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Home My WebLink About08-7435Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff MATTHEW SHEALER Plaintiff VS. NICOLE SHEALER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 7?3 A 1- NO. Ud CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND/OR 3301(d) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, Matthew Shealer, by Paige Macdonald- Matthes, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNTI DIVORCE 1. Plaintiff is Matthew Shealer, who currently resides at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania since 2006. 2. Defendant is Nicole Shealer, who currently resides at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania since 2007. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 17, 2007, in Lancaster County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The parties to this action separated on or about December 18, 2008 and have continued to live separate and apart. 9. The Defendant is not a member of the Armed Services of the United States or any of its allies. 10. The Plaintiff and Defendant are both citizens of the United States. 11. Plaintiff avers that there is one child of the parties under the age of 18. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs one through eleven are hereby incorporated by reference herein. 13. Plaintiff states that Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by the court. 14. Plaintiff requests that this court grant equitable distribution. WHEREFORE, Plaintiff prays that Your Honorable Court: (a) Equitably distribute all property, personal and real owned by the parties; (b) Grant Plaintiff exclusive possession of the marital residence; and (c) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Date: December 22, 2008??? A? APB ?,,A??i?,? Paige Macdonald, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF VERIFICATION I, Matthew Shealer, verify that the statement made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: f r ?? f+ Matthew Shealer q 43 r?j MATTHEW SHEALER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. CIVIL ACTION -LAW NICOLE SHEALER Defendant IN DIVORCE WAIVER OF COUNSELING I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904, relating to unsworn falsification to authorities. 7 Date: Matthew Shealer ?_ ? d ??:;, , ? ? - r-r, f'i _ ? r> -? -, ?. may. .?- ? ? -..? -? Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff MATTHEW SHEALER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-CV-7435 CIVIL ACTION -LAW NICOLE SHEALER Defendant : IN DIVORCE PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND OTHER SPECIAL RELIEF PURSUANT TO Pa. R.Civ.P. 1920.43 AND NOW, comes Plaintiff/Petitioner, Matthew Shealer (hereinafter "Plaintiff'), by and through his counsel, Serratelli, Schiffman, Brown & Calhoon, P. C., and files his Petition for Exclusive Possession of Residence Pursuant to §3502(c) of the Divorce Code and Pa. R.Civ. P.1920.43 and in support thereof avers as follows: 1. Plaintiff resides at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania. 2. Defendant/Respondent is Nicole Shealer (hereinafter "Defendant"), who currently resides at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania since 2007. 3. The Plaintiff and Defendant were married on November 17, 2007, in Lancaster County, Pennsylvania. 4. The Parties separated on December 18, 2008. Despite the Parties' separation however, Defendant has continued to reside at the 29 Sherwood Circle address. Facts Suaaortina Motion for Exclusive Possession 5. The residence located at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania (hereinafter "Sherwood Circle Property" or "Residence") is Petitioner's sole and exclusive non-marital property, as evidenced by the Deed attached hereto and marked as Exhibit "A." 6. The Parties agreed that Defendant would make alternative living arrangements for herself once Plaintiff filed the above captioned action in divorce. 7. Despite the Parties' prior agreement, Defendant has failed and has otherwise refused to find alternative living arrangements for herself since December 22, 2008, - the date of filing of the above captioned Divorce action. 8. Since December 22, 2008, Defendant has continued to berate Plaintiff and subject him to physical and verbal attacks- some of which have taken place in front of the Parties' child and the Defendant's child from a former marriage. 9. Plaintiff has recently learned from reliable sources that Defendant has been seen at various social events and about town with individuals who are known drug users. These individuals have reported that Defendant's behavior during these events and/or citings has been erratic and suspicious and Plaintiff is fearful that Defendant may be using illegal drugs and further that Defendant may have brought the illegal drugs and/or drug paraphernalia into the Residence. 10. Since December 22, 2008, Defendant refuses to allow Plaintiff to sleep in his own bed. 11. Since December 22, 2008, Defendant has invaded Plaintiff's home office and has taken and/or broken personal property belonging to Plaintiff and/or Plaintiff's employer. The most recent item to be broken was Plaintiff's cell phone that Plaintiff was issued by his employer. The most recent items to be taken by Defendant were checks from Plaintiff's personal checking account. Plaintiff has since learned that Defendant has used these checks by forging his name on the same. The total amount of the 10 checks that Defendant has forged to date is $1,400.00. 