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HomeMy WebLinkAbout09-7912. r ' MARK P. DIBBLE, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oq - 7q is 0,1vil arrm MICHELE M. DIBBLE, 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 foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (717) 249-3166 M Ir MARK P. DIBBLE, Plaintiff VS. MICHELE M. DIBBLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. .• MARK P. DIBBLE, Plaintiff vs. MICHELE M. DIBBLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 q - '7 V;? &C-1 7'e" IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MARK P. DIBBLE, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is MARK P. DIBBLE, an adult individual who currently resides at 5904 Stephens Crossing in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is MICHELE M. DIBBLE, an adult individual who currently resides at 5904 Stephens Crossing in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 7 March 1992 in Elma, New York. 5. The Defendant in this matter, Michele M. Dibble, previously filed an action in divorce against Plaintiff, Mark P. Dibble, which was filed to No. 09-4593 Civil Term. That action was discontinued by Michele M. Dibble on or about 23 October 2009. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. S L. An Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 1 1 , 13.0q P. DIBBLE F 7HIE _0 2CU9116V 16 A cuti- $ 3(04. so PoArry', add" I- cf eiciL 7S9 e a3353S A Luther E. Milspaw, Jr., Esquire Attorney ID No. 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthermilsnaw(a,milsnawlawfirm.com MARK P. DIBBLE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : Docket No. 09-7912 CIVIL TERM MICHELE M. DIBBLE, : Defendant IN DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for the Defendant in the above-captioned matter. LUTHER EYMILSPAW, Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: November 24, 2009 r' MARK P. DIBBLE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 09-7912 CIVIL TERM MICHELE M. DIBBLE, Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Entry of Appearance upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 24' day of November 2009, addressed as follows: Samuel L. Andes, Esquire 525 North 12t' Street P.O. Box 168 Lemoyne, PA 17043 submitted, TARA L. EBRIGHT, Paralegal Law Office of Luther E. Milspaw, Jr. 13_P-&ate Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 OF TH 2009 NO'S 25 Fri I : U 0 :,;;'? AN MARK P. DIBBLE, ) PLAINTIFF ) vs. ) MICHELE M. DIBBLE, ) DEFENDANT ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-7912 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance in the above matter for the above-named Defendant Michele M. Dibble and accept service of the Divorce Complaint and acknowledge receipt of a copy of the Complaint this day. Date: LMther Milsbaw, Jr.' - Attorney for Defendant ? Supreme Court ID 130 State Street Harrisburg, PA 17108 A,( TAqY 2009 N 0 Y 26 I ' :. U0 SEP-30-2010(THU) 10; 3Z Samuel Rndes, Esq. (FRX)71T 761 1035 P. 001/002 rrli..rt~-~~riC Ear `~~~ ~'~;~ I s ~~~a01ARx~ ~atfl o~T -~ ~~~ ~ ~ ~ t'tJr3ERl~, ~R~~ CE~IJ~~ ~ 1` MARK P. DIBBLE, ~ ~^~~~~ ~' ~L~!°,, ;°~ { ~~: Plaintiff vs. MICHELE M. DIBBLE, Defendant 1N TH.E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL\lANIA. C1ViL ACTlOIy - .LAW NO. 09-7912 1N DIVORCE AFIFI DA'UTT nF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 16 November 2009 and served upon the Defendant vrithin thirty days thereafter, 2. The marriage of PlaiatYff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date ofboth the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVIE'R OF NOTICE OF iNT)!zN'~jON TO REQUEST ENTRY OF A DNORCE DECREE UND R SECTION 33011c) OF THE DIVORCE CODF 1. i consent to the entry of a final decree in divorce without nol~ec. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim theta before a divorce is granted. 3. l understand that I will not be divorced uatil a divorce deett~ is entered by the court and that a copy of the decree will be sent to me immediately after it is fil~:d with the Prothonotary. 1 verify th:~t the statements made in this Affidavit are true and correct. 1 understand that false statements h«ce'in arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifieatyon to authorities. ^~~ ~ Dated: P• SEP-30-2010(THU) 10. 3Z MARK P. DlliBLfi, Plaintiff vs. Samuel Andes, Esq. NCIC.HELE M. DIBBLE, Defendant ~'i~.~.-~F~=lC~ ~~ TE-tE ~~~~~~,~~~~TAFt'r' ~~10 OCT -~ P~ ~ ~ I S ~V~ €~~RL~~~~~ ~~U~~ t ~r ('~ x~nS `x"~..~`f ~ar~l~ (FRX~ZIZ Z61 1035 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACT14N -LAW NO. 09-?912 1N DIVORCE AFIF'ibAViT 2F CONSENT 1. A Complaint in Divorce under Suction 3301(c} of the Divorce Code was filed on 15 November 2009 and served upon the Defendant within thirty days thereaRer. P. 002/002 2. The marriage of Plaintilrand Defendant is irretrievably broken 'and ninety {90} days have elapsed iiom the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce ail~~r service of a Notice of Intention to Request Entry of the Decrcc. WAIVER OF NOTICE OF iNTENTIOl~TO REOUE$,1' ENTRY OF A DIVORCE DECREE UNDER SECTION 'ii01 cl OF TAE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 und~staad that 1 may lose rights concerning alimony, division of property, lawyer's fees, or expenses if 1 do not claim tltem before a divorce is I~r~ntcd. 3..f understand that i will not b4 divorced until a divorce decree is entered by the c:ouR and that a copy of the decree will be sent to the imtnediately after it is filed with the Prothoaotary. 1 verify that the statements made in this Affidavit are true: and correct. I understand that false statenu."nts herein arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C` --.' Dated: HELIv M. DIBB MARK P. DIBBLE, Plaintiff vs. MICHELE M. DIBBLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 09 - 7912 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~ day of , 2010, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on September 30, 2010, the date set for a Master's hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, Kevi A. 'Hess, P.J. cc: ~ muel L. Andes Attorney for Plaintiff ~ther Milspaw, Jr. Attorney for Defendant J ~~~b \O O ,-, ~ ~, r-_:~ '•- ~ ~ q' c-~ _"'0_ S~ ,~ ~ -~ -,.- ~`- f ~.'A ~ ~ ~ C~ 1 w+L _ MARK P.DIBBLE, Plaintiff vs. . MICHELE M. DIBBLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 09 - 7912 CIVIL IN DIVORCE THE MASTER: Today is Thursday, September 30, 2010. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Mark P. Dibble, and his counsel Samuel L. Andes, and the Defendant, Michele M. Dibble, and her counsel Luther Milspaw, Jr. This action was commenced by the filing of a complaint in divorce on November 16, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The affidavits and waivers will be filed by the Master's office with the Prothonotary's office. The divorce can conclude under Section 3301(c) of the Domestic Relations Code. The Master notes that an affidavit under Section 3301(d) was previously filed. However, that affidavit and the counter-affidavit filed in response will not be necessary to conclude the divorce inasmuch as we have the affidavits of consent and waivers of notice. 1 The Master also makes note of the fact that the agreement is going to specifically provide that the divorce will not be concluded until a date specified in the agreement. The Master will vacate his appointment; however, counsel will by the terms of the agreement, which is going to be put on the record, not file a praecipe or appropriate documents to the Court requesting a final decree in divorce be entered until the date prescribed in the agreement has been met. The motion for Master provides that the Master is to address claims for alimony and counsel fees and costs. Those claims have not been filed and, therefore, we will not need to specifically refer to any issues regarding alimony or counsel fees and costs. There will be a claim pursuant to the agreement as the Master understands for alimony pendente lite and, again, that issue will be specifically addressed in the agreement. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. However, the 2 parties and counsel have indicated that they are going to return today, after the agreement has been transcribed, to review the draft for typographical errors, make corrections as necessary, and then sign the agreement affirming the terms of settlement as stated on the record. Again, it is noted that no substantive changes will be made to the agreement after it is has been transcribed. The parties were married on March 7, 1992, and for purposes of equitable distribution, separated on December 31, 2008. The parties are the natural parents of two minor children, both of whom are living with both parents. Mr. Andes. MR. ANDES: The parties have agreed to resolve all of their economic issues and to conclude the divorce in this matter on the following terms: 1. The parties have agreed that for purposes of equitable distribution of their marital property they shall be deemed to have separated on December 31, 2008. Notwithstanding that date, the parties have filed consents to the divorce and agree that neither of them shall file documents or otherwise take steps to conclude the divorce and obtain a final decree in divorce prior to March 9, 2012. 2. With regard to the equitable distribution of marital property the parties have agreed as follows: 3. Husband will convey to wife all of his interest in the marital residence at 5904 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania. The property shall be, after delivery of a special warranty deed, conveying his interest in the property to wife, wife's sole and separate property free of any further claim by husband. The conveyance will be made subject to the first mortgage against the property which is owed to the Navy Federal 3 Credit Union and wife shall be responsible, after the 15th of November 2010 to make all payments and take all other actions required by the mortgage to keep it in full force and effect and out of default. Further, wife shall have six months from today's date to refinance the mortgage or otherwise obtain husband's unconditional release from the debt which is secured by the mortgage and, if she does not secure his release within that time, the parties shall list and sell the property to pay and satisfy the debts secured by the mortgage and the net proceeds of the sale, after the payment of that mortgage and the cost of sale, shall be distributed to wife and. be her sole and separate property. 