 Rev.2 Worker ID $IATT h 0 : € I WV 9--100 60OZ 11MAU '.L kd :1,Hi dG ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 10/20/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 844110461 1005 S 2008 08-6547 CIVIL OOrigi nal Order/Notice OAmended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice RE:DAVIS, MICHAEL W. Employee/Obligor's Name (Last, First, MI) 203-66-1422 Employee/Obligor's Social Security Number GOLDEN LIVING CENTER 8337102056 46 ERFORD RD Employee/Obligor's Case Identifier CAMP HILL PA 17011-2303 (See Addendum for plaintiff names associated with cases on attadamert) 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. $ 380.00 $ $ 0.00 0.00 $ 0.00 $ 25.00 $ 11.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment Arrears 12 weeks or greater? ® yes O no for a total of $ 416.00 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: $ 96.00 per weekly pay period. $ 208.00 per semimonthly pay period 192.00 (twice a month) $ per biweekly pay period (every two weeks) $ 416 • 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). Pennsylvania law (23 PA C.S. S 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 1S or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME A SES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECUR/ MBER 1 RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: --?Z-E I DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMSNo.:097"154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS that is I f eck you are required to pr vide a opy of this form to your m loyee. If yo r employee orks in a state diheh rent from the state that issued this order, a copy must be provi deedpto your emp?oyee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each em ployeelob l igor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 2041416050 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DAVIS EMPLOYEE'S CASE IDENTIFIER: 8337102056 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or 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. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Form EN-028 Rev.5 Worker I D $ IATT Page 2 of 2 Service Type M OMB No.: 0970-0154 MICHAEL W. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DAVIS, MICHAEL W. PACKS Case Number 452110478 Plaintiff Name SHERRI-ANN C. DAVIS Docket Attachment Amount 08-6547 CIVIL$ 36.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker ID $IATT FUD-A,'; =SUE v .-.r r tnnf.?TAF' E'. THE C # ZDO9 0 C T c 1 P 92: 4 7 D SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6547 CIVIL ACTION -LAW IN DIVORCE and CUSTODY STIPULATION AND AGREEMENT REGARDING ALIMONY PENDENTE LITE This Agreement, made this I ~ day of 0.,,i j, ?? , 2009 by and between Sherri Ann Davis, party of the first part, hereinafter referred to as "Wife," AND Michael Wade Davis, party of the second part, hereinafter referred to as "Husband." WHEREAS, the parties have agreed to the following Stipulation: 1. Pursuant to the parties' Separation and Property Settlement Agreement, entered into on November 18, 2009, the current Alimony Pendente Lite Order in the above captioned matter shall terminate as of November 30, 2009, with any arrears as of that date set at zero. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: Mark A. Mateya squire D to ERRI ANN DAVIS Attorney for Sherri Ann Davis Hannah Herman-Snyder, Esqu4re Date MICHAEL W. DAVIS Attorney for Michael W. Davis OF THE PPOTHONITIARY 2004 NOV 20 PM 3, 43 CU W, LJ L, ?,; -'Jui 7Y PENNSYLVANIA (kopy 199 1Ja SHERRI-ANN C. DAVIS, Plaintiff VS. MICHAEL W. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 6547 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this I '7 k, day of 7(0_w_? IF 2009, the economic claims raised in the proceedings having been resolved in accordance with a property and separation agreement dated November 18, 2009, 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"011 ?Edgar B. Bayley, P.J. cc: ?Mark A. Mateya Attorney for Plaintiff ?"annah Herman-Snyder Attorney for Defendant 4 RLED-OFFICE OF THE PROW NOTARY 2009 NOV 19 AM i 1 *. 16 CUMBL. ; Iu kCAD ;NTY PMSYLVANIA PROPERTY AND SEPARATION AGREEMENT BETWEEN MICHAEL W. DAVIS AND SHERRI ANN C. DAVIS GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 THIS AGREEMENT, made this t b day of /Jov t(nS K , 2009, by and between MICHAEL W. DAVIS, of 133 Lakeview Drive, Carlisle, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND SHERRI ANN C. DAVIS, of 245 Plaza Drive, Boiling Springs, Pennsylvania, parry of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 30, 1998, in Cumberland County, Pennsylvania. There was one child born of this marriage, Madlyn Grace Davis, born September 30, 1999. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Hannah Herman-Snyder, Esquire for Husband and Mark A. Mateya, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she in the 'elo Sv procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and/or parties and this Agreement between the parties is based upon this disclosure. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This AW S'p Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement hall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, except as set forth herein, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife ^0 .3D agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. If Husband determines that the following are in his possession, he shall provide the same to Wife by making the items available for her to obtain, and he shall do so within thirty (30) days of moving into his own residence, with both parties understanding that one or more of the items at issue may be in storage: Wife's GED certificate, Wife's grandfather's stand, Wife's grandmother's market basket, the child's dresser, two sleds, the shelf that was above the door at the entrance of the parties' marital residence, and the microwave that was in the marital residence. Both parties shall make available to the other any pictures the other wishes to have copies of, with the party receiving the copies to be responsible for copying costs. The parties may also make memory cards available to the other for copies of pictures and the party to whom a memory card is presented, shall cooperate with providing requested pictures. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have to equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. The /1W 'S-L) parties hereby confirm their prior equal distribution of the contents of their joint accounts and neither shall hereafter make any claim against the other regarding the same. 10. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a. The 2005 Land Rover currently in Wife's possession shall remain the sole and exclusive property of Wife. Husband shall waive any right, title, and interest he has or may have in said vehicle by signing over the title to Wife within ten (10) days of her showing proof that the lien against the vehicle has been satisfied, and Wife shall satisfy said lien within thirty (30) days of the execution of this Agreement. b. The 2002 Dodge Ram currently in Husband's possession shall remain the sole and exclusive property of Husband. Wife shall waive any right, title, and interest she has or may have in said vehicle and shall execute a Limited Power of Attorney, on behalf of Husband, in regards to the same, simultaneously with the execution of this Agreement. 11. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her after the parties date of separation, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. gl /J 7 .) 12. REAL ESTATE: The parties were joint owners of real estate located at 23 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. Said real estate was sold on June 15, 2009, and the funds associated with the sale of said real estate were deposited at Orrstown Bank, with the beginning deposit being in the amount of THIRTY-THREE THOUSAND TWO HUNDRED FORTY-EIGHT AND 25/100 DOLLARS ($33,248.25). 13. CASH: Immediately upon execution of this Agreement, the proceeds being held at Orrstown Bank shall be disbursed to the parties, with Wife receiving TWENTY THOUSAND FOUR HUNDRED AND XX/100 DOLLARS ($20,400.00), and Husband receiving the balance of the account. Wife shall be responsible for paying the taxes for the interest earned on said account. 14. PENSION RETIREMENT, PROFIT SHARING: a. The parties recognize that Husband has a 401(k) as a result of his employment with R&S Mowery. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim and interest she may have by equitable distribution, or otherwise, in said 401(k) except that she shall receive a rollover, pursuant to a Qualified Domestic Relations Order, in the amount of TWELVE THOUSAND SIX HUNDRED FOURTEEN AND 60/100 DOLLARS ($12,614.60). Counsel for Husband shall prepare a Qualified Domestic Relations Order within thirty (30) days of the execution of this Agreement. Wr s.? b. The parties recognize that Wife has a 401(k) as a result of her employment with Thayer Dental Lab. For the mutual promises and covenants contained to this Agreement, Husband hereby waives all right, title, claim, or interest he may have by equitable distribution or otherwise in Wife's 401(k). c. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plan(s) and each acknowledges that the effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. 14. LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other, except as set forth above. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 15. DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. x!V So In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provision of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 16. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. A&?7 Sf::) 17. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided fro by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 18. ALIMONY ALIMONY PENDENTE LITE SPOUSAL SUPPORT, AND MAINTENANCE: a. Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b. Husband shall pay to Wife alimony in the amount of SEVENTY-FIVE AND XX/100 DOLLARS ($75.00) a month, beginning December 1, 2009, for twelve (12) consecutive months. Husband shall be wage attached through the Domestic Relations Office. The parties shall execute the Agreement regarding alimony contemporaneously with the execution of this Agreement. The alimony is non-modifiable and shall terminate upon Wife's cohabitation, remarriage, or the death of either party. At the same time the parties execute the Agreement, they shall also execute the Agreement regarding termination of alimony pendente lite, with alimony pendente lite terminating on November 30, 2009, with any arrears owed as of that time set at zero. ,V s,D 20. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a parry of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 21. DIVORCE: Wife has commenced an action for divorce from Husband pursuant to Section 3301 (c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Divorce Complaint as the parties have agreed to consent to a divorce. As ninety (90) days have passed from the time the Divorce Complaint was served, both parties agree that they shall execute an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree contemporaneously with the execution of this Agreement and shall provide said documents to counsel for Wife. It is further agreed and understood that any Decree in Divorce issuing in this matter shall reflect this act that Wife shall bear the cost of the same in her individual capacity. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding /,d -S _0 such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 24. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for reasonable legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 25. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and W362 s, future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 27. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 28. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other parry may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which iup .s0 action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. 30. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 31. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. AI--,2 s.D 32. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 33. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 34. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the Husband, at 133 Lakeview Drive, Carlisle, Pennsylvania 17013. b. To the Wife, at 245 Plaza Drive, Boiling Springs, Pennsylvania 17007. 35. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. ,?,? sc) 36. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 37. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 38. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: ?eal) Michael W. Davis Sherri Ann C. Davis ,??. t v'? ,,?.? .? ?. ?? c ?.i i I .,. t ? SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6547 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 5, 2008, and served on November 6, 2008, by certified mail, restricted delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RF?iLATING TO UNSWORN FALSIFICATION TO AUTHORITIES. / DATE: sal. E ANN DAVIS, Plai tiff F1?("C`i??c OF THE PROTI-knNOTARY 2009 NOV 19 AM 9: 2 N PD"YI,V #A SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: S RRI ANN DAVIS, Plaint' RLED-OFFICk THE PROTRONOTARY 2009 NOV 19 AM 9: 28 CUMBEJ'-; -',,? 4:j =.'OUNTY PENNSYLVANIA SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 5, 2008, and served on November 6, 2008 by certified mail, restricted delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: l? LAY MICHAEL WADE DAVIS, Defendant FUJ)-4DFr"1CE OF THE PROTHONOTARY 2009 NOV 19 AM 9: 28 CUWLJ`(i -, !k, "-"tj N ) PEWSYLVANIA SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: MICHAEL WADE DAVIS, Defendant ^'r' ICE CAF z???av ?? a? 9: zg SHERRI-ANN C. DAVIS, Plaintiff VS. MICHAEL W. DAVIS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6547 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) of the DiveFeae Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: November 6, 2008, by certified mail, restricted delivery. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff. November 18, 2009 by Defendant: November 18, 2009 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 19, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: November 19, 2009 Hannah Herman-Snyder, Esquire V GRIFFIE & ASSOCIATES Attorney for Defendant RLED YCIu )F Tff PPICTHIONIOTARY 2019 NOV 20 PM 3: 4 4 1 p' PEN 'iL /AMA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sherri-Ann C. Davis V. Michael W. Davis DIVORCE DECREE AND NOW, aVdcl , it is ordered and decreed that Sherri-Ann C. Davis plaintiff, and Michael W. Davis , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Separation and Property Settlement Agreement, dated November 18, 2009, is incorporated herein, but not merged. By th ourt, NO. 08-6547 Attest: J. r honotary I Ata-40?1, 7-? SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE and CUSTODY STIPULATION AND AGREEMENT REGARDING ALIMONY This Agreement, made this i I V- day of o f wt,, o , 2009 by and between Sherri Ann Davis, party of the first part, hereinafter referred to as "Wife," AND Michael Wade Davis, party of the second part, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are divorced from the bonds of matrimony, with a copy of the Divorce Decree being attached hereto and incorporated herein by reference as Exhibit "A." WHEREAS, a Separation and Property Settlement Agreement, executed by the parties, is incorporated into the Divorce Decree. A copy of the Agreement is attached hereto and incorporated herein by reference as Exhibit "B." WHEREAS, pursuant to paragraph 18(b), Husband is obligated to make alimony payments to Wife in the amount of $75.00 (SEVENTY-FIVE DOLLARS AND XX/100 DOLLARS) a month, beginning on December 1, 2009, for twelve (12) months. WHEREAS, the parties agree the alimony obligation shall be collected from Husband by Cumberland County Domestic Relations Office via wage attachment. WHEREAS, Husband and Wife have agreed to the following Stipulation: 1. Husband shall pay to Wife alimony in the amount of $75.00 (SEVENTY-FIVE DOLLARS AND XX/100) a month for twelve (12) months starting on December 1, 2009. 2. Husband shall be wage attached through the Cumberland County Domestic Relations Office. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: 4 ? *<?_ Mark A. Mateya squire Attorney for Sherri Ann Davis [461_ _ Date SDAVIS 11 - C3 9 Hannah Herman-Snyder, Esq ire Date MICHAEL W. DAVIS Attorney for Michael W. Davis i Sherri-Ann C. Davis V. Michael W. Davis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 DIVORCE DECREE AND NOW, , it is ordered and decreed that Sherri-Ann C. Davis plaintiff, and Michael W. Davis , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Separation and Property Settlement Agreement, dated November 18, 2009, is incorporated herein, but not merged. By th ourt, Attest: J. r honotary PROPERTY AND SEPARATION AGREEMENT BETWEEN MICHAEL W. DAVIS AND SHERRI ANN C. DAVIS GRIFFIE AND ASSOCIATES 200 NORTH HANOVER STREET CARLISLE, PA 17013 J Q W? J Q THIS AGREEMENT, made this [b day of 900-, .C- ? , 2009, by and between MICHAEL W. DAMS, of 133 Lakeview Drive, Carlisle, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND SHERRI ANN C. DAVIS, of 245 Plaza. Drive, Boiling Springs, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on May 30, 1998, in Cumberland County, Pennsylvania. There was one child born of this marriage, Madlyn Grace Davis, born September 30, 1999. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other including the settling of matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and Husband by Wife. WHEREAS, the parties hereto wish finally and for all time to settle and determine their respective property and other rights growing out of their marital relation; wish to live separate and apart; and, wish to enter into this property and separation Agreement; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; WHEREAS, Wife acknowledges that she is thoroughly conversant with and knows accurately the size, degree, and extent of the estate and income of Husband, and Husband acknowledges that he is thoroughly conversant with and knows accurately the size, degree and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Hannah Herman-Snyder, Esquire for Husband and Mark A. Mateya, Esquire for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he or she in the A/0 9L) procurement and execution of this Agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. 2. WARRANTY OF DISCLOSURE: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties' attorneys and/or parties and this Agreement between the parties is based upon this disclosure. 3. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 4. PERSONAL RIGHTS AND SEPARATION: Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 5. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301 (c) or (d) of the Divorce Code of 1980. 6. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement may be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement hall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property, except as set forth herein, including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife &D sD agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. If Husband determines that the following are in his possession, he shall provide the same to Wife by making the items available for her to obtain, and he shall do so within thirty (30) days of moving into his own residence, with both parties understanding that one or more of the items at issue may be in storage: Wife's GED certificate, Wife's grandfather's stand, Wife's grandmother's market basket, the child's dresser, two sleds, the shelf that was above the door at the entrance of the parties' marital residence, and the microwave that was in the marital residence. Both parties shall make available to the other any pictures the other wishes to have copies of, with the parry receiving the copies to be responsible for copying costs. The parties may also make memory cards available to the other for copies of pictures and the party to whom a memory card is presented, shall cooperate with providing requested pictures. 9. BANK ACCOUNTS: For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have to equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. The 11?? S-L) parties hereby confirm their prior equal distribution of the contents of their joint accounts and neither shall hereafter make any claim against the other regarding the same. 10. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a. The 2005 Land Rover currently in Wife's possession shall remain the sole and exclusive property of Wife. Husband shall waive any right, title, and interest he has or may have in said vehicle by signing over the title to Wife within ten (10) days of her showing proof that the lien against the vehicle has been satisfied, and Wife shall satisfy said lien within thirty (30) days of the execution of this Agreement. b. The 2002 Dodge Ram currently in Husband's possession shall remain the sole and exclusive property of Husband. Wife shall waive any right, title, and interest she has or may have in said vehicle and shall execute a Limited Power of Attorney, on behalf of Husband, in regards to the same, simultaneously with the execution of this Agreement. 11. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her after the parties date of separation, with full power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. ) V /J SL-) 12. REAL ESTATE: The parties were joint owners of real estate located at 23 Enck Drive, Boiling Springs, Cumberland County, Pennsylvania. Said real estate was sold on June 15, 2009, and the funds associated with the sale of said real estate were deposited at Orrstown Bank, with the beginning deposit being in the amount of THIRTY-THREE THOUSAND TWO HUNDRED FORTY-EIGHT AND 25/100 DOLLARS ($33,248.25). 13. CASH: Immediately upon execution of this Agreement, the proceeds being held at Orrstown Bank shall be disbursed to the parties, with Wife receiving TWENTY THOUSAND FOUR HUNDRED AND =100 DOLLARS ($20,400.00), and Husband receiving the balance of the account. Wife shall be responsible for paying the taxes for the interest earned on said account. 14. PENSION. RETIREMENT, PROFIT SHARING: a. The parties recognize that Husband has a 401(k) as a result of his employment with R&S Mowery. For the mutual promises and covenants contained in this Agreement, Wife hereby waives all right, title, claim and interest she may have by equitable distribution, or otherwise, in said 401(k) except that she shall receive a rollover, pursuant to a Qualified Domestic Relations Order, in the amount of TWELVE THOUSAND SIX HUNDRED FOURTEEN AND 60/100 DOLLARS ($12,614.60). Counsel for Husband shall prepare a Qualified Domestic Relations Order within thirty (30) days of the execution of this Agreement. W&;7 141 b. The parties recognize that Wife has a 401(k) as a result of her employment with Thayer Dental Lab. For the mutual promises and covenants contained to this Agreement, Husband hereby waives all right, title, claim, or interest he may have by equitable distribution or otherwise in Wife's 401(k). c. Each party specifically waives any and all rights to pre-retirement death benefits and survivor benefits under the other's pension or retirement plan(s) and each acknowledges that the effect of this waiver is that he or she will not be entitled to any benefits whatsoever from these contracts, plans or accounts if the other dies before or after reaching retirement age and each agrees and unequivocally consents to the designation by the other of any alternate or further beneficiaries at any time. 14. LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other, except as set forth above. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 15. DEBTS: Except as otherwise herein expressly provided, the parties shall and do hereby mutually remise, release and forever discharge each other from any and all actions, suits, debts, claims, demands and obligations whatsoever, both in law and in equity, which either of them ever had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. /)V ao In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provision of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers, and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. 16. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 17. WARRANTY AS TO FUTURE OBLIGATIONS: Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided fro by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 18. ALIMONY ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, AND MAINTENANCE: a. Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife. b. Husband shall pay to Wife alimony in the amount of SEVENTY-FIVE AND =100 DOLLARS ($75.00) a month, beginning December 1, 2009, for twelve (12) consecutive months. Husband shall be wage attached through the Domestic Relations Office. The parties shall execute the Agreement regarding alimony contemporaneously with the execution of this Agreement. The alimony is non-modifiable and shall terminate upon Wife's cohabitation, remarriage, or the death of either party. At the same time the parties execute the Agreement, they shall also execute the Agreement regarding termination of alimony pendente lite, with alimony pendente lite terminating on November 30, 2009, with any arrears owed as of that time set at zero. ,V SD 20. BANKRUPTCY: The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 21. DIVORCE: Wife has commenced an action for divorce from Husband pursuant to Section 3301 (c) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Divorce Complaint as the parties have agreed to consent to a divorce. As ninety (90) days have passed from the time the Divorce Complaint was served, both parties agree that they shall execute an Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Divorce Decree contemporaneously with the execution of this Agreement and shall provide said documents to counsel for Wife. It is further agreed and understood that any Decree in Divorce issuing in this matter shall reflect this act that Wife shall bear the cost of the same in her individual capacity. a. Each of the parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. b. This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding /04-/V S j such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. LEGAL FEES: In the review and preparation of this Agreement, each party shall bear his/her own legal fees. 24. REMEDY FOR BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment for reasonable legal fees and costs incurred by the other in enforcing their rights hereunder, or to seek such other remedies or relief as may be available to him or her. 25. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of December 19, 1990 (P.L. No. 1240, No. 206) known as "The Divorce Code," 23 P.S. 3501 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 27. TAX CONSEQUENCES: By this agreement, the parties have intended to effectuate and have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 28. MUTUAL COOPERATION/DUTY TO EFFECTUATE AGREEMENT: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. RECONCILIATION: The parties shall only effect a legal reconciliation which supersedes this agreement by their signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which Aq;7 SO action, if not consummated by the aforesaid agreement, shall not affect in any way the legal effect or this agreement or cause any new marital rights or obligations to accrue. 30. SEVERABILITY: The parties agree that the separate obligations contained in this Agreement shall be deemed to be interdependent. If any term, clause, or provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and renegotiated in order to fulfill as closely as possible the purpose of the invalid provision. Notwithstanding any release contained herein, the parties intend that they may reinstate any and all economic claims to the extent available under the Divorce Code of 1980. Further, any court of competent jurisdiction may, under the equitable provisions and purposes of the Divorce Code, reinstate any economic claim which was available at the time of the parties' separation or avoid any waiver herein contained to renegotiate or effectuate as nearly as possible the purpose of the unenforceable provision. 31. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. A, 5:?> 32. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as written contract separate from such judgment for divorce and may be enforced as an independent contract. 33. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 34. NOTICES: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a. To the Husband, at 133 Lakeview Drive, Carlisle, Pennsylvania 17013. b. To the Wife, at 245 Plaza Drive, Boiling Springs, Pennsylvania 17007. 35. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. A 36. CAPTIONS: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 37. AGREEMENT BINDING ON HEIRS: The Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 38. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: 6?4K>-Uk sarxe,-&K- 4ff'P t' - eal) Michael W. Davis Sherri Ann C. i I . :- . 2 In, ?r", 9 C, LE C' - _2 i- 4 ! - L 1, SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant PACSES Case #452110478 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6547 CIVIL ACTION -LAW IN DIVORCE and CUSTODY ORDER OF COURT AND NOW, this 1st day of December 2009, upon consideration and review of the attached Stipulation and Agreement Regarding Alimony Pendente Lite, it is hereby ORDERED and DECREED that the Alimony Pendente Lite Order in the above captioned matter shall terminate as of November 30, 2009, with any arrears as of that date set at zero. By the Court, Edward E. Guido, J. DRO: R.J. Shadday Michael W. Davis Sherri Ann Davis Hannah Herman-Snyder, Esquire Mark A. Mateya, Esquire r - SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant PACSES Case #4521110478 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6547 CIVIL ACTION -LAW IN DIVORCE and CUSTODY STIPULATION AND AGREEMENT REGARDING ALIMONY PENDENTE LITE This Agreement, made this I T' day of k c M b _r , 2009 by and between Sherri Ann Davis, party of the first part, hereinafter referred to as "Wife," AND Michael Wade Davis, parry of the second part, hereinafter referred to as "Husband." WHEREAS, the parties have agreed to the following Stipulation: 1. Pursuant to the parties' Separation and Property Settlement Agreement, entered into on November 18, 2009, the current Alimony Pendente Lite Order in the above captioned matter shall terminate as of November 30, 2009, with any arrears as of that date set at zero. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: Mark A. Mateya squire D6 "LlIERRI ANN DAVIS Attorney for Sherri Ann Davis 11109 Hannah Herman-Snyder, Esqu e Date MICHAEL W. DAVIS Attorney for Michael W. Davis FILE- 2059C'?C -I F 1 2: L;5 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 844110461 Co./City/Dist. of CUMBERLAND 1005 S 2008 Date of Order/Notice 12/01/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number GOLDEN LIVING CENTER 46 ERFORD RD CAMP HILL PA 17011-2303 Employee/Obligor's Name (Last, First, MI) 203-66-1122 Employee/Obligor's Social Security Number 8337102056 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. $ 380.00 per month in current child support ® no ? $ 0 00 Dyes per month in past-due child support Arrears 12 weeks or greater . $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support $ o. oo per month in past-due spousal support $ o . o o per month for genetic test costs $ 0._00 per month in other (specify) $ one-time lump sum payment for a total of $ 380.00 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: $ Q., C-0 ; per weekly pay period. $ 190.00 per semimonthly pay period $ 175.38 per biweekly pay period (every two weeks) 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). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 171 6-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AN PACS MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY BER I ER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Edward E. Guido, Judge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT RE:DAVIS. MICHAEL W. 08-6547 CIVIL OOriginal Order/Notice @Amended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice (twice a month) 380.00 per monthly pay period. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If ecke you are required to provide a opy of this form to your m loyee. If yoyr employee v?orks in a state thatkis di e h rent rom the state that issued this order, a copy must be provic?edpto your employee even if t e 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this 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. 2041416050 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: EMPLOYEE'S/OBLIGOR'S NAME:DAVIS EMPLOYEE'S CASE IDENTIFIER: 8337102056 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT, 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or 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. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER 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 Service Type M MICHAEL W Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $ IATT ADDENDUM Summary of cases on Attachment Defendant/Obligor: DAVIS, MICHAEL W. PACSES Case Number 844110461 PACSES Case Number Plaintiff Name Plaintiff Name SHERRI-ANN C. DAVIS Docket Attachment Amount Docket Attachment Amount 01005 S 2008 $ 380.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB MADLYN G. DAVIS 09/30/99 PACKS Case Number PACKS Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACKS Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 Form EN-028 Rev-5 Worker I D $ IATT ?s r -ARY 2IT9 DEC -2 iwi i 2. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: MICHAEL W. DAVIS Member ID Number: 8337102056 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Attachment Amount/Frequency Plaintiff Name Case Number Number SHERRI-ANN C. DAVIS 844110461 01005 S 2008 $ 380.00 /MONTH 08-6547 CIVIL / S / TOTAL ATTACHMENT AMOUNT: $ 380.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 8 7.4 5 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, MICHAEL W. DAVIS Social Security Number XXX-XX-1122 , Member ID Number 8337102056 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 11, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: DEC, 0 2 2009 DRO: R. J. SHADDAY BY THE COURT EDWARD E. GUIDO, JUDGE Form EN-034 Rev.2 Service Type M Worker ID $ IATT HID 2009 DEC -2 P G. ! SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF, CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE and CUSTODY 4A ORDER OF COURT AND NOW this 7 day of , 2009, upon consideration of the attached Stipulation and Agreement, it is hereby ORDERED as follows: 1. Husband shall pay to Wife alimony in the amount of $75.00 (SEVENTY-FIVE DOLLARS AND XX/100) a month for twelve (12) months, starting on December 1, 2009. 2. Husband shall be wage attached through the Cumberland County Domestic Relations Office. DRO:-" 'RJ. Shadda Y Michael W. Davis Sherri Ann Davis ,-Iannah Herman-Snyder, Esquire ,/ark A. Mateya, Esquire J. 3 OF THIJMGE TOW 2N9 DEC -7 PH 2. 1 "MMIAWWO In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: MICHAEL W. DAVIS Member ID Number: 8337102056 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multip le Cases on Attachment PACSES Plaintiff Name Case Number Docket Number Attachment Amount/Frequency SHERRI-ANN C. DAVIS 452110478 08-6547 CIVIL $ 25.00 /MONTH SHERRI-ANN C. DAVIS 844110461 01005 S 2008 $ 380.00 MONTH / / TOTAL ATTACHMENT AMOUNT: $ 405.00 Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $ 93.21 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, MICHAEL W. DAVIS Social Security Number XXX-XX-1122 , Member ID Number 8337102056 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 11, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: DEC 0, 9 2009 DRO: R.J. SHADDAY a EDWARD E... WIDO, JUDGE Form EN-034 Rev.2 Service Type M Worker ID $ IATT OF T LJCE " !ARY 2009 DEC -9 PM 2: 59 I.w .` r u W CUMB UN Y PENNSAYANLA 1 .. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/08/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number GOLDEN LIVING CENTER 46 ERFORD RD CAMP HILL PA 17011-2303 844110461 1005 S 2008 08-6547 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE:DAVIS, MICHAEL W. Employee/Obligor's Name (Last, First, MI) 203-66-1122 Employee/Obligor's Social Security Number 8337102056 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'slobligor's income until further notice even if the Order/Notice is not issued by your State. $ 380.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0. oo per month in past-due medical support $ 75.00 per month in current spousal support $ o . oo per month in past-due spousal support $ 0 . oo per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 455.00 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: $ 105.00 per weekly pay period. $ 227.50 per semimonthly pay period (twice a month) $ 210-00i per biweekly pay period (every two weeks) $ 455.00 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). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 CSES MEMBER ID (shown M IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME A above as the Employee/Obligor's Case Identifier) OR SOCIAL SECU NUMBE ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. _ BY THE COURT: DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No,: 0970-0154 Worker I D $ IATT _.l ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS A46' eckefl you are required to provide a?opy of this form to you aloyee. If yoyr employee works in a state that is rent 1Tram the state that issued this o er, a copy must be provi eedd 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 employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 2041416050 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: DAVIS, MICHAEL W. EMPLOYEE'S CASE IDENTIFIER: 8337102056 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT. 