12. Defendant is refusing to clean up after herself and is creating waste within the house. When asked to clean up the mess, Defendant has essentially told Plaintiff that it is "his problem." 13. Plaintiff has repeatedly requested that Respondent leave the Residence despite Plaintiff's repeated requests, Defendant has failed and otherwise has refused to vacate the marital residence. 14. Defendant is gainfully employed and has income. 15. Defendant has several family members in the area with whom she could reside in the event that Defendant could not locate an alternative residence using her own income. 16. Plaintiff is being held hostage in his own home by virtue of the fact that Defendant will not leave the same and continues to subject Plaintiff to daily verbal abuse and/or ridicule, sometimes occurring in front of the Parties' minor child. 17. Plaintiff is not sleeping because Plaintiff has learned that Defendant has used the time that he is asleep in the Residence to go through his personal brief bag and other personal possessions. The Court Should Award Petitioner Exclusive Possession of the Sherwood Circle Prove 18. The averments set forth in paragraphs 1-17 are incorporated by reference as if more fully set forth at length herein. 19. As evidenced by the Deed attached hereto as Exhibit "A", the Residence is Plaintiff's pre-marital/non-marital property. 20. 23 Pa. C.S. §3502(c) provides: i. Family Home. The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 21. Pursuant to Section 3502(c) of the Divorce Code, the court has the authority to grant Plaintiff the right to reside in the marital residence during the pendency of the instant divorce proceedings, to the exclusion of Defendant. 22. Plaintiff asks the Court to exercise its equitable powers and direct that Plaintiff be awarded exclusive possession of the Residence and Defendant be enjoined from entering unto the real property. 23. The above captioned divorce action has not been previously assigned to or heard by any Judge of this Honorable Court. 24. The undersigned counsel has contacted Defendant's counsel, Carol Lindsay, Esquire, regarding the substance of the within Petition for Exclusive Possession and she does not concur in the same. Respectfully submitted, Date: February 2, 2009 , \?? ,? _ . 4,) Paige Macdonald, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ATTORNEY FOR PLAINTIFF I, Matthew Sheaier, verify that the statement made in the foregoing petition for Exclusive Possession are true and cov4x t, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date:_ ? eao d Matthew healer CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Plaintiff in the above captioned matter, certify that on this 2°d day of February, 2009, I served a copy of the foregoing Petition for Exclusive Possession of Residence upon the person(s) indicated below by United State First Class mail at Harrisburg, Pennsylvania and addressed as follows: Carol J. Lindsay, Esquire Saidis Shuff Flower & Lindsay 26 West High Street Carlisle, PA 17013 Paige Macdonald-Matthes, Esquire 1 OBMT F. ZIEGLElt Parcel Number: 09-15-1288-147 RECORDER OF DEEDS CF1M$ERLArtfa ?'::?"?;Y-F,!t THIS INDENTURE SEp 5 RM 1114 made the 306i day of August, 2006 BETWEEN KATHRYN W. MRKSIC, Trustee of the KATHRYN W. MRKSIC LIVING TRUST dated June 14,1995, and any amendments thereto (hereinafter called the Grantor), of the one part, AND MATTHEW R. SHEALER, single individual (hereinafter called the Grantee), of the other part, WITNESSETH, that the said Grantor for and inconsideration of the sum of TWO HUNDRED EIGHTY THOUSAND DOLLARS AND 001100 ($280,000,00) lawful money of the United States of America, unto her well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the said Grantees, successors, heirs, and assigns. ALL THAT CERTAIN tract of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point of intersection of the western line of Sherwood Circle and the line of adjoiner between Lots 50 and 51 on the hereinafter mentioned Plan of Lots; thence by said line of adjoiner South 71 degrees 55 minutes West 130.00 feet to a point; thence North 18 degrees 5 minutes West 85.00 feet to a point; thence by the southern line of Lot 49, North 71 degrees 55 minutes East 130.00 feet to a point on the western line of Sherwood Circle; thence by the western line of Sherwood Circle South 18 degrees 5 minutes East 85.00 feet to the point and place of BEGINNING. BEING known as Lot No. 50 on the Final Subdivision Plan No. 4 of Sherwood Park dated November 1989, as recorded in the Cumberland County recorder's Office in Plan Book 59, Page 150. BEING THE SAME PREMISES which David E. Mrksic and Katlnyn W. Mrksic, husband and wife, or their successors in trust, under the David E. Mrksic Living Trust, dated June 10, 1995, and any amendments thereto, and Kathryn W. Mrksic and David E. Mrksic, Trustees, or their successors in trust, under the Kathryn W. Mrksic Living Trust, dated June 14, 1995, and any amendments thereto, by their Deed dated November 7, 2002, and recorded November 19, 2002, in Deed Book 254, Page 2962, granted and conveyed unto Kathryn W. Mrksic Living Trust dated June 14, 1995, and any amendments thereto, Grantor herein. TOGETHER WITH all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and 9G?? "r?? °'•?Eac:??42 01/22/2009 2:46:32 PM CUMBERLAND COUNTY Inst.