4. Husband shall vacate the residence on or before the 15th of November 2010. Until he vacates the house, he shall be responsible to pay, and he shall pay, the mortgage installments on the house and the utilities for the property, prorated to the date that he vacates the property. After husband vacates the property, wife shall be solely responsible to make the mortgage payments, pay the utilities, and pay all other expenses relating to or arising out of the ownership or her occupancy of the house including, without limitation, real estate taxes, home owner's insurance and the like. 5. The parties agree that husband shall deliver a deed to convey his interest in the property to wife within 15 days of the date that wife's attorney submits the deed to husband's attorney. Wife's attorney shall be responsible to prepare the deed and submit it to husband within that time frame. Both parties represent to the other that neither of them have taken any steps to increase the principal balance owed on the mortgage since the mortgage was originally taken out. 6. Wife shall retain the following assets free of any further claims by husband: a) The cash she received from the sale of the Virginia real estate in the approximate amount of $20,000.00; b) her IRA; c) Toyota Prius motor vehicle currently titled in her name; d) and the 2000 Dodge van or the proceeds its 4 disposition. 7. Husband shall retain the following assets free of any further claims by wife: a) The funds accumulated while he was on his last overseas deployment which are held in his Navy Federal Credit Union accounts; b) his IRA account; c) his tools (does not include all the garden and lawn equipment); d) the cash value of his Prudential Life insurance policy; e) his account within the Navy Thrift Savings Plan; f) the 1973 Ford Mustang currently titled in his name; g} and the 2010 Silverado. 8. The parties will cooperate with each other to execute and deliver any documents necessary to distribute the assets in accordance with the foregoing two paragraphs. 9. Husband shall retain as his sole and separate property and remove from the house when he vacates it or prior thereto the following items of personal property: a) A painting by Melindi, a Bugs Bunny Cericell, and a painting of the Cape Henry Lighthouse. Husband agrees that he shall hold the Melindi painting until such time as he gives it or bequeaths it to his children. b) the furniture and his personal effects and clothing in the Master bedroom at the marital residence; c) his tools; d) the items acquired by him while deployed overseas, including but not limited to a set of silver goblets, a submariner's pocket watch, a submariner's Alidad, flags, clocks, and other items given to him or otherwise obtained from ships on which he served, fossils, rocks and crystals, (except those items addressed in the next numbered 5 paragraph). 10. Wife shall retain her jewelry which includes a 2-carat Emerald and a set of gold and jade jewelry, consisting of earrings, necklace, and bracelet. She shall hold the Emerald and the gold and jade jewelry until such time as she gives or bequeaths them the children. Otherwise, wife shall retain as her sole and separate property the other items of furnishings and personal property located in the marital residence free of any further claim by husband. 11. Husband is employed by the United States Navy and as a result of that employment has accrued and continues to accrue certain retirement benefits. With regard to those benefits, the parties have agreed as follows: a) Husband will remain on the High 3 pension calculation and will not return to the Redux method of calculation; b) At the time of the divorce, the parties will enter a Domestic Relations Order to award to wife 50~ of the marital portion of his retirement benefits, calculated in accordance with a coverture fraction. The DRO will also provide a survivors annuity benefit to be elected by husban in an amount designated by wife, and will further provide that wife will pay the cost of ,+su`ch survivor benefit from her portion of the pension benefits distributed to her pursuant to the Domestic Relations Order. c) For the purpose of calculating the coverture fraction, the parties agree that their date of marriage was March 7, 1992, and that their date of separation was December 31, 2008. The parties further agree that husband commenced his service in the Navy on September 12, 198$. d) In calculating the distribution of the retirement benefits, the parties will assume and the Domestic Relations Order will provide no reduction in husband's monthly benefit for any disability or Veteran's Administration distribution so that the coverture fraction will be applied to his military pension payment without such reduction. e) The parties agree that the Domestic Relations Order will be prepared by Jonathan Cramer and the parties will share the cost of preparing and entering that order. 12. With regard to alimony and alimony pendente lite, the 6 parties agree as follows: a) Husband shall pay APL to wife effective the date he vacates the residence in an amount to be calculated by the Domestic Relations Office of Cumberland County in accordance with the Pennsylvania Supreme Court Support Guidelines; b) For purposes of calculating the APL, as well as for purposes of calculating support, wife's income shall be the greater of her actual earnings at the time that any such order is entered or her earning capacity, which the parties agree to be $640.00 per week (based upon an hourly rate of $16.00 and workweek of 40 hours ). c) The alimony pendente lite will continue until such time as the divorce action is concluded between the parties and wife commences receipt of her portion of husband's retirement, whichever last occurs. In the event, that the parties are divorced before husband's retirement, the alimony pendente lite shall automatically be converted to alimony and shall continue until husband retires and wife commences receipt of her portion of his retirement benefits. d) Notwithstanding the above, both APL and alimony will cease when wife first commences receipt of her portion of husband's military retirement and, after that date, husband shall have no further obligation to pay alimony or APL to wife. e) The alimony will not be terminated upon wife's co-habitation with another man or her remarriage. But alimony shall terminate upon the death of either party. 13. With regard to child support, the parties agree as follows: a) Husband shall pay support to wife for the support of the children, while they live with her, in an amount to be calculated by the Domestic Relations Office of Cumberland County applying the Pennsylvania Supreme Court ~,~ I ~ld Suop~ t Guidelines. For purposes of calculating the G( ~ =~ `•'°~ "' ~" ~' vr~ '' ~_'' ~"~ support, wife's income shall be the greater of her actual earnings at the time that any such order is entered or her earning capacity, which the parties agree to be $640.00 per week (based upon an hourly rate of $16.00 and workweek of 40 hours ). The ~.,, ~ support order will commence and be effective on the date ,~~ that husband vacates the marital residence. The child `~!~~~~ support will continue for each child after they graduate 7 from high school until they leave either parent's home and cease to make their primary residence, with the parent receiving child support but no later than the 31st day of August in the year in which they graduate from high school. These provisions will apply whether husband is obligated to pay child support to wife at that time or wife is obligated to pay child support to husband. b) Husband will provide health insurance through his employer for the children either in Tri-Care Prime or Tri-Care standard. Wife shall have the right to elect which plan for the children but in the event she elects Tri-Care Standard she will be responsible to pay all co-pays for the children's care. Otherwise, the payment for medical expenses incurred for the children beyond the health care coverage will be divided and paid by the parties in accordance with the child support order contemplated above. c) Husband has accrued certain benefits under the GI Bill which can, under current law, be assigned to the children. Husband agrees that he will not use those benefits for himself and will assign them for the children for purposes of their college costs. Both parties will cooperate to effect that assignment if and when the children attend college. 14. The parties agree that all elements of this agreement are material to their final settlement of the economic claims. In light of that and the above, the parties each waive their rights to have the Court make further equitable distribution of their property, award further claims for alimony or alimony pendente lite, or award counsel fees or costs to either party. 15. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 16. The parties agree that they will cooperate to make 8 available to both of them all documents necessary for the care of the children, including without limitation their military ID cards, birth certificates, driver's license, passports and any other significant documents. 17. The parties represent to each other there are no debts that either of them is aware of f4r which the other party would be liable except as providEpfin this agreement. In the event that either party has created a debt in the name of the other for which the other could be liable, the party creating the debt will be solely responsible to pay it and will shall indemnify and save the harmless from any and all costs, including attorney fees, resulting from such debt. Otherwise, the party shall pay and satisfy in accordance with their terms all debts currently existing in their individual names. 18. The parties agree that this agreement shall be interpreted, applied and enforced by the Courts of and in accordance with the laws of the Commonwealth of Pennsylvania. MR. ANDES: Mr. Dibble, did you hear what I just dictated? MR. DIBBLE: Yes. MR. ANDES: We have been here since 9:00 this morning. I've represented you for substantially more than a year in this matter, have we had ample opportunity to discuss your rights and liabilities? MR. DIBBLE: Yes. MR. ANDES: Are you satisfied that you understand them? MR. DIBBLE: Yes. MR. ANDES: Have we had ample opportunity to develop information about the marital and non-marital assets and obligations, and are you satisfied that you are aware of 9 those? MR. DIBBLE: Yes. MR. ANDES: Are you willing to settle the case on the terms outline in what I just dictated? MR. DIBBLE: Yes. MR. ANDES: You understand that if you do so, when we leave here today, that's the final agreement and you can't change it without Michele's consent and she can't change it without your consent? MR. DIBBLE: Yes. MR. ANDES: And being aware of that, you're willing to make this your agreement and be bound by it? MR. DIBBLE: Yes. MR. ANDES: Ms. Dibble, did you hear what I just asked your husband? MS. DIBBLE: Yes. MR. ANDES: Are you satisfied that you've had ample opportunity to meet with Mr. Milspaw to review your rights and your obligations under the Divorce Code? MS. DIBBLE: Yes. MR. ANDES: Are you satisfied that you understand them? MS. DIBBLE: Yes. MR. ANDE5: And to review Mark's rights and obligations under the Divorce Code and do you believe you 10 understand those? MS. DIBBLE; Yes. MR. ANDES: Are you satisfied that you've had ample opportunity to gain information about the assets and liabilities and are you satisfied that you have adequate information to knowingly enter into this agreement? MS. DIBBLE: Yes. MR. ANDES: Are you satisfied with the terms of the agreement as it provides for the division of your property, for child support and everything else? MS. DIBBLE: Yes. MR. ANDES: And knowing that, are you willing to accept this as the final agreement between you and Mark? MS. DIBBLE: Yes. MR. ANDES: And are you aware that whatever we do today is final and binding and you can't change it without Mark's consents? MS. DIBBLE: Yes. MR. ANDES: And knowing that, are you willing to enter into this agreement? MS. DIBBLE: Yes. THE MASTER: Thank you very much. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend 11 } f to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: r Samuel L.~Andes ark P. Dibble Att~orneu far Plaintiff ~ V ~3~0 ~ ~ ~ ~~ Luther Mi s aw, Jr. M hele M. Dibble Attorney fob Defendant 12 F9 .i Luther E. Mils' aw, Jr., Esquire Attorney ID N . PA 19226 130 State Streej , P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Attorney for Defendant Fii, ~~-rr ~iCE v. ~a -, { air' ts,~ i :j~~~TY Copy -!~ U'efl MARK P. DIBBLE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :Docket No. 09-7912 CIVIL TERM MICHELE 1tiV1. DIBBLE, Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE ANDI NOW comes Defendant, MICHELE M. DIBBLE, by and through her attorney, Luther E. M~lspaw, Jr., Esquire and files this Petition for Alimony Pendente Lite and in support thereof, aver as follows: 1. 2. 3 Petitioner is MICHELE M. DIBBLE, Defendant, who currently resides at 5904 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050. Respondent is MARK P. DIBBLE, Plaintiff, who resided at 5904 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania 17050 until October 15, 2010 when he moved out of the marital residence. Petitioner ["Wife"] and Respondent ["Husband"] were married on March 7, 1992, and for purposes of equitable distribution, separated on or about December 31, 2008. 4. ~ Husband filed a Complaint for Divorce on November 16, 2009 at the above caption. 5. 6. 7. 8. Wife is employed, but lacks sufficient income to support herself. Wife lacks sufficient property to provide for her reasonable means. Wife requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. On Thursday, September 30, 2010, the parties and their respective counsel appeared before the Cumberland County Divorce Master and an agreement was reached in relation to all of their economic issues, including APL and alimony, the agreement reduce to writing, signed and placed on the record. 9. The terms of the agreement as they relate to this petition are as follows: a. Husband shall pay APL to wife effective the date he vacates the residence in an amount to be calculated by the Domestic Relations Office of Cumberland County in accordance with the Pennsylvania Supreme Court Support Guidelines; b. For purposes of calculating the APL, as well as for purposes of calculating support, wife's income shall be the greater of her actual earnings at the time that any such order is entered or her earning capacity, which the parties agree to be $640.00 gross per week (based upon an hourly rate of $16.00 gross per week and a work week of 40 hours); c. The alimony pendente lite will continue until such time as the divorce action is concluded between the parties and wife commences receipt of her portion of husband's retirement, whichever last occurs. In the event that the parties are divorced before husband's retirement, the alimony pendente lite shall automatically be converted to alimony and shall continue until husband retires and wife commences receipt of her portion of his retirement benefits; d. Notwithstanding the above, both APL and alimony will cease when wife first commences receipt of her portion of husband's military retirement and, after that date, husband shall have no further obligation to pay alimony or APL to wife; 10 e. The alimony will not be terminated upon wife's co-habitation with another man or her remarriage. But alimony shall terminate upon the death of either party. The Wife filed a Complaint for Support on October 8, 2010 and a conference is scheduled for November 15,1010 at 2:00 PM before conference officer David C. Hatch. 11. It is requested that the conference on this Petition be consolidated with the one scheduled for November 15, 2010. 12. Judge Hess has ruled upon other issues in this matter insofar as he entered the orders appointing and vacating the divorce master on March 11 2010 and October 5, 2010 respectively; and Judge Guido has ruled upon other issues in this matter insofar as he entered an order on March 15, 2010, issuing a rule to show cause on a Motion to Compel. 13. Samuel L. Andes, Esq, counsel of record for Plaintiff in this matter, concurs in this Petition. Petitioner requests that an Order be entered against Respondent in favor of Petit: APL, alimony and medical coverage. Respectfully submitted, LUTHER E. MILSPA , J , Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant Dated: Octok~er 19, 2010 VERIFICATION I, ichele Dibble, hereby verify that the statements made in the foregoing are true and correct tot e best of my knowledge, information, and belief. I understand that false statements herein are ade subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authoritill~ s. Miche ibble Dated: Oct ber ~, 2010 MARK P. vs. MICHELE ~ BBLE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 09-7912 CIVIL TERM [. DIBBLE, Defendant IN DIVORCE CERTIFICATE OF SERVICE I her by certify that I served a true and correct copy of the above Petition for Alimony Pendente Lit upon all counsel/parties of record by depositing the same in the United States Mail, first class, p stage prepaid, at Harrisburg, Pennsylvania, on the 19~' day of October 2010, addressed ag follows: Samuel L. Andes, Esquire 525 North 12~' Street P.O. Box 168 Lemoyne, PA 17043 sp tfully b fitted, UTHER E. IL P , Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant MARK P. DIBBLE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 09-7912 CIVIL TERM MICHELE M. DIBBLE, IN DIVORCE Defendant/Petitioner PACSES CASE: 893112038 ORDER OF COURT AND NOW, this 25th day of October, 2010, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby ordered that the parties and their respective counsel appear before David C. Hatch on November l5, 2010 at 2:00 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 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. Luther E. Milspaw, Esq. Date of Order: October 25.2010 ~°~ C ,ti, ~ ~~; ~~ ~ ~ BY THE COURT, ~ ~~ ~ ---a `~ ~ -~, r-- in,~ ~ ~ Try e~ c-s 'ts """'''~ ° ° ~ z ; ..~: ~ Edward E. Guido, Judge "`•- ~='- ---a ~° ti ~~~ ~~ ._ 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 MARK P. DIBBLE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ? NO. 09-7912 CIVIL TERM ' MICHELE M. DIBBLE, IN DIVORCE -" ' °- Defendant/Petitioner PACSES CASE: 893112038 t , ? cad _r6 ORDER OF COURT = W f n AND NOW, this 15th day of November, 2010, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 2,281.70 and the Respondent's monthly net income/earning capacity is $ 8,910.05, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Thousand Six Hundred Thirty-five and 00/100 Dollars ($ 1,635.00) per month payable monthly as follows: $ 1,487.00 per month for Alimony Pendente Lite and $ 148.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is October 15, 2010. Arrears set at $ 1,707.59 as of November 15, 2010. 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: Michele M. Dibble. 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 PACKS 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 each child and/or spouse. Unreimbursed medical expenses of the obligee or children 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 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: 0 % by Respondent and 100 % by Petitioner. [X] Respondent [] Petitioner [] Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner [X] Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, o£ 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other conditions: This Order is based upon an agreement of the parties incomes and/or earning capacity and that there is a child support order. The Respondent is given credit in the amount of $ 610.50 from a total of $ 1,151.58 for direct payments to the Petitioner. 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 Office of the Prothonotary for a hearing de novo before the Court. Mailed copies on: November 16, 2010 BY THE COURT Edward E. Guido, J. Petitioner Respondent Samuel L. Andes, Esq. Luther E. Milspaw, Jr., Esq. DRO: R.J. Shadday ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 326110990 Co./City/Dist. of CLMERLAND 572 S 2009 Date of Order/Notice 11/15/10 Case Number (See Addendum for case summary) EmployerM/ithholder's Federal EIN Number DFAS NAVY ACTIVE DUTY 09-7912 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice (DOne-Time Lump Sum/Notice RE: DIBBLE, MARK P. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL NOMMMMEW 126-60-4220 Employee/Obligor's Social Security Number 7141102155 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. $ 1,323.00 per month in current child support w $ 132.00 per month in past-due child support Arrears 12 weeks or greater? Oyga (to $ 0.00 per month in current medical support (A) $ o.00 per month in past-due medical support r=- $ 1,487.00 per month in current spousal support $ 148. oo per month in past-due spousal support $ o.00 per month for genetic test costs =p=' -n `"? $ o . oo per month in other (specify) - $ one-time lump sum payment '.w9 for a total of $ 3,090.00 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: $ 711.12 per weekly pay period. $ 1, 545.00 per semimonthly pay period (twice a month). $ 1,422.25 per biweekly pay period (every two weeks). $ 3, 090.00 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 NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVIN A HESS t? Form EN-428 Rev.1 D§R&i&1? IAqdday OMBNo.:0970.0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS Ifhecke?l you are required, to provide a?opy of this form to youremployee. If yrployee orks in a state thatkis 1 Brent rom the state that issued this or er, a copy must be prove ed to our employee even if tie 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 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. 