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Home My WebLink About04-2704 SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2004- J 10 t.fcIVIL TERM IN DIVORCE ERIC J. MANDERBACH, Defendant 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 Court House 1 Courthouse Square Carlisle, Pennsylvania 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 I SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2004- CIVIL TERM ERIC J. MANDERBACH, Defendant 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. 2 II vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHANNON L. MANDERBACH, Plaintiff CIVIL ACTION - LAW NO. 2004- ~'7()/ CIVIL TERM ERIC J. MANDERBACH, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, SHANNON L. MANDERBACH, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is SHANNON L. MANDERBACH, an adult individual who currently resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania. 2. The Defendant is ERIC J. MANDERBACH, an adult individual. Plaintiff does not know his current living arrangements, but he was a resident of Cumberland County until the :>arties separated in May of 2003. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on 13 August 1994 in York, :>ennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 3 1/ 6. Plaintiff avers that, in violation of his marriage vows, the Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and her life burdensome. 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. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing the Plaintiff and Defendant absolutely. Sam I L. Ande Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 4 II I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: II -;4-c1 n' 4?1 () I ~\.Cuv.... J / vi Jrv0cc SHANNON L. MANDERBACH [; ~~\~ <.fl:c J-.J ut - ~~ ~ __I .....r')\ c tl 'l"~ ~ cJ ~ ~(..I: '-^ c ~'"2 ~ "'" l~ l.:.;,.:J .r- l""_ L:: o -r, '-\ f~;~J --,:-;1 :by ( ~ ~~:;l; 0, :'.} .~~ :;,:; \ .~ (" .. :.;~ -.'." CJ c..,,) .~< I SHANNON L. MANDERBACH. PLAINTIFF IN THE COURT OF COMMON PLEAS Of: CUMBERLAND COUNTY, PENNSYLVANIA vs CIVIL ACTION -LAW NO 2004-2704 CIVIL TERM ERIC J MANDERBACH, DEFENDANT IN DIVORCE ACCEI'Tf,NCE OF SERY-I.CE I hereby enter my appearance for the Defendant, Eric J Manderbach, in the above matter and accept service of a copy of the Divorce Complaint on his behalf Date ~ h J onn 11y. Jr, ttor, 1 for efendant ~ Supreme urt 10 # 17225 PO Eiox 650 Hersrley, PA 17033 ~:? "" C) c:..> C::J " ....- (- ..... , ~~: fT: I ~! r-.., (~ ~r . 0, T - (~ , , '-, [,-"J C) -. (_0 " SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2004-2704 CIVIL TERM ERIC J. MANDERBACH, 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 Court House 1 Courthouse Square Carlisle, Pennsylvania 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3'166 ,I II SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2004-2704 CIVIL TERM ERIC J. MANDERBACH, Defendant 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. 2 II SHANNON L. MANDERBACH, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERIC J. MANDERBACH, Defendant NO. 2004-2704 CIVIL TERM IN DIVORCE AMENDED COMPLAINT IN DIYORCE AND NOW comes the above-named Plaintiff. SHANNON L. MANDERBACH, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is SHANNON L. MANDER BACH, an adult individual who currently resides at 920 Magnolia Drive, Enola, Cumberland County, Pennsylvania. 2. The Defendant is ERIC J. MANDERBACH, an adult individual who resides at 2208 Warren Way in Mechanicsburg, Cumberland County, Pennsylvania. The parties in this case separated in May of 2004, not May of 2003, as erroneously stated in the original complaint. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 13 August 1994 in York, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 3 II , I 6. Plaintiff avers that. in violation of his marriage vows, the Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and her life burdensome. 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. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing the Plaintiff and Defendant absolutely. Sa uel L. Ande Attorney for Plaintiff Supreme Court 10 1 :7225 525 North 12th Street Lemoyne, PA 1704:l I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). 7-)3 -Q~ ~:f)v~~c SHANNON L. MANDERBACH DATE: 4 C' ( (:: '2:::: ---I -< ... '" = = ..,.. ".. ('- (,~ I N J> :Jl: S? (n o "T1 --; ::c n1p ;3 e:l ''J r ~..~C) ~:B ~,Jc :-':-rA ,) -,-1 ;1;' ..A1 ,< Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant : NO. 2004-2704 PRAECIPE TO WITHDRAW APl)EARANCE Please withdraw my appearance on behalf of ERIC 1. MANDERBACH in the above- captioned matter. Dated <if - / Lp , 2004 elly LLP PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of ERIC 1. MANDERBACH in the above-captioned matter. ,2004 Barliara S - ullivan, Esquire r 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Dated: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. CIVIL ACTION - DIVORCE ERIC J. MANDERBACH, Defendant NO. 2004-2704 CERTIFICATE OF SERVIQ; I, Barbara Sumple-Sullivan, Esquire, do hereby certi~f that on this date, I served a true and correct copy of the foregoing Praecipe to Withdraw AI~pearance and Praecipe to Enter Appearance, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: John Connelly, Jr., Esquire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Samuel L. Andes, Esquire 525 North Twelfth Street Lernoyne, P A 17043 DATED: AUguS~ 2004 ~ swnple-S,n;"" E'''''' Attorney for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 o S ":;,~ "U t~ ''::::;1 :'; ~-- ,..'''' efj -r'" < ~:C <.".(.....) ~"C ~ -< ...., = = ...- ;po c: "', <eo) CJ "'" :::z: ~ --1 T f"i~ -ol!l 1:36 ::2:[1 90 2m 9. ~ ~ - .. .:;:-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYl.VANL-I. SHANNON L. MANDERBACH Plaintiff vs. ERIC J. MANnF.RFlArn NO, 2004-2704 }jgc Eric J. Manderbach a master with respect to the (X) Divorce ( ) Annulment (X) Ali:mDny (X) AliJnony Pendente MOTION FOR APPOINI:l1:ENT OF MASTER (~ (Defendant), moves the court to a?point follo.r-ng claims: Lite ( X) ( X) ( X) ( X) Distribution or Property Support Counsel Fees Costs and Expenses and in suppor~ or the moCion states: (1) Discovery is complete as to the claims(s) for which the /appoinonen:c of a mast.er is requested.. (2) The defendant (has) ~ appeared in (by his atto=ey, Samuel L. Andes (3) The staturory ground(s) for divorce (is) 330llcl. "Ollill (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement: has been reached ...ith respect co the the action ~) , Esqui:::-e) . (are) 33011a)(61 follow""i.ng c.la.i1ns: None (c) The action is contes~ed with =espect :0 the following clail!ls : Divorce, Distribution of Prooertv. SuPPOrt. Aliroonv. APL. Sunoort. ('n,mse] Fees, Costs and Expenses'S) The action ~ (does not involve) complex issues or la... or fact. (6) The hearing is expected to take (7) Additional info'C'tI1at:ion, if any, ~) (days). the motion: None Date: () AND NOw is appointed :n.a.ster with Attorney for ~ /, . (Derendant) ORDER APPOINTING ~l'l.STER BarbaraSurnple-Sullivan, Esquire ,19 , Esquire, respect to t~e follo~~g c.laims: By the Court:: J Dl THE COURT OF COMMON PLEAS OF C1JMBElU.AND COUNTY, PENNSYLVANL-l. SHANNON L. MANDERBACH Plaintiff vs. ERIC J. MANDF.RRArn NO. 2004-2704 1Q{ Eric J. Manderffich a master with respect to the (X) Divorce ( ) Annullllen t (X) AJ.imony (X) AJ.imony Pendente MOTION FOR APPODrn1ENT OF !i.A,3TER (~ (Defendant), moves the court to appoint folloori-ng claims: Lite ( X) ( X) ( X) ( X) Distribution of P~operty Support. Counsel Fees Costs and Expenses and in support of the moti.on states: (1) Discovery is complete as to the claims(s) for which the ':appointment of a. master is requested. (2) The defendant (has) ~ appeared in (by his act:o=ey, Samuel L. Andes (3) The staturory ground(s) for divorce (is) 3301(c).3301Idl (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) ..~ agreement has been reached with respect to the. the action ~) ,Esquire) . (are) 3301la)(61 follow-ing claims: None (c) The act~on is contested ~th =aspeet :0 ~he following claims: Divorce, Distribution of Prooertv. suPPOrt. Al:iIronv. APL. SllQpOrt. Counsel Fees, Costs and Expenses'S) The action ~ (does not involve) complex issues of law or fact:. (6) The hearing is er;>ected to take (7) Additional infonla:tion, if any, ~) (days). motion: None Date: o AND NOW' JYlr~ :J. is appointed :naste.~with Attornev for ~ i, - (Defe-'1dant) ORDER, APPOI;."ITIN~ ~Bar~as;pmple-SUllivan, Esquire ,-J<9;J(}(.(." (. t~ :Jt Esquire, res;>ect to the folloori-ng claims: (J.4 ~d!. "~~1~ J '3 ~p ~ '<1~ :%: '0:~ "y ......< o...?-: ' , ':?