# 200632291 - Page 1 of 4 remamders, rams, issues, and profits tbaeot and all the estate, nght, U k interest, property, claim and demand whatsoever of them, the said grantors, as well at law as in equity, of, in and to the same. 90 bAt M* t0 bA the said lot or piece of ground described above, with the bui and improvetmerrts thereon erected, hareddaments and promises hereby granted, or mentioned and intended so to be, with the appurberramcea, unto the said Grantees, their heirs and assigns, to and far the only proper use and behoof of the said Grantees, their heirs and assigns, forever. SO the said Grantors, for themselves and their heirs, executors and administrato><s, do, by Huse presents, covenant, grant and agree, to and with the said Gnmines, their heirs and assigns, brat they, the said Grantors, and tbew heirs, all and singular the harodhaments and pra roses bum described and granted, or mentioned and intended so to be, widt the a pparrtear- - - I , unto the said Grantees, their heirs and assigns, apinst them, the said Grantors, and their heirs, will warrant and defend seRmst the lawful claims of all persons claiming by, through or under the said Grantors but not otherwise. 3A 0 Vt CK tine parties of the first part have hero unto set their hands and seals. Dated the day and year first above written. oe" so Atubtrtb IN THE PRESENCE OF US: {SEAL} Kathryn W. Mrbic, Trastse of the KATHRYN W. MRKSIC LIVING TRUST dated June 14, 1995 Comrnanwenith of Pennsylvania ss County of on this, the day of March, 2006, befofe me, the uorlde sWed Notary Public, personally FM & Ksdw" W. Mrlcsic, Trud ee, known to me (or adis ich ily prom) to be the parson whose name is subscribed to the within imrt rua nt, and acdmowie W do be executed the same for the purposes theam caatained. IN WITNESS WHEREOF, I heranrto set my hand and official seal. Notary Public My commission expires i0or 424M' ?V12443 01/22/2009 2:46:32 PM CUMBERLAND COUNTY Inst.# 200632291 - Page 2 of 4 COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ?Dg?.r )SS. BE IT ItEMEMBERED, that on A w e 'I) Q Uf bbefore me the subscriber personally appeared Kathryn W. Mrksic, Trustee of the Kathryn W. Mrksic Living Trust dated June 14, 1995, and any amendments thereto, known to me (or satisfactorily proven) to be the person, whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. VVITNESS my hand and seal the day and year aforesaid. G1.1.. J?A? Notky Public OF ?DRA?tA?. P NNSYtVMitA THE UNDERSIGNED CERTHM THAT THE t,y ??P?'blic RESIDENCE AND COMPLETE POST OFFICE 03?2 ; ADDRESS OF THE GRANTEE IS: ?q :171 G , Street n 771, City, State, Zip Code 1a"? ` r Signature a q? 43. o C~!1 r'+A?aM+ -r. BOOK 276 PAGE2444 01/22/2009 2:46:32 PM CUMBERLAND COUNTY Inst.# 200632291 - Page 3 of 4 n 00 h rA ? g 3 0 ? a F"A Plecorde BOOK 275 PAGE2Q4? Deeds 31/22/2009 2:46:32 PM CUMBERLAND COUNTY Inst.# 200632291 - Page 4 of 4 'U M '*t FTl M t?'r, r "C) ..C F042 l' Gt W, MATTHEW SHEALER IN THE COURT OF i Plaintiff CUMBERLAND C01 vs. NO. 2008-CV-7435 CIVIL ACTION - LA NICOLE SHEALER Defendant IN DIVORCE RULE AND NOW, this U&day of 2009, upon cons Petition for Exclusive Possession Pursuant to to §3502(c) of the Divo P.1920.43, a copy of which is attached hereto, a Rule is issued to Defer show cause why the relief requested should not be granted. RULE RETURNABLE I? I (P , 2009 at Courtroom No. a of the Cumberland County Courthouse, High and I Pennsylvania. BY THE Distribution List: P,"ge Macdonald-Matthes, Esquire, Serratelli, Schiffman, Brown & C Linglestown Road, Harrisburg, PA 17110 ,?drol Lindsay, Esquire, Saidis Shuff Flower & Lindsay, 26 West Higl N1 ZON PLEAS , PENNSYLVANIA deration of the Plaintiff s e Code and Pa. R.Civ. dant. Nicole Shealer to aaa/pm in -r Streets, Carlisle, J. !boon, I".-C., 2080 Street, Carlisle, PA 17013 CC) J< LO. 4t_. L13 SJ.a _L7 cr 'j U Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney for Plaintiff MATTHEW SHEALER, : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-CV-7435 NICOLE SHEALER : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF RE: EXCLUSIVE POSSESSION AND/OR SURRENDER OF VEHICLE AND NOW COMES the above-named Plaintiff, Matthew Shealer, by and through his counsel, Paige Macdonald Matthes, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and files his Petition for Special Relief for Immediate Exclusive Possession and/or Surrender of Vehicle Pursuant to §3502(c) of the Divorce Code and Pa. R.Civ. P.1920.43 and in support thereof avers as follows: Plaintiff resides at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania. 2. Defendant/Respondent is Nicole Shealer (hereinafter "Defendant"), who currently resides at 29 Johns Drive, Enola, Cumberland County, Pennsylvania 17025 since February 26, 2009. 3. The Plaintiff and Defendant were married on November 17, 2007, in Lancaster County, Pennsylvania. 4. The Parties separated on December 18, 2008. Despite the Parties' separation however, Defendant has continued to reside at the 29 Sherwood Circle address until February 25, 2009. Facts Suimortinii Motion for Exclusive Possession and/or Surrender of Vehicle 5. When the Parties married, they were each in possession of a vehicle, to wit: Plaintiff owned a 2001 Toyota 4Runner (hereinafter "4Runner") and Defendant owned a 2000 Volkswagen Jetta (hereinafter "Jetta") 6. On or about February, 2008, Defendant advised Plaintiff that she was no longer satisfied driving her Jetta and that she wanted a new car. Specifically, Defendant advised Plaintiff that she wanted him to purchase a BMW for her to drive. 