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. Anti-discrimination: 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or 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. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M oMSNo.:0974o754 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DAVIS, MICHAEL W. PACSES Case Number 452110478 Plaintiff Name SHERRI-ANN C. DAVIS Docket Attachment Amount 08-6547 CIVIL$ 75.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970.0154 PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ................. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker I D $ IATT FAD-OFHCE CF THE PROTHONOTARY 2009 DEC -9 PM 2: 59 Lv ?ku +z'tU 6 UNTY P&4N''SYt,VANI+ SHERRI ANN DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6547 CIVIL TERM_ at __0 MICHAEL WADE DAVIS, CIVIL ACTION -LAW Defendant IN DIVORCE and CUSTODY` s rk'=' v 3,07 ti 0 PETITION FOR CONTEMPT 2 _fr`' -' to AND NOW comes Petitioner, Michael Wade Davis, the above named Plaintiff, by anl through his attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Petitioner, hereinafter "Father," is Michael Wade Davis, the above named Defendant. 2. Respondent, hereinafter "Mother," is Sherri Ann Davis, the above named Plaintiff. 3. The parties are the natural parents of Madlyn Grace Davis, born September 30, 1999. 4. The parties are subject to an Order of Court dated July 27, 2009, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." 5. Pursuant to the Order, Mother is to obtain custody on Monday mornings at 8:00 a.m. 6. On Sunday, December 20, 2009, Father contacted Mother and they discussed that the child had a two-hour delay on the morning of Monday, December 21, 2009, 00. P a ATW ci 0x2146 e a3s 9s? and Mother made it very clear that she had no intention of meeting Father for the custody exchange because she did not want to miss work. 7. Father, who is working a new job, also needed to work and had to contact his mother, who was working, in order for her to leave her job to see the child off to school as Mother refused to exchange custody as per the Court Order at 8:00 a.m. on Monday morning. 8. The weather was not bad enough to warrant either parent not having to work, and Mother was clearly able to be at work so there was no reason she should not have been present for the custody exchange and to care for the child during her period of custody. 9. The Court Order of July 27, 2009 also orders that the parties participate in co- parenting counseling, which Mother has refused to do, and which is clearly necessary as evidenced by the specific issue in this Petition. 10. Judge Guido has been involved in this custody matter. 11. Mother is being provided Notice of the filing of this proceeding, via her counsel, Mark Mateya, Esquire, by U.S. mail, postage prepaid. WHEREFORE, Petitioner prays this Honorable Court adjudge the Respondent in contempt of the Order of July 27, 2009, to impose such sanction and penalties as the Court deems appropriate to assure the Respondent's future compliance with the Court's Order in this matter, and the Petitioner be awarded attorney's fees that the Court deems equitable and just. Respectfully Submitted, Hannah Herman-Snyder, Esqui e Attorney for Defendant/Petitioner GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: -- MICHAEL W. DAVIS SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6547 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE and CUSTODY CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the 61 ~ day of January, 2010, cause a copy of Petitioner's Petition for Contempt to be served upon Respondent by serving her attorney of record by first-class mail, postage prepaid at the following address: Mark Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 DATE: - l0 - II n Hannah Herman-Snyder, Ea q&e Attorney for Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 JUL ?'7 2009 q U SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6547 CIVIL ACTION LAW IN CUSTODY i i, ORDER OF COURT A4\ AND NOW this day of July 2009, upon consideration of the attached Custody Conciliation Report, it isOrderedand Directed as follows: 1. All prior Orders are hereby VACATED and replaced with this Order. Father's Petition for Contempt is hereby DISMISSED by agreement. 2. Legal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general wellbeing including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: a. During the school year, Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: i. Every other Friday from after school until Monday at the beginning of school. ii. Every Wednesday from after school until Thursday at the beginning of school. iii. At such other times as the parties shall agree. b. Summer months: From the Friday after school is out until 4:00 pm on the 'day before school begins, Father shall have primary physical custody of the Id subject to periods of partial physical custody in Mother as follows: W i. Every other weekend from Friday at 4:00 pm until Monday at 8:00 am. UJ ii. Father shall retain physical custody of the Child on Wednesday 7/22/09 and also on Wednesday 8/05/09 for make-up time missed at the beginning of the summer break. This make up time is directed pursuant to agreement of the parties. iii. Other than outlined above, Mother shall have physical custody every Wednesday from 4:00 pm until Thursday at 8:00 am. iv. Such other times as the parties shall agree. C. Each party shall be entitled to one 7-day uninterrupted period of custody each summer upon giving the other party at least 30 days notice. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. Provided, however, that neither party shall ask the Child to convey a message to or ask the Child to be allowed to talk to the other party during said phone conversations. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In cases of conflict with other provisions of this Order, the holiday schedule prevails, except with regard to summer holidays, in which case the 7-day uninterrupted period shall prevail. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Neither party shall discuss any custody litigation issues with the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. The Court notes that the parents did begin counseling for the Child but that the parties ran into some insurance coverage issues. The parties have indicated that said insurance issues have been resolved. The parties shall continue to engage the Child in counseling with an agreed- upon professional. In the absence of agreement, the parties shall engage Mock-Mays. The parties shall see that any treatment recommendations are followed. The cost of said treatment, after appropriate payment through insurance, is to be shared by the parties. 10. Pursuant to agreement of the parties, the parties shall engage in co-parent counseling with an agree-upon counselor. In the absence of agreement, the parties shall continue to engage Mock- Mays. The cost of said counseling, after appropriate payment through insurance, is to be shared by the parties. 11. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. M ad ft a**, so J. Distribution: Mark Mateya, Esquire Hannah Herman-Snyder, Esquire John J. Mangan, Esquire HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Da 1$ Half From 9 am until 3 Father Mother Easter Da 2 Half From 3 pin. until 9 m Mother Father Memorial Day 1 From 9 am until 3 pm Mother Father half Memorial Day 2 From 3 pm until 9 pm Father Mother half Independence Day From 9 am until 3 pm Father Mother 1" half Independence Day From 3 pm until 9 pm Mother Father 2 half Labor Da 18 half From 9 am until 3 m Mother Father Labor Da 2° half From 3 until 9 Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1 From 8 am Thanksgiving Day to 2 Mother Mother Half on Thanksgiving Da Thanksgiving 2 From 2 pm on Thanksgiving Day to Father Father half noon the day after Thanks 'vin Da Christmas 1 Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2 Half From noon on 12/25 to noon on Father Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father I" (with the 12/31 year to control the even/odd determination Mother's Day 1 From 9 am until 9 pin Mother Mother Father's Day I From 9 am until 9 m Father Father SHERRI ANN DAVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL WADE DAVIS DEFENDANT 2008-6547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, TuMaiy, January 12, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle Oil Wednesday, February 17, 2010 at 2:30 PM .........._ .............. _..-_- _............. for a Pre-Hearin-, Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ john J. Mangan, Jr, Est Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 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 Telephone (717) 249-3166 7ARY 2010 JAN 12 .0ll 2. 10 / ' ?c.?[ ` /G' /lam ?C-GC•'_ .?lL. ? Civr'Tl° .??'17G,? ?/????-t? ,/ 1,2 `r 17 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 844110461 Co./City/Dist. of CUMBERLAND 1005 S 2008 Date of Order/Notice 01/25/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number GOLDEN LIVING CENTER 46 ERFORD RD CAMP HILL PA 17011-2303 08-6547 CIVIL OOriginal Order/Notice OAmended Order/Notice 0Terminate Order/Notice QOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 203-66-1122 Employee/Obligor's Social Security Number 8337102056 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. $ 438.00 $ $ 0.00 0.00 $ 0.00 $ 75.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) Arrears 12 weeks or greater? one-time lump sum payment for a total of $ 513.00 per month to be forwarded to payee below. c Oyes nd OD Ql, Zr_ 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: $ 118.38 per weekly pay period. $ 256.50 per semimonthly pay period 236.77 (twice a month) $ per biweekly pay period (every two weeks) $ 513.00 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). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME CSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECUR NUMBS ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. 4 BY THE COURT: Edward E.- Guic?udge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No. :0970-0154 Worker ID $IATT RE:DAVIS, MICHAEL W. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El If4heckefl you are required to provide a copy of this form to your?mY d i the st at r employee works in a state that is Brent TTrom e yloyee. If yo that issued this order, a copy must be provi a 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 payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor 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. 2041416050 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DAVIS, MICHAEL W. EMPLOYEE'S CASE IDENTIFIER: 8337102056 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT- 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 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or 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. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: DAVIS, MICHAEL W. PACSES Case Number 452110478 PACSES Case Number 844110461 Plaintiff Name Plaintiff Name SHERRI-ANN C. DAVIS SHERRI-ANN C. DAVIS Docket Attachment Amount Docket Attachment Amount 08-6547 CIVIL$ 75.00 01005 S 2008 $ 438.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB MADLYN G. DAVIS 09/30/99 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 PACSES Docket Case Number Number 452110478 08-6547 CIVIL 844110461 01005 S 2008 Defendant Name: MICHAEL W. DAVIS Member ID Number: 8337102056 Please note: All correspondence must include the Member ID Number. ri, ca err CU Financial Break Down of Multiple Cases on Attachment Plaintiff Name SHERRI-ANN C. DAVIS SHERRI-ANN C. DAVIS Attachment Aifte ntt7Freaui encv 7 5. 0 0 IMONTN' 4 3 8. 011--71 MON=I- TOTAL ATTACHMENT AMOUNT: $ 513.00 Fax: (717) 240-6248 :a .-1 -ti Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), is hereby directed to attach the lesser of $118.06 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, MICHAEL W. DAVIS Social Security Number XXX-XX-1122 Member ID Number 8337102056 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(8). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 11, 2009 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. Date of Order: JAN 2 G 2010 DRO: R.J. SHADDAY Service Type M BY THE COURT EDWARD E. GUIDO, JUDGE Form EN-034 Rev.2 Worker ID $ IATT MAR 01 2010 SHERRI ANN DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-6547 CIVIL ACTION LAW MICHAEL WADE DAVIS, IN CUSTODY Defendant i Prior Judge: Edward E. Guido, J. ORDER OF COURT ?a AND NOW this day of March 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. All prior Orders are hereby VACATED and replaced with this Order. 2. Legal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: a. During the school year, Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: i. Every other Friday from after school until Monday at the beginning of school. ii. Every Wednesday from after school until Thursday at the beginning of school. iii. At such other times as the parties shall agree. b. Summer months: From the Friday after school is out until 4:00 pm on the Friday before school begins, Father shall have primary physical custody of the Child subject to periods of partial physical custody in Mother as follows: i. Every other weekend from Friday at 4:00 pm until Monday at 8:00 am. ii. Other than outlined above, Mother shall have physical custody every Wednesday from 4:00 pm until Thursday at 8:00 am. iii. Such other times as the parties shall agree. C. Each party shall be entitled to one 7-day uninterrupted period of custody each summer upon giving the other party at least 30 days notice. d. The exchange locations for custody shall be to and from school; when there is an unexpected school delay or cancellation, the custodial party shall make arrangements for Madyln's care. When there is no scheduled school, the exchange location shall be at the Giant food store parking lot in Carlisle. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement otherwise, the non-custodial parent shall talk to Madlyn every evening at 8:15 pm. If the custodial parent is not available at said time and the non- custodial parent leaves a message, a return phone call shall be made as possible. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In cases of conflict with other provisions of this Order, the holiday schedule prevails, except with regard to summer holidays, in which case the 7-day uninterrupted period shall prevail. 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Neither party shall discuss any custody litigation issues with the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Child's Individual Counseling: The parents have agreed to, and shall, continue Madyln in counseling as recommended by her counselor with Franklin Family Services, or some other mutually-agreed upon counselor. The parties shall see that any treatment recommendations are followed. The cost of said treatment, after appropriate payment through insurance, is to be shared by the parties. Both parties shall be kept updated in regard to counseling sessions and progress of the Child. 10. Therapeutic Family Counseling: Pursuant to agreement of the parties, the parties shall engage in therapeutic family counseling, with the focus on co-parent counseling with an agree-upon counselor. In the absence of agreement, the parties shall endeavor to engage in counseling with Franklin Family Services in Carlisle. The cost of said counseling, after appropriate payment through insurance, is to be shared by the parties. Mother has agreed to, and shall, ascertain whether Franklin Family Services will provide the therapeutic family counseling within one week of the instant Order. It is recommended that the counselor contact the parties individually to set up a convenient time for the parties and the counselor to engage in counseling. 11. A telephone conference is hereby scheduled for March 16, 2010 at 9:00 am to get an update on the counseling; the conciliator shall initiate said call. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control the Court, J. Di bution: ,,-Sherri Davis, 53 Brian Drive, Carlisle, PA 17015 /Aannah Herman-Snyder, Esquire J. Mangan, Esquire 3ja j?v HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Day 2n Half From 3 m until 9 m Mother Father Memorial Day 1' From 9 am until 3 pm Mother Father half Memorial Day 2n From 3 pm until 9 pm Father Mother half Independence Day From 9 am until 3 pm Father Mother 1St half Independence Day From 3 pm until 9 pm Mother Father 2nd half Labor Day 1St half From 9 am until 3 m Mother Father Labor Day 2n half From 3 m until 9 m Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Mother Mother Half pm on Thanksgiving Da Thanksgiving 2n From 2 pm on Thanksgiving Day to Father Father half noon the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2n Half From noon on 12/25 to noon on Father Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1" (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Madlyn Grace Davis 09/30/1999 Currently in the Custody of Primary Mother 2. A Conciliation Conference was held with regard to this matter on December 19, 2008, an Order issued December 24, 2008, a hearing was held and an Order was issued March 11, 2009, Father filed a Petition for Contempt, a conciliation conference was held July 20, 2009, an Order was issued July 27, 2009 and a conference was held February 17, 2010 in regard to Father's petition for contempt with the following individuals in attendance: The Mother, Sherri Davis, self-represented party The Father, Michael Davis, with his counsel, Hannah Herman-Snyder, Esq. 3. The undersigned recommends and the parties agreed to the entry of an Order in the form as attached. Date: I John J. g ,Esquire Custody o ciliator ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT D - La54-1 CIVIL 1 OOriginal Order/Notice State Commonwealth of Pennsylvania 4,(? ? I V Co./City/Dirt. of CUMBERLAND y o?5 S a?Q?r @Amended Order/Notice Date of Order/Notice 06/21/10 D 0 Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE:DAVIS, MICHAEL W. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 203-66-1122 Employee/Obligor's Social Security Number GOLDEN LIVING CENTER 8337102056 46 ERFORD RD Employee/Obligor's Case Identifier CAMP HILL PA 17011-2303 (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. $ 407.00 $ 0.00 $ 0.00 $ 0.00 $ 75.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 482.00 per month to be forwarded to payee below. Pa 17106-9112 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: $ I 1_1 , 2_3 per weekly pay period. $ 241.00 per semimonthly pay period (twice $ 22Z. Flo per biweekly pay period (every two weeks) $ 482.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydateldate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'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). Pennsylvania law (23 PA C.S. S 4374(b)) requires remittance by an electronic 2avment method if an employer is ordered to withhold income from more than one employee and employs IS or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AN above as the Employee/Obligor's Case Identifier) OR SOCIAL SECUR DO NOT SEND CASH BY MAIL. BY THE COURT: Service Type M OMB No.: 097"154 Arrears 12 weeks or greater? W D-r Oyes Zno a Apr, n O K? N MEMBER ID (shown FR TO BE PROCESSED. Cl Fo EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El Ifghecke you are required to provide a jopy of this form to your?employee. If yoyr employeg orks in a state that is di erent rrom the state that issued this o er, a copy must be provi eedd to your employee even if tie box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2041416050 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DAVIS, MICHAEL W. EMPLOYEE'S CASE IDENTIFIER: 8337102056 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- 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. Anti-discrimination: 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 employeelobligor 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or 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. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact - WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker I D $ IATT R ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DAVIS, MICHAEL W. PACSES Case Number 452110478 Plaintiff Name SHERRI-ANN C. DAVIS Docket Attachment Amount 08-6547 CIVIL$ 75.00 Child(ren)'s Name(s): DOB PACSES Case Number 844110461 Plaintiff Name SHERRI-ANN C. DAVIS Docket Attachment Amount 01005 S 2008 $ 407.00 Child(ren)'s Name(s): DOB MADLYN G. DAVIS 09/30/99 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum Form EN-028 Rev.5 OMB No.: 0970-0154 Worker ID $IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Defendant Name: MICHAEL W. DAVIS Member ID Number: 8337102056 Please note: All correspondence must include the Member ID Number. MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment Plaintiff Name SHERRI-ANN C. DAVIS SHERRI-ANN C. DAVIS PACSES Docket Case Number Number 452110478 08-6547 CIVIL 844110461 01005 S 2008 Attachment Amount/Freauenc N CL -? N $ 75.00 /MONTH $ 407.00 MONTH / TOTAL ATTACHMENT AMOUNT: $ 482.00 Nciy Order of this Court, the Department of Labor and Industry, Office of Unemployment Cot iensa $enefits (OUCB), is hereby directed to attach the lesser of $11o . 93 per?ek, 50 . o %, of the Unemployment Compensation benefits otherwise payable to the Defendant, MICHAEL W. DAVIS Social Security Number XXX-XX-1122 , Member ID Number 8337102056 . OUCB is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673(b)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JANUARY 11, 2 0 0 9 is exhausted, expired or deferred. OUCB shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: JUN 2 2 2010 DRO: R.J. SHADDAY Service Type M EDWARD E. GUIDO, JUDGE Form EN-034 Rev.2 Worker ID $ IATT DAVIS ANN C HERRI IN THE COURT OF COMMON PLEA Ole , - . S & Plaintiff AI?LA CUMBERLAND COUNTY, PENNS-16 VS. CIVIL ACTION - LAW S Cn MICHAEL W. DAVIS, NO. 08-6547 CIVIL TERM Defendant IN DIVORCE - STIPULATION AND AGREEMENT By and between, Sherri Ann C. Davis, Plaintiff, and Michael W. Davis, Defendant, WINESSETH: WHEREAS, the parties, intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and signed by the Court, hereby stipulate and agree that the Court may enter the attached Order of Court. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below: "k, Mark A. Mateya, uire Attorney for Plaintiff erri-Ann C. Davis, Plaintiff Hannah Herman-Snyder, Esq rd3 e Attorney for Defendant Michael W. Davis, Defendant I verify that the statements made in this Stipulation and Agreement are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section Date: i LV herri-Ann C. Davis, Plai iff I verify that the statements made in this Stipulation and Agreement are true and correct understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec ' I 4904 relating to unsworn falsification to authorities. Section Date: Michael W. Davis, Defendant Y.sa iWH/ fir. Sherri-Ann C. Davis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Michael W. Davis NO. 08-6547 DIVORCE DECREE AND NOW, , it is ordered and decreed that Sherri-Ann C. Davis , plaintiff, and Michael W. Davis , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties' Separation and Property Settlement Agreement, dated November 18, 2009, is incorporated herein, but not merged. By th ourt, Attest: J. r honotary JUN 2 8 20104 SHERRI-ANN C. DAVIS, Plaintiff vs. MICHAEL W. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6547 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 2010, it is appearing to the Court that: 1. The parties to the Divorce Action. The parties to this action are Michael W. Davis ("Participant") and Sherri Ann C. Davis ("Alternate Payee"). 1.1 Participant's name, address, social security number and date of birth are as follows: Name: Michael W. Davis 1.2 Alternate Payee's name, address, social security number and date of irtheme a follows: `'` Address: 133 Lakeview Drive Carlisle, PA 17013 _ - 4 Ts Soc. Sec. No.: xxx-xx-1122 •` 1 Date of Birth: March 24, 1969 Name: Sherri-Ann C. Davis Address: 53 Brian Drive Carlisle, PA 17015 Soc. Sec. No.: xxx-xx-4503 Date of Birth: December 16, 1963 3 The parties were divorced by Order of this Court (a copy attached hereto) on November 24, 2009. The Decree has not been amended. 2. Plan. This Order applies to the ING 401(k) Plan of Michael W. Davis, Plan Number GH3736. The administrator responsible for determining whether the Order constitutes a Qualified Domestic Relations Order as described below is Forge Valley Pension Management, Virginia Gossner, 130 South Main Street, Muncy, Pennsylvania, 17756. 3. Interpretation and Construction of Order. 