3499900000 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:DIBBLE, MARK P. EMPLOYEE'S CASE IDENTIFIER: 7141102155 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 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 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 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN428 Rev.1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIBBLE, MARK P. PACSES Case Number 326110990 Plaintiff Name MICHELE M. DIBBLE Docket Attachment Amount 00572 S 2009 $ 1,455.00 Child(ren)'s Name(s): DOB PATRICK S. DIBBLE 04/16/95 AM::::19. `1?28BLB:. 05/J.0/9;8 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 PACSES Case Number 893112038 Plaintiff Name MICHELE M. DIBBLE Docket Attachment Amount 09-7912 CIVIL$ 1,635.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN428 Rev.1 Worker ID $IATT L Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 OF T FILED-OFFICE Attorne? DW116: PM 3: 0 6 CUMBERLAND COUNT`" PFNWQ'V1 1/A L11 A MARK P. DIBBLE, IN THE COURT OF CONT90N PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 09-7912 Civil Term IN DIVORCE MICHELE M. DIBBLE, Defendant PACSES Case No. 893112038 REQUEST FOR HEARING DE NOVO Defendant, MICHELE M. DIBBLE, requests a hearing de novo from the APL order dated November 15, 2010 in the above captioned proceeding. Respectfully submitted, (4 4 LUTHER E. MIL PAW, Jr. Attorney ID No. 9226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant Dated: December 1, 2010 MARK P. DIBBLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 09-7912 Civil Term IN DIVORCE MICHELE M. DIBBLE, Defendant PACSES Case No. 893112038 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Request for Hearing De Novo upon all counsel of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 1 st day of December 2010, addressed as follows: Samuel L. Andes, Esquire 525 North 121, Street P.O. Box 168 Lemoyne, PA 17043 LUTHERT. MIL AW, Jr. Attorney ID No. 1 226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARK P. DIBBLE, ) Docket Number 09-7912 CIVIL Plaintiff/Respondent ) ,-7 vs. ) PACSES Case Number 893112038 c Q `- _ rn l= ?M C3 rn- MICHELE M. DIBBLE, )Other State ID Number ?= -vm Defendant/Petitioner) -<> 'i C5 --4c) . p x ? ORDER OF COURT no' °rn You, Michele M. Dibble, of 5904 Stephens Xing, Mechanicsburg, Pennsylvania 17050-6867, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013 on the 13th of January, 2011, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: DIBBLE V. DIBBLE PACSES Case Number 893112038 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: t? Edward E. JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARK P. DIBBLE, ) Docket Number Plaintiff/Respondent ) vs. ) PACSES Case Number ) MICHELE M. DIBBLE, ) Other State ID Number Defendant/Petitioner) ORDER OF COURT 09-7912 CIVIL 893112038 -<> --00 -? s p You, Mark P. Dibble, of 5128 Meadowbrook Drive, Mechanicsburg, Pennsylvania, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013, on the 13th of January, 2011, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: DIBBLE V. DIBBLE PACSES Case Number 893112038 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: I'l,lo- (Q - Edward E. GTZ- JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND 326110990 Date of Order/Notice 12/06/10 572 S 2009 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DFAS NAVY ACTIVE DUTY RE: DIBBLE, MARK P. Sent Electronically DO NOT MAIL 09-7912 CIVIL OOriginal Order/Notice OAmended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 126-60-4220 Employee/Obligor's Social Security Number 7141102155 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. c"a $ 1,323.00 per month in current child support ` $ 0.00 per month in past-due child support Arrears 12 weeks or greater?s n $ o . oo per month in current medical support r`*'t rn, $ 0.00 per month in past-due medical support $ 1,487.00 per month in current spousal support 4 , $ 148.2o per month in past-due spousal support $ 0.00 per month for genetic test costs -'n $ o. oo per month in other (specify) tV <z5 rr, $ one-time lump sum payment --t ca for a total of $ 2,958.00 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: $ 680.75 per weekly pay period. $ 1, 479.00 per semimonthly pay period (twice a month). $ 1, 361.49 per biweekly pay period (every two weeks). $ 2, 958.00 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 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: KEVIN A HESS DRO: R. J. Shadday Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifhheckel you are required to provide agopy of this form to your m loyee. If your employee works in a state that is di Brent rom the state that issued this o er, a copy must be provic?edoto 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'slobligor'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. 3499900000 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED EMPLOYEE'S/OBLIGOR'S NAME: DIBBLE, MARK P. EMPLOYEE'S CASE IDENTIFIER: 7141102155 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 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 Service Type M OMB No.: 0970-0154 Form EN-428 Rev.1 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DIBBLE, MARK P. PACSES Case Number 326110990 Plaintiff Name MICHELE M. DIBBLE Docket Attachment Amount 00572 S 2009 $ 1,323.00 Child(ren)'s Name(s): DOB PATRICK DIBBLE 5. 04/16/95 ,_ .,, M. xIT'SBt 05/10798. 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 PAGES Case Number 893112038 Plaintiff Name MICHELE M. DIBBLE Docket Attachment Amount 09-7912 CIVIL$ 1,635.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-428 Rev.1 Worker I D $ IATT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Docket Number 09-7912 CIVIL MARK P. DIBBLE, Plaintiff/Respondent ) VS. ) PACSES Case Number 893112038 ? G -4 MICHELE M. DIBBLE, )Other State ID Number c? r=-n Defendant/Petitioner) rn u? o + C:) =o -a o-n RESCHEDULING ORDER OF COURT C) C) n D You, Michele M. Dibble, of 5904 Stephens Xing, Mechanicsburg, Pennsyldanitfi' - 17050-6867, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013 on the 21St of March, 2011, at 8:30 a.m. for a hearing. This hearing replaces the originally scheduled hearing of January 13, 2011. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: DIBBLE V. DIBBLE PACSES Case Number 893112038 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 12 -34-1 O eo??:2. Edward E. JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARK P. DIBBLE, ) Docket Number Plaintiff/Respondent ) VS. ) PACSES Case Number MICHELE M. DIBBLE, ) Other State ID Number Defendant/Petitioner) RESCHEDULING ORDER OF COURT 09-7912 CIVIL 893112038 O ° C-- - -+ ? o s-n o °? `cam -v O-ri -c You, Mark P. Dibble, of 5128 Meadowbrook Drive, Mechanicsburg, Pennsylvania, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013, on the 21St of March, 2011, at. 8:30 a.m., for a hearing. This hearing replaces the hearing originally scheduled for January 13, 2011. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: } DIBBLE V. DIBBLE PACSES Case Number 893112038 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT- Date of Order: 11-30- O 1 Edward E: uido JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARK P. DIBBLE, ) Docket Number 09-7912 CIVI8 ?; --i Plaintiff/Respondent ) -? - vs. ) PACSES Case Number 893112038 m,rn ;o i MF 0 X rV1 MICHELE M. DIBBLE, ) Other State ID Number r-? --acre Defendant/Petitioner) Cl ' RESCHEDULING ORDER OF COURT ' You, Michele M. Dibble, of 5904 Stephens Xing, Mechanicsburg, Pennsylvania 17050-6867, are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013 on the 6th of July, 2011, at 8:30 a.m. for a hearing. This hearing replaces the previously scheduled hearing of March 21, 2011. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: DIBBLE V. DIBBLE PACSES Case Number 893112038 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COU Date of Order: Edward E. Guido, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARK P. DIBBLE, ) Docket Number 09-7912 CIVIL Plaintiff/Respondent ) VS. ) PACSES Case Number 893112038 MICHELE M. DIBBLE, ) Other State ID Number Defendant/Petitioner) RESCHEDULING ORDER OF COURT C : rri - m -T:7 You, Mark P. Dibble, of 5128 Meadowbrook Drive, Mechanicsburg, -`n ; r- Z: <C ° D a Pennsylvania, are ordered to appear at the DOMESTIC RELATIONS hearing r*a Oct- $ ?.C: N Gam` r.. Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, 4 r,.. _,. o , Carlisle, Pennsylvania, 17013, on the 6th of July, 2011, at 8:30 a.m., for a hearing. This hearing replaces the hearing previously scheduled for March 21, 2011. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: DIBBLE V. DIBBLE PACSES Case Number 893112038 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 3 -30-kj Edwar JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 MICHELE M. DIBBLE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MARK P. DIBBLE, PACSES NO. 326110990 Defendant DOCKET NO. 572 SUPPORT 2009 MARK P. DIBBLE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION MICHELE M. DIBBLE, PACSES NO. 893112038 Defend ant/Petitioner DOCKET NO. 09-7912 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of August, 2011, this matter having been scheduled for a hearing de novo before the Support Master on the Mother's complaint for child support and petition for alimony pendente lite, and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master, it is ordered and decreed as follows: The Father shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Patrick S. Dibble, born April 16, 1995, and Anna M. Dibble, born May 10, 1998, the sum of $1,323.00 per month plus an additional sum of $132.00 per month on arrears, if any, until paid in full. 2. The Father shall provide health insurance coverage for the benefit of said children as is available to him through employment or other group coverage at a reasonable cost. 3. The Father shall be responsible for payment of the first $250.00 of unreimbursed medical expenses incurred for Anna annually and 80% of those expenses exceeding $250.00 annually, and the Mother shall be responsible for payment of the remaining 20% of said expenses. The Mother shall be responsible for the first $250.00 of unreimbursed medical expenses incurred for Patrick annually, and the Father shall be responsible for payment of 80% of said expenses exceeding $250.00 annually with the Mother responsible for payment of the remaining 20% of said expenses. 4. The Father shall be entitled to claim Anna as a dependency exemption for federal income tax purposes, and the Mother shall be entitled to claim Patrick; each party shall execute and deliver to the other in a timely manner any documentation required by the Internal Revenue Code to effectuate said exemptions. 