7. As of February, 2008, the Jetta had approximately 120,000 miles on it and had a trade-in book value of $1,950. As of February, 2008, the 4Runner had approximately 105,000 miles on it, had a trade-in book value of $6,175.00, and Plaintiff still owed $10,000 on the same. 9. Since Plaintiff's car was the only vehicle that had any real value, the Plaintiff reluctantly agreed to trade in his vehicle so that Defendant could acquire the car that she desired to have. The Parties further agreed that the Plaintiff would drive the Jetta which Defendant had determined she would no longer be willing to drive. 10. On or about April, 2008, the Parties purchased a 2005 BMW 3251 (hereinafter "BMW") for the purchase price of $16,000.00.1 At the time of purchase, Plaintiff was given $7,000 for his 4Runner. 1 According to Kelly Blue Book, the value of this car at the time of purchase was actually $19,890.00. 11. On or about April, 2008, the Parties entered into a loan agreement with Lebanon Federal Credit Union for the purchase of the BMW (hereinafter "BMW Loan"). At the time of the loan, Defendant did not have a job and was enrolled at York College as a full-time student. Defendant agreed however, that upon graduation she would get a full-time job and take over the payments for the BMW. 12. At all times relevant, Plaintiff has paid the monthly BMW Loan payment in the amount of $480.00 despite the fact that Defendant has had exclusive use and possession of the BMW, and despite the fact that Defendant had previously promised that she would make the loan payments once she graduated from York College and got a job. 13. The current Kelly Blue Book value of the BMW is $18,290.00 14. The current outstanding balance on the BMW loan as of February 23, 2009 is $23,000. 15. Defendant has advised Plaintiff that she does not have the money to make the $480.00 per month payment on the BMW despite the fact that she is working full time, has secured a new condo for herself and has recently purchased brand new furniture for her new condo. 16. In the event that Defendant fails to make a required monthly payment on the BMW, the BMW loan will go into default and adversely affect Plaintiff's credit rating. 17. On or about March 5, 2009, Plaintiff contacted his insurance company, State Farm Insurance ("State Farm") to let them know he was getting divorced, that Defendant had moved out of his home and taken the BMW, and that he was no longer going to be paying for Defendant's car insurance through State Farm Insurance. Plaintiff was advised that he was obligated to pay for the BMW through March, 2009, and thereafter the policy would be split and State Farm would contact Defendant regarding her obligation to pay her premium for the BMW. Plaintiff has always paid the car insurance for the BMW which is $60.00 per month for the BMW. 18. As of April 1, 2009, Defendant will be responsible for making the insurance payment on the BMW as State Farm Insurance has been notified that she has moved out of Plaintiff s residence and that she has taken the BMW with her. 19. In the event that Defendant fails to make a required insurance payment on the BMW and is involved in an accident while driving the same, Plaintiff, as a title owner of the vehicle will be at substantial risk of being named as a defendant in any law suit and/or criminal action that is instituted as a result of not having the vehicle insured. 20 Plaintiff believes and therefore avers that unless Defendant is prepared to pay all of the costs associated with the BMW, pay Plaintiff his share of the equity in the vehicle and refinance the loan in her own name, Defendant should not be able to continue to have sole and exclusive use of the BMW. 21. Plaintiff further believes and therefore avers that if he is required to continue making payments on the BMW then Plaintiff should be awarded exclusive possession of the BMW. 22. Plaintiff believes and therefore avers that unless and until the BMW is surrendered to Plaintiff, Plaintiff will continue to be at risk for the dissipation of the value of the BMW, the risks to his credit rating in the event of Defendant's non-payment of the BMW loan, as well as for any risks associated with Defendant's potential uninsured use of the vehicle. 23. Rule 1920.43(a)(2) of the Pennsylvania Rules of Civil Procedure provides that "at any time after the filing of the complaint, on petition setting forth the facts entitling the party to relief, the court, may upon such terms and condition as it deems just, ... order the seizure or attachment of real or personal property ... " 24. Plaintiff has been and will continue to be harmed by Defendant's use of the BMW unless and until this Honorable Court grants the relief requested herein. 25. The contents of the within Motion have been communicated to Defendant's Counsel, Carol Lindsay, Esquire and Ms. Lindsay has indicated that she does/ Coe not concur in the same. 26. This divorce matter has been assigned to the Honorable Edgar B. Bayley. WHEREFORE, the Plaintiff/Petitioner respectfully requests that this Honorable Court enter an Order in his favor and against Defendant/Respondent, Nicole Shearer directing the immediate surrender of the BMW to Plaintiff, and further award Plaintiff all such other relief as is proper and just, including counsel fees and costs associated with the filing and litigation of this Petition for Special Relief. RESPECTFULLY SUBMITTED, Paige Macdonald-Matthes, Esquire Attorney No. 66266 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Plaintiff/Petitioner Date: March 10 , 2009 VERIFICATION I, Matthew Shealer, verify that the statements