-, , I;/. r1?L , G Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - DIVORCE ERIC I MANDERBACH, Defendant NO. 2004-2704 ANSWER AND COUNTERCLAIM TO AMENDED DIVORCE COMPLAINT AND NOW, this & day of April, 2006, comes Defendant, Eric I Manderbach, by and through his attorney, Barbara Sumple-Sullivan, Esquire, and files this Answer and Counterclaim. In support thereof, it is averred as follows: I. Admitted 2. Admitted with the clarification that Defendant relocated since the filing ofPlaintitl's Amended Divorce Complaint. Defendant presently resides at 811 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Admitted. 4. Admitted. 5. Admitted. , 6 Denied. Defendant denies that he has offered such indignities to Plaintiff to render her condition intolerable and her life burdensome in violation of the marriage vows. 7. Denied. After reasonable investigation, Defendant is without knowledge to form a belief as to the truth of the averment and same is therefore denied. COUNTERCLAIM OF DEFENDANT TO PLAINTIFF'S AMENDED COMPLAINT IN DIVORCE COUNT I DIVORCE - NO FAULT 8. The averments in paragraphs I through 7 of Defendant's Answer and Counterclaim are incorporated herein by reference thereto, 9. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with Dated ,;j&() ,2006 g330l (c) or (d) of the Pennsylvania Divorce Code. / {' Barbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 2 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant : NO. 2004-2704 VERIFICA nON I, ERIC J. MANDERBACH, hereby certify that the facts set forth in the foregoing ANSWER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities, - Dated if 1/2;/61. , 2006 AND ERBACH 3 . Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 77 4-1445 SHANNON L. MANDERBACH, Plaintiff v, ERIC I MANDERBACH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE : NO, 2004-2704 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing Answer and Counterclaim, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED -!f1iL,2oo6 Samuel L. Andes, Esquire 525 N. Twelfth Street Lemoyne, PA 17043 / // i-Barbara Sump Ie-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No / 4 F;~ , C).D> 1//(:<:, 01 ~ If. ot7 rotl,onO-L .4pl' ,/ 'Q')r I 07'b, ~ ... Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v, CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant NO. 2004-2704 ANSWER AND COUNTERCLAIM TO AMENDED DIVORCE COMPLAINT AND NOW, this ~ day of April, 2006, comes Defendant, Eric 1. Manderbach, by and through his attorney, Barbara Sumple-Sullivan, Esquire, and files this Answer and Counterclaim. In support thereof, it is averred as follows: 1. Admitted 2. Admitted with the clarification that Defendant relocated since the filing of Plaintiff' s Amended Divorce Complaint. Defendant presently resides at 811 Highland Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Admitted. 4. Admitted. 5, Admitted. 6, Denied. Defendant denies that he has offered such indignities to Plaintiff to render her condition intolerable and her life burdensome in violation of the marriage vows. 7. Denied. After reasonable investigation, Defendant is without knowledge to form a belief as to the truth of the averment and same is therefore denied, COUNTERCLAIM OF DEFENDANT TO PLAINTIFF'S AMENDED COMPLAINT IN DIVORCE COUNT I DIVORCE - NO FAULT 8. The averments in paragraphs I through 7 of Defendant's Answer and Counterclaim are incorporated herein by reference thereto. 9. The marriage is irretrievably broken and no possibility of reconciliation exists, WHEREFORE, Plaintiff requests entry ofa divorce decree in his favor in accordance with Dated I~() ,2006 /" /~ / ~arbara Sumple-Sullivan, Esquire { ~ttomey for Defendant 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID, No. 32317 S330 I ( c) or (d) of the Pennsylvania Divorce Code. 2 Barbara Sumple-Sullivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSn V ANlA v. CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant NO. 2004-2704 VERIFICA nON I, ERIC J. MANDERBACH, hereby certifY that the facts set forth in the foregoing ANSWER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa, C.S.A. Section 4904 relating to unsworn falsification to authorities. ~ Dated: if/; 2.1ot. , 2006 - NDERBACH 3 ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - DIVORCE ERIC J MANDERBACH, Defendant NO. 2004-2704 CERTIFICA TE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing Answer and Counterclaim, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 N Twelfth Street Lemoyne, P A 17043 arbara Sumple-Sullivan, Esquire Attorney for Defendant 549 Bridge Street New Cumberland, P A 17070-193 I (717) 774-1445 Supreme Court LD, No DATm -,f/lfL 2006 4 :1 .--\. " (~' ..-' Barbar. Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - DIVORCE ERIC J. MANDERBACH, Defendant : NO. 2004-2704 NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within TWENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DNORCE CODE 1. The parties to this action separated on May 4, 2004, and have continued to live separate and apart for a period of at least two (2) years. 2, The marriage is irretrievably broken. 3, I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses in do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: May 4,2006 NDERBACH . SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant : NO. 2004-2704 COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both): _ (1) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2, Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. In fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: SHANNON L. MANDERBACH NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. g ~ ~T ~S;; ;:0" t~ ~ ~ =-: ~ , (1\ ~:!J -olii ~~ ~ %~ - ~ .- .,., &" :5! ..... SHANNQN L. MANDERBACH, Plaintiff IN THE COURT OF COM:MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant NO. 2004-2704 COUNTER-AFFIDAVIT UNDER SECTION 330Ud) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. ~ (b) I oppose the entry of a divorce decree because tht.. ..uc&n(}f) ~ ~ ~ ruot o.u.n ~u..t.d. (Check (I) (ii) or both): _ (I) The parties to this action have not lived separate and apart for a period of at least two years, _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. ~(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If! fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims, I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities. ( ~~v~ SHANNON L. NDERBACH Dated: 5 -;/-J6 NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. ~ o S <:-: -OfT SJ!:;' c:.:..- _.,J_ ._~? ".., "-'-. . V) :-< !;:i y' tb? 2::: :< ~ c;::;) 0'1 :J: ;;c". -< ~ 5:! miQ lJ rr; -.,.., r-J cST -..; CI 7:=F; '0;:0 2"3 rn --/ ~ -< O"'l ~ r:y N W " SHANNON L. MANDERBACH, Plaintiff vs. } } } } } } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERIC J. MANDERBACH, Defendant NO. 04-2704 IN DIVORCE PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and petitions for the court for emergency relief based upon the following" 1. The Petitioner herein is Shannon L. Manderbach, hereinafter referred to as "Wife." 2. The Respondent herein is Eric J. Manderbach, hereinafter referred to as "Husband. " 3. During the marriage the parties acquired a residence at 920 Magnolia Drive in Enola, Pennsylvania, which they occupied, together with their minor children, as their primary marital residence. When the parties separated in 2004, Husband moved from the marital residence and Wife remained there with the parties' two minor children, Dylan J. Manderbach, born 19 February 1999 and Ryan J. Manderbach, born 1 March 2001. That home has remained the residence of Wife and the children since the parties' separation. 4. After the separation of the parties they, by mutual agreement, refinanced the existing mortgage on the property to reduce the monthly installment payments. At that time the parties anticipated that Wife would obtain a mortgage in her own name, when she could, and the property would be transferred to her name alone so that she, alone, would be responsible for the debt against it. 5. Although Wife subsequently obtained mortgage financing to remove Husband from liability on the mortgage against the property, Husband refused to transfer the property to Wife at that time and Wife was not able to conclude the new financing to obtain his release from the mortgage debt. 'I , eo 6. At the time of the separation of the parties, Husband was employed in a managerial position by Darden Industries and managed a Red Lobster restaurant in Central Pennsylvania. By agreement, a support order was entered whereby Husband paid Wife a base support amount for herself and the children and paid to her a percentage of all bonuses he received as a result of his employment. While employed by Darden, Husband received regular bonus payments and paid to Wife her portion of them pursuant to the support order. 7. Husband recently resigned, voluntarily, his employment by Darden Industries and apparently started his own business in some other capacity. Following his resignation from employment with Darden, Husband has continued to pay the base support required by the court order but has not made any bonus payments to Wife and has, apparently at least, not received any bonus payments. 