5. Except as modified herein, the interim order of November 15, 2010 is affirmed as a final order. 6. The interim order of alimony pendente lite entered November 15, 2010, is affirmed as a final order. By the Court, Edward 15 ' Cc: Michele M. Dibble Mark P. Dibble Luther E. Milspaw, Esquire For the Mother p Samuel L. Andes, Esquire For the Father -- ' DRO/rjs 3> C-j MARK P. DIBBLE, VS. MICHELE M. DIBBLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 2009-7912 CIVIL TERM PRAECIPE TO TRANSMIT RECORD c d To the Prothonotary: = y =0 -um Transmit the record, together with the following information, to the court for entry of a diuA e < 0 decree: 2: r tG O .? ? z a 1. Ground for divorce: _ o a ? ?- Irretrievable breakdown under § (3301(c)) and a § (3301(dxl)) of the Divorce Code. (Strike out inapplicable section.) -.r o - 2. Date and manner of service of the complaint: 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 '30 J IO ; by defendant S 10 (b) (1) Date of execution of th affidavit required by § 3301(d) of the rvorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 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 plaintiffs Waiver of Notice was filed with the Prothonotary; !+ 0j , A)\o Date defendant's Waiver of Notice was filed with the Prothonotary; A- 1? er rney for P ai ' f/Defendant MARK P. DIBBLE, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELE M. DIBBLE, NO. 09-7912 CIVIL TERM DIVORCE DECREE CA" It'3?? ? AND NOW, , it is ordered and decreed that MARK P. DIBBLE, , plaintiff, and MICHELE M. DIBBLE, , 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.") NONE By t , Attest: J. Prothonotary c .? I./, # , err Y 4101 io" gv? P OF - ' i.._ E.! _ U C i v {. 1 ?',- ? R O T 1i 0.1i 0 11 N 12 AUG -3 PM 1: 19 CUMBEF; AND CQUIITY PENPd'S YLVA?iIA MARK P. DIBBLE, Plaintiff vs. MICHELE M. DIBBLE, Defendant IN THE COURT OF COMM( PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-7912 IN DIVORCE MOTION FOR ENTRY OF MILITARY QUALIFYING COURT ORDER AND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, moves the court to enter the attached Military Qualifying Court Order to implement a pot the Property Settlement Agreement reached by the parties in this matter. The proposed c has been approved and signed by both parties and their counsel and is ready for entry by i 30 July 2012 Samuel L. Xndes Attorney for Plaintiff Supreme Court ID # 17225 of CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel Defendant herein by regular mail, postage prepaid, addressed as follows: Luther Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108 Date: 30 July 2012 Amy the for Samuel L. Andes Mark P Dibble IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAN VS. IN DIVORCE Michele M. Dibble NO. Defendant NIILITARY QUALIFYING COURT ORDER. 1. This Military Qualifying Court Order ("Order") creates and recognizes the existence the Former Spouse's right to receive a portion of the benefits payable with respect to the Memt The Member and the Former Spouse intend that this Order qualify under the Uniformed Servi Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. 2. This Order is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. This Order relates to the provision of marital property rights to the Former Spouse. 4. This Order applies to the Military Retirement System ("Plan") and any successor thereto. Mark P. Dibble ("Member") is a Member in the Plan. Michele M. Dibble ("Former Spouse") is the Former Spouse for the purpose of this Order. 5. The Member's name, mailing address, Social Security number and date of birth are: Mark P. Dibble 5218 Meadowbrook Drive Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Former Spouse's name, mailing address, Social Security number and date of bi are: Michele M. Dibble 5904 Stephens Crossing Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 7. The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specif below and shall receive payments at the same time as the Member. Order Page 2 8. The Member's rights under the Servicemembers' Civil Relief Act were observed by Court as evidenced by the Member's affirmative signature on the Divorce Decree and/or Postnuptial Agreement. The jurisdiction requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subseq• order. 9. The Former Spouse is awarded a percentage of the Member's gross disposable milit retirement pay, to be computed by multiplying 46.37% times a marital share fraction (less than 1.0). The marital share fraction shall have a numerator of 201 months (the number of months o service, to the complete month, from the date of marriage, March 7, 1992, until the date of separation, December 31, 2008), and a denominator equal to the Member's months of creditable retirement service as of his date of retirement. The Former Spouse shall also receive 46.37% times the marital share fraction of any post-retirement cost-of-living adjustments made to the Member's benefits. The parties acknowledge that this Order will be amended to modify the aw percentage above in the event the Member does not retire on July 1, 2013. The parties further agree that the Former Spouse waives any claim to the Member's interest in the Thrift Savings Plan. 10. The monthly payments under Paragraph 9 shall commence to the Former Spouse as soon as administratively feasible following the commencement of Member's retirement benefits and shall continue until the earlier of the death of the Member or the Former Spouse; and to thi extent permitted under law, irrespective of the future marital status of either of them. The benefits payable to the Former Spouse shall terminate upon the death of either the Member or 1 Former Spouse. 11. The Participant and Former Spouse agree the Former Spouse will be named as a Former Spouse beneficiary under the Survivor Benefit Plan ("SBP"). The Former Spouse shall make the necessary elections and paperwork in a timely manner to effectuate the SBP coverage and the Participant will cooperate in the completion of any paperwork to the extent necessary. The base amount to which the 55% SBP annuity applies shall be the Participant's gross retirement pay multiplied by the marital share fraction defined in Paragraph 9 and further multiplied by 81.3%. The intent of this formula is to provide approximately level payments to t Former Spouse for her life, based upon the current SBP annuity and premium cost formulae. 7 Former Spouse recognizes that SBP payments to her may be suspended by law in the event she remarries prior to attainment of a specific age (currently age 55). The Member understands thg this election precludes from naming any other future spouse as a beneficiary under the Survivo: Benefit Plan. 12. The Member and the Former Spouse acknowledge that they were married for a of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married on March 7, 1992, separated on Dec 31, 2008, and were divorced on March 14, 2012. 13. The Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. Order Page 3 14. The Former Spouse agrees to notify DFAS about any changes in the Qualifying Court Order or the Order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 15. The Former Spouse shall be liable for any federal, state or local taxes associated with any payments made directly to her from DFAS. 16. The Member agrees to cooperate with the Former Spouse to prepare an application fa direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Navy may require to certify that the disposable military retired pay can be provided to the Former Spouse. 17. The Member agrees not to merge the Members disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Former Spouse's right to receive a portion of the disposable military retired pay of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has a vested interest and, therefore, the Member will not cause a limitation of the Former Spouse's monthly payments as a forth above. The Member agrees to indemnify the Former Spouse for any breach of this Paragraph 17 as follows: If the Member becomes employed or otherwise has his military pensio merged, which employment or other condition causes a merger of the Member's disposable military retired pay, the Member will pay to the Former Spouse directly the monthly amount provided in Paragraph 9 under the same terms and conditions as if those payments were made pursuant to the terms of this Order, until such time as this Qualifying Court Order may be amended to preserve the Former Spouse's intended award. 18. If, in any month, direct payment is not made to the Former Spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts called-for above directly to Former Spouse by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Former Spouse would have otherwi been entitled to commence her payments, until such time as this Qualifying Court Order may be amended to preserve the Former Spouse's intended award. In calculating the distribution of the retirement benefits, the parties will assume and provide no reduction in the husband's monthly benefit for any disability or Veteran's Administration distribution so that the coverture fraction will be applied to his military retired pay without such reduction. In the event DFAS withholds payment to the Former Spouse and does not transfer said payments to the Member or on Member's behalf, then the Member has no obligation to repay the Former Spouse for funds whic he did not receive. In the event WAS pays the Former Spouse any benefits due to the Member, the Former Spouse shall pay the Member for such overpayment by the fifth day of the month in which the military pay center made the improper payement. 19. If the Member takes any action that prevents, decreases, or limits the collection by tb Former Spouse of the sums to be paid hereunder, he shall make payments to the Former Spouse directly in the amount sufficient to neutralize, as to the Former Spouse, the effects of the action: taken by the Member. Order Page 4 20. The Member hereby waives any privacy or other rights as may be required for the Former Spouse to obtain information relating to the Member's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other information as may be required to enforce the award made herein, or required to revise this Order so as to mal it enforceable. 21. The Member shall be required to notify the Former Spouse, in writing, within thirty (30) days prior to Member's actual date of retirement. Such notice shall indicate his intentions retire and elect benefit commencement date. The notice shall be sent via regular first-class ma For this purpose, the Former Spouse shall notify the Member of any changes in her mailing address. 