made in this Petition for Exclusive Possession/Immediate Surrender of Vehicle are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Matthew Shealer, Plaintiff CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Plaintiff in the above captioned matter, certify that on this %0 day of March, 2009, I served a copy of the foregoing Petition for Exclusive Possession/Immediate Surrender of Vehicle upon the person(s) indicated below by U.S. Mail, postage paid, and addressed as follows: Carol J. Lindsay, Esquire Saidis Shuff Flower & Lindsay 26 West High Street Carlisle, PA 17013 Paige Macdonald-Matthes, Esquire -..? t;1Ty 2a. { > r f MATTHEW SHEALER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW : NO. 08-7435 NICOLE SHEALER, : Defendant IN DIVORCE STIPULATION OF THE PARTIES The parties hereto agree as follows: 1. They are husband and wife, having been joined in marriage on November 17, 2007. 2. On or about February 4, 2009, Matthew Shealer, hereinafter "Husband", filed a Petition with the Court of Common Pleas of Cumberland County for exclusive possession of the marital home. 3. Nicole Shealer, hereinafter "Wife", denies the factual allegations set out in the Petition. 4. The parties agree that Husband shall have exclusive possession of the home at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania. 5. The parties agree that the terms of this Stipulation may be entered as an Order SAMIS, FLOWER & LINDSAY nrmaN?s.,?uw 26 West High Street Carlisle, PA of Court. Witness: I a ew She e Nicole Shealer C= V W 7't MATTHEW SHEALER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-7435 NICOLE SHEALER, Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Nicole Shealer, by and through counsel, SAIDIS, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on November 17, 2007. 2. The parties separated on or about January 2009. 3. Petitioner is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDIS, FLOWER & LINDSAY SAIDIS, RJOWER & LE% DS" 26 West High Street Carlisle, PA Carol J. U"ndsay,'NMI 'lie Supreme Court I . 44693 26 West High S reet Carlisle, PA 17013 717-243-6222 DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: NICOLE SHEALER DOB: SSN: ADDRESS: 29 SHERWOOD CIRCLE, ENOLA, PA 17025 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONERS EMPLOYMENT: STRATIS & GAYNER HOW LONG? NET PAY: $12.00 PER HOUR/35 HOURS PER WEEK JOB TITLE: OTHER INCOME: (INCLUDEAMOUNTAND SOURCE) RESPONDENT: MATTHEW SHEALER DOB: SSN: ADDRESS: 29 SHERWOOD CIRCLE, ENOLA, PA 17025 ATTORNEY: PAIGE MACDONALD-MATTHES, ESQUIRE RESPONDENTS EMPLOYMENT: MEDICAL SALES HOW LONG? NET PAY: $150,000.00 JOB TITLE: SALESMAN OTHER INCOME: (INCLUDEAMOUNTAND SOURCE) WHEN MARRIED: NOVEMBER 17, 2007 DATE SEPARATED: JANUARY, 2009 SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA WHERE: LANCASTER, PENNSYLVANIA WHERE LAST LIVED TOGETHER: CUMBERLAND COUNTY, PENNSYLVANIA FOR DRS INFORMATION ONLY 0L*06/2009 09:29 7172436510 SAIDIS FLOWER & LIND PAGE 02/06 YMUMCATION I verify that the statements made ;n the foregoing document 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 falsifications to authorities. N le S aler Date: FR'& LESIDSIAY ><rleea?enolo zF W?+ix?t High Sh w yarlhdc, PA DRS ATTACHMENT FOR APL PROCEEDINGS SAIDIS, FLOWER & UNDS" 26 West High Street Carlisle, PA PETITIONER: NICOLE SHEALER DOB: DECEMBER 8, 1978 SSN: 217-96-0737 ADDRESS: 25 JOHNS DRIVE, ENOLA, PA 17025 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONERS EMPLOYMENT: STRATIS & GAYNER HOW LONG? 4 - 5 MONTHS NET PAY: $12.00 PER HOUR/30 HOURS PER WEEK JOB TITLE: RECEPTIONIST OTHER INCOME: (INCLUDEAMOUNTAND SOURCE) RESPONDENT: MATTHEW SHEALER DOB: APRIL 18,1979 SSN: ADDRESS: 29 SHERWOOD CIRCLE, ENOLA, PA 17025 ATTORNEY: PAIGE MACDONALD-MATTHES, ESQUIRE RESPONDENTS EMPLOYMENT: MEDICAL SALES - ZIMMER ORTHOPEDIC HOW LONG? 3 YEARS NET PAY: APPROXIMATELY $150,000.00 - SALARY AND COMMISSION JOB TITLE: SALESMAN OTHER INCOME: (INCLUDEAMOUNTAND SOURCE) WHEN MARRIED: NOVEMBER 17, 2007 DATE SEPARATED: JANUARY, 2009 WHERE: LANCASTER, PENNSYLVANIA WHERE LAST LIVED TOGETHER: CUMBERLAND COUNTY, PENNSYLVANIA FOR DRS INFORMATION ONLY C7 C=l Fn cs; t MATTHEW R. SHEALER, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-7435 CIVIL TERM NICOLE L. SHEALER, IN DIVORCE Defendant/Petitioner PACSES NO: 454110738 ORDER OF COURT AND NOW, this 16th day of March 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 Amy L. Ickes on March 24.2009 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (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 Carol J. Lindsay, Esq. Paige MacDonald-Mattes, Esq Date of Order: March 16, 2009 14 .r J. Sh y, A Coordinator 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 er? +a4 co q F j r?? MAR 13 2008 MATTHEW SHEALER, VS. IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-CV-7435 CIVIL ACTION - LAW NICOLE SHEALER Defendant IN DIVORCE RULE AND NOW, this i O'day of AW-L, - , 2009, upon consideration of the Plaintiff s Petition for Exclusive Possession /Immediate Surrender of Vehicle Pursuant to §3502(c) of the Divorce Code and Pa. R.Civ. P.1920.43, a copy of which is attached hereto, a Rule is issued to Defendant, Nicole Shealer to show cause why the relief requested should not be granted. RULE RETURNABLE , 2009 at am/piw in Courtroom No. a of the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. 'Distribution List: Paige Macdonald-Matthes, Esquire, Serratelli, Schif fman, Brown & Calhoon, P. C., 2080 Li lestown Road, Harrisburg, PA 17110 l Lindsay, Esquire, Saidis Shi ff Flower & Lindsay, 26 West High Street, Carlisle, PA 17013 Co?,C'S n,x,LL 3?f?