3.1 The parties intend this Order (the "Order") to constitute a "Qualified Domestic Relations Order," within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended, ("ERISA"). The provisions of this Order shall be administered and interpreted in conformity with Section 414(p) of the Code and Section 206(d)(3)(B) of ERISA. 3.2 Nothing in this order shall be construed to require the Plan to provide: 3.2.1 Any type or form of benefit, or any option, not otherwise provided under the Plan. 3.2.2 Benefits to Alternate Payee (as defined in Paragraph 4) in an amount that exceeds the amount of benefits that the Plan would be required to pay with respect to the Participant. 3.2.3 Benefits to Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. IT IS ORDERED, ADJUDGED, AND DECREED as follows: 4. Alternate Payee. This Order creates or recognizes the existence of the right of Alternate Payee (as hereinafter defined) to receive all or a portion of the benefits payable with respect to Participant under the Plan. For purposes of this Order, Alternate Payee is: X 4.1 Former Spouse 5. Amount of Distribution and Form of Distribution to the Alternate Payee. The distribution to Alternate Payee contemplated by this Order shall be made in the amount of $12,614.60 from the aforesaid ING 401(k) Plan of Michael W. Davis. 6. Distribution Date. The distribution to Alternate Payee contemplated by this Order shall be made as soon as administratively practicable following the Company's determination that this Order is a Qualified Domestic Relations Order. 7. Death of Participant or Alternate Payee. The death of Participant before all benefits to which Alternate Payee is entitled under this Order have been paid shall not affect the right of Alternate Payee to benefits from the Plan as described in this Order. Should Alternate Payee die before benefits have been distributed to her, Alternate Payee's designated beneficiary shall receive any and all benefits remaining to be paid, with her estate receiving any portion not designated specifically by her. 8. Continuing Jurisdiction. The Court shall retain jurisdiction to amend this Order for the purpose of carrying out the intent of the Parties as reflected in this Order and to establish or maintain the status of the Order as a Qualified Domestic Relations Order. Either party to this Order may apply to the court for such amendment. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. By t ourt, J. Oopres r",a-t' U n I gzq/iv CONSENTED TO: Date: ?r 1? O Date: J rd Date: l e~ a) [- in S rri-Ann C. Davis, Plaintiff 'e&l 0_0 Michael W. Davis, Defendant Hannah Herman-Snyder, Esquire6 Attorney for Defendant Date: A Mark A. Mateya, Esq ' e Attorney for Plaintiff SHERRI ANN DAMS, Plaintiff v. MICHAEL WADE DAMS, Defendant r,~ r ~~~ QED ~ ~ ~~~~r4; ~~ 210 ACT I ~ P~ ~: ,~ ,f~t"g~~JPe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6547 CIVIL TERM CIVIL ACTION -LAW CUSTODY PETITION FOR CONTEMPT AND NOW comes Petitioner, Michael Wade Davis, the above named Plaintiff, by and through his attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie and Associates and petitions the Court as follows: 1. Petitioner, hereinafter "Father," is Michael Wade Davis, the above named Defendant. 2. Respondent, hereinafter "Mother," is Sherri Arm Davis, the above named Plaintiff. 3. The parties are the natural parents of Madlyn Grace Davis, born September 30, 1999. 4. The parties are subject to an Order of Court dated March 2, 2010, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A." k x'10 ~~ ~~ ~ 5. Pursuant to the Order, Mother is to obtain custody on Mondays, during the school year, and when there is no school scheduled during the school year, the custodial parent is to make arrangements for the child's care. 6. On Monday, October 11, 2010, the child did not have school scheduled and when Father went to meet Mother, with the child, at the Giant Food parking lot, as per the Court Order, at 8:00 a.m., Mother drove by, on her way to work, yelling obscenities and making obscene gestures at Father. 7. Father was forced to find appropriate care for the child for Monday, October 11, 2010, although it was Mother's period of custody. 8. Pursuant to the current Custody Order, the non-custodial parent is granted permission to talk to the child every evening at 8:15 p.m. and when Father is the non-custodial parent and attempts to make this contact, he is not able to do so. 9. Mother has informed the child that the child can talk to Father on her own time, and not while Mother has custody 10. Judge Guido has been involved in this custody matter. 11. Mother is being provided Notice of the filing of this proceeding by U.S. Mail, postage prepaid at her address of 53 Brian Drive, Carlisle, Pennsylvania, 17015. WHEREFORE, Petitioner prays this Honorable Court adjudge the Respondent in contempt of the Order of March 2, 2010, to impose such sanction and penalties as the Court deems appropriate to assure the Respondent's future compliance with the Court's Order in this matter, and award the Petitioner attorney's fees that the Court deems equitable and just. Respectfully Submitted, ~o..o~.~..~~. ~1. on,~..~,.- ~1a~wdl~r. Hannah Herman-Snyder, Esquir Attorney for Defendant/Petitioner GRIFFIE AND ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 ------d . M~k 0.12U1U SHERRI ANN DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 08-6547 CIVIL ACTION LAW MICHAEL WADE DAVIS, IN CUSTODY Defendant Prior Judge: Edward E. Guido, J. ORDER OF COURT AND NOW this ~ ~ day of March 2010, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders are hereby VACATED and replaced with this Order. 2. Leal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental,-religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 3. Physical Custody: a. During the school year, Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: i. Every other Friday from after school until Monday at the beginning of a school. ii. Every Wednesday from after school until Thursday at the beginning of school. iii. At such other times as the parties shall agree. b. Summer months: From the Friday after school is out until 4:00 pm on the Friday before school begins, Father shall have primary physical custody of the Child subject to periods of partial physical custody in Mother as follows: i. Every other weekend from Friday at 4:00 pm until Monday at 8:00 am. ii. Other than outlined above, Mother shall have physical custody every Wednesday from 4:00 pm until Thursday at 8:00 am. iii. Such other times as the parties shall agree. c. Each parry shall be entitled to one 7-day uninterrupted period of custody each summer upon giving the other party at least 30 days notice. '.~ d. The exchange locations for custody shall be to and from school; when there is an unexpected school delay or cancellation, the custodial party shall make arrangements for Madyln's care. When there is no scheduled school, the exchange location shall be at the Giant food store parking lot in Carlisle. 4. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable basis. In the absence of agreement otherwise, the non-custodial parent shall talk to Madlyn every evening at 8:15 pm. If the custodial parent is not available at said time and the non- custodial parent leaves a message, a return phone call shall be made as possible. 5. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In cases of conflict with other provisions of this Order, the holiday schedule prevails, except with regard to summer holidays, in which case the 7-day uninterrupted period shall prevail. , 6. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Neither party shall discuss any custody litigation issues with the Child. 7. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 8. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 9. Child's Individual Counseling: The parents have agreed to, and shall, continue Madyln in counseling as recommended by her counselor with Franklin Family Services, or some other mutually-agreed upon counselor. The parties shall see that any treatment recommendations are followed. The cost of said treatment, after appropriate payment through insurance, is to be shared by the parties. Both parties shall be kept updated in regard to counseling sessions and progress of the Child. 10. Therapeutic Family Counseling: Pursuant to agreement of the parties, the parties shall engage in therapeutic family counseling, with the focus on co-parent counseling with anagree-upon counselor. In the absence of agreement, the parties shall endeavor to engage in counseling with Franklin Family Services in Carlisle. The cost of said counseling, after appropriate payment through insurance, is to be shared by the parties. Mother has agreed to, and shall, ascertain whether Franklin Family Services will provide the therapeutic family counseling within one week of the instant Order. It is recommended that the counselor contact the parties individually to set up a convenient time for the parties and the counselor to engage in counseling. 11. A telephone conference is hereby scheduled for March 16, 2010 at 9:00 am to get an update on the counseling; the conciliator shall initiate said call. .~ 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. .~~ ,,Bthe Court, ~~~ ' . J. Distribution: Sherri Davis, 53 Brian Drive, Carlisle, PA 17015 Hannah Herman-Snyder, Esquire John J. Mangan, Esquire HOLIDAYS AND TIMES EVElY T C1DD SPECIAL DAYS YEARS YEARS Easter Day 15t Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 m until 9 m Mother Father Memorial Day 15` From 9 am until 3 pm Mother Father half Memorial Day 2° From 3 pm until 9 pm Father Mother half Independence Day From 9 am until 3 pm Father Mother 15` half Independence Day From 3 pm until 9 pm Mother Father 2°a half Labor Day 151 half From 9 am until 3 m Mother Father Labor Day 2° half From 3 m until 9 m Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treatin Thanksgiving 15` From 8 am Thanksgiving Day to 2 Mother Mother Half m on Thanks 'vin Day Thanksgiving 2° From 2 pm on Thanksgiving Day to Father Father half noon the day after Thanksgiving Day Christmas 15` Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Father Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 15` (with the 12/31 year to control the even/odd determination) Mother's Da From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 m Father Father TRUE, COPX, Fi~Olyt RECORD M Tes2lmonywlw~ed,~.:l:.~er+e~unto set my trend end the ~. f,•ieW% at.Ca idle, Pa ~~~- ~ ~ F'rotho ry _~~ f VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: /G ~ Q~ i~~'~~-~" ~/ !~ MICHAEL W. DAVIS SHERRI ANN DAVIS, Plaintiff v. MICHAEL WADE DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.08-6547 CIVIL TERM CIVIL ACTION -LAW CUSTODY CERTIFICATE OF SERVICE 1, Hannah Herman-Snyder, Esquire, hereby certify that I did, the ~`` day of October, 2010, cause a copy of Petitioner's Petition for Contempt to be served upon Respondent by serving her by first-class mail, postage prepaid at the following address: Sherri Ann C. Davis 53 Brian Drive Carlisle, PA 17015 DATE: 14 - l 5 - 1 h 1'M'9.~-31~ ~rl. Q ~.x~ n.lS~ a ~- Hannah Herman-Snyder, Esq re Attorney for Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 SHERRI ANN DAVIS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2008-6547 CIVIL ACTION LAW MICHAEL WADE DAVIS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, October 20, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq.. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, December Ol, 2010 at 1:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~, N YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU O 1~T -a HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF~ SI:3' ~~ FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~~ ~ ~~ r" rv Cumberland County Bar Association ~~? --- ~~ ~~"02/• /O ~- ~ /-~Q%~1~ ~ ~ 32 South Bedford Streetr~y-° ~ ~~ ~~ Carlisle, Pennsylvania 17013 ~~ .- ~~i. ~~ ~ ~~ ~ ~~~ ~ /e~ Telephone (717) 249-3166 7' =i -~ ~D~/. /~ ~~ /L~~ ~ off ~j~f~~c~q-use D`/~ ~"v `" jJ G~~G SHERRI ANN DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 08-6547 .07 . ;y MICHAEL WADE DAVIS, : CIVIL ACTION - LAW Defendant : IN DIVORCE and CUSTODY f,- r„ PETITION OF PLAINTIFF'S COUNSEL -:; FOR LEAVE TO WITHDRAW -' The Petition of Mark A. Mateya, Esquire, respectfully represents the following: 1. The above-referenced action was filed on November 5, 2008, and the Petitioner was retained by Plaintiff on November 4, 2008. 2. Since the filing of the Custody action relating to the parties minor child which case has been scheduled for Custody Conciliations on December 19, 2008, and March 6, 2009, before John Mangan. 