22. The parties acknowledge that the following items must be sent by the Former Spouse to DFAS-HGA/CL, Garnishment Operations, P.O. Box 998002, Cleveland, OH 44199-8002 and DFAS, U.S. Military Retirement Pay, P.O. Box 7130, London, KY 40742-7130. The Member agrees to provide any of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of this information that the Former Spouse is unable to obtain. a. A certified copy of the Divorce Decree. b. A certified copy of this Domestic Relations Order. C. A copy of the Marriage Certificate of Mr. and Mrs. Dibble. d. An executed copy of DD Form 2293. e. An executed copy of DD Form 2656-10. Order Page 5 23. The Court shall, retain jurisdiction to enter such further orders as are necessary to enforce the award to the Former Spouse of the military retirement benefits awarded herein. EXECUTED this day of , BY THE COURT Judge CONSENT TO ORDER: PlaintifflMember D to ;r7 ?z Att. ey for P aintif Da Attorney for -De Member Formes Spouse /0- /Y . INCOME WITHHOLDING FOR SUPPORT 7 Q ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT (IWO) C I I D -/'-I U AMENDED IWO 5-7 q ? ROD9 O ONE-TIMEORDERINOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO ?q -72, 1 1,138 Dq - -791 1 CI U i I Date: 68/02/12 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Chet One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender ( see IWO instructions http://www acf hhs gov/proarams/cse/newhire/empigyer/publication/publication htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. StaterTribefferritory Commonwealth of Pennsylvania Remittance Identifier (include w/payment): 7141102155 City/County/Dist.frribe CUMBERLAND Order Identifier: (See Addendum for orderldocket Imbrma/ton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) DFAS NAVY ACTIVE DUTY Sent Electronically DO NOT MAIL Employer/Income Withholder's FEIN 349990000 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: DIBBLE MARK P. Employee/Obligor's Name (Last, First, Middle) 126-60-4220 Employee/Obligor's Social Securi y Number (See Addendum for plaintiff na es associated with cases on attac ment) Custodial Party/Obligee's Name ast, First, Middle) NOTE: This IWO must be regular o its face. Under certain circumstances you m ust reject this IWO and return it to the sender (see IWO instructions v rm i I iblication.ht .If you receive this document from so eone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must a attached. 3499900000 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND n , Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts frRI tl{o p1byee/ obligor's income until further notice. ^' -1 $ 1,323.00 permonth in current child support reater? O k 12 A l'- O - wee s or g rrears $ 0.00 per month in past-due child support - Yr $ 0.00 permonth in current cash medical support ` W o $ 0.00 permonth in past-due cash medical support -o -• $ 1,487.00 per month in current spousal support $ 0.00 per month in past-due spousal support f? $ 0.00 permonth in other (must specify) n for a Total Amount to Withhold of $ 2,810.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Info rmation. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 646.68 per weekly pay period. $ 1,405.00 per semimonthly pay period (twic e a month) $ 1,293.37 per biweekly pay period (every two weeks) $ 2,810.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Comm )nweal of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs n 0 working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay da e. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 5% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at h ://www.acf.hh ov/ r ram / /n whir / m I er/ ntacts con a ma D. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.: 0970-0154 Form EN-428 /12 Service Type M Worker ID $IA ? Return to Sender [Completed by EmpioyerfIncome Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: AUGUST 2, 2012 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this I WO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYE ANICO WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an UMU*gd if an employer is ordered to withhold income from more than one employee and employs 15 or more p6reons, or If an employer has a history of two or more returned checks due to nonsufllcient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-SS80 for instructions. PA FIPS CODE 42 000 QA Make Remitter Payle 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 Emp/o ?C ilUgor's Case kilentiflFer) OR SOCIAL SECURITY NUMBER IN ORDER TO BE P SS&D. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the FederalEmployer Services website located at: h ett //www.mLhhs ggyip grams.cse/n2yhire/-employer contactslconf?ma htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one empioyee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial parry, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple iWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income fromthe employee/obligor's income as the IWO directs, you are liable for both the acCumulated-amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine, determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employeelobiigor because of this IWO. OMB Expiration Date - 0 5131 /20 1 4. The OMB Expiration Date has no bearing on the termination date of the IWO: it identifies the version of the form currently in use. Form EN-428 06/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: DFAS NAVY ACTIVE DUTY Employee/Obligor's Name: DIBBLE, MARK P. CSE Agency Case Identifier: (See Addendum for case summa rvl Order Identifier: Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer C Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal plac employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory ded as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal li the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not s another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permit) or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal em withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdic the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiu determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, Employer should calculate the CCPA limit using the lower percentage. Additional Information: dit Protection of ;tions such it is 50% of )porting 1 by the State dicated in oyers/income m in which 1673 (b)). in ?n the NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for y no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the se returning this form to the address listed in the Contact Information below: 34 Q This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: u or you are der by 99900000 Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (.717) 240-6248, by email or website at: www.childsupoort.state.Qa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, P.O. BOX 320. CARLISLE. PA. 17013 (Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childsupport.state.Qa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M Employer FEIN: 349990000 7141102155 OMB No.: 0970-0154 Page 3 of 3 Form EN-428 O P/12 Worker ID $IA AQQ Utz Summi" of Camw on AtUwhm*nt W dott/Ob4or: DIBBLE, MARK P. 326110990 MICHELE M. DIBBLE 00572S2009 2009 $ 1,32100 Chiid(ren)'s Name(s): DOB PATRICK S. DIBBLE 04/16/95 ANNA M. DIBBLE 05/10/98 PACSES Cass,Number 893112038 Plaintiff Name MICHELE M. DIBBLE Docket Attachment Amount 097912 CIVIL $ 1,487.00 Child(ren)'s Name(s): DOB PACSES Case Number PACSU (raw Number Plaintiff Name Plaintiff Name Docket Attachment AMQun Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name PACSES Qm Number Plaintiff Name pocket Attachment ount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachnt Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 06/12 Service Type M OMB No.: 0970-0154 Worker ID $IATT Mark P. Dibble IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. IN DIVORCE Michele M. Dibble NO. 09-7912 Civil Term Defendant MILITARY QUALIFYING COURT ORDER 1. This Military Qualifying Court Order ("Order") creates and recognizes the existence of the Former Spouse's right to receive a portion of the benefits payable with respect to the Member. The Member and the Former Spouse intend that this Order qualify under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. 2. This Order is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. This Order relates to the provision of marital property rights to the Former Spouse. 4. This Order applies to the Military Retirement System ("Plan") and any successor thereto. Mark P. Dibble ("Member") is a Member in the Plan. Michele M. Dibble ("Former Spouse") is the Former Spouse for the purpose of this Order. 5. The Member's name, mailing address, Social Security number and date of birth are: Mark P. Dibble 5218 Meadowbrook Drive Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Former Spouse's name, mailing address, Social Security number and date of birth are: Michele M. Dibble 5904 Stephens Crossing Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 7. The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Member. 1011P Order Page 2 8. The Member's rights under the Servicemembers' Civil Relief Act were observed by the Court as evidenced by the Member's affirmative signature on the Divorce Decree and/or Postnuptial Agreement. The jurisdiction requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 9. The Former Spouse is awarded a percentage of the Member's gross disposable military retirement pay, to be computed by multiplying 46.37% times a marital share fraction (less than 1.0). The marital share fraction shall have a numerator of 201 months (the number of months of service, to the complete month, from the date of marriage, March 7, 1992, until the date of separation, December 31, 2008), and a denominator equal to the Member's months of creditable retirement service as of his date of retirement. The Former Spouse shall also receive 46.37% times the marital share fraction of any post-retirement cost-of-living adjustments made to the Member's benefits. The parties acknowledge that this Order will be amended to modify the award percentage above in the event the Member does not retire on July 1, 2013. The parties further agree that the Former Spouse waives any claim to the Member's interest in the Thrift Savings Plan. 10. The monthly payments under Paragraph 9 shall commence to the Former Spouse as soon as administratively feasible following the commencement of Member's retirement benefits and shall continue until the earlier of the death of the Member or the Former Spouse; and to the extent permitted under law, irrespective of the future marital status of either of them. The benefits payable to the Former Spouse shall terminate upon the death of either the Member or the Former Spouse. 