8. Wife has been unable to pay the monthly installments due on the mortgage against the residence. As a result, the mortgage is in default and the mortgage company has threatened foreclosure action. 9. To avoid losing the parties' equity in the residence, Wife has attempted to list the property for sale. Wife desires to sell the property, pay the mortgage to avoid foreclosure, and thus preserve the parties' equity in the property, which she believes to be substantial. 10. Husband has refused to sign a listing agreement, to list the house for sale, or to otherwise cooperate in the sale of the residence unless Wife accepts a financial settlement of all claims in the divorce which Wife and her counsel believe are unreasonable and inadequate. 11. The other marital assets in this case of any significance include a 401 (k) Plan or similar retirement account owned and held by Husband and stock options owned by Husband which he mayor may not have exercised. In essence, all of the significant assets in the case, other than the residence, are under the unilateral control of Husband and are beyond Wife's reach at this time. 12. The residence in question continues to be the primary residence of Wife and the parties' minor children. If it is lost at foreclosure Wife and the children will have no adequate place to live. If it is sold to avoid foreclosure, Wife believes there will be sufficient cash generated to allow her to purchase, rent, or I' .. otherwise obtain suitable housing for herself and the children until this matter can be fully resolved. 13. This matter is of urgent concern because Wife anticipates the foreclosure process on the mortgage against the residence will commence shortly and, if the property is not listed for sale in the near future, the parties will incur extensive and avoidable costs and expenses and may loose the house at foreclosure before it can be sold. WHEREFORE, Plaintiff prays this court to order and direct the parties to sell the residence at 920 Magnolia Drive in Enola, Pennsylvania as promptly as possible, to cooperate with a real estate agent and with others necessary to complete and effect such sale as promptly and efficiently as possible, to appoint a Master or other representative of the court to manage the sale of the property if Husband will not cooperate, and to direct that Wife receive $25,000.00 from the proceeds of the sale of the residence to secure other adequate housing for herself and the children until this matter is resolved. ~\? ~~ Samueh.. Andes Attorney for Plaintiff Supreme Court 10 # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II Ii iA . , I verify that the statements made in this document are true and correct. understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: tp/3D/O(P (:4~, , ~~u. SHANNON L. r, :-;-J :- : 1 1 r.:., 1 r..., ) V',: i. ')1 RECEIVED JUL 0 6 ~006 r/ SHANNON L. MANDERBACH, Plaintiff vs. } } } } } } } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2704 ERIC J. MANDERBACH, Defendant IN DIVORCE ORDER OF COURT AND NOW this 1il day of ~ ' 2006, upon consideration of the attached Petition, a eari g is hereby scheduled, to be held before the undersigned, in Court Room No. Ol of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at _t: 30 o'clock -fJ- .m. on II )~. the JiP- day of ~ ' 2006. BY THE cplj'Ff,: /" (' J. Distribution: 4"muel L. Andes, Esquire {Attorney for PlaintittY 525 North 12th Street, P.O. Box 168, Lemoyne, PA 17043 ~rbara Sumple Sullivan, Esquire {Attorney for Defendant} 549 Bridge Street, New Cumberland, PA 1 7070 D:l.O\9 O\~ (,-'<.~J (0 i..".,; r::: "-) 1..'- G Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant NO. 2004-2704 MOTION TO WITHDRAW APPEARANCE 1. Petitioner is counsel for Defendant in the above captioned matter, Eric 1. Manderbach. 2. Defendant is presently residing at 102 Excaliber Circle, Fredericksburg, VA 22406. 3. Defendant has failed to cooperate with the requests of counseL 4. Defendant has failed to make payment on his outstanding legal fees since May 1, 2006 and has an outstanding balance of Nine Thousand Five Hundred Eighty-Three Dollars and 29/1 00 ($9,583.29) as of December 18,2006. WHEREFORE, counsel for Defendant requests leave of court to withdraw representation on behalf of ERIC 1. MANDERBACH in the above-captioned Dated: December 28,2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PAl 7070 (717) 774-1445 Supreme Court I.D. 32317 Barbara Stunple-Sullivall, Esquire Supreme Court #32317 549 Bridge Street New Ctunberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant NO. 2004-2704 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date I served a true and correct copy of the Motion to Withdraw in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Mr. Eric 1. Manderbach 102 Excaliber Circle Fredericksbuq~{ A 2406 DATE: December 28,2006 / ( Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 .,. ... Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff v. ERIC J. MANDERBACH, Defendant AND NOW, this '1" day of (J ~ JAN 04 ZOOV : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 2004-2704 RULE , 2001 on consideration of the Motion to Withdraw Appearance, a RULE is issued on Plaintiff and Defendant to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within I f days from the date of service hereof. J. >-. 0:: 'J:: j~ jj;[~~:" [;~iZ "'Oo_J ;'''(. . --;:.f: 1-. tI_ C - <") S2 '"'t:.-.- - '" !..O - :-e ~,.~- ~ '""- ,~::::;, ~ Barbara Stunple-Sulliv8Il, Esquire Supreme Comt #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff : IN THE COURT OF C01\1MON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant : NO. 2004-2704 PETITION TO MAKE RULE ABSOLUTE 1. Petitioner is counsel for Defendant, Barbara Sumple-Sullivan, Esquire. 2. Respondent is Defendant, Eric J. Manderbach. 3. Petitioner is requesting allowance to withdraw from the matter due to Respondent's failure to cooperate with the requests of counsel and failure to make payment on his outstanding legal fees since May 1, 2006. 4. On December 29,2006, Petitioner filed a Motion to Withdraw her Appearance in this action. 5. On January 15, 2007, Judge Edgar B. Bayley issued a Rwe returnable in Fifteen (15) days upon Plaintiff and Defendant to show cause why the Motion to Withdraw Appearance showd not be granted. 6. Said Rule was served upon Plaintiff and Defendant by letter dated January 17, 2007. A true and correct copy of same is attached hereto as Exhibit A. 7. No timely answer or other response was filed to said Rule by Plaintiff or Defendant. 8. Petitioner requests that the Rule issued on January 15,2007 be made absolute and Petitioner shall be allowed to withdraw from the matter. WHEREFORE, Petitioner requests the Rule be made absolute. DATE: February 6, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. 32317 Exhibit A LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBBRLAND. PlCNNSYLVANIA 17070-1881 PHONB (717) 77..1<<5 FAX (717) 774.-7059 January 17, 2007 CERTIFIED MAIL- RETURN RECEIPT REQUESTED CERTIFICATE NO. 7004 2890 0002 8467 07771 and CERTIFICATE OF MAlLING Mr. Eric J. Manderbach 102 Excaliber Circle Fredericksburg, VA 22406 CERTIFICATE OF MAIL Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Re: Shannon L. Manderbaeh v. Erie J. Manderbach Docket No. 04-2704 '(Divorce) I Cumberland County and Eric J. Manderbaeh v. Shannon L. Manderbach Docket No. 04-3689 (CustodY) I Cumberland County Dear Eric and Sam: Enclosed constituting service on you are Rules dated January 15,2007 in both the divorce and custody actions. Please know that your response is due on or, before February 2, 2007. BSSIlh Enclosures Barbara Sump1e-SuIlivan. Esquire sUpreme COurt #32317 549 Bridge Street New CumbedancL P A 17079 (.117) 774-1445 SHANNON L. MANDERBACH, Plaintiff v. : IN THE COURT OF CQMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTIO~ - DIVORCE ERIC J. MANDERBACH, Defendant : NO. 2004-2704 ;~;..- RULE AND NOW, this J.:i day f , 2001 on consideration of the Motion to Withdraw Appearance, a RULE is issued . Plaintiff and Defendant to show cause, if any, .why the Court should not grant the relief requested The Rule is returnable within J j days from the date of service hereof: .- BY THE . COURT: : TRUf; ~"!'V ~~~~~ f.!~COID '. ..~, ~ k..': .... ':' .,'';1' mv hand In Test;rrHi' ". " ,;t, v , a' he s'" ;,:~ "", :0;"" ;c,L. Po, . .......1. "a i} . ;', '. - llJY).....!' Barbara Smnple-Sullivan. Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 ERIC J. MANDERBACH, Plaintiff . v. : IN THE COURT OF C01\.1M:ON PLEAS : ~ERLAND COUNTY, PENNSYLVANIA : . CIVIL ACTION -IN CUSTODY SHANNON L. MANDERBACfL Defendant : No. 2004-3689 . RULE AND NOW, tlris R day of 200 t- on consideration of the Motion to .Withdraw Appearance, a RULE is issued . Plaintiff and Defendant to show cause, if any, why the Court should not grant the relie requested. The. Rule is returnable 'Wi1:b.in J~ days from the date of service hereof BY THE COURT: ~ECORD '. ''''"'~.' '.1 1 I I i I i .