3. Since that date, Petitioner has communicated with Plaintiff in attempting to negotiate a reasonable custody settlement between the parties, finalization of the Divorce action including division of the marital/personal property of the parties and support matter, which have been fraught with difficulty between the parties. 4. Petitioner has received notification from the Plaintiff that she does not want Petitioner to continue representation of her in the aforementioned legal matters. 5. Defendant, Michael W. Davis is represented by Hannah Herman-Snyder, Esquire. 6. Attorney Herman-Snyder concurs in this Petition to Withdraw his Appearance on behalf of Plaintiff. 7. All proceedings in this matter have been heard by the Honorable Edward E. Guido. 8. There is presently a Custody Conciliation scheduled in this matter for November 30, 2010. WHEREFORE, Petitioner respectfully requests that this Court grant Petitioner leave to withdraw his appearance for Plaintiff Sherri Ann Davis in this action. Respectfully submitted, " ? -?'<7 Mark A. Mateya quire Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Date: << il0 1'tO SHERRI ANN DAVIS, Plaintiff VS. MICHAEL WADE DAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-6547 : CIVIL ACTION - LAW : IN DIVORCE and CUSTODY CERTIFICATE OF CONCURRENCE I, Mark A. Mateya, Esquire, attorney for Plaintiff, spoke with Hannah Herman-Snyder, Attorney at Law, attorney for Defendant on November 8, 2010 requesting her concurrence in Petition of Plaintiff's Counsel for Leave to Withdraw. Attorney Herman-Snyder indicated that that she does concur with said Petition. Respectfully submitted, Mark A. Mateya, squire Attorney I.D. No. 78931 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 Date: G"? 0 0 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Ms. Sherri-Ann Davis 53 Brian Drive Carlisle, PA 17015-4326 Hannah Herman-Snyder Esquire Griffie and Associates 200 North Hanover Street Carlisle PA 17013 -uk-. <' Mark A. Mateya, Esqui 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: 1 g t 3 NOY 15 LU1U SHERRI ANN DAVIS, Plaintiff VS. MICHAEL WADE DAVIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08-6547 : CIVIL ACTION - LAW : IN DIVORCE and CUSTODY ORDER a AND NOW this day of M or? consideration of Petition of Plaintiffs Counsel for Leave to Withdraw, 2010, upon IT IS HEREBY Ordered and Decreed that Mark A. Mateya's Petition for Leave to Withdraw on behalf of Plaintiff Sherri Ann Davis is GRANTED. COURT: J. r .`A-err , A- &u,•5 Cop; e s n a• ;led t 11 as-?ic? c? wv-,; Q r,r. rn CA ? N ty D C) o C-) MC CD f'r'1 'OV--1, SHERRI-ANN C. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ' ? NO. 08-6547 CIVIL TERM -oz o ~` MICHAEL W. DAVIS, IN DIVORCE Zr x Defendant/Respondent PACSES CASE: 452110478 ? C-5 © ORDER OF COURT0 3 3 ..'" c:: N m AND NOW to wit, this 7th day of December, 2010, it is hereby Ordered that the c? a Domestic Relations Section dismiss their interest in the above captioned Alimony matter that terminated effective December 1, 2010, pursuant to the parties' Separation and Property Settlement Agreement of November 18, 2009. There is a remaining credit balance of $26.36- that is directed to the child support account under PACSES #844110461. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Hannah Herman-Snyder, Esq. Form OE-001 Service Type: M Worker: 21005 SHERRI ANN DAVIS IN THE COURT OF COMMON PLEAS OF .-. ; PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI` V. 2008-6547 CIVIL ACTION LAW MICHAEL WADE DAVI S IN CUSTODY DEFENDANT -- . .r: ORDER OF COURT AND NOW, Friday, February 03, 2012 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 06, 2012 at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _/s/ ohn . Man an r. Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE 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 Telephone (717) 249-3166 J' P of ?/ SHERRI ANN DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. No. 08-6547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of March 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders are hereby VACATED and replaced with this Order. 2. Mother's Petition for Contempt is hereby WITHDRAWN by agreement without prejudice. 3. Legal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custodv: Mother and Father shall share physical custody of Madlyn as follows: a. The parents shall share physical custody on a week on/week off basis with Monday exchanges to commence with Father's custody Monday 03/12/12 and Mother's week to commence 03/19/12. b. The exchanges shall occur at Madlyn's school; when there is no school, the exchanges shall be Monday at 6 pm with the non-custodial parent picking up Madlyn at their respective residences by agreement. If there is no agreement to have the exchanges at their residences, the location shall be at the Giant store parking lot in Carlisle. 5. The non-custodial parent shall have liberal telephone/text/email contact with the Child on a reasonable basis. In the absence of agreement otherwise, the non-custodial parent shall talk to Madlyn one time per day after Madlyn is out of school. When no school, the time shall be 6 pm. If the custodial parent is not available at said time and the non-custodial parent leaves a message, a return phone call shall be made promptly. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In cases of conflict with other provisions of this Order, the holiday schedule prevails. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Neither party shall discuss any custody litigation issues with the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Child's Individual Counseling: The parents have agreed to, and shall, continue Madyln in counseling as recommended by her counselor with Franklin Family Services, or some other mutually-agreed upon counselor. The parties shall see that any treatment recommendations are followed. The cost of said treatment, after appropriate payment through insurance, is to be shared by the parties. Both parties shall be kept updated in regard to counseling sessions and progress of the Child. 11. Therapeutic Family Counseling: The parties are strongly encouraged to engage in therapeutic family counseling, with the focus on co-parent counseling with an agreed-upon counselor. The cost of said counseling, after appropriate payment through insurance, is to be shared by the parties. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. B e Court, ca M Distribution: 7,V ? Sherri Davis, 53 Brian Drive, Carlisle, PA 17015 7'-*- cn C) Hannah Herman-Snyder, Esquire < -a -f; C:) /John J. Mangan, Esquire ? P )Railed -7/. AI), Ak? HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day 1St Half From 9 am until 3 m Father Mother Easter Da 2° Half From 3 pm until 9 m Mother Father Memorial Day 1St From 9 am until 3 pm Mother Father half Memorial Day 2n From 3 pm until 9 pm Father Mother half Independence Day From 9 am until 3 pm Father Mother 1St half Independence Day From 3 pm until 9 pm Mother Father 2nd half Labor Day 1St half From 9 am until 3 m Mother Father Labor Da 2n half From 3 m until 9 m Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving 1St From 8 am Thanksgiving Day to 2 Mother Mother Half pm on Thanksgiving Day Thanksgiving 2n From 2 pm on Thanksgiving Day to Father Father half noon the day after Thanksgiving Day Christmas 1St Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2° Half From noon on 12/25 to noon on Father Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father 1St (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 m Mother Mother Father's Day From 9 am until 9 pm Father Father SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madlyn Grace Davis 09/30/1999 Primary Mother 2. A Conciliation Conference was held with regard to this matter on December 19, 2008, an Order issued December 24, 2008, a hearing was held and an Order was issued March 11, 2009, Father filed a Petition for Contempt, a conciliation conference was held July 20, 2009, an Order was issued July 27, 2009, a conference was held February 17, 2010, an Order was issued March 02, 2010, a telephonic conference was held March 16, 2010, a conference was held November 30, 2010, an Order issued January 12, 2011 and a conference was held March 06, 2012 in regard to Mother's petition for contempt with the following individuals in attendance: The Mother, Sherri Davis, self-represented party The Father, Michael Davis, with his counsel, Hannah Herman-Snyder, Esq. 3. The undersigned recommends and the parties agreed to the entry of an Order in the form as attached. Date: f Z Jo J. gan, Esquire Cu od Conciliator ABOM c& ' - &uTUr.AKis Kara W. Haggerty, Esquire Attorney I.D. #: 86914 2 West High Street Carlisle, PA 17013 (717) 249-0900 SHERRI-ANN DAVIS, Plaintiff v. iN 7!P?Gi,;; '012-NAR 19 pH 4: (3c4 + GUMBERLANL) GUt1N;-?,_ PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 08-6547 MICHAEL WADE DAVIS, CIVIL ACTION - LAW Defendant IN CUSTODY PRAECIPE TO ENTER APPEARANCE Please: enter my appearance on behalf of Plaintiff, Sherri-Ann Davis, in the above-captioned matter. Respectfully submitted, A om & KUTULA"s, L.L.P. DATE l Kara W. Haggerty, Es Attorney ID No. 869 4 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the Praecipe to Enter Appearance, by depositing, or causing to be deposited, same in the U.S. mail, first class, to the following: Hannah Herman-Synder, Esquire Griffie & Associates 200 N. Hanover Street Carlisle, PA 17013 Attorney for Defendant Date: ABom & KUTULA"s, L.L.P. Kara W. Haggerty, Esquire Attorney I.D. No.: 8694 2 West High Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff 1 Sherri-Ann Davis IN THE COURTHOUSE OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6547 CIVIL TERM Michael Wade Davis CIVIL ACTION - LAW CJ-) r Defendant IN DIVORCE and CUSTODY ,= a . ,. CD r c: _ V PETITION FO R CONTEMPT/CUSTODY MODIFICATION - The petitioner, Sherri-Ann Davis the above named plaintiff petitions the Court as follows: 1) Petitioner; "Mother," Sherri-Ann Davis the above named plaintiff. 2) Respondent; "Father," Michael Wade Davis above named defendant. 3) Parties'are the natural parents of Madlyn Grace Davis, born September 30, 1999. 4) The panties are subject to an Order of Court dated March 15, 2012, a copy of which is attached here to. 5) Pursuant to the Order, Mother and Father shall share physical custody of Madlyn as follows: a. The parents shall share physical custody on a week on/week off basis with Monday exchanges. b. The exchanges shall occur at Madlyn's school; when there is no school, the exchanges shall be Monday at 6:00pm with the noncustodial parent picking up Madlyn at their respective residences by agreement. If there is no agreement to have auk%n,WQd_A ea.Sh a-7 5`.17 2 the exchanges at their residences, the location shall be at the Giant store parking lot in Carlisle. 6) On May 28, 2012 (Memorial Day) the holiday schedule dictated Mother custody from 9:00am - 3:00pm with Father from 3:00pm - 9:00pm. 7) Mother! waited at Giant foods parking lot (agreed upon exchange location) from 8:50am - 9:15am. 8) Father failed to show and did not notify Mother of his intentions. 9) Mother': AGAIN went to Giant foods at 8:50pm Monday night for custodial exchange (normallly 6:00pm but modified because of Holiday). 10) Mother waited until 9:15pm. 11) Father AGAIN failed to show or notify Mother of his intentions. 12) Mother cannot be assured of child's whereabouts and safety if the Father continually violates the Order of the Court (see Contempt of Court March 2012, and prior incidents) 13) Father has refused to participate in Court - Ordered individual counseling for Madlyn. 14) Father has refused to participate in Court - Ordered Therapeutic Family Counseling. 15) Mother has complied with the Court's requirements. (A letter to this Court, and respective counsel from Wanda Mays - Mock/Mays Associates is pending.) 16) Judge Guido has been involved in this custody matter. 17) Father' is being provided Notice of the filing of this proceeding via U.S. mail postage paid. Wherefore, petitioner prays this Honorable Court adjudge the Respondent in contempt of the Order of March 15, 2012 to impose such sanction and penalties as the Court deems appropriate to assure the Respondent's future compliance with the Court's Order in this matter. Respectfully Submitted Sherri-Ann Davis May 29, 2012 SHERRI ANN DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. No. 08-6547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this day of March 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders are hereby VACATED and replaced with this Order. 2. Mother's Petition for Contempt is hereby WITHDRAWN by agreement without prejudice. 3. Legal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custodv: Mother and Father shall share physical custody of Madlyn as follows: a. The parents shall share physical custody on a week on/week off basis with Monday exchanges to commence with Father's custody Monday 03/12/12 and Mother's week to commence 03/19/12. b. The exchanges shall occur at Madlyn's school; when there is no school, the exchanges shall be Monday at 6 pm with the non-custodial parent picking up Madlyn at their respective residences by agreement. If there is no agreement to have the exchanges at their residences, the location shall be at the Giant store parking lot in Carlisle. 5. The non-custodial parent shall have liberal telephone/text/email contact with the Child on a reasonable basis. In the absence of agreement otherwise, the non-custodial parent shall talk to Madlyn one time per day after Madlyn is out of school. When no school, the time shall be 6 pm. If the custodial parent is not available at said time and the non-custodial parent leaves a message, a return phone call shall be made promptly. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In cases of conflict with other provisions of this Order, the holiday schedule prevails. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Neither party shall discuss any custody litigation issues with the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consumelbe under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Child's Individual Counseling: The parents have agreed to, and shall, continue Madyln in counseling as recommended by her counselor with Franklin Family Services, or some other mutually-agreed upon counselor. The parties shall see that any treatment recommendations are followed. The cost of said treatment, after appropriate payment through insurance, is to be shared by the parties. Both parties shall be kept updated in regard to counseling sessions and progress of the Child. 11. Therapeutic Family Counseling: The parties are strongly encouraged to engage in therapeutic family counseling, with the focus on co-parent counseling with an agreed-upon counselor. The cost of said counseling, after appropriate payment through insurance, is to be shared by the parties. 12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. B e Court, ca M Distribution: 7,V ? Sherri Davis, 53 Brian Drive, Carlisle, PA 17015 7'-*- cn C) Hannah Herman-Snyder, Esquire < -a -f; C:) /John J. Mangan, Esquire ? P )Railed -7/. AI), Ak? S11FRRI-ANN DAVIS I'LAINTIFF V MIC'IIAI:L WADE DAVIS DNF'FNDANT 1\ 1) No \A, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANa ,Y 2008-6547 CIVIL ACTION LAW x;33 - IN CUSTODY ORDER OF COURT Friday, June 01, 2012 , upon consideration of the attached Complaint, it 1; hcrchv directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, -it 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, July 10, 2012 at 10:30 AM Io,r it I're--iic?uin?? ustody Conference. At such conference, an effort will be made to resolve the issues in dispute; or ii this cannot he accomplished.. to define and narrow the issues to be heard by the court, and to enter into a temporary urdcr. Fit lturc to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: lsohn . Mangan, ft., Es Custody Conciliator I lic Court of Common Pleas of Cumberland County is required by law to comply with the Americans ith I)uahilites Act of 1990. For information about accessible facilities and reasonable accommodations it\ linable to disabled individuals having business before the court, please contact our office. All arrangements must he made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled c<>nfcrcnce or hearing. l'()F SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT i I l\l ANA l TORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET I i tR l Ii M L()\N' TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 f etot?- cvP y M Pcr ?PoP y a4w-/ &169e y I SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANJA No. 08-6547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this ?7day of July 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: 1. The prior Order dated March 15, 2012 shall remain in full force and effect absent mutual agreement in writing. 2. A conciliation conference is hereby scheduled for August 03, 2012 at 10:30 am with the assigned conciliator at the Cumberland County Court of Common Pleas in Carlisle. 3. This Order is entered pursuant to a Custody Conciliation Conference. The parties may the provisions of this Order by mutual consent. In the absence of mutual consent, the t this Order shall control. the Court J. Distribution: Jane Adams, Esq. d Hannah Herman-Snyder, Esquire 1/ John J. Mangan, Esquire of rn Cn r- x ?- G 3 SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT No. 08-6547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCED 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Madlyn Grace Davis 09/30/1999 Primary Mother 2. A Conciliation Conference was held with regard to this matter on December 19, 2008, an dc; issued December 24, 2008, a hearing was held and an Order was issued March 11, 2009, F hei filed a Petition for Contempt, a conciliation conference was held July 20, 2009, an Order w issued July 27, 2009, a conference was held February 17, 2010, an Order was issued March 02, 2010, a telephonic conference was held March 16, 2010, a conference was held November 0, 2010, an Order issued January 12, 2011, a conference was held March 06, 2012, an Order issued March 15, 2012 and a conference was supposed to be held July 10, 2012 in regard t Mother's petition for contempt/modification with the following individuals in attendance: The Mother, Sherri Davis, with her counsel Jane Adams, Esq. The Father, Michael Davis, with his counsel, Hannah Herman-Snyder, Esq. did not appear due to improper service 3. The undersigned recommends and the parties agreed to the entry of an Order in the form as attached. Date: John gan, Esquire Cust dy Conciliator O 3 SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6547 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this /gd Oday of August 2012, upon consideration of the attached Custody Conciliation Report, it is Ordered and Directed as follows: All prior Orders are hereby VACATED and replaced with this Order. 2. Mother's Petition for Contempt is hereby WITHDRAWN by agreement without prejudice. 3. Legal Custody: The Father, Michael Davis, and the Mother, Sherri Davis, shall have shared legal custody of Madlyn Grace Davis, born 09/30/1999. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 4. Physical Custody: Mother and Father shall share physical custody of Madlyn as follows: a. The parents shall share physical custody on a week on/week off basis with Monday exchanges to commence with Father's custody Monday 03/12/12 and Mother's week to commence 03/19/12. b. The exchanges shall occur at Madlyn's school; when there is no school, the exchanges shall be Monday at 6 pm with the non-custodial parent picking up Madlyn at their respective residences by agreement. If there is no agreement to have the exchanges at their residences, the location shall be at the Giant store parking lot in Carlisle. C. Because Mother missed her scheduled Memorial Day period, Mother shall have custody all of Labor Day 2012 taking Madlyn to school Tuesday morning; thereafter, the regular physical custody schedule shall resume. The non-custodial parent shall have liberal telephone/text/email contact with the Child on a reasonable basis. In the absence of agreement otherwise, the non-custodial parent shall talk to Mad''lyn one time per day after Madlyn is out of school. When no school, the time shall be 6 pm. If the custodial parent is not available at said time and the non-custodial parent leaves a message, a return phone call shall be made promptly. 6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually agreed upon. In cases of conflict with other provisions of this Order, the holiday schedule prevails. 7. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. 'To the extent possible, both parties shall not allow third parties to disparage the other parent in the presence of the Child. Neither party shall discuss any custody litigation issues with the Child. 8. In the event of a medical emergency, the custodial party shall notify the other parties as soon as possible after the emergency is handled. 9. During any periods of custody or visitation, the parties shall not possess or use non-prescribed controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 10. Child's Individual Counseling: The parents have agreed to, and shall, continue Madyln in counseling as recommended by her counselor with Franklin Family Services, or some other mutually-agreed upon counselor. The parties shall see that any treatment recommendations are followed. The cost of said treatment, after appropriate payment through insurance, is to be shared by the parties. Both parties shall be kept updated in regard to counseling sessions and progress of the Child. 11. Therapeutic Family Counseling: The parties are strongly encouraged to engage in therapeutic family counseling, with the focus on co-parent counseling with an agreed-upon counselor. The parties have agreed to jointly utilize Mock Mays Associates Counseling for the family counseling. In the event that there are costs to be incurred in regard to the counseling, for the separate sessions for the parents, each parent is financially obligated for their own sessions and for joint sessions with both parents, the parents shall equally split the cost of the co-payment. 12. Relocation. The parties are advised that neither party shall hereafter relocate the child or children if such relocation will significantly impair the ability of a non-relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the child/children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337. 13. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall controls r pr1.W}.a By 2 t ourt, J. Distribution: V Jane Adams, Esq. I/ Hannah Herman-Snyder, Esquire V John J. Mangan, Esquire p?e3 fn-a ,?tzd 5-a//1 ? W HOLIDAYS AND TIMES EVEN ODD SPECIAL DAYS YEARS YEARS Easter Day I' Half From 9 am until 3 m Father Mother Easter Day 2° Half From 3 m until 9 m Mother Father Memorial Day 1St From 9 am until 3 pm Mother Father half Memorial Day 2n From 3 pm until 9 pm Father Mother half Independence Day From 9 am until 3 pm Father Mother 1St half Independence Day From 3'pm until 9 pm Mother Father 2nd half Labor Day 1St half From 9 am until 3 m Mother Father Labor Day 2" half From 3 m until 9 m Father Mother Halloween From one hour before trick or Father Mother treating to one hour after trick or treating Thanksgiving I" From 8 am Thanksgiving Day to 2 Mother Mother Half pm on Thanksgiving Day Thanksgiving 2° From 2 pm on Thanksgiving Day to Father Father half noon the day after Thanksgiving Day Christmas 1st Half From noon on 12/24 to noon on Mother Mother 12/25 Christmas 2W Half From noon on 12/25 to noon on Father Father 12/26 New Year's From 6 pm 12/31 until noon January Mother Father I 't (with the 12/31 year to control the even/odd determination) Mother's Day From 9 am until 9 pm Mother Mother Father's Day From 9 am until 9 pm Father Father SHERRI ANN DAVIS, Plaintiff V. MICHAEL WADE DAVIS, Defendant Prior Judge: Edward E. Guido, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6547 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Child who is the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Madlyn Grace Davis 09/30/1999 Primary Mother 2. A Conciliation Conference was held with regard to this matter on December 19, 2008, an Order issued December 24, 2008, a hearing was held and an Order was issued March 11, 2009, Father filed a Petition for Contempt, a conciliation conference was held July 20, 2009, an Order was issued July 27, 2009, a conference was held February 17, 2010, an Order was issued March 02, 2010, a telephonic conference was held March 16, 2010, a conference was held November 30, 2010, an Order issued January 12, 2011, a conference was held March 06, 2012, an Order issued March 15, 2012, an Order issued July 24, 2012 and a conference was held August 03, 2012 in regard to Mother's petition for contempt with the following individuals in attendance: The Mother, Sherri Davis, self-represented party The Father, Michael Davis, with his counsel, Hannah Herman-Snyder, Esq. The undersigned recommends and the parties agreed to the entry of an Order in the form as attached. Date: John J. ang ,Esquire Custod Co iliator