11. The Participant and Former Spouse agree the Former Spouse will be named as a Former Spouse beneficiary under the Survivor Benefit Plan ("SBP"). The Former Spouse shall make the necessary elections and paperwork in a timely manner to effectuate the SBP coverage, and the Participant will cooperate in the completion of any paperwork to the extent necessary. The base amount to which the 55% SBP annuity applies shall be the Participant's gross retirement pay multiplied by the marital share fraction defined in Paragraph 9 and further multiplied by 81.3%. The intent of this formula is to provide approximately level payments to the Former Spouse for her life, based upon the current SBP annuity and premium cost formulae. The Former Spouse recognizes that SBP payments to her may be suspended by law in the event she remarries prior to attainment of a specific age (currently age 55). The Member understands that this election precludes from naming any other future spouse as a beneficiary under the Survivor Benefit Plan. 12. The Member and the Former Spouse acknowledge that they were married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married on March 7, 1992, separated on December 31, 2008, and were divorced on March 14, 2012. 13. The Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. Order Page 3 14. The Former Spouse agrees to notify DFAS about any changes in the Qualifying Court Order or the Order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 15. The Former Spouse shall be liable for any federal, state or local taxes associated with any payments made directly to her from DFAS. 16. The Member agrees to cooperate with the Former Spouse to prepare an application for direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Navy may require to certify that the disposable military retired pay can be provided to the Former Spouse. 17. The Member agrees not to merge the Member's disposable military retired pay with any other pension and not to pursue any course of action that would defeat the Former Spouse's right to receive a portion of the disposable military retired pay of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has a vested interest and, therefore, the Member willnot cause a limitation of the Former Spouse's monthly payments as set forth above. The Member agrees to indemnify the Former Spouse for any breach of this Paragraph 17 as follows: If the Member becomes employed or otherwise has his military pension merged, which employment or other condition causes a merger of the Member's disposable military retired pay, the Member will pay to the Former Spouse directly the monthly amount provided in Paragraph 9 under the same terms and conditions as if those payments were made pursuant to the terms of this Order, until such time as this Qualifying Court Order may be amended to preserve the Former Spouse's intended award. 18. If, in any month, direct payment is not made to the Former Spouse by DFAS (or the appropriate military pay center) pursuant to the terms of this Order, Member shall pay the amounts called-for above directly to Former Spouse by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Former Spouse would have otherwise been entitled to commence her payments, until such time as this Qualifying Court Order may be amended to preserve the Former Spouse's intended award. In calculating the distribution of the retirement benefits, the parties will assume and provide no reduction in the husband's monthly benefit for any disability or Veteran's Administration distribution so that the coverture fraction will be applied to his military retired pay without such reduction. In the event DFAS withholds payment to the Former Spouse and does not transfer said payments to the Member or on Member's behalf, then the Member has no obligation to repay the Former Spouse for funds which he did not receive. In the event DFAS pays the Former Spouse any benefits due to the Member, the Former Spouse shall pay the Member for such overpayment by the fifth day of the month in which the military pay center made the improper payement. 19. If the Member takes any action that prevents, decreases, or limits the collection by the Former Spouse of the sums to be paid hereunder, he shall make payments to the Former Spouse directly in the amount sufficient to neutralize, as to the Former Spouse, the effects of the actions taken by the Member. Order Page 4 20. The Member hereby waives any privacy or other rights as may be required for the Former Spouse to obtain information relating to the Member's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 21. The Member shall be required to notify the Former Spouse, in writing, within thirty (30) days prior to Member's actual date of retirement. Such notice shall indicate his intentions to retire and elect benefit commencement date. The notice shall be sent via regular first-class mail. For this purpose, the Former Spouse shall notify the Member of any changes in her mailing address. 22. The parties acknowledge that the following items must be sent by the Former Spouse to DFAS-HGA/CL, Garnishment Operations, P.O. Box 998002, Cleveland, OH 44199-8002 and DFAS, U.S. Military Retirement Pay, P.O. Box 7130, London, TAY 40742-7130. The Member agrees to provide any of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of this information that the Former Spouse is unable to obtain. a. A certified copy of the Divorce Decree. b. A certified copy of this Domestic Relations Order. C. A copy of the Marriage Certificate of Mr. and Mrs. Dibble. d. An executed copy of DD Form 2293. An executed copy of DD Form 2656-10. Order Page 5 23. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Former Spouse of the military retirement benefits awarded herein. EXECUTED this p day of , ?/ ? BY OURT Judge CONSENT TO ORDER: Plaintiff/Member D to C-S;I?kk C)cu? 0-1--? 34 1 27 ?z ?? Atto ey for P aintiff/ Dat Member pvey"- 1 P4411,. f/lbJ, 4,( I1efendant/FormerlSpouse ate ? Attorney for efen Former Spouse lqll ...? 'f 1 T" '..1. u., .. C= C!1 ` MARK 'P. DIBBLE, PLAINTIFF VS. MICHELE M. DIBBLE, DEFENDANT ORIITWWAt Y • t AW « NM 21. 13 202 AUG 23 PM 2% 13 Avg T i'Y #Y low, & IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7912 PRAECIPE TO THE PROTHONOTARY: Please file the attached certified mail documents to the above term and number. 01Q -(?C?- .0 Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 S ¦ Complete, Items 1, 2, and 3. Also complete item 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 mailpiece, o the front if space permits. e Addressed to: US.(1??I?arYkefire mrrrl-?' DA ()At '712n A. Signature x AUG 16 201 ? r ssee B. Received by (Printed Name) C. Date of Delivery D. Is delivery ac VWW%m item 1? ? Yes If YES, enter delivery address below: ? No • • 3. ice Type iegis %Certlfisd Mall ? Express Mail istr ?ed ? Return Receipt for Merchandise 1 ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7009 2250 0001 2036 2504 (Transfer from service label) - _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete Items 1, 2, and 3. Also complete A. St turs em 4 if Restricted Delivery Is desired. X kept ¦ rint your name and address on the reverse ressee It - j that we can return the card to you. ¦ B. by ( Name) C. Date of Delivery ttach this card to the back of the mailpiece, r on the front if space permits. 1. ;Article Addressed to: D. Is M Y , sox delivery address bel ?• • 'BOrC ?°I?Ob ?, AUG 15 2012 C ve;?c?? Ott `?- %rC=. r.dMali Mail stered ? Return Receipt for Merchandise ? insured mail ? C.O.D. gwa 4. Restricted DaOvery? g:k&a roe) ? Yes 2:, Mlde Number +7DD9 2250 DQOZ 2036 2498 (rhansW from seMce h"Q ------- P$ Form Ut O 1, February 2004 Domestic Return Receipt 102595-02-M-1640 INCOME WITHHOLDING FOR SUPPORT , L)C) L) 0 ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT(IWO) 3 (D AMENDEDIWO 0 ONE-TIMEORER/NOTICE FOR LUMP SUM PAYMENT U01) og 0 TERMINATION OF IWO Date: 03/20113 ❑ Child Support Enforcement(CSE)Agency I@ Court ❑ Attorney 171 Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face.Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions hM:/twww.acf.hhs.ggylpr.Qgrams/caoinew-hireLemplgywDublicaligoublication,htm-forms}.If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. Staterrriberrenitory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 7141102155 City/County/Dist.frribe CUMBERLAND Order Identifier: (See Addendum for orderldocket information) Private Individual/Entity CSE Agency Case Identifier: (See Addondum for case summary) RE: DIBBLE, MARK P. DFAS NAVY ACTIVE DUTY Employee/Obligor's Name(Last,First,Middle) 126-60-4220 Sent Electronically Employee/Obligor's Social Security Number D (See Addendum for plaintiff names F assoclabd with cases on attachment) O NOT MAIL Custodial Party/Obligee's Name(Last,First, Middle) Employer/income Withholder's FEIN 349990000 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions =MWwwaci, irei emotoved"icati►rdipublicationlim if you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached 3499900000 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts frogthe empto yee/ 11.3 obligor's income until further notice. C= C=D, $ 687.00 per month in Current child support -v= zg�D$ 0.00 Der month in past-due child support-Arrears 12 weeks or greater? y 11% rn $ 0.00 Per month in current cash medical support <> CD $ 0.00 per month in past-due cash medical support - C� $ 1,487.00 per month in current spousal support > $ 0.00 Per month in past-due spousal support X $ 0.00 per month in other(must specify) C: C3 r for a Total Amount to Withhold of$ 2,174.00. per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle,withhold one of the following amount: $ 500.32 per weekly pay period. $ 1,087.00 per semimonthly pay period(twice a month) $ 1,000.64 per biweekly pay period(every two weeks) $ 2,174.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order, REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten(10) working days after the date of this Order/Notice. Send payment within seven(7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor,withhold up to 55y,of disposable income for all orders. If the employee/obligors principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at hftg:Hw-ww.acf,hhs.gay/pmgrams/`cselnewhire/"­er6ployer/contacts/­c- ontacl,-maw htm for the employee/obligor's principal place of employment. Document Tracking identifier 0108 No.:0970-0154 Form EN-428 06/12 Service Type M Worker ID$IATT ❑ Return to$qq � "). Payment mint be directed to an SOU in accordance with 42-t # b �Via, `tcr directed to an SDU/TdW Pa or this IWO is not ). If: n#ss r at yee regular on itsfat�e, Ycau rrtelst ci�k this tavx and°t `ft` to the sender. Signature of J issuft OftW(i€required i or Tribal law): KE' . & W Print Name of'Judgell#rsuing t el: Title of Judgetissuing iel: Date of Signature: If the employetielpbi gpr in e , , pt for a Tribed tt it iS d t from the State or Tribe-that i GIs on*i a CPO,ofth,44WO must be provided to the+erriplolJii9or. ❑ If checked,the employetrli ome wMholder must provide a copy of this form to the employee/obligor. i' *AkL:Wit, Ai lam ., OOW Penruilyiv�iaw PA�.