~"-=._~,.~"- ".-' .....1 I , I , .U.S. POSTAL SERVICE CERTIFICATE OF MAILING o IiI o ..a B!I1'h~..sJm1ple-Sullivan, Esq~~ i e 549 Bridge Street --1(;~'/'-R1-,. ~ = . New Cumberland, PA l-7~1.if~ JAllJ. j'-{) f u, 'j"!{ i ,.. 71, J.. C , ~ I~ One piece of ordinary mall addressed to: ~' ....... _~ o~ ~r.. &;~ -:r-l~b~;l'~'\ \D~Lxc'O..theA. C-ircJi '~ ~~~\~c.k:3bl)'~ ,VA ~J.."\C~ g MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: ~ ; n f ~-!i~~ -......a:l:D =m-~ . ......::000 -l <cr- tI) o ~ ..., ...... :D C'l . rn ~ :D PSFoon3817. January 2001 U S. Postal SerVlc[~ CERTIFIED MAIL RECEiPT (DomestIc Mall Only, No Insurance Cdvcragc Provided) M r- r- e ,f'- 1..0 I ::r !cQ ! In.! ig Ie Ie l~ In.! !::r le 1e !r- CertIIIed Fee R8Ilm RIcIIpt Fee (El.dolMRlll1t RBciuIred) ReItrICIId ~ Fee (BodO/.-1t ReqUIr8d) TotIII Pastage & FeeJ $4.64 0111712007 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ReceiVed From: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 ~~~1t~~ks, e~~r~ \ \1 . ~ r :E g-EA- i n f ~O 1_~~tI) Ni "'" ......orn_~ co~ . ......::000 I c..n <cr-, (I) o ~. -l Q ......:E> co C'l =0 IT! :D PS Form 3817. January 2001 ~, f -. . J- /'" ", ; Barbara Sumple-Sullivan, Esquire Supreme Comt #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff : IN THE COURT OF C01\1MON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant : NO. 2004-2704 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: Mr. Eric 1. Manderbach 102 Excaliber Circle Fredericksburg, VA 22406 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 DATE: February 6, 2007 Bar ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 " ..~ L:,. b(:) :p. c::: z :.2 o ~~; <-: .c~ ,.....;) C:::) C-.;:;> .....J -r"'l ri OJ I --J o on .~ I" rnp -r1 (11 ;c\~~: ,- -\-1 to---) -;:::; .' ~~_:r t. .J (~fn '1:'" ~ -'lj c....) w feB 0 8 2007 pr/ () ;t Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SHANNON L. MANDERBACH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - DIVORCE ERIC 1. MANDERBACH, Defendant : NO. 2004-2704 ORDER AND NOW, this -'1- day of I~~ 2007, upon consideration of the Petition to Make Rule Absolute, said Petition i~TED. It is further ORDERED and DECREED that Barbara Swnp1e-Sullivan, Esquire is withdrawn as counsel for Defendant, Eric J. Manderbach. BY THE COURT: 1. ~ a ~5 t. I.- :1:"". 1..\... F::: ere pU~ ~~ u..'F ~ - ..::r a-- ~ ("') - ~ ?..:(. 0.<7 D:a: -)3 "':" .,... ....f ef) .c. Z ...:1..:::;; , }... r-..~ ;i..! ('1) ....,. d ffi ~ ~ ~ II .! SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-2704 ERIC J. MANDERBACH, Defendant I N DIVORCE MOTION TO ENFORCE SUBPOENA WITH BENCH WARRANT AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the Court to issue a bench warrant for the arrest of Louis Graham to enforce a subpoena previously issued and served upon Louis Graham, based upon the following: 1. The moving party herein is the Plaintiff. 2. In late January of 2007, Plaintiff caused a Subpoena to be issued and served upon Louis Graham, a real estate agent with offices in Harrisburg, Pennsylvania. A copy of the Subpoena and the proof of service of the Subpoena are attached hereto and marked as Exhibits A and B. 3. Louis Graham is a real estate agent that sold the residence previously owned by Plaintiff and Defendant. Although the sale settled several months ago, Ms, Graham has refused, despite repeated requests, to provide copies of the documents generated by the settlement or to distribute or account for the proceeds of the sale. 4. The resolution of the economic issues in this case are scheduled for a Master's hearing this day. The Subpoena directed Louis Graham's appearance at the Master's office at 9:00 a.m. and directed that she produce documents relating to and confirming the sale of the property. 5, As of the time of the filing of this Motion, Louis Graham had not appeared in response to the Subpoena. She had not made any response, in writing, by an attorney, or even by telephone call, to Plaintiff's counsel, who served the Subpoena upon her and who has repeated requested the information described in the Subpoena. 6. This matter cannot be properly processed and resolved without the information which Louis Graham has in her possession and which she has repeatedly failed and refused to produce. \I WHEREFORE. Plaintiff moves this court to issue a bench warrant for the arrest of Louis Graham for her willful failure to comply with the Subpoena properly served upon her to compel her appearance before this Court to explain why she did not properly respond to the Subpoena or appear in accordance with its order, and to produce the information she has refused to produce up to this time. s~pD Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 1 7043 (717) 761-5361 \I .' I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: to (V{ <bI J., 2..0L/( g G:PQ1l _ uel L. Andes . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHANNON L. MANDERBACH, Plaintiff vs. ) ) ) ) ) ) ) FILE NO. 04-2704 ERIC J. MANDERBACH, Defendant SUBPOENA TO ATTEND AND TESTIFY TO: 1. You are ordered by the court to come to the office of the Divorce Master at 9 North Hanover Street in Carlisle, Pennsylvania, on Tuesday, 6 March 2007 at 9:00 a.m., to testify in the above case, and to remain until excused. 2. And bring with you the following: If you fail to attend or to produce the documents or things required by this Subpoena you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorneys fees and imprisonment. REQUESTED BY A PARTY/ATTORNEY IN COMPLIANCE WITH Pa. R.C.P. 234.2 (a): NAME: ADDRESS: SAMUEL L. ANDES, ESQUIRE 525 NORTH 12TH STREET LEMOYNE, PA 17043 (717) 761-5361 17225 PLAINTIFF TELEPHONE: SUPREME COURT 10 # ATTORNEY FOR: BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy OFFICIAL NOTE: This form of Subpoena shall be used whenever a SUbpoena is issuable, including hearings in connection with depositions and before arbitrators, masters, commissioners, etc. in compliance with Pa. R.C.P. No. 234.1. If a Subpoena for production of documents, records or things is desired, complete paragraph 2. t:xFT SCHEDULE A 1. Copies of all agreements of sale, deeds, HUD-1 statements, mortgage payoff statements, and other documents relating to the sale of real estate by Shannon and Eric Manderbach in 2006. This should specifically include any and all communications, written bye-mail, by fax, or otherwise, relating to the payoff of any debts or liens against the property. 2. A copy of the escrow agreement signed by Mr. and Mrs. Manderbach in which they agree to have the proceeds held in some type of escrow arrangement. 3. Copies of all documents reflecting the deposit or holding of the proceeds of the sale in an escrow account, specifically identifYing the name in which the account is opened, the Social Security numbers assigned to the account, the name of the financial institution where the account is opened, and the account number. This request specifically includes the documents used to originally create the account and all statements for that account since that time and to the present. .. AFFIDAVIT State of Pennsylvania ) ) SS: ) County of Dauphin Before me the subscriber personally appeared Edwin T. Cosgrove to me known., being duly sworn according to l.aw, cloth depose and say that on February 1, 2007 @ 10: 35 AM I personally served a l.etter and copy of a Subpoena To Attend and Testify in the matter of Shannon L. Mand.erbach vs. Eric J. Mand.erbac:h, Commonwealth of Pennsylvania, County of Cumberl.and Fil.e No. 04-2704, by serving Danielle Done receptionist at R8M&x Realty Associates - Delta Group, 7839 Allentown. Boulevard, Suite 800, Harrisburg, PA, who accepted service on behal.f of Louis Graham. and further deponent sayeth not. Edwin T. Cos 5235 N. Front St. HarriSburg, PA 17110 Sworn and subscribed before me this /&tb day of 2007 Nota%y C COMMONWEALTH OF PENNSYLVANIA Notarial Seal Werdi M. Johnston. Notary Public SUsquehanna Twp.. Dauphin County C. 'V j.2..... My Commission Expires Oct. 24,.2009 ~ t\ \".......... Member, Pennsylvania Association of Notaries f"-) 0 c;::) = -n _..4 ;:FJ ::J: ::;:I :,t'J,;. ri, :n -:.J ;:;0 r- I m 9 .-' CJ"t () .";', ~ ::) ""'-n _~:Io. ('5 C) c)m c..n ~~ .r;.- -< ~ SHANNON L. MANDERBACH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ERIC J. MANDERBACH, DEFENDANT 04-2704 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of March, 2007, upon the attached motion, a warrant is issued to apprehend Lois Graham during courthouse hours of operation to be brought immediately to court that day to answer as to why she did not appear and produce the documents in accordance with the subpoena previously served upon her. By the Court; \ . , Samuel L. Andes, Esquire For Shannon L. Manderbach -CQrL'Sb~>I.7~r 3-~-o1 rAl Sheriff - o'fY t,,t.,!ro- -to $A..e.rJ('( ht A.t+1 tl,..d4s 3 -(.. ()t 'I){ :sal 0 ,....., 0 = r- <::;:) ., \....