/o9 ?l >-- `? ? ?- .r-' t- `?'i %? `? ?- c .,> ?, ' ?? ??-- : f?? 1?" ?,4 ?C?- ? fi- 7 : . ? ?r C??. ? F - - _ e:? ? %1 N C.? c ?. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA MAR i 6 2008 61 MATTHEW SHEALER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-7435 NICOLE SHEALER, Defendant IN DIVORCE ORDER OF COURT NOW, this day of , 2009, upon consideration of the -"Z within Stipulation of the Parties, the terms of the Stipulation are hereby made an Order of Court. Y 1 A ?A\?r v' MATTHEW SHEALER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-7435 CIVIL TERM NICOLE SHEALER, IN DIVORCE Defendant/Petitioner PACSES Case No: 454110738 ORDER OF COURT AND NOW, this 31 st day of March 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,573.95 and the Respondent's monthly net income/earning capacity is $ 5,938.76, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Nine Hundred Forty and 00/100 Dollars ($ 940.00) per month payable semi-monthly as follows: $ 914.00 per month for Alimony Pendente Lite and $ 26.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 470.00 semi-monthly. The effective date of the order is March 12, 2009. Arrears set at $ 600.99 as of March 31, 2009. 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: Nicole Shealer. 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 r' 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 31 st 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 Order is based upon the calculations from the March 24, 2009 conference. 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: March 31, 2009 to: Petitioner Respondent Carol J. Lindsay, Esq. Paige macDonald-Matthes, Esq. BY THE COURT, rk -t ??4 M. L. Ebert, Jr., J. DRO: R.J. Shadday ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-7435 CIVIL State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/31/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number 659108190 (Z)Original Order/Notice 17 S 2009 OAmended Order/Notice 0Terminate Order/Notice ()One-Time Lump Sum/Notice RE:SHEALER, MATTHEW R. Employee/Obligor's Name (Last, First, MI) 197-68-3135 Employee/Obligor's Social Security Number ZIMMER RANDALL ASSOC 0664101656 C/O PAYROLL SUPERVISOR Employee/Obligor's Case Identifier STE 1 (See Addendum for plaintiff names 2245 KOHN RD associated with cases on attaclxnent) HARRISBURG PA 17110-9604 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. $ 1,165.07 $ $ 100.00 0.00 $ 0.00 $ 914.00 $ 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 Arrears 12 weeks or greater? Oyes ® no for a total of $ 2,179.07 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: $ -902.96 per weekly pay period. $ 1, 089.54 per semimonthly pay period 1005.72 (twice a month) $ _ per biweekly pay period (every two weeks) $ 2,179.07 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 FITS 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 NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: M. L. Ebert, Jr., Judge DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecke you are required to pr ide a opy of this form to your m loyee. If yo r employee works in a state that is di erent from the state that issuedthis onfer, a copy must be proviSUto 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 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. 2515833510 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 13 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: IJ EMPLOYEE'S/OBLIGOR'S NAME:SHEALER, MATTHEW R. EMPLOYEE'S CASE IDENTIFIER: 0664101656 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. 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 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. 1 1. 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 OMB No.: 097"154 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEALER, MATTHEW R. PACSES Case Number 454110738 Plaintiff Name NICOLE L. SHEALER Docket Attachment Amount 08-7435 CIVIL$ 914.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 Form EN-028 Rev. 4 Worker ID $ IATT .. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 659108190 Co./City/Dist. of CUMBERLAND 17 S 2009 Date of Order/Notice 04/01/09 Case Number (See Addendum for case summary) EmployerM/ithholder's Federal EIN Number ZIMMER RANDALL ASSOC C/O PAYROLL SUPERVISOR STE 1 2245 KOHN RD 197-68-3135 Employee/Obligor's Social Security Number 0664101656 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) HARRISBURG PA 17110-9604 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. $ 1,165.07 $ 100.00 $ 0.00 $ 0.00 $ 914.00 $ 26.00 $ 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? Dyes ® no one-time lump sum payment for a total of $ 2,205.07 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: $ ?nR szti per weekly pay period. $ 1, 102.54 per semimonthly pay period (twice a month) $ 1017.72 . per biweekly pay period (every two weeks) $ 2,205.07 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 NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: M. L. Ebert, Jr., Judge DRO: R.J. Shadday Service Type M ON16 No.: 0970-0154 08-7435 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE:SHEALER, MATTHEW R. Employee/Obligor's Name (Last, First, MI) Form EN-028 Rev. 4 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If checked you are required to provide a copy of this form to your m loyee. If yo r employee works in a state that is different from the state that issued this order, a copy must be provic?edpto 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. 