�.�"i ?fib}}ra rani by , � to vrit iRdMtr e tt et MON* i td of ; two or,,tare r�r�d E�_ $1101,0040 Diebursrmrt Una(p4�U + etet , t dr MaW ftt"W` , PA ,fib . Sent!check to: P*n# Ur P.0. a �� , i 1 ,gs 1741 " . JIM A State-spaec:i c. act and withihoOng in1brma§,9q,cqnbo fo and on the Feder# rrrp Byer ServjOQ$,webM&legted at Priority:Withholding for support has pr4prity,over vWp fir. Mw ago fijWb,X7)). Me Corr y► Pey • When romit tg peym tts to an S�or T may more I- a gitlr"s di in a Y r1 4f obligor's portion ofe payment. Petymers Tp iWc You must send child support payments by irtarrt+dtesng papa or.to a Tribal i�SE ate, �tWt}��vy 1 wit try z i Pay,court,dratton ,y3,you must check the bask by a Court, .or Private tndiw rte+�� i , i 4` issued by a Tribal��egency,You must,follow ' ter+it'" �. R*por ft than Ptty : You must report the pay date when s", �t 'F wd the e� r�.ltte amount was rrthhet m the ernplre/ebr's was. ' ; tom if applicable)of the erWoyeelobbligoes prine i place' V the withholding and forward the support payments. M ; If mere is more than �; errs, le titip f� rtor�c 1W4�: to Federal, ate, or Tribal w ho i , ,� *� � supprtrt ta+afprq pel any err fi place of eniptoymai 9t to distetwrtine Lump Sum Peytirs:You may be raqwed 190°m & or Td. of . n )�Awn p� .: t ;this employee/obiigor such as bonuses,commissions, or`severance pey. tip td Ee 'to report"or w#hftW lump sum payments. Liability:If you have any doubts about the of ft:�, . �� .if yam,fk .. employetet -s ineorhe as the tali" any penalties set-by State or ArrN414mchninetion: You ears subject to a fiber . . r da .sh " fro�ir employment,ruing to employ,or taking di �g OMB Expiration Data-05131/2014.The OMB Expiration Date has no hearing on the termination data of the IWO;it identifies this version of the form curneritty in use. Form EN-420X12 Service Type M Page 2 of 3 Worker ID$IATT Employer's Name: DFAS NAVY ACTIVE DUTY Employer FEIN: 349980000 Employee/Obligor's Name: DIBBLE MARK P. 7141102155 CSE Agency Case Identifier:(See Addendum for case sumrrtarv} Order Identifier.(See Addendum for orderldocket fnformat on) 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.G. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION).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,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe.For Tribal employers/income withholders who receive a State WO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: if this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact information below: 34999MOO Q This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions,contact WAGE ATTACHMENT UNIT(issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa„ts. Send termination/income status notice and other correspondence to:DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320. CA13 ISLE. PA. 17013(Issuer address). To ErnRloyee/Obligor: If the employee/obligor has questions,contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-625, by fax at(717)240-6248,by email or website at www.childsugRort.statee,pa.us. IMPORTANT:The person completing this form Is advised that the information may be shared with the employee/obligor. OMB No.:0970-0153 Form EN-428 06/12 Service Type M Page 3 of 3 Worker ID$iATT :. .. P. 329# ## � AUMM Rl162t 00672 t4009 $ 0%,4ft,0AL Ch"ren)'s Namo,(,$): DOS Child(ren) Narne(s): DOB PA�I l MA PACcSE a Case a!N t Nwolwl Chiid(ren)'s Name(s): DOB Child(renys s): D€3B PACSES C Plaintiff Name 8t Aft" tit $ 0.00 $ Child(ren)'s Name(s): DOB Children)'s Name(s): DOB FormEN-420:06J12 Service Type M 0MON,.: 07"1sa i f .w! - INCOME WITHHOLDING FOR SUPPORT {} Q ORIGINAL INCOME WITHHOLDING ORDERMOTiCE FOR SUPPORT(IWO) 3 [ qq() ?S Q AMENDED IWO p / �� / ` �1 i Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT 5-7,� A X1,19' V 9 " -79 1 � 0—i VJ 1 Q TERMINATION OF iWO Date: 06/28/13 ❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http://www,acf.hhs.ciov/proaram$cse/newhire/employer//publication/publication.htm-forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. StatelTriberrerritory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 7141102155 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: DIBBLE, MARK P. DFAS NAVY ACTIVE DUTY Employee/Obligor's Name(Last, First,Middle) ,,��_•..................�. .,_. ,.__•�...••.�_.. ,,...�.•.,..._._�_. ,.�_.µ...,...� ..,_�..,� 126-60-4220 Sent Electronically Employee/Obligor's Social Security Number T (See Addendum for plaintiff names NOT tJ MAIL associated with cases on attachment) # Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholder's FEIN 349990000 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Chiid(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/newh ire/ empl over/publication/poblication.htm-form .if you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 3499900000 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. ; r x $ 0.00 permonth in current child support $ 0.00 per month in past-due child support-Arrears 12 weeks or greater? p yew: r $ 0.00 per month in current cash medical support t $ 0.00 per month in past-due cash medical support $ 0.00 permonth in current spousal support , $ 0.00 per month in past-due spousal support $ 0.00 per month in other(must specify) :�n CD for a Total Amount to Withhold of$ 0,00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 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. $ Lump Sum Payment: Do not stop any existing iWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 10 working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. if you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55%of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http•//www acf hhs gov/programs/cse/newhire/emplloyer/contacts/contact map htm for the employee/obligor's principal place of employment. Document Tracking Identifier Ors$No.:0970-0154 Form EN-428 06/12 Service Type M Worker ID $IATT � Return to Sender[Completed by Em Withholder]. Payment must be directed toanSDUin � ^ accordance with 42USC8GGQbX5)and (b)(S}or Tribal Payee(see Payments to8DUbelow). �poymnentkynot directed toon8OU/Trba} Payee or this |VVOim not regular on its face, you nnustcheck this ' and return the |VVObn the sender. Signature of Judge/issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: JUNE 28,2013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, o copy uf this|VVO must be provided bo the emp|oyee/ub|igor. [� If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR E88PLOYERWINCOK8EVV|THHOLDERS Pennsylvania law(23 PA C.S.§4374(b))requires remittance bymn electronic payment method ffmn employer isordered tw withhold income from more than one employee and employs 15 or more persons,or ifam employer has a history of two mr more returned checks due tswommmfNciemgfunds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDW)Employer Customer Service mt 1-877-676-9580 for instructions. PA F{PSCO0E 4200000 Make Remmiftance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 /N ADDITION, PA YVENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER/D(shown above as the 2mployee*Ob0gm 's CaseIdentirter) OR SOCIAL SECURITY NUMBER 0V ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: Priority:Withholding for support has priority over any other legal process under State law against the same income(USC 42 §GG8(b)(7)). /fo Federal tax levy ioin effect, please notify the sender, Combining Payments: When remitting payments 800nSDUorThba| CSEayenoy.youmaycombinewithhm|damountohom more than one employee/obligor's income in a single payment,You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. |f this |VVO instructs you 8z send a payment 0oan entity other than anSDU(e.g.. payable 0o the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date io the date on which the amount was withheld from the amp|oyee/ob|igo/m wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority touumsnt support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment hu determine the appropriate allocation method. Lump Sum Payments: You may be required to notify o State or Tribal CSE agency of upcoming lump sum payments tothis employee/obligor such as bonuses, commissions, or severance pay. Contact the sender 0o determine|f you are required bo report and/or withhold lump sum payments. Liability: |f you have any doubts about the validity of this |VVO. contact the sender. U you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State nr Tribal |aw/procedure. Anti-d iscrimi nation: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO, OMB Expiration Date-05/31/2014.The DIVE;Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currw./v/nuse, Form EN-42808/12 Service Type yN Page 2of3 Worker|D $|AT7' . ^ Employees Name: DFAS NAVY ACTIVE DUTY Employer FEIN: Name: DIBBLE, MARK P, 7141102155 CSE Agency Case Identifier: Order Identifier:(See Addendum for Qrderldocket information 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/obligor's principal place of employment(see REMITTANCE INFORMATION). 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 io supporting another family and 8O9&of the disposable income if the obligor ia not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe, you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction inwhich the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3499900000 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/income Withholder: |f you have any questions, contact WAGE ATTACHMENT UNIT(issuer name) by phone at . by fax at by email orwebaiVeat: Send term ino8on/innome status notice and other correspondence to:DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE, PA. 17013(issuer address). To Employee/Obligor: If the employee/obligor has questions,contact WAGE ATTACHMENT UNIT(issuer name) by phone et . by fax at . by email orwebsitaet . IMPORTANT:The person completing this form is advised that the information may he shared with\heemp|uyembbUgoc OMB wv.:oem-015w Form EN-428 06/12 Service Type yW PoQa 3 of Worker !O $/ATT ADDENDUM Summa!y of Cases on Attachment Defendant/Obligor: DIBBLE, MARK P. 326110900 PACSES Case Numbe 893112038 Plaintiff Name Plaintiff Name MICHELE k4. DIBBLE MICHELE K8. DIBBLE Dock Attachment Amount Docke Attachment Amoun 00572 S2009 $ 0.00 09-7912 CIVIL $ 0.00 Ohi/d(ron)'eName(n): DOB ChiN(nen)'nName(a): DOB PATRICK S.DIBBLE 04/16/95 Plaintiff Nam Plaintiff Name Docke Aftachment Amoun Dogke Chi|d(n*n)'oName(a): DOB ChiN(van)'eNamo(a): DOB Plaintiff Nam Plaintiff Name Docke Aftachment Amoun Docke Attachment Amount ChUd(mon)'oNam*(o): DOB 8hi|d(pen)'aNama(s): DDB Addendum Form EN-428OG/12 Service Type K8 OMB wo'unm-0154 Worker ID $/ATT