*' ....,... -...l ]".it:i :::J: -I ~ I-n ( n1- ::0 ,.. -om I :r)y 0"1 ci:~ ~ _.illo - :"-"f71 - ~ " ?D "'- l"\.,) --j ,........ 1".;) -< !- ~ v, ~ ~f., ,.... , II vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHANNON L. MANDERBACH, Plaintiff CIVIL ACTION - LAW NO. 04-2704 ERIC J. MANDERBACH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 15 June 2004 and served within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 eel OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 3-?-()7 Dated: c ~~L~~~~ S NON L. DERBACH ~ c:::;. ..,...) ~ ....-:('!1 ?:? \ cP ~~~. --'- -(; ::r: N .' o (..o) ~ ~ n'1~ -o~ ~<~ \_( '~~J S;~! ~:? c-:.'. );-)r\ t :.'::"'1 )~,. ~ II vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SHANNON L. MANDERBACH, Plaintiff NO. 04-2704 ERIC J. MANDERBACH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 15 June 2004 and served within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ecl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. _?- t-O'7 Dated: ~ ERI. ANDERBACH o '."; ";~~~ d) \~1~_' ~ c:> --' ::rr;. l' :;;;? \ Q:) -C'1 Q, .~ -,: -n A'C. ", ~jt? :;~~ f;~~. '-- -on ~... " .".- \{: "?~I , ')' '::::\, _-.>fr' _.~~ o CD ~ o 0) SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 2704 CIVIL ERIC J. MANDERBACH, Defendant IN DIVORCE ORDER OF COURT AND NOW, this cf} I ., day of ~. 2007, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on March 6, 2007, the date set for a Master's hearing, the agreement and stipulation having been transcribed, the parties being bound by placing the agreement on the record without requiring subsequent affirmation by signature, 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 of the parties so that a final decree in divorce can be entered. cc: ftmuel L. Andes Attorney for Plaintiff " ~ic J. Manderbach (Pro Se) Defendant >- a.: 1:S UJQ ( ,/" ~~ ;~~-.. :;C' f' \,)C ?.. ('-:'~A tela: dw u..~ F= L\- a Q"'I l.f) N ~.,.:- L\: co I C~ ~.:.:r. :s:: r- = = (."4 , SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 2704 CIVIL ERIC J. MANDERBACH, Defendant IN DIVORCE THE MASTER: Today is Tuesday, March 6, 2007. This is the date set for a hearing in the above-captioned divorce proceedings. Present are the Plaintiff, Shannon L. Manderbach, and her counsel Samuel L. Andes. Also present is Eric J. Manderbach, who is not represented by counsel. His prior counsel has withdrawn her appearance in this matter and Mr. Manderbach is proceeding pro se. A complaint in divorce was filed on June 15, 2004, raising grounds for divorce of indignities. An amended complaint was filed on August 2, 2004, affirming the grounds originally filed in the complaint on June 15, 2004. The attorney for Mr. Manderbach filed an answer and counterclaim to the amended complaint on April 20, 2006, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for divorce, both parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree today so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers 1 will be filed with the Prothonotary's office by the Master's office. On February 14, 2005, the Plaintiff wife filed a petition for economic relief raising claims for equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The parties were married on August 13, 1994, and separated May 6, 2004. They are the natural parents of two children, ages 6 and 8. The children are in the custody of wife. The parties and Mr. Andes have been discussing a resolution of this case for approximately three hours today and have advised the Master that they have reached an agreement which is going to be placed on the record. 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. The Master will review the draft and make corrections of typographical errors as required but the substantive provisions of the agreement will not be changed by either the Master or the parties subsequently. Mr. Andes has indicated that we can proceed to file the agreement with the Court as part of the 2 finalization of the divorce without having the parties affirm the agreement by a signing. The parties are advised that they are bound by the terms when they leave the hearing room today even though there is no subsequent signing of the agreement affirming the terms of settlement. Upon the agreement being transcribed and reviewed by the Master for typographical errors, the Master will then prepare an order vacating his appointment and Mr. Andes can file a praecipe transmitting the record to the Court requesting that the Court enter a final decree in divorce. Included in the file will be the agreement which will be made part of these proceedings and will be subject to enforcement by the Court as the agreement of the parties. Mr. Andes. MR. ANDES: The parties have agreed to settle and resolve the economic issues in the case on the following terms: 1. The parties sold the former marital residence at 920 Magnolia Drive, Enola, Pennsylvania, in October of 2006 and have been advised that the remaining proceeds of that sale, in the approximate amount of $30,900.00, are held in escrow by Delta Settlement Services, LLC, or the First American Title Insurance Company in an account in Fulton Bank. The parties agree that they shall sign today an authorization directing those escrow agents to release those funds to wife's attorney. Upon his receipt of those funds, wife's attorney shall distribute them as follows: a) He shall issue a check to the Domestic Relations Office of Cumberland County for $1,000.00 to be applied to the support arrearage owed by Mr. Manderbach on the order 3 entered to No. 734 S 2004, PACES NO. 048106657. b) The balance of the proceeds shall be distributed to Mrs. Manderbach. In the event that there is any difficulty in obtaining the full amount from the escrow account, both parties will cooperate with wife's attorney to secure the release of those funds as promptly as possible. 2. Mr. Manderbach shall retain the proceeds of the stock options that he exercised for the stock he held in Darden Corporation which paid a gross amount, before taxes, of approximately $43,500.00. Husband shall be responsible to pay any and all taxes due as a result of those stock options and shall indemnify wife and save her harmless from any tax claims resulting from his exercise of those options. 3. Husband shall retain the funds withdrawn from his Darden Corporation 401(k) plan in the approximate amount of $26,000.00 including funds applied to repay a loan he owed to the 401(k) plan account. Husband shall be responsible to pay any taxes incurred or assessed as a result of his withdrawal of those funds, including any early withdrawal penalty, and shall indemnify and save wife harmless from any tax claims resulting from that withdrawal. 4. Otherwise, the parties agree that they have satisfactorily divided and distributed their marital property and each of them shall retain, free any claim by the other, any other marital asset, including tangible personal property, motor vehicles, accounts in banks and other financial institutions, business interests, and the like, free of any claim by the other. 5. As noted above, the parties are parties to a support action entered before the Court of Common Pleas of Cumberland County, filed to No. 734 S 2004. The parties agree that the current support order, in the amount of $1,140.00 per month, which includes a payment on arrears, shall continue in effect following their divorce. 6. Mr. Manderbach shall pay to Mrs. Manderbach alimony as follows: a) The amount of alimony shall be $250.00 per month. The amount shall not be subject to modification by any Court or tribunal, expressly and including any bankruptcy court. b) The term of the alimony shall be seven years. It 4 shall commence with the first month following the entry of the final decree in divorce. The payment shall be made through the Domestic Relations Office which the Court shall authorize and direct to administer the alimony payments. The term of alimony shall end only after seven years or upon the death of other party. Otherwise, it shall not end prior to seven years even in the event that Mrs. Manderbach cohabits with another man or remarries. c) The alimony shall be not be affected, suspended, terminated, or modified by either party filing for relief under the bankruptcy laws of the United States of America and Mr. Manderbach's obligation to pay alimony shall continue even in the event that he files a bankruptcy action. d) The payments made pursuant to this paragraph shall be treated by both parties as alimony for purposes of income tax. Husband shall be entitled to deduct the payments and wife shall include the payments in her income in the year they are received. 7. All other claims raised in the divorce action including claims for attorney fees and expenses are waived. 8. 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. 9. The parties enter into this agreement as a stipulation to the Court and agree that the Court shall enter this agreement with the divorce decree and shall incorporate the terms and provisions of this agreement into the final decree in divorce but that the terms and provisions shall not merge with the divorce decree and shall be separately enforceable if that becomes necessary. MR. ANDES: Shannon Manderbach, were you here 5 ~ today when I dictated the agreement on to the record? MRS. MANDERBACH: Yes. MR. ANDES: Do you understand it? MRS. MANDERBACH: Yes. MR. ANDES: And even though you may not be satisfied with all the dollars and cents, are you satisfied that you understand the agreement and are willing to accept it to resolve the matter? MRS. MANDERBACH: Yes. MR. ANDES: Mr. Manderbach, I'd ask you the same questions. You heard what I dictated? Is that a fair statement of what we have agreed to today? MR. MANDERBACH: Yes. MR. ANDES: You understand it? MR. MANDERBACH: Yes. MR. ANDES: Do you have any questions about it? MR. MANDERBACH: No. MR. ANDES: Are you willing to abide by it and perform your obligations? MR. MANDERBACH: Yes. THE MASTER: And to both of you, you understand that when you leave here today, you are bound by 6 this agreement even though there is no signing of the agreement affirming the settlement? MR. MANDERBACH: Yes. MRS. MANDERBACH: Yes. cc: Samuel L. Andes, Attorney for Plaintiff Shannon L. Manderbach, Plaintiff Eric J. Manderbach, Defendant 7 ., SHANNON L. MANDERBACH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 2704 CIVIL ERIC J. MANDERBACH, Defendant IN DIVORCE THE MASTER: Today is Tuesday, March 6, 2007. This is the date set for a hearing in the above-captioned divorce proceedings. Present are the Plaintiff, Shannon L. Manderbach, and her counsel Samuel L. Andes. Also present is Eric J. Manderbach, who is not represented by counsel. His prior counsel has withdrawn her appearance in this matter and Mr. Manderbach is proceeding pro se. A complaint in divorce was filed on June 15, 2004, raising grounds for divorce of indignities. An amended complaint was filed on August 2, 2004, affirming the grounds originally filed in the complaint on June 15, 2004. The attorney for Mr. Manderbach filed an answer and counterclaim to the amended complaint on April 20, 2006, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for divorce, both parties have signed affidavits of consent and waivers of notice of intention to request entry of divorce decree today so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers 1 &, will be filed with the Prothonotary's office by the Master's office. On February 14, 2005, the Plaintiff wife filed a petition for economic relief raising claims for equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The parties were married on August 13, 1994, and separated May 6, 2004. They are the natural parents of two children, ages 6 and 8. The children are in the custody of wife. The parties and Mr. Andes have been discussing a resolution of this case for approximately three hours today and have advised the Master that they have reached an agreement which is going to be placed on the record. 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. The Master will review the draft and make corrections of typographical errors as required but the substantive provisions of the agreement will not be changed by either the Master or the parties subsequently. Mr. Andes has indicated that we can proceed to file the agreement with the Court as part of the 2 ~. finalization of the divorce without having the parties affirm the agreement by a signing. The parties are advised that they are bound by the terms when they leave the hearing room today even though there is no subsequent signing of the agreement affirming the terms of settlement. Upon the agreement being transcribed and reviewed by the Master for typographical errors, the Master .will then prepare an order vacating his appointment and Mr. Andes can file a praecipe transmitting the record to the Court requesting that the Court enter a final decree in divorce. Included in the file will be the agreement which will be made part of these proceedings and will be subject to enforcement by the Court as the agreement of the parties. Mr. Andes. MR. ANDES: The parties have agreed to settle and resolve the economic issues in the case on the following terms: 1. The parties sold the former marital residence at 920 Magnolia Drive, Enola, Pennsylvania, in October of 2006 and have been advised that the remaining proceeds of that sale, in the approximate amount of $30,900.00, are held in escrow by Delta Settlement Services, LLC, or the First American Title Insurance Company in an account in Fulton Bank. The parties agree that they shall sign today an authorization directing those escrow agents to release those funds to wife's attorney. Upon his receipt of those funds, wife's attorney shall distribute them as follows: a) He shall issue a check to the Domestic Relations Office of Cumberland County for $1,000.00 to be applied to the support arrearage owed by Mr. Manderbach on the order 3 ... . entered to No. 734 S 2004, PACES NO. 048106657. b) The balance of the proceeds shall be distributed to Mrs. Manderbach. In the event that there is any difficulty in obtaining the full amount from the escrow account, both parties will cooperate with wife's attorney to secure the release of those funds as promptly as possible. 2. Mr. Manderbach shall retain the proceeds of the stock options that he exercised for the stock he held in Darden Corporation which paid a gross amount, before taxes, of approximately $43,500.00. Husband shall be responsible to pay any and all taxes due as a result of those stock options and shall indemnify wife and save her harmless from any tax claims resulting from his exercise of those options. 3. Husband shall retain the funds withdrawn from his Darden Corporation 401(k) plan in the approximate amount of $26,000.00 including funds applied to repay a loan he owed to the 401(k) plan account. Husband shall be responsible to pay any taxes incurred or assessed as a result of his withdrawal of those funds, including any early withdrawal penalty, and shall indemnify and save wife harmless from any tax claims resulting from that withdrawal. 4. Otherwise, the parties agree that they have satisfactorily divided and distributed their marital property and each of them shall retain, free any claim by the other, any other marital asset, including tangible personal property, motor vehicles, accounts in banks and other financial institutions, business interests, and the like, free of any claim by the other. 5. As noted above, the parties are parties to a support action entered before the Court of Common Pleas of Cumberland County, filed to No. 734 S 2004. The parties agree that the current support order, in the amount of $1,140.00 per month, which includes a payment on arrears, shall continue in effect following their divorce. 6. Mr. Manderbach shall pay to Mrs. Manderbach alimony as follows: a) The amount of alimony shall be $250.00 per month. The amount shall not be subject to modification by any Court or tribunal, expressly and including any bankruptcy court. b) The term of the alimony shall be seven years. It 4 .. . shall commence with the first month following the entry of the final decree in divorce. The payment shall be made through the Domestic Relations Office which the Court shall authorize and direct to administer the alimony payments. The term of alimony shall end only after seven years or upon the death of other party. Otherwise, it shall not end prior to seven years even in the event that Mrs. Manderbach cohabits with another man or remarries. c) The alimony shall be not be affected, suspended, terminated, or modified by either party filing for relief under the bankruptcy laws of the United States of America and Mr. Manderbach's obligation to pay alimony shall continue even in the event that he files a bankruptcy action. d) The payments made pursuant to this paragraph shall be treated by both parties as alimony for purposes of income tax. Husband shall be entitled to deduct the payments and wife shall include the payments in her income in the year they are received. 7. All other claims raised in the divorce action including claims for attorney fees and expenses are waived. 8. 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. 9. The parties enter into this agreement as a stipulation to the Court and agree that the Court shall enter this agreement with the divorce decree and shall incorporate the terms and provisions of this agreement into the final decree in divorce but that the terms and provisions shall not merge with the divorce decree and shall be separately enforceable if that becomes necessary. MR. ANDES: Shannon Manderbach, were you here 5 .. . . . today when I dictated the agreement on to the record? MRS. MANDERBACH: Yes. MR. ANDES: Do you understand it? MRS. MANDERBACH: Yes. MR. ANDES: And even though you may not be satisfied with all the dollars and cents, are you satisfied that you understand the agreement and are willing to accept it to resolve the matter? MRS. MANDERBACH: Yes. MR. ANDES: Mr. Manderbach, I'd ask you the same questions. You heard what I dictated? Is that a fair statement of what we have agreed to today? MR. MANDERBACH: Yes. MR. ANDES: You understand it? MR. MANDERBACH: Yes. MR. ANDES: Do you have any questions about it? MR. MANDERBACH: No. MR. ANDES: Are you willing to abide by it and perform your obligations? MR. MANDERBACH: Yes. THE MASTER: And to both of you, you understand that when you leave here today, you are bound by 6 , 1 . . this agreement even though there is no signing of the agreement affirming the settlement? MR. MANDERBACH: Yes. MRS. MANDERBACH: Yes. cc: Samuel L. Andes, Attorney for Plaintiff Shannon L. Manderbach, Plaintiff Eric J. Manderbach, Defendant 7 I! I vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHANNON L. MANDERBACH, Plaintiff CIVIL ACTION -LAW NO. 04-2704 ERIC J. MANDERBACH, Defendant IN DIVORCE MOTION FOR ENTRY OF ALIMONY ORDER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to enter the attached alimony order, based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. On 6 March 2007 the parties reached agreement to resolve the economic issues raised in this divorce action at a proceeding held before the Master. A copy of the transcript of their agreement is attached hereto and marked as Exhibit A. 3. To implement the terms of the agreement reached between the parties, they require an order of this court awarding Plaintiff alimony and ordering Defendant top ay that alimony. Attached hereto is a copy of the proposed order which is consistent with the terms of the agreement reached by the parties on 6 March 2007. 4. Defendant expressed his concurrence in the entry of this order by accepting the terms of the agreement the parties reached before the Master. 5. The Honorable Edward J. Guido has entered orders previously in this case in a custody action pending between the parties. WHEREFORE, Plaintiff moves this court to enter the attached alimony order. ~ Attorney for Plaintiff Supreme Court I D # 1 7225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 11 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the Defendant by regular mail, postage prepaid, addressed as follows: Eric J. Manderbach 102 Excaliber Circle Fredericksburg, VA 22406 Date: S\2bl01 ins tary for Samuel L. Andes (') c -,. ~~r ro-) ("..::;:J :3 ::r: ~ ", cr> L.. Z -~ .-;" ~ ~ n'~ -om - -J t::J ~j~t \"....1'\ 'c~o -grn ~ -0 """'" -"'" r::> .. o N \I vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA SHANNON L. MANDERBACH, Plaintiff CNIL ACTION - LAW NO. 04-2704 ERIC J. MANDERBACH, Defendant IN DNORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Accej)tance of Service indicating service on Defendant of June 22. 2004. filed on 2 July 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 6 March 2007 By Defendant: 6 March 2007 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 6 March 2007 and filed on 6 March 2007. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 6 March 2007 and filed on 6 March 2007. Date: 2(? ~~ 2qJ7 B~ \)j'(J 9c l~~ Attorney for Plaintiff o s; ...:"...._, -oE; mn, --7 ..-; .co\t;, \:,.. oJ' ::s \:~ "'-.. ~t~ z. =2 ,.,." = c:::> -..j ~ ~~ -om --10 ;l"'} ,1.. :~Sr1 3_ -I) C,j. (~ 511'1 .:.:...j ~ ~ ::J: ~ N C1"> ::D" ::J: - - U1 \.0 .. -.--.. SHANNON L. MANDERBACH, Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 04-2704 ERIC J. MANDERBACH, Defendant IN DIVORCE ORDER FOR ALIMONY AND NOW, this {).. '71;1.- day of '-rY1~ ,2007, upon the Motion of the Plaintiff and the agreement of the parties reached before the Master in this matter, and to implement one of the terms of that Agreement, we hereby order that the Defendant Eric J. Manderbach (hereinafter "Husband") shall pay alimony to the Plaintiff Shannon L. Manderbach (hereinafter "Wife") as follows: 1 . The amount of alimony shall be $250.00 per month. The amount shall not be subject to modification by this or any other court or tribunal, expressly including any bankruptcy court. 2. The term of alimony shall be seven (7) years. It shall commence with the first month following the entry of the final decree in divorce in this action. The term of alimony shall end only after seven (7) years or upon the death of either party. Otherwise, it shall not end prior to seven (7) years even in the event that Wife cohabits with another man or remarries. 3. The alimony shall be paid to the Domestic Relations Office of this court which is hereby authorized and directed to administer the alimony payments by collecting them from Husband and paying them to Wife. 4. The alimony payments under this order shall not be affected, suspended, terminated, or modified by the filing of either party for relief under the bankruptcy laws of the United States of America and Husband's obligation to pay alimony shall continue even in the event that he files a bankruptcy action or otherwise seeks relief from the bankruptcy court. II ,~ i' 5. The payments made pursuant to this order shall be treated by both parties as alimony for income tax purposes. Husband shall be entitled to deduct the payments and Wife shall include the payments in her income in the year they are received. We shall retain jurisdiction of this matter to implement, administer, and enforce this order. J. Distribution: Samuel L. Andes, Esquire (Attorney for Plaintiff) / 525 North 12th Street, P.O. Box 168, Lemoyne, PA 1 7~3 Eric J. Manderbach, pro se 102 Excaliber Circle, Fredericksburg, VA 22406 fr; <L \--. w9 , ,,/c ~c) '-'J:~ DC i. 6:: UO- :::l tLl u-:r: j:- ~ j ~ ~ ~ c;, ~~ "::,(, i ~. !~~:~ ~~i-. ::c _. \ -. a.. ':~l -)-- ...~~~ .1 \- ,,~jCu ~.'f) D._ ~5 r- :s g (.) (-..I o r- ('-.I 0:;: ..c.c ::t: ili IN THE COURT OF COMMON PLEAS ili OFCUMBERLANDCOUNTY ili ili PENNA. STATE OF SHANNON L. MANDERBACH, ili ili ili Plaintiff No. 2004-2704 VERSUS ERIC J. MANDERBACH, Defendant ili DECREE IN DIVORCE Ml>>cfL. 21 AND NOW, Z00,71T IS ORDERED AND DECREED THAT SHANNONL.MANDERBACH ili ili ili ili ERIC J. MAND~RRACH AND ili ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REcolq IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; vOlA.e. THE STIPULATION AND AGREEMENT REACHED BY THE PARTIES BEFORE THE MASTER ON MARCH 6, 2007, A COPY or 't\'t~ICH IS ATTACHED HERETO, IS INCORPORATED INTO, BUT SHALL NOT MERGE WITH, T ili ili ATTES2t~~ ili ili ili ili ili ili ili ili ili ili ili PROTHONOTARY ili ili ili ili ili ili ili J. . +k ~ ~~ LO, IC" [' o/"'tl r $- ~ ~ . f'1l Lo.!ie' f' -" ,," . '~ . 4"'. '.. . .; ).d" " INCOME WITHHOLDING FOR SUPPORT 10 ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT ywo /\4�� 1 D/o/ -7 QA�wsu�O _ _____� {) ow----—oemwoncsronu/mpsuwpAvmEwr ,Oct-1- 0 J-cLLO TERMINATION OF IWO ' 0/L_D/L C)U\/ Date: 08m4/14 O ChiJd Support Enforcement (CSE) Agency gCoun OAttorney O 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 motructiormhttp:0vmww.mcf.hhsgowpmg,annnicse/fnrmo/OMB'097O'O154 instructions.pdf). If you receive (his document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. Commonwealth of Pennsylvania CUMBERLAND pnvote|nmvmval/Enoty Remittance Identifier (include w/payment): 7227101373 Order Identifier: (See Addendum for order/docket information) CSE Agency Case Identifier: (See Addendum for case summary) CIRCLE CIC PRIME CORPORATJONS CIO DBA PAPA JOHNS 931 MARKET ST LEMOYNE PA 17043-1412 Employer/Income VVithholder's FEIN 611261983 Child(renys Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: MANDERBACH, ERIC J. Name (Last, First, Middle) 164-52-4312 EmpIoyee/Obgor's Social Security Number (See Addendum for plaintiffnames associated with cases on attachment) Custodial Party/Obligees Name (Last, First, Middle) NOTE: This IWO musueregular onits face. Under certain circumstances yau must reject this IWO and return it to the sender (see IWO instructions hoo:x,mw.om. hhs.gov/programs/cse/forms/ omo'ooro'o^s* instructions pul).nyou receive this document trom someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. 6112619830 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This documertt is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by Iaw to deduct these amounts from the employee/ obligors income until further notice. 468.00 per month in current child support 50.00 per month in past-cfue child support - Arrears 0.00 per month in current cash medical support 0.00 per month in past -due cash medical support 0.00 per month in current spousal support 275.00 per month in past -due spousal support 0.00 per month in other (must specify) 12 weeks or greater? for a Total Amount to Withhold of $ 793.00 per month. rv �� c + CI) AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Onder. InformMon. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: � 18S0per weekly pay period. 396.50 per semimonthly pay period (twice a month) � 36(.00 per biweekly pay period (every two weeks) $ 793.00 per monthly pay period. Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the emb|ignr'aphnoipdp|aoeofump|oymontinvithin0he Commonwealth of Pennsylvania (StateiTribe), 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°/0 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 |imitadune, time requinementm, and any allowable employer fees at http://wmxw.ao[hhu.namo/coehnevvhireAamp|oyor/contaoto/onntact map. Pim for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No. 0970-0154 Form EN -028 11/13 Worker |O$|ATT ❑ Return to Sender [Completed by Employer/Income 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 fr 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): ` )4°"‘Sk)il Print Name of Judge/Issuing Official: M_L_ Ebert Jr Title of Judge/Issuing Official: Date of Signature: AUG 152014 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 IWO 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 EMPLOYERS/INCOME WITHHOLDERS 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. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/emoloyer/contacts/contact map.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 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. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to 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 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 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 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 employee/obligor because of this IWO. OMB Expiration Dale — 05/31/2014. 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 -028 11/13 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: CIRCLE 0/0 PRIME CORPORATIONS Employer FEIN: 611261983 EmployooK]b|igor'sName: MANDERBACH, ERIC J. 7227101373 CSEAgenoyCaoo|donhfinc(SenAddendum«nrnaoesummary) Ondar|donVfiar:/SoeAddendumfbrondoo/docket/nhonnabomV 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.SC. 1 673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligors 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 withho!d morethan the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholderswhureceive a8tate IWO,youmoyn�withholdmoroUhpnUho|emnorof thlimit byUhe|a*of theju�adiohon 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 Ionger withholding ncome for this employee/obtigor,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: 6112619830 0 This person has never worked for this employer nor received periodic income. [} This person oolonger works for this employer nor receives periodic income. Please provide the foUowing information for the employee/obtigor: Termination date: Last known phone number: Last knowri address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employerllncome Withhotder: If you have any questions, contactWAGE ATTACHMENT UNIT (Issuer nanie) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupport.state.pa.us. Send termination/income 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) byphone at(717)24U-6225.byfax at(717)24O-%248.byemail orwebsite atvmxwv.nhi|doupportstahs.00.uo. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB wz09mu/54 Page 3 of 3Worker ID $1ATT Form EN -028 11/13 ADDENDUM Summary of_Cases on Attachment DefendantlObligor: MANDERBACH, ERIC J. PACSES Case Number 048106657 Plaintiff Name SHANNON L. MANDERBACH Docket Attachment Amount 00734 S 2004 $ 518.00 Child(ren)'s Name(s): DYLAN JOHN MANDERBACH RYAN JOHN MANDERBACH PACSES Case Number 138114794 Plaintiff Name SHANNON L. MANDERBACH Docket Attachment Amount 04-2704 CIVIL $ 275.00 DOB Child(ren)'s Name(s): 02/19/99 03/01/01 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 Service Type M DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN -028 11/13 OMB No.: 0970-0154 Worker ID $IATT INCOME WITHHOLDING FOR SUPPORT Q ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) DYs D Eo l5-7 Q AMENDED IWO Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT O TERMINATION OF IWO -734- S a oby- 13$ ► l LI-76311.1- - I--7q1.1--- -v Date: 08(21/14 ❑ 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.gov/programs/cse/forms/OMB-0970-0154 instructions.pdf). 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. State/Tribe/Territory Commonwealth of Pennsylvania City/County/Dist./Tribe CUMBERLAND Private Individual/Entity Remittance Identifier (include w/payment): 7227101373 Order Identifier: (See Addendum for order/docket information) CSE Agency Case Identifier: (See Addendum for case summary) CIRCLE C/C PRIME CORPORATIONS C/O DBA PAPA JOHN'S 931 MARKET ST LEMOYNE PA 17043-1412 Employer/Income Withholder's FEIN 611261983 Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) RE: MANDERBACH, ERIC J. Employee/Obligor's Name (Last, First, Middle) 164-52-4312 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name (Last, First, Middle) 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/programs/cse/forms/ OMB -0970-0154 instructions.pdf). 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. 6112619830 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 fro obligor's income until further notice. 0.00 per month in current child support 0.00 per month in past -due child support - Arrears 12 weeks or greater? 0.00 per month in current cash medical support 0.00 per month in past -due cash medical support 0.00 per month in current spousal support 0.00 per month in past -due spousal support 0.00 per month in other (must specify) 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 htto://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No.: 0970-0154 Form EN -028 11/13 Worker ID $IATT ❑ Return to Sender [Completed by Employer/Income 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): Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: M.L. Ebert, Jr. AUG 2 2 7114 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 IWO must be provided to the employee/obligor. 0 If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS 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. State -specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhi re/employer/contacts/contact_map. 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 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. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to 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 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 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 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 employee/obligor because of this IWO. OMB Expiration Date — 05/31/2014. 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 -028 11/13 Service Type M Page 2 of 3 Worker ID $IATT .� Employer's Name: CIRCLE C/CPRIME CORPORATIONS Employer FEIN: 811281QO3 Employee/Obligor's Name: MANDERBACH, ERIC J. 7227101373 CSE Agency Case Identifier: (See Addendum for case summary) Ondnr|denUhec(SeeAddendu/nfbrurder/dockat/nfbrnation) 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, Iocal 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 Tribaorders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal withholders who receive a State IWO, 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 STATUor 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: 6112619830 {} This person has never worked for this employer nor received periodic income. (� This person no Ionger 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/TribaI Payee: Final PaymenAmount: 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.us. Send termination/income 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) byphone ot(717)24U'G325.byfax at(717)24U'W248.byemail orwebsite atvwxmv.uhi(dsupportotote.pauo. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.: 0970-0154 Service Type M Page 3 of 3Worker ID $1ATT Form EN -028 11/13 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MANDERBACH, ERIC J. PACSES Case Number 048106657 Plaintiff Name SHANNON L. MANDERBACH Docket Attachment Amount 00734 S 2004 $ 0.00 Child(ren)'s Name(s): DYLAN JOHN MANDERBACH RYAN JOHN MANDERBACH PACSES Case Number 138114794 Plaintiff Name SHANNON L. MANDERBACH Docket Attachment Amount 04-2704 CIVIL $ 0.00 DOB Child(ren)'s Name(s): 02/19/99 03/01/01 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 Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): Addendum OMB No.: 0970-0154 Form EN -02$ 11/13 Worker ID $IATT