2515833510 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 13 EMPLOYEE'S/OBLIGOR'S NAME: SHEALER, MATTHEW R. EMPLOYEE'S CASE IDENTIFIER: 0664101656 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 (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. 4 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEALER, MATTHEW R. PACSES Case Number 454110738 PACSES Case Number 659108190 Plaintiff Name Plaintiff Name NICOLE L. SHEALER NICOLE L. SHEALER Docket Attachment Amount Docket Attachment Amount 08-7435 CIVIL$ 940.00 00017 S 2009 $ 1,265.07 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB MORGAN NICOLE SHEALER 02/17/06 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 PACKS 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. 4 Service Type Worker ID $IATT M once No.: 0970-01 54 RE.ED-43"i OF THE- IWONOTARY 2009 APR -2 Pfl 3= i 0 MATTHEW SHEALER, : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-CV-7435 : CIVIL ACTION - LAW NICOLE SHEALER Defendant : IN DIVORCE ORDER AND NOW, thisZ uay of April, 2009, upon consideration of the within Stipulation of the Parties regarding possession of the marital vehicle, the terms of the Stipulation are hereby made an Order of Court. I? D' tribution List: aige Macdonald-Matthes, Esquire, Serratelli, Schiff nan, Brown & Calhoon, P.C., 2080 Lin estown Road, Harrisburg, PA 17110 of Lindsay, Esquire, Saidis Shuff Flower & Lindsay, 26 West High Street, Carlisle, PA 17013 _l _ : C-1 C%j LJ- a: MATTHEW SHEALER, : IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2008-CV-7435 : CIVIL ACTION - LAW NICOLE SHEALER Defendant : IN DIVORCE STIPULATION OF THE PARTIES RE: POSSESSION OF MARITAL VEHICLE AND NOW COMES the above-named Plaintiff, Matthew Shealer, by and through his counsel, Paige Macdonald Matthes, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and the above named Defendant, Nicole Shealer, by and through her counsel, Carol A. Lindsay, Esquire and the law firm of SAIDIS, FLOWER & LINDSAY, and do hereby Stipulate and agree as follows: The Parties are currently husband and wife, having been joined in marriage on November 17, 2007. 2. The Parties separated on December 18, 2008. Despite the Parties' separation however, Defendant has continued to reside at the 29 Sherwood Circle address until February 25, 2009. On or about March 11, 2009, Plaintiff, Matthew Shealer (hereinafter "Plaintiff') filed a Petition with the Court of Common Pleas, Cumberland County for Exclusive Possession and/or Surrender of Vehicle, to wit: the Parties' 2005 BMW 325i (hereinafter "BMW"). 4. The Parties agree that Defendant, Nicole Shealer (hereinafter "Defendant") shall be permitted to retain possession of the BMW conditioned on the following terms: a. Defendant shall solely be responsible for making the monthly car loan payment for the BMW to the Lebanon Federal Credit Union (hereinafter "BMW Loan") in the amount of $480.00 per month; b. Defendant shall solely be responsible for properly insuring the BMW at the same monetary level as said BMW was insured during the Parties' marriage; C. Defendant shall solely be responsible for all insurance payments due for the BMW; d. Defendant shall solely be responsible for all costs associated with the routine maintenance and upkeep of the BMW; e. Defendant shall indemnify and hold Plaintiff harmless for any cause of action arising out of the use and/or operation of the BMW; and f. Defendant shall indemnify and hold Plaintiff harmless for the BMW loan owed to Lebanon Federal Credit Union. 5. This execution of this Stipulation by the Parties hereby renders moot the need for the hearing on the Petition for Exclusive Possession Re: The Vehicle presently scheduled for Wednesday, April 8, 2009. I i 1 6. The Parties agree that the terms of this Stipulation re: Marital Vehicle shall be entered as an Order of Court. WITNESS: C:4JQ-U &O-L Matthew Shea er, Plaintiff n? icole Shealer, Defendant ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 08-7435 CIVIL State Commonwealth of Pennsylvania 659108190 OOriginal Order/Notice Co./City/Dist. of CUMBERLAND 17 S 2009 OAmended Order/Notice Date of Order/Notice 02/19/10 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE:SHEALER, MATTHEW R. EmployerAvithholder's Federal EIN Number Employee/Obligor's Name (Last, First, M0 197-68-3135 Employee/Obligor's Social Security Number ZIMMER RANDALL ASSOC 0664101656 C/O PAYROLL SUPERVISOR Employee/Obligor's Case Identifier STE 1 (See Addendum for plaintiff names 2245 KOHN RD associated with cases on attachment) HARRISBURG PA 17110-9604 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 ordtf)for sport from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required f dedggt the amounts from the above-named employee's/obligor's income until further notice even if the Order/ trice irnot _-+ issued by your State. I'D $ 1,165.07 per month in current child support $ o.00 per month in past-due child support Arrears 12 weeks or greater? !yes no.-, c', $ 0.00 per month in current medical support l = rt, $ 0.00 per month in past-due medical support $ 914.00 per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 2,079.07 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: $ 479.79 per weekly pay period. $ 1, 039.54 per semimonthly pay period (twice a month) $ 959.57 per biweekly pay period (every two weeks) $ 2, 079.07 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 AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 M. L. Ebert, Jr., Form EN-028 Rev.5 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ej If4hecked you are required to provide asopy of this form to youwuloyee. If your employee works in a state thatis di Brent from the state that issued this or er, a copy must be provi edd 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 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. 2515833510 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:SHEALER, MATTHEW R. EMPLOYEE'S CASE IDENTIFIER: 0664101656 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 (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 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport .state.pa.us Page 2 of 2 Form EN-028 Rev. 5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEALER, MATTHEW R. PACSES Case Number 454110738 Plaintiff Name NICOLE L. SHEALER Docket Attachment Amount 08-7435 CIVIL$ 914.00 Child(ren)'s Name(s): DOB PACSES Case Number 659108190 Plaintiff Name NICOLE L. SHEALER Docket Attachment Amount 00017 S 2009 $ 1,165.07 Child(ren)'s Name(s): DOB MORGAN NICOLE SHEALER 02/17/06 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.5 Service Type M Worker ID zATT OMB No.: 0970-0154 MATTHEW R. SHEALER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-7435 CIVIL TERM NICOLE L. SHEALER, IN DIVORCE - _= Defendant/Petitioner PACSES CASE: 454110738 rn p k:,n ORDER OF COURT .; "-'yf = ° ?y X30 ?.. AND NOW to wit, this 28th day of February, 2011, it is hereby Ordered that the Order for Alimony Pendente Lite be suspended effective March 1, 2011 due to the written request of the Petitioner. There is no balance due to the Petitioner. 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: t ?? - M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Paige MacDonald-Matthes, Esq Form OE-001 Service Type: M Worker: 21005 1 oE' 2 al??J? l 'fp whim i? ? d1?1'?G?Gr/2 I n re?'Cr?n?2 ?v ?54' lltj 7,3oo -6y FEB $ 51011 NIA I'ucgbdJ10f I-r14ef kY CCtvV'ee hid l? kppt? ?,?p?,7?iedcvoree ?S not ? na( a??f l?i6l y s?,'11 pQi,GO?f. I3u.-? due to 4h¢ mid leas Q?k?cf ? ? crave 1??c? in - 1 bel?Pve ?,? ! haw te) c/o Se 1 Slbp i4P A? Can Samtorw c&7aacJ rne wrlh ?4?lus o?'.thQ l?Vorce p+?r??;?s ? ? ?.J?? wo?iQd ?? h2 laves rnc wh a n whaf w71( lE' e?t?r?? iS 11P1 ?nQJi? ar01' /?.rY(?Ytg 1 woufo(t ?'? ? Close use ?s 2-off' 2 a(j helA #3 rnaAjer e,(, why ?e8s to !-l? f? o&Lw uW1d hip rAtl A*?nUf w,-hrQd S?o 1 d6 hog know the s4atus v4 Me OCi yb rCe . rn? mach rn? a4, C? 17) 5$?0.02L -l1ank, qqz,,,, - tit' 6we ,S a4w- 1 ?I?( 1 j;?-e ??o1eS??a.l.?,r ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT State: Commonwealth of Pennsylvania 659108190 Co./City/Dist. of: CUMBERLAND 17 S 2009 Date of Order/Notice: 02/28/11 Case Number (See A en um for case summary) EmployerNVithholder's Federal EIN Number ZIMMER RANDALL ASSOC C/O PAYROLL SUPERVISOR STE 1 2245 KOHN RD HARRISBURG PA 17110-9604 RE: SHEALER. MATTHEW R. 08-7435 CIVIL 0 Original Order/Notice Q Amended Order/Notice 0 Terminate Order/Notice 0 One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 197-68-3135 Employ es igo s Social Security Number 0664101656 Employee/Obligors 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 $ 0.00 per month in past-due child support $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ _Q3ces r ryl _ M - .,.- C4 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. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your 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 AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIA SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY M 6).A BY THE COURT: Arrears 12 weeks or greater? M. L. Ebert, Jr., Judge U DRO: R. J. Shadday OMB No.: 0970-0154 Form EN-028 Service Type M Worker ID $IATT 0.00 per month to be forwarded to payee below. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one 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. 2515833510 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: SHEALER, MATTHEW R. EMPLOYEE'S CASE IDENTIFIER: 0664101656 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 (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 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www childsupportstate pa us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SHEALER, MATTHEW R. PACSES Case Number 454110738 Plaintiff Name NICOLE L. SHEALER Docket Attachment Amount 08-7435 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number 659108190 Plaintiff Name NICOLE L. SHEALER Docket Attachment Amount 00017 S 2009 $ 0.00 Child(ren)'s Name(s): DOB MORGAN NICOLE SHEALER 02/17106 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 PACKS Case Number Plaintiff Name Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT FILED-OFFICE THE PR0Tt;O mT,, r Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman & Brown, P. C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Email: PMacdonald-Matthes@ssbc-law.com Attorneys for Plaintiff 1011 APR I I AN 11: 3 CUMBERLAND COUNTY PENNSYLVANIA MATTHEW SHEALER, VS. NICOLE SHEALER Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-CV-7435 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW DIVORCE ACTION TO THE PROTHONOTARY: Please withdraw the above referenced divorce action without prejudice. Respectfully submitted, Paige Macdonald-Matthes Attorney ID No. 66266 Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Road Date: April 8, 20:1 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff