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HomeMy WebLinkAbout02-0627JANET SCHEIB vs. STEVEN SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA NO. Q? . (cal `- IU ? l,? l CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, One 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, PA 17013 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JANET SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 6? 1 ?o -47 C I Ut ??1LYf? STEVEN SCHEIB CIVIL ACTION - LAW ` Defendant IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JANET SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Oa- STEVEN SCHEIB CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Janet Scheib, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: I1• Plaintiff is Janet Scheib, an adult individual who temporarily resides at 2477 11th Avenue SW, Largo, Florida 33770. 12. Defendant is Steven Scheib, an adult individual who currently resides at 225 Maple Lane, Mechanicsburg, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 9, 1993 at Harrisburg, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. There are no children born of the marriage. lE Plaintiff has been advised that counseling is available and MEYERS, DESFOR, SALTZGIVER a BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236.2817 that plaintiff may have the right to request the court require the parties to participate in counseling, being so advised Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Janet Scheib respectfully requests (this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNT I INDIGNITIES 10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully set forth herein. 11. The grounds upon which this action is based are indignities pursuant to Section 3301(a)(6) of the Divorce Code. During the marriage, Defendant has committed such indignities against Plaintiff so as to make her life burdensome and intolerable. 12. Plaintiff requests the Court issue a Decree in Divorce based upon indignities pursuant to section 3301(a)(6) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable -ourt issue a Decree in Divorce divorcing her from the bonds of natrimony pursuant to Section 3301(a)(6) of the Divorce Code. 4 Ii MEYERS, DESFOR, SALTZGIVER a BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 COUNT II EQUITABLE DISTRIBUTION 13. Paragraphs one through twelve of the Complaint are incorporated by reference as if fully set forth herein. 14. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. X15. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all property, both real and personal, tangible and intangible, acquired by the parties during their marriage. COUNT III ALIMONY PENDENTE LITE SUPPORT, UNSEL FEES AND EXPENSES 16. Paragraphs one through fifteen of the Complaint are incorporated by reference as if fully set forth herein. 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel, and the payment of costs. -8. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and 5 II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX (717) 236-2817 unable to appropriately maintain herself during the pendency of this action. 19. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorneys, fees and the costs of this litigation. 20. Defendant has adequate earnings to provide support and alimony pendente lite for the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT IV ALIMONY 21. Paragraphs one through twenty of the Complaint are incorporated by reference as if fully set forth herein. 22. Plaintiff lacks sufficient property to provide for her reasonable needs. 23. Plaintiff is unable to sufficiently support herself through appropriate employment. 24. Defendant has sufficient income and assets to provide continuing support and to pay alimony to Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable 'ourt compel Defendant to pay alimony to Plaintiff. 6 MEYERS, DESFOR, SALTZGIVER I BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 COUNT V INSURANCE PROTECTION 25. Paragraphs one through twenty-four of the Complaint are incorporated by reference as if fully set forth herein. 26. Defendant has acquired existing policies of life insurance during the marriage over which the Defendant has effective control. 27. Plaintiff believes, and therefore avers, that Plaintiff is the designated beneficiary of said insurance policies. 28. Defendant has the exclusive power to cease maintenance or change the beneficiary of the insurance policy without the consent of the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable (Court compel the continued maintenance of any life insurance (policies over which the Defendant has effective control and the (continued designation of the Plaintiff as the beneficiaries Ithereof. Respectfully) syhm`ted, Laurie A7 Sal givery?j Esqu MEYERS, DESFOR SALTZGIVER & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Plaintiff 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 VERIFICATION I, Janet Scheib verify that the statements made in this Complaint in Divorce 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. Section 4904, relating to unsworn falsification to authorities. Dated: 2/4/02 X ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 , r N c co ?c V N c + 1 f"j r~ t J to _ ? ILI Z t_ N p Z? i? F- tb M cv ?. L= W J } 0 m > w w t w d i J LL a o x O U) a m j _ O (0 g o o o (n LL o a U e W = H W } W JANET SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-627 I STEVEN SCHEIB CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE (COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAuPF/SN ) I, ToI-!N SAMGgiUrTO hereby certify that on FFdRUA-Ry 8 , 2002, a certified copy of the Complaint in Divorce was personally served on the Defendant, Steven Scheib, and the same was received by him on FE&2UA2Y 8 2002. A-T 8:oo A-m. / 1??Z / / ,6 Sworn to and subs ribed before me this f? day of - Lvwr IV, 2002. otary Public Norodal Sal wgDuaeniell P. R N nPubGlicun y M Commfedon iews Dec .4. y Member.PeIYrylva MANDC OanafPlOYINi MEYERS, DESFOR, SALTZGIVER a BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 C7 0 ,?., C rv '?: Fri C.:. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION JANET F. SCHEIB ) Docket Number 02-627 CIVIL Plaintiff ) VS. ) PACSES Case Number 028104451 /D31660 STEVEN D. SCHEIB ) Defendant ) Other State ID Number AND NOW, to wit on this 5TH DAY OF AUGUST, 2002 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE CLAIM filed on APRIL 17, 2002 in the above captioned matter is dismissed without prejudice due to: AN ORDER OF SPOUSAL SUPPORT BEING ENTERED UNDER DOCKET NO. 95 S 2002 AND PACSES C#777104227. ® The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RJ Shadday xC: plaintiff defendant Laurie Saltzgiver, Esquire Samuel Andes, Esquire R4 ;: ?? ..1' -Da- Service Type M J. /G/ L4 ley O: Jr. JUDGE Form OE-506 Worker ID 21005 O,e/& C7 p ru I Z i TI IANET SCHEIB : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-627 STEVEN SCHEIB CIVIL ACTION - LAW Defendant IN DIVORCE OF JANET SCHEIB MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 A.A. MILO Ov+ -- Marital Residence 225 Maple Lane Mechanicsburg, PA parties transferred to Husband Parties split equity $10,000.00 cash to wife MarlLai Cz.uyc X Amerus Life Insurance policy (H) Colonial Life Insurance (W) 1997 Cadillac Transferred to Wife $4,000.00 on trade- in 1994 GMC truck Transferred to Husband Moving truck 2001 Isuzu 16, bed American Express Mutual Funds (W) American Express Mutual Funds (H) American Funds IRA 3/28/02 $142,939.00 and IRA/SEP (H) American Funds IRA/rollover and IRA/SEP (W) Fulton Bank checking account #3219-23035 (J) Fulton Bank checking account #3621-41976 (J) PSECU checking and savings account (J) iture and u Wife left majority ishings [ ] in marital residence estate business R e al .1 Te1?f e 1161. 1 4.01 Fleet Platinum 12/24/01 $14,103.78 Credit Card #4305500085367277 (H) AT&T Credit Card #5491130306487604 (W) Providian VISA Platinum Card (J) MBNA Credit Card #5490994500019690 First USA Mastercard #5417122665315816 (J) South West Airlines VISA PSECU VISA (H) VERIFICATION I, Janet verify that the statements made in this Inventory of Janet Scheib are true and correct to the be of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ( ) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • RO. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 2:36-2817 c (fr " v J ? 71 i :J 1J JANET SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVA VS. NO. 02-627 STEVEN SCHEIB CIVIL ACTION - LAW Defendant IN DIVORCE INCOME & EXPENSE STATEMENT OF JANET SCHEI.B Submitted by: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle Date: April 10, 2002 Full Name of Client: Janet Fetterman Scheib Age: 48 Present Address of Client: c/o Robert Fetterman 2477 11th Avenue SW Largo, FL 33770 Telephone Number: - Home 727-581-5147 - Work Name of Employer: N/A Employer's Address: Length of Service with this Employer: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Pay period (weekly, bi-weekly, etc.) N/A INCOME ANNUAL FIGURES P Gross Pay: $ $ Deductions: Federal: F.I.C.A.: State Income Tax: Local Income Tax: Hospital/Medical Insurance: Life Insurance: Pension/Profit Sharing: Credit Union: Savings Bonds: Other: (Specify) TOTAL DEDUCTIONS: NET PAY PER PERIOD: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 OTHER INCOME: None (Fill in appropriate column) MONTHLY YEARLY Interest: Dividends: Pension: Annuity: Social Security: Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Worker's Compensation: Other: (Specify) TOTAL OTHER INCOME: $ $ $ TOTAL NET INCOME: $ $ $ TOTAL NET & OTHER INCOME: $ $ $ MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 EXPENSES: MONTHLY YEARLY Mortgage/rent 661.00 7,932.00 Maintenance Utilities: Electric 100.00 1,200.00 Gas Oil Water & Sewer 20.00 240.00 Trash 20.00 240.00 Telephone 30.00 360.00 Employment: Public Transportation Lunch 151.67 1,820.00 Taxes: Real Estate Personal Property Income Insurance: Homeowners (Rental) 20.25 243.00 Automobile 128.00 1,536.00 Life Accident Other Automobile: Payments Fuel 150.00 1,800.00 Repairs 83.33 1,000.00 Tires 41.67 500.00 Licensing & Registration 15.00 180.00 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX (717) 236-2817 EXPENSES: Medical: MONTHLY YEARLY Doctor 20.83 250.00 Dentist 25.00 300.00 Orthodontist Hospital Medicine 55.00 660.00 Special needs (glasses, braces, etc.) Education: Private School Parochial School College Religious Real Estate Classes, 166.67 2,000.00 Licensing and Board of Realtors Fees Personal: Clothing 208.33 2,500.00 Food 300.00 3,600.00 Barber/Hairdresser 45.00 540.00 Credit Payments: Credit Cards 500.00 6,000.00 Charge Accounts Other (Specify) Memberships: Professional fees: 100.00 1,200.00 Loans: Credit Union MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 2136-2817 EXPENSES: MONTHLY YEARLY Business Expenses: Remax 1,050.00 12,600.00 Gas & Auto 150.00 1,800.00 Advertising 700.00 8,400.00 Mail 50.00 600.00 Film 150.00 1,800.00 Office Supplies 150.00 1,800.00 Cell phone 100.00 1,200.00 Miscellaneous: Household help Child care Papers/books/magazines Entertainment 250.00 3,000.00 Pay television 50.00 600.00 Vacation 333.33 4,000.00 Legal fees 291.67 3,500.00 Charitable contributions 83.33 1,000.00 Other child support Alimony payments Gifts (Christmas and 50.00 600.00 birthdays) Other: Drycleaning 40.00 480.00 TOTAL EXPENSES: $6,290.C8 $75,481.00 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX(717)236-2817 VERIFICATION I, Janet Scheib verify that the statements made in this Income & Expense Statement are true and correct to the bes of my knowledge, information and belief. I understand that f statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 4/10/02 Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r`. ?. n?, ., - _ ,,_ _ _ G? - ?; - ^?% ' __ j+T I - .{> 7 JANET SCHEIB, vs. STEVEN SCHEIB, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-627 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this day of October, 2004, upon consideration of the attached motion, the subpoena issued by the Plaintiff in this matter and served upon Tammy Troup is hereby quashed and the said Tammy Troup is excused from appearing at the master's hearing. BY THE COURT, J. Distribution: Laurie A. Saltzgiver, Attorney for Plaintiff, P.O. Box 1062, Harrisburg, PA 17108 Samuel L. Andes, Attorney for Defendant, 525 N. 12 th Street, Lemoyne, PA 17043 JANET SCHEIB, 1 IN THE COURT OF COMMON PLEAS Plaintiff 1 OF CUMBERLAND COUNTY, 1 PENNSYLVANIA 1 VS. 1 CIVIL ACTION - LAW STEVEN SCHEIB, 1 1 NO. 02-627 CIVIL TERM Defendant 1 IN DIVORCE MOTION TO QUASH SUBPOENA AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the Court to quash a subpoena issued to Tammy Troup, based upon the following; 1. The moving party herein is the Defendant. The responding party is the Plaintiff. 2. This matter is scheduled for a hearing before the Master, on the parties' economic claims, for Wednesday, 13 October 2004, and Thursday, 14 October 2004. The Master has made it clear to the parties that all testimony must be concluded on those two days. 3. Plaintiff has raised a claim for alimony and advised the Master and Defendant that she intends to present evidence of the Defendant's alleged marital misconduct in support of that claim. As a result, the Master has required both parties to identify the witnesses they will call at the hearing and to describe briefly the nature and substance of their testimony. 4. In apparent compliance with the Master's direction, Plaintiff's counsel has submitted a list of her witnesses to the Master by a letter dated 10 September 2004. A copy of that letter is attached hereto and marked as Exhibit A. 5. Subsequent to her letter to the Master, counsel for Plaintiff identified the witnesses she intended to call at the hearing, in a letter dated 28 September 2004, to Defendant's counsel. In that letter she identified the same four fact witnesses. A copy of that letter is attached hereto and marked as Exhibit B. 6. Nowhere in her list of witnesses or in her other pre-hearing disclosures did Plaintiff or her counsel identify a witness named Tammy Troup or describe what the testimony from that witness might be. 7. On Monday, 11 October 2004, Defendant learned that his friend, Tammy Troup, had been served with a subpoena issued by Plaintiff's counsel. Plaintiff and her counsel have not advised Defendant, Defendant's counsel, or Tammy Troup, the purpose of the subpoena or the subject of the proposed testimony from Ms. Troup. 8. Tammy Troup has no direct knowledge of any of the claims in this case, particularly any alleged marital misconduct by either of the parties prior to the (late of their separation. 9. Defendant believes that the subpoena served upon Tammy Troup is not intended to produce useful or genuine testimony but is simply an effort to harass, annoy, and otherwise disturb Defendant. 10. The subpoena issued and served upon Tammy Troup by Plaintiff and her counsel should be quashed for the following reasons: A. Ms. Troup was not identified as a witness to testify at the master's hearings as required by the master's directives. B. Plaintiff and her attorney have never complied with the Master's directions by describing any testimony that they would offer from Tammy Troup; and C. The subpoena served upon Tammy Troup was not served, and she will not be called as a witness, in good faith; and D. Tammy Troup has no relevant or material evidence or testimony to offer in the hearing before the Master. WHEREFORE, Defendant moves this Court to quash the subpoena issued to Tammy Troup and excuse her from appearing at the Master's hearing. Samuel L. An dei? Attorney for Defendant Supreme Court ID 17225 525 North 12m Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE:- / 0//2/0Y C ± S a Samuel L. Andes CERTIFICATE OF SERVICE I hereby certify that on 12 oCTo8P,2 2004, 1 served a copy of the foregoing document upon counsel for Defendant by U.S. Mail, postage prepaid, addressed as follows: Laurie A. Saltzgiver, Esquire P.O. Box 1062 Harrisburg, PA 17108 Sa el L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 LAW OFFICES MEYERS, DESFOR, SALTZGIVER S. E30YLE 410 NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS 0915-1970) HARRISBURG, PA. 17108 BRUCE 0. DESFOR (717) 236-9428 LAURIE A. SALTZGIVER CATHERINE A. BOYLE September 10, 2004 E. Robert Elicker, II, Esquire 9 N. Hanover Street Carlisle, PA 17013 RE: Janet Scheib v. Steven Scheib No.: 02-627 Dear Master Elicker: FAX (717) 2362a 17 WEBSITE w .n"mdesfM.com EMAIL INItzglver0meyemdesfor.mm cb0yle0meyersdes1occom Pursuant to our prior agreement, please be advised that I intend to call the following witnesses on behalf of my client, Janet Scheib, at the upcoming Master's Hearing scheduled before you on October 13, 2004 and October 14, 2004. 1. Expert Witnesses: a. Gregory Crumling, CPA/ABV,CVA BEARD MILLER & COMPANY 221 West Philadelphia Street Suite E 200 York, PA 17404 (717) 846-7000 2. Witnesses: a. Bob Myers One East Eppley Drive Carlisle, PA 17013 (717) 258-5272 b. Denise Marshall 340 Peppercorn Square Enola, PA 17025 (717) 732-6926 C. Angie Miller RE/MAX Realty Professionals 4775 Linglestown Road Harrisburg, PA 17112 (717) 652-4700 ,- domov MEYERS, DESFOR, SALTZGIVER & BOYLE d. Bob Hamilton RE/MAX Realty Professionals 4775 Linglestown Road Harrisburg, PA 17112 (717) 652-4700 Also enclosed please find a copy of my client's 2003 income tax return. Thank you for your attention. Sincerely, LAS/vjh Laur ?Vg ver Enclosure cc: Samuel L. Andes, Esquire (w/enclosure) Janet Scheib (without/enclosure) LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS(1915-1970) HARRISBURG, PA. 17108 BRUCE D. DESFOR (717) 238-9428 LAURIE A. SALTZGIVER CATHERINE A. BOYLE September 28, 2004 VIA FAX & U.S. MAIL Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Re: Scheib v. Scheib Dear Sam: FAX (717) 236-2617 WEBSITE W W W.meyersdesfor.com EMAIL INtUgiverOmeyersdesfor.com cboyle®meyersdesfor.com As 1 previously advised, I intend to call the following witnesses on my client's behalf at the upcoming Divorce Master's Hearing. Following is a brief synopsis of what these witnesses will testify to. Denise Marshall was a former employee of the Scheibs. Denise will testify regarding Steve's interactions with Janet. She will testify that Steve was degrading and demeaning to Janet, that he yelled at her and ordered her around. Denise will testify regarding Steve's behavior and treatment of Janet in front of others. Angie Miller was a friend of Janet's and was employed as a receptionist at Re/Max when Steve and Janet worked there. Angie Miller will testify regarding her observations of Steve's treatment of Janet including belittling and yelling at Janet in front of others. Angie will testify that two weeks after Janet had surgery, Steve was yelling at her and behaving rudely towards her. Bob Hamilton is the broker at ReMax who Steve and Janet both worked for. Mr. Hamilton will testify regarding his observations of the interactions between the parties and Steve's behavior towards Janet. Bob Myers was a former employee of Janet and Steve's. Mr. Myers will describe Steve's volatile personality and his tirades directed towards Janet. Mr. Myers will also testify regarding Steve's threats towards Janet. Mr. Myers will describe how Steve ordered Janet around and ordered her to do things for him. MEYERS, DESFOR, SALTZGIVER 6 BOYLE Thank you for your attention. LAS/clk cc: Janet Scheib Sincerely, (_) YV_ _• L ( I J 'I`7 C'; ? ? I_ -ill fnJ r ) f, 4 .) _ ?,t ` b JANET SCHEIB, Plaintiff VS. STEVEN SCHEIB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVIL ACTION - LAW NO. 02-627 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this day of October, 2004, upon consideration of the attached Motion to Quash Subpoena, a conference is hereby scheduled before the undersigned, in chambers, for o'clock _.m. on , the day of October, 2004. BY THE COURT, J. Distribution: Laurie A. Saltzgiver, Attorney for Plaintiff, P.O. Box 1062, Harrisburg, PA 17108 Samuel L. Andes, Attorney for Defendant, 525 N. 12`" Street, Lemoyne, PA 17043 1 1 Cdv m C70-?', ?ap-Q j ?10 ljqC7 ; ? - , , , -? -- -1? .,? 717-761-1435 SAM ANDES JANET SCHEIB, Plaintiff VS. STEVEN SCHEIB, Defendant 457 P01 DCT 13 '04 12:51 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW NO. 02-627 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 11.. ?AhCoomplaint in Divorce under Section 3301(c) of the Divorce Cod w filed on and was served upon the Defendant on or about a b Q O 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) have elapsed from the date of filing of the complaint and the date of service of the laint on the Defendant. 3, 1 consent to the entry of a final decree in divorce either after service of a Notice of :ion to Request Entry of the Decree or upon filing of my Waiver of the Notice of :ion to Request Entry of the Decree. 4. 1 have been advised of the availability of marriage counseling and understand that Court maintains a list of marriage counselors and that I may request the Court to require spouse and I to participate in counseling and, being so advised, do not request that the in require that my spouse and I participate in counseling prior to the divorce becoming I verify that the statements made in this Affidavit are true and correct and I tand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. CL?--- ATE JJAT SCHEIEt N f? C, j I ? 717-761-1435 SAM ANDES JANET SCHEIB, Plaintiff vs. STEVEN SCHEIB, Defendant 457 P03 OCT 13 '04 12:51 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 CIVIL. ACTION - LAW 1 NO. 02-627 CIVIL TERM ) IN DIVORCE AFFIDAVIT OF CONSENT; 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on and was served upon the Defendant on or about 6 Feb 200 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) have elapsed from the date of filing of the complaint and the date of service of the on the Defendant. 3. 1 consent to the entry of a final decree in divorcee either after service of a Notice of ntention to Request Entry of the Decree or upon filing of my Waiver of the Notice of to Request Entry of the Decree. 4. 1 have been advised of the availability of marriage counseling and understand that Court maintains a list of marriage counselors and that I may request the Court to require spouse and I to participate in counseling and, being so advised, do not request that the urt require that my spouse and I participate in counseling prior to the divorce becoming al. I verify that the statements made in this Affidavit are true and correct and I tend that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 13 S° I ? TE STEVEN SCHEIB n C7. .7: Ui -- 7 l S Ln n L_ -i ? ' O 717-761-1435 SAM ANDES JANET SCHEIB, Plaintiff VS. STEVEN SCHEIB, Defendant 457 P02 OCT 13 '04 12:51 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW NO. 02-627 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RIEQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, is fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the and that a copy of the decree will be sent to me immediately after it is filed with the I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of IS Pa. C.S. Section 4904 to unsworn falsification to authorities. l 3- J C J VT SCHEIB fl ry i1 t 1 to ?' -c7l'r; C7 717-761-1435 SAM ANDES JANET SCHEIB, Plaintiff Vs. STEVEN SCHEIB, Defendant 457 P04 OCT 13 '04 12:52 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) 1 CIVIL. ACTION - LAW 1 NO. 02-827 CIVIL TERM 1 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO PIEOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ell OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree Is entered by the and that a copy of the decree will be sent to me immediately after it is filed with the I verify that the statements made in this Affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 sting to unsworn falsification to authorities. O?fo?eF l3, 2oo4t sta? STEVEN SCHEIB r•? ?? _ . . i'1 z. ? .y ? ? Ci ?f_-n ???_ 'cr r?? - ; ?. ?'` =- -' I'V i "i C7 -. JANET SCHEIB, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - (527 CIVIL STEVEN SCHEIB, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 51- Y41- day of 2004, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on October 13, 2004, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, 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. BY THE COURT, Geor H cc: ?A. Saltzgiver Attorney for r Plaintiff ?Samuel L. Andes > Attorney for Defendant YI na ' ? tea' 'i ?;?7 ?.:". _.?. {l.j"tea JANET SCHEIB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 627 CIVIL STEVEN SCHEIB, Defendant IN DIVORCE THE MASTER: Today is Wednesday, October 13, 2004. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Janet Scheib, and her counsel Laurie A. Saltzgiver, and the Defendant, Steven Scheib, and his counsel Samuel L. Andes. The divorce complaint was filed on February 5, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree later this afternoon so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be filed by the Master's office with the Prothonotary. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. The parties were married on July 9, 1993, and separated February 4, 2002 There were no children born of this marriage. 1 After extensive negotiations today, the Master has been advised that the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. 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 agreement is going to be transcribed and the parties can return later this afternoon to review the draft for typographical errors and then affix their signatures affirming the terms of settlement as stated on the record. However, the agreement as stated on the record will be the agreement that the parties are bound, to whether or not they sign it, when they leave the hearing room today. I have in the file, and I assume that counsel may refer to this in the context of the agreement, a document dated February 14, 2003, which apparently resolves some of the economic issues that were outstanding between the parties. That agreement can be incorporated into the final agreement of the settlement that you are going to state on the record today MR. ANDES: Mr. Andes. The parties have agreed to resolve all of the remaining economic issues in this case 2 and to conclude a divorce by consent on the following terms: 1. Husband shall transfer from his individual retirement account to wife's individual retirement account, in the form of a tax free roll over, the sum of $35,000.00. The parties will cooperate so that roll over can be accomplished as soon after the date of this agreement as possible. In the event that a QDRO or any other order of Court is required, the parties will cooperate to obtain the entry of that order promptly. 2. Husband shall pay alimony to wife as follows: a) The amount of alimony shall be $3,500.00 per month. That amount is not subject to modification at any time by any Court or any tribunal. b) The term of the alimony shall be for 48 consecutive months which shall start on the first day of November 2004. The term of the alimony shall end earlier upon the death of either party, upon wife's cohabitation with another man or upon wife's remarriage. c) The alimony payment shall be made through the Cumberland County Domestic Relations Office and shall be secured by an order entered by this Court pursuant to this agreement. d) The payments made pursuant to this paragraph shall be treated by both parties as alimony by which we mean that husband shall be entitled to deduct the payments and wife shall include those payments in her income. e) Husband shall designate wife as the beneficiary of a policy of insurance on his life which now exists in an amount equal to the remaining balance due under the alimony provisions of this agreement and shall maintain that insurance, with a declining balance, as long as he is obligated to pay alimony hereunder so that the insurance will provide a death benefit equal to the remaining term of alimony calculated pursuant to this paragraph. Husband shall provide to wife at least annually written confirmation that the policy is in effect and remains in effect. 3. All other assets accrued by the parties during the marriage have either been divided by the agreement signed by the parties on 14 February 2003, the terms and provisions of which are hereby ratified by the parties, or have previously been divided by the parties. In that regard, husband waives any claim to or interest in any marital asset now in wife's 3 possession or received or retained by wife at or after the date of separation. Wife hereby waives any interest in or claims to any marital asset in husband's possession, whether in his possession now or removed or :retained at the time of separation. Wife specifically waives any interest in or claim against any business, including husband's real estate sales business, which husband owns or has owned since the time of separation. 4. The parties are involved in a spousal support action before the Domestic Relations Office of this Court. That action shall terminate absolutely on the 31s of October 2004, after which the alimony payments shall commence pursuant to this agreement. Wife shall notify the Domestic Relations Office that she has withdrawn her pending petition for modification and all arrears under the order will be stricken. 5. All other economic claims, including any further claim to alimony, spousal support or alimony pendente lite, equitable distribution, counsel fees, costs and expenses, are hereby waived by each of the parties. The parties acknowledge that they have been represented by counsel for a period in excess of two years; that they and their attorneys have engaged in extensive discovery and the exchange and disclosure of financial and other information; that they have engaged in these proceedings before the Master, and that they are satisfied that they have sufficient information to make this agreement based upon the information they have received and their understanding of the law of Pennsylvania. Being so aware, they waive any further economic claims which have been raised or could have been raised in this divorce action and release the other party from any further claim or liability arising out of their marriage. 6. 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. 4 7. The parties will file no later than tomorrow affidavits of consent and waivers of notice so that they can conclude the divorce action pending between them on or before the first day of December 2004. Wife's attorney shall prepare and file a praecipe to transmit the record and counsel for both parties shall file any praecipes or other documents reasonably required to withdraw any pending claims so that the divorce decree can be entered on or before the first of December 2004. 8. This agreement shall be interpreted and applied and enforced by the Courts of and in accordance with the laws of the commonwealth of Pennsylvania. 9. Except as expressly set forth herein and in the agreement signed by the parties dated 14 February 2003, there are no agreements or arrangements between the parties relating to the subject matter of this agreement except as are expressly set forth herein and any other agreements, arrangements or understandings merge in this agreement and shall become null and void hereafter. THE MASTER: Upon receipt of the completed agreement, I will prepare an order to be presented to the Court vacating my appointment. Upon receipt of the signed order counsel can then file a praecipe transmitting the record to the Court in order to conclude the divorce. Mr. Andes, do you want to go on the record with your client. MR. ANDES: Mr. Scheib, did you hear what I dictated? MR. SCHEIB: Yes. MR. ANDES: Do you have any questions about it? MR. SCHEIB: No. MR. ANDES: Are you sure? 5 MR. SCHEIB: Yes. MR. ANDES: We have been here since 9:00 this morning, we have reviewed all of this, are you satisfied that you understand the agreement and is that what you are willing to do to settle the economic claims in this case? MR. SCHEIB: Yes. MS. SALTZGIVER: Mrs. Scheib, have you heard the agreement as stated on the record by Mr. Andes? MRS. SCHEIB: Yes. MS. SALTZGIVER: And do you understand that agreement as stated? MRS. SCHEIB: Yes. MS. SALTZGIVER: And does that agreement represent your final agreement regarding the equitable distribution and alimony and other pending issues pursuant to your divorce? MRS. SCHEIB: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 6 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. -- L M.\ r altze ver Attorney for Plaintiff &ei L. *Ane-;- Attorney for Defendant DATE: )et Scheib 13 C)J Z" Steven Scheib 7 WITNESS: JANET SCHEIB, Plaintiff vs. STEVEN SCHEIB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 627 CIVIL IN DIVORCE THE MASTER: Today is Wednesday, October 13, 2009. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Janet Scheib, and her counsel Laurie A. Saltzgiv=_r, and the Defendant, Steven Scheib, and his counsel Samuel L. Andes. The divorce complaint was filed on February 5, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree later this afternoon so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be filed by the Master's office with the Prothonotary. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. The parties were married on July 9, 1993, and separated February 4, 2002. There were no children born of this marriage. 1 After extensive negotiations today, the Master has been advised that the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. 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 agreement is going to be transcribed and the parties can return later this afternoon to review the draft for typographical errors and then affix their signatures affirming the terms of settlement as stated on the record. However, the agreement as stated on the record will be the agreement that the parties are bound to, whether or not they sign it, when they leave the hearing room today. I have in the file, and I assume that counsel may refer to this in the context of the agreement, a document dated February 14, 2003, which apparently resolves some of the economic issues that were outstanding between the parties. That agreement can be incorporated into the final agreement of the settlement that you are going to state on the record today. Mr. Andes. MR. ANDES: The parties have agreed to resolve all of the remaining economic issues in this case 2 and to conclude a divorce by consent on the following terms: 1. Husband shall transfer from his individual retirement account to wife's individual retirement account, in the form of a tax free roll over, the sum of $35,000.00. The parties will cooperate so that roll over can be accomplished as soon after the date of this agreement as possible. In the event that a QDRO or any other order of Court is required, the Parties will cooperate to obtain the entry of that order promptly. 2. Husband shall pay alimony to wife as follows: a) The amount of alimony shall be $3,500.00 per month. That amount is not subject to modification at any time by any Court or any tribunal. b) The term of the alimony shall be for 48 consecutive months which shall start on the first day of November 2004. The term of the alimony shall end earlier upon the death of either party, upon wife's cohabitation with another man or upon wife's remarriage. c) The alimony payment shall be made through the Cumberland County Domestic Relations Office and shall be secured by an order entered by this Court pursuant to this agreement. raph be treatedTby bothe parties made as pursuant alimony t by this which a we gmean thatl husband shall be entitled to deduct the payments and wife shall include those payments in her income. e) Husband shall designate wife as the beneficiary of a policy of insurance on his life which now exists in an amount equal to the remaining balance due under the alimony provisions of this agreement and shall maintain that insurance, with a declining balance, as long as he is obligated to pay alimony hereunder so that the insurance will provide a death benefit equal to the remaining term of alimony calculated pursuant to this paragraph. Husband shall provide to wife at least annually written confirmation that the policy is in effect and remains in effect. 3• All other assets accrued by the parties during the marriage have either been divided by the agreement signed by the parties on 14 February 2003, the terms and provisions of which are hereby ratified by the parties, or have previously been divided by the parties. In that regard, husband waives any claim to or interest in any marital asset now in wife's 3 possession or received or retained by wife at or after the date of separation. Wife hereby waives any interest in or claims to any marital asset in husband's possession, whether in his possession now or removed or retained at the time of separation. Wife specifically waives any interest in or claim against any business, including husband's real estate sales business, which husband owns or has owned since the time of separation. 9. The parties are involved in a spousal support action before the Domestic Relations Office of this Court. That action shall terminate absolutely on the 31st of October 2009, after which the alimony payments shall commence pursuant to this agreement. Wife shall notify the Domestic Relations Office that she has withdrawn her pending petition for modification and all arrears under the order will be stricken. 5. All other economic claims, including any further claim to alimony, spousal support or alimony pendente lite, equitable distribution, counsel fees, costs and expenses, are hereby waived by each of the parties. The parties acknowledge that they have been represented by counsel for a period in excess of two years; that they and their attorneys have engaged in extensive discovery and the exchange and disclosure of financial and other information; that they have engaged in these proceedings before the Master, and that they are satisfied that they have sufficient information to make this agreement based upon the information they have received and their understanding of the law of Pennsylvania. Being so aware, they waive any further economic claims which have been raised or could have been raised in this divorce action and release the other party from any further claim or liability arising out of their marriage. 6. 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. 4 7. The parties of will file consent and waivers of nono la than ticete the divorce so that tomorrow affidavits first divorce action pending between them on or beforenthede and file of December 2004. a praeci Wife's attorney shall L to transmit the record both parties shall file and prepare reasonab any praeci counsel for -r required to withdraw pes or other documents the divorce decree can be anY pending claims so that D=cemb_r 2004. entered on or before the first of a. Th; en-s agreement shall be interpreted and applied and forced by the Courts of and in accordance with the laws of the CO=Ionwealth of Pennsylvania. 9. Except as expressly set forth herein and in the agreement signed by the parties dated 14 February there are no agreements or arrangements between the relating to the subject matt= 2003, are gr of this a parties expressly set forth herein and an theragr except as arrangements or understandings any other agreements, shall become null and void her merge in this agreement and reafter. THE MASTER: Upon receipt of the completed agreement, I will prepare an order to be presented to the Court vacating my appointment. Upon receipt order of the signed counsel can then file a praecipe transmitting the record to the Court in order to conclude the divorce. with Mr. Andes, do you want to go on the record your client. dictated? it? MR. ANDES: Mr. Scheib, did you hear what I MR. SCHEIB: Yes. MR. ANDES: Do you have any questions about MR. SCHEIB: No. MR. ANDES: Are you sure? 5 MR. SCHEIB: Yes. MR. ANDES: We have been hers since 5:00 T•?•rnin•g this we have reviewed all of this, are 'you satisfied t'at You understand the agreement and is that what you are 11'hg to do to settle the e-concmic claims in this case? MR. SCHEIB: Yes. MS. SALTZGIVER: Mrs. Scheib, have you heard the agreement as stated on the record by Mr. Andes? MRS. SCHEIB: Yes. MS. SALTZGIVER: And do you understand that agreement as stated? MRS. SCHEIB: Yes. MS. SALTZGIVER: And does that agreement represent your final agreement regarding the equitable distribution and alimony and other pending issues pursuant to your divorce? MRS. SCHEIB: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 6 the T1-2thod.s and Procedures GT enforcement imposed by law and in particular sec- Which may be C_,..est ,c P.el;tions Cod-2. Section 3105 of the I'r_r ;c T -_ _ 4 _ ' _ rn- =r= °1 ir.=iff l 7es lendant Jane- Scheib J l= 5" 1 c1&4. Steven Scheib 7 •1 JANET SCHEIB Plaintiff vs. STEVEN SCHEIB Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 02-627 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following divorce decree: information, to the court for entry of a Divorce t • Ground for Divorce: irretrievable breakdown under Section 3301(c) of the 2. Date and manner of service of the Complaint: .4ffidavit filed on 1Y_42 that Complaint was ersonally served .,1, 11 of Service • nec 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff October ; by the defendant October 2 4. Related claims pending: No other claims are endin . 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 of the Divorce Code. (d)(1)(1) (b) Date plaintiffs Waiver of Notice in § 3301(c) Divorce .vas filed with the prothonotary: October 2004 Date defendants Waiver of Notice in § Prothonotary: October 10 14 1301(c) Divorce was filed with the NEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET P.O. BOX 1082 • HARRISBURG, PA 17108 (717) 2389428 • FAX (717) 2382817 ..., - -, , -,; ..., : ? f; - ? 4a 4a? 4o- 4o- ae aa? 4o- 4o- 4a . an• ato- •ato- as 4o attr 4a 4? 4e• 4a s•:4a• +a?:•ttx,:4r.:4a 4r 4a atx??rsq, IN THE COURT OF ?i COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Janet Scheib ............ 02 627 Pla nti..fr... Nt?...... .....-............ ?' Vcisns Steven ,Scheib ? ....Defendant... ... '? DECREE IN 1 DI VORCE AND NOW, ....C?.c.?.: . , , Z.7 ... • . • $$x . 20..4 it is ordered and decreed that ...........Janet, Scheib .... " " plaintiff, ? and .............. Atevan.Scheib........... . are divorced from the bonds of matrimony. defendant, d The court retains jurisdiction of the following claims which have fg been raised of record in this action for which a final order has not yet been entered; The transcript.•from the Masters Hearing dated ? hereby,.incor Prate Qctobe•13, x004 is P ?• •hut;. nQt. lggrge?l .berAin ................. . By The C u t: Attest: ^...?. O h.. 1 g ? Prothonotary ?I • j 4o- 40 4* 4o- 44 40 ao- 4o- 4e 4o- ao- ao- 40 4W 4* ---.:.._._._.._.,.- ,.__-_...-_. _..__._..,_.•% -3* Ore 4k% O/ 'a/ JANET SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-627 STEVEN SCHEIB CIVIL ACTION - LAW Defendant IN DIVORCE MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND FOR SANCTIONS AND COUNSEL FEES AND NOW, comes the Plaintiff, Janet Scheib, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Motion to Compel Production of Documents and for Sanctions and Counsel Fees and in support thereof avers as follows: 1. Movant is Janet Scheib, an adult individual residing at 1010 N. Swallowtail Drive, Apt. 1707, Port Orange, Florida. 2. Respondent is Steven Scheib, an adult individual residing at 225 Maple Lane, Mechanicsburg, Pennsylvania. 3. The parties were married on July 9, 1993. A Complaint in Divorce was filed on February 5, 2002. 4. On September 16, 2002, Movant forwarded a Request for Production of Documents to Respondent. (See Exhibit "A") 5. Said Request for Production of Documents was required to be answered within thirty (30) days. More than thirty (30) days have passed since the Request for Production of Documents was served on Respondent, and Respondent has not supplied answers to same. 6. Movant inquired regarding the status of the answers to her Request for Production of Documents on November 20, 2002. MEYERS, DESFOR, SALTZGIVER 4 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 M71 9'Yi_GA90 . =AV l71T - no.-, (See Exhibit "B") Movant advised Respondent that more than thirty (30) days had passed and that if the answers were not received within one week of that date that Movant intended to file a Motion to Compel Production of Documents with the Court, and request sanctions and counsel fees incurred. 7. In light of Respondent's failure to answer Movant's Request for Production of Documents, Movant requests this Honorable court order Respondent to provide the requested information within ten (10) days of the date of this Order, impose sanctions on Respondent, and order Respondent to reimburse Movant for her counsel fees incurred in filing the within Motion in the amount of $500.00. WHEREFORE, Movant requests this Honorable Court order Respondent to provide the answers to the Request for Production of Documents within ten (10) days of the date of this order, impose sanctions on Respondent, and order Respondent to reimburse Movant for her counsel fees incurred in the amount of $500.00. 3 MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 @ HARRISSURG, PA 17108 17171 9qR-WOR • FAY 17171 91t&_7047 Respectfully submitted, T r Lauri A, a ?tzc3"Verf quire MEYERS, DESFOR, ?ALTZGIVER & BOYLE Attorney I.D. #61382 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Movant MEYERS, DESFOR, SALTZGIYER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 17M P.1A-QAPA . FAX f71-A "A.90-17 I. EMANUEI. MEYERS (1918-1970) BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA. 17108 (717) 236-9428 FAX (717) 236-2817 WESSITE WWW.Rpymedestorcom EMAIL 1s8ftzg1V MWymedesfor.com cbovW0M ymsdesforcom September 16, 2002 Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Re: Scheib v. Scheib Lear Sam: My recent review of your client's information has raised an additional question regarding his financial information. Accordingly, enclosed please find a second Request for Production of Documents for service on your client. Thank you for your attention. LAS/clk Enclosure CC: Janet Scheib 1 Sincerely,\, n 1Lau1t g_v?r JANET SCHEIB VS. STEVEN SCHEIB Plaintiff: Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-627 CIVIL ACTION - LAW IN DIVORCE REOUEST FOR PRODUCTION OF DOCUMENTS TO: Steven Scheib - c/o: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 You are directed to produce the following items at the office of Meyers, Desfor, Saltzgiver & Boyle, 410 North Second Street, Post Office Box 1062, Harrisburg, Pennsylvania 17108, within thirty (30) days after service of this request: 1. Please provide copies of computer disks and/or any and all data files downloaded to computer disk for any and all underlying data files for any Quicken and/or Quickbooks programs used to maintain and/or summarize your personal and/or business income, expenses, and financial information from January 1, 1999 until present. MEYERS, DESFOR, SI.LTZGIVER BOYLE B 1.60 Y LAURIE AL I VE RE Attorney ID No. 61382 410 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff MEYERS, DESPOR, SALTIGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1082 - HARRISBURG, PA 17108 (7171236-9428 - FAX (7171 236.2817 JANET SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-627 STEVEN SCHEIB CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 16th day of September, 2002, that - the foregoing Request for Production of Documents was mailed, first-class, postage pre-paid to: Steven Scheib c/o: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyn , PA 17043 i ? 1 Laurie A. %az gi v r, Attorney for Plain iff MEYERS, DESFOR, SALTZGIVER L BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236.9428 • FAX (717} 236-2817 I. EMANUEL MEYERS 11915.1970) BRUCE D. DE5FOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREEY P.O. BOX 1062 HARRISBURG, PA. 17108 (717) 236-9428 FAX (717) 236-2817 WEBSITE www.meyemdestaxom EMAIL "tzgWer0meyersdesfor.com cboylsOm"ersdesfa com November 20, 2002 VIA FAX & U.S. MAIL Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 Re: Scheib v. Scheib Dear Sam: I previously forwarded a second Request for Production of Documents to your attention on September 16, 2002. More than thirty days has passed since the service of the request upon you and I have not received answers to same. Please forward the answers to the second Request for Production of Documents within one week, or by November 27, 2002, or I will file a Motion to Compel Production with the Court and seek sanctions and counsel fees incurred therefore. Thank you for your attention, Sincerely, Lau al z LAS/clk CC: Janet Scheib VERIFICATION I, Janet Scheib verify that the statements made in this Motion to Compel Production of Documents and for Sanctions and Counbel Feeare 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. Section 4904, relating to unsworn falsification to authorities. Dated: 17/5/07 C),AAD k4 -SoLa' ( Plaintiff ( ) Defendant IMEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 1; (717) 236-9428 • FAX(717)236-2817 JANET SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-627 STEVEN SCHEIB CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 5th day of December, 2002, that a copy of the foregoing Motion to Compel Production of Documents and for Sanctions and Counsel Fees was mailed, first-class, postage pre-paid to: Samuel L. Andes, Esquire 525 North Twelfth Street Lemo e, PA 17043 Lauri _t giv quire Attorney for Mtnt MEYERS, DESFOR, SALTZGIVER A BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9426 - FAX (7171236-2817 C.) C:) I^) Cr Ti C -j ?- Gt,_ ca -< JANET SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 02-627 STEVEN SCHEIB CIVIL ACTION - LAW Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, on this day of ?p Cr, 206 L, a Rule is hereby entered to show cause why, if any, the relief requested in the within Motion to Compel Production of Documents and for Sanctions and Counsel Fees should not be granted. Rule returnable 7,r) days from date of service. BY THE COURT: r? c r ` J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 238-9428 - FAX(717)236-2817 w e• 4 V t V I NYM'4?t Yj V3Q r-N ,..,_.. JANET SCHEIB IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02-627 STEVEN SCHEIB CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of , 20 , upon consideration of Plaintiff's Motion to Compel Production of Documents and for Sanctions and Counsel Fees, it is hereby Ordered that Defendant shall provide the requested information within ten (10) days of the date of this Order. Defendant is ordered to pay sanctions and to reimburse Movant for her counsel fees incurred in the amount of $500.00. BY THE COURT: J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17109 17171 236-9428 • FAX (7171 236.2817 G NOV 1 7 ?004 JANET SCHEIB, ) IN THE COURT OF COMMON Plaintiff ? PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW ) NO. 02-627 STEVEN SCHEIB, ) Defendant ) IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW this Zls day of P6, e 2004, upon the written agreement of the parties dated October 13, 2004, reached before the Master in this case, we find as follows: 1. Both parties are husband and wife and have asked this court, pursuant to their agreement, and in accordance with the domestic law of Pennsylvania, to enter a qualified Domestic Relations Order pursuant to Section 408 (d) (6) of the United States Internal Revenue Code in connection with the final decree of divorce to be entered in this matter. 2. The Defendant herein is the owner and participant in an individual retirement account with American Funds, identified as Account No. 6219-8352-01/05/06/07 (hereinafter "Plan") in which he had funds on deposit at the time of the parties' separation of approximately $135,500.00. The Defendant herein, Steven D. Scheib is the plan participant in said Plan and his address is 16 Simmons; Road in Mechanicsburg, Pennsylvania. 3. The Plaintiff herein, Janet Scheib, owns an individual retirement account with The American Funds, being identified as Account No. 67031402. The Plaintiff Janet Scheib is the alternate payee under this order and her address is 1 128 Hermitage Court in Port Orange, Florida 32129. 4. The trustee of the Plan is Capital Bank and 'Trust Company (hereinafter "Trustee"). 5. Plaintiff and Defendant have agreed that Defendant shall transfer from the Plan and into Plaintiff's individual retirement account, the :sum of Thirty-Five Thousand ($35,000.00) Dollars, said transfer to be made pursuant to a Domestic Relations Order entered in this action, and the parties wish to have this order entered so that the transfer can be made as a tax-free rollover transfer pursuant to the Internal Revenue Code. ..., l S 1 wd 33 AON hUDZ NOW, THEREFORE, based upon the above findings, the agreement of the parties, and the domestic law of the Commonwealth of Pennsylvania, we hereby order and direct as follows: A. Trustee shall, within thirty (30) days of service of a copy of this order, transfer and remove from the Defendant's individual retirement account and deposit into the individual retirement account of the Plaintiff, the sum of Thirty-Five Thousand ($35,000.00) Dollars. B. Plaintiff shall thereafter hold the funds and assets in accordance with the terms and provisions of her individual retirement account and shall not create or effect any transaction which would disqualify the Plan or any portion thereof, or any contribution made to the Plan made by Defendant, taxable to Defendant or which would render taxable to the Defendant the rollover transfer made pursuant to this order. C. Plaintiff shall fully comply with the requirements of the Internal Revenue Code and the regulations duly promulgated pursuant thereto, including, without limitation, Section 414 (p) (4) (A) (i) of the Internal Revenue Code and the regulations adopted thereunder. D. This order is intended to be and shall be treated as a Qualified Domestic Relations Order as defined by the United States Internal Revenue Code. It is the intention of this order, and this court, that the transfer of the assets made pursuant to this order shall be a tax-free rollover of retirement assets and not subject to income tax as a result of such rollover transfer. E. This court shall retain jurisdiction of this matter for purposes of implementation or modification of this order. BY THE COURT, J. V Distribution: Laurie A. Saltzgiver, Esquire (Attorney for Plaintiff) 410 North Second Street, Harrisburg, PA 17101 XAla,t . Samuel L. Andes, Esquire (Attorney for Defendant) //- -:2,2.O y 525 North 12t' Street, Lemoyne, PA 17043 I? JANET SCHEIB, Plaintiff VS. STEVEN SCHEIB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-627 IIV DIVORCE STIPULATION AND NOW come the above-named parties, by their attorneys who execute this Stipulation on their behalf and with their authorization, and request the court, pursuant to the terms of the Property Settlement Agreement reached by the parties before the Master on October 13, 2004, to enter the attached Qualified Domestic Relations Order. Laurie A. SaltYdiv r Attorney for Plaintiff Date: Q kl r I Sa`m . Andes Attorney for Defendant Date: 3 %a 2204 0 JANET SCHEIB Plaintiff vs. STEVEN SCHEIB Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PACSES No. - J1g K l ND - Od -6>7 &/v1L : CIVIL ACTION -.LAW ORDER FOR ALIMONY 1. Defendant shall pay to Plaintiff $3,500.00 per month as alimony. 2. The amount of this alimony shall not be modifiable. 3. The term of these alimony payments shall be for faur (4) years or forty-eight (48) consecutive months which shall commence on November 1, 2004. 4. The alimony payments shall also terminate earlier than forty-eight (48) consecutive months only upon the death of either party, or upon Wife's cohabitation or remarriage. 5. The alimony payments shall be made through the Cumberland County Domestic Relations Office. 16. These alimony payments shall be deductible to Defendant for income tax purposes, and shall be included as income to Plaintiff for income; tax purposes. 7. Defendant shall designate Plaintiff as the beneficiary of a policy of insurance on his life in an amount equal to the remaining balance due under the alimony provisions of this Order and shall maintain that insurance, with a declining balance, as long as he is obligated to pay alimony hereunder so that the insurance will provide a death benefit equal to the remaining term of alimony calculated pursuant to this paragraph. The initial death benefit on said life insurance shall be $168,000.00. Defendant shall MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 l e{ V 11 , !t ?i l n? i 91 ..... ; tip w provide to Plaintiff at least annually written confirmation that the policy is in effect and remains in effect. BY THE COURT O MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 JANET SCHEIB, vs. STEVEN SCHEIB, Plaintiff ) ) ) ) Defendant ) IN THE COURT OF COMMON PLEAS OF: CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-627 IN DIVORCE STIPULATION FOR ENTRY OF ORDER FOR ALIMONY AND NOW come the above-named parties, by their counsel, and stipulate and agree that the attached order for alimony shall be entered in this matter, to implement a portion of the property settlement agreement reached by the parties in this action. Laurlb *Y Sal1zgker Attorney for Plain 'tiff D?L Date: C Sa I L. Andes Attorney for Defendant Date: l z mo-'o 2XI104 rya --s rtr r; t= r-o w 0 .r [ c _-3 ?T? LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 1. EMAN U EL M EYERS (1915-1970) HARRISBURG, PA. 17108 BRUCE D. DESFOR (717) 236-9428 LAURIE A. SALTZGIVER CATHERINE A. BOYLE November 15, 2004 Curtis Long, Prothonotary CUMBERLAND COUNTY COURTHOUSE One Courthouse Square Carlisle, PA 17013 RE: Janet Scheib v. Steven Scheib NO: 02-627 Dear Mr. Long: FAX (717) 236-2817 WESSITE www.meprsdesforcom EMAIL IsalUgiver0meyersdesforcom cbovIe0meyersdesfor com Enclosed please find an original and four copies of an Order for Alimony along with a copy of the transcript from the Master's Hearing held on October 13, 2004. The pertinent portions of the agreement relevant to the alimony order are on page 3 of the Transcript from the Master's Hearing. Would you kindly provide the enclosed to a Judge for execution, conform the copies and return them to me in the enclosed, self-addressed, stamped envelope. Please note that the Defendant is represented by Samuel Andes, Esquire in this matter so I have enclosed an self-addressed, stamped envelope for him so that he may receive a copy of the Order directly. Thank you for your attention to this matter. Sincerely, Laurie A. Saltzgive LAS/clk Enclosures cc: Janet Scheib Samuel Andes, Esquire JANET SCHEIB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 627 CIVIL STEVEN SCHEIB, Defendant IN DIVORCE THE MASTER: Today is Wednesday, October 13, 2004. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Janet Scheib, and her counsel Laurie A. Saltzgiver, and the Defendant, Steven Scheib, and his counsel Samuel L. Andes. The divorce complaint was filed on_February 5, 2002, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree later this afternoon so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be filed by the Master's office with the Prothonotary. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. The parties were married on July 9, 1993, and separated February 4, 2002. There were no children born of this marriage. 1 After extensive negotiations today, the Master has been advised that the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. 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 agreement is going to be transcribed and the parties can return later this afternoon to review the draft for typographical errors and then affix their signatures affirming the terms of settlement as stated on the record. However, the agreement as stated on the record will be the agreement that the parties are bound to, whether or not they sign it, when they leave the hearing room today. I have in the file, and I assume that counsel may refer to this in the context of the agreement, a document dated February 14, 2003, which apparently resolves some of the economic issues that were outstanding between the parties. That agreement can be incorporated into the final agreement of the settlement that you are going to state on the record today. Mr. Andes. MR. ANDES: The parties have agreed to resolve all of the remaining economic issues in this case 2 and to conclude a divorce by consent on the following terms: 1. Husband shall transfer from his individual retirement account to wife's individual retirement account, in the form of a tax free roll over, the sum of $35,000.00. The parties will cooperate so that roll over can be accomplished as soon after the date of this agreement as possible. In the event that a QDRO or any other order of Court is required, the parties will cooperate to obtain the entry of that order promptly. 2. Husband shall pay alimony to wife as follows: a) The amount of alimony shall be $3,500.00 per month. That amount is not subject to modification at any time by any Court or any tribunal. b) The term of the alimony shall be for 48 consecutive months which shall start on the first day of November 2004. The term of the alimony shall end earlier upon the death of either party, upon wife's cohabitation with another man or upon wife's remarriage. C) The alimony payment shall be made through the Cumberland County Domestic Relations Office and shall be secured by an order entered by this Court pursuant to this agreement. d) The payments made pursuant to this paragraph shall be treated by both parties as alimony by which we mean that husband shall be entitled to deduct the payments and wife shall include those payments in her income. e) Husband shall designate wife as the beneficiary of a policy of insurance on his life which now exists in an amount equal to the remaining balance due under the alimony provisions of this agreement and shall maintain that insurance, with a declining balance, as long as he is obligated to pay alimony hereunder so that the insurance will provide a death benefit equal to the remaining term of alimony calculated pursuant to this paragraph. Husband shall provide to wife at least annually written confirmation that the policy is in effect and remains in effect. 3. All other assets accrued by the parties during the marriage have either been divided by the agreement signed by the parties on 14 February 2003, the terms and provisions of which are hereby ratified by the parties, or have previously been divided by the parties. In that regard, husband waives any claim to or interest in any marital asset now in wife's 3 possession or received or retained by wife at or after the date of separation. Wife hereby waives any interest in or claims to any marital asset in husband's possession, whether in his possession now or removed or retained at the time of separation. Wife specifically waives any interest in or claim against any business, including husband's real estate sales business, which husband owns or has owned since the time of separation. 4. The parties are involved in a spousal support action before the Domestic Relations Office of this Court. That action shall terminate absolutely on the 31st of October 2004, after which the alimony payments shall commence pursuant to this agreement. Wife shall notify the Domestic Relations Office that she has withdrawn her pending petition for modification and all arrears under the order will be stricken. 5. All other economic claims, including any further claim to alimony, spousal support or alimony pendente lite, equitable distribution, counsel fees, costs and expenses, are hereby waived by each of the parties. The parties acknowledge that they have been represented by counsel for a period in excess of two years; that they and their attorneys have engaged in extensive discovery and the exchange and disclosure of financial and other information; that they have engaged in these proceedings before the Master, and that they are satisfied that they have sufficient information to make this agreement based upon the information they have received and their understanding of the law of Pennsylvania. Being so aware, they waive any further economic claims which have been raised or could have been raised in this divorce action and release the other party from any further claim or liability arising out of their marriage. 6. 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. 4 7. The parties will file no later than tomorrow affidavits of consent and waivers of notice so that they can conclude the divorce action pending between them on or before the first day of December 2004. Wife's attorney shall prepare and file a praecipe to transmit the record and counsel for both parties shall file any praecipes or other documents reasonably required to withdraw any pending claims so that the divorce decree can be entered on or before the first of December 2004. 8. This agreement shall be interpreted and applied and enforced by the Courts of and in accordance with the laws of the Commonwealth of Pennsylvania. 9. Except as expressly set forth herein and in the agreement signed by the parties dated 14 February 2003, there are no agreements or arrangements between the parties relating to the subject matter of this agreement except as are expressly set forth herein and any other agreements, arrangements or understandings merge in this agreement and shall become null and void hereafter. THE MASTER: Upon receipt of the completed agreement, I will prepare an order to be presented to the Court vacating my appointment. Upon receipt of the signed order counsel can then file a praecipe transmitting the record to the Court in order to conclude the divorce. Mr. Andes, do you want to go on the record with your client. MR. ANDES: Mr. Scheib, did you hear what I dictated? MR. SCHEIB: Yes. MR. ANDES: Do you have any questions about it? MR. SCHEIB: No. MR. ANDES: Are you sure? 5 MR. SCHEIB: Yes. MR. ANDES: We have been here since 9:00 this morning, we have reviewed all of this, are you satisfied that you understand the agreement and. is that what you are willing to do to settle the economic claims in this case? MR. SCHEIB: Yes. MS. SALTZGIVER: Mrs. Scheib, have you heard the agreement as stated on the record by Mr. Andes? MRS. SCHEIB: Yes. MS. SALTZGIVER: And do you understand that agreement as stated? MRS. SCHEIB: Yes. MS. SALTZGIVER: And does that agreement represent your final agreement regarding the equitable distribution and alimony and other pending issues pursuant to your divorce? MRS. SCHEIB: Yes. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 6 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Laur'Tr'1M' Snl? ver Attorney f r Pl intiff 1 L. es Attorney for Defendant ,/'J et Scheib Steven Scheib 7 ?`' f. -11 ., ? 0 0 ? ? 3 JANET FETTERMAN (formerly JANET SCHEIB) Plaintiff VS. STEVEN SCHEIB Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-627 CIVIL ACTION -LAW IN DIVORCE AMENDMENT TO MARITAL SETTLEMENT AGREEMENT OF OCTOBER 13, 2004 The amendment, made this q ?h day of C)C-?u her , 2006, by and between Janet Fetterman (formerly Janet Scheib) of Port Orange, Florida, (hereinafter referred to as "Wife") and Steven Scheib of Harrisburg, Dauphin County, Pennsylvania, (hereinafter referred to as "Husband"). WHEREAS, the parties hereto are parties to a previous Marital Settlement Agreement entered on October 13, 2004 and subsequently incorporated but not merged into a Divorce Decree entered on October 27, 2004 in the Court of Common Pleas, Cumberland County, Pennsylvania. WHEREAS, the parties presently wish to amend their prior agreement of October 13, 2004 and to reduce their agreed amendment to writing. NOW, therefore, in consideration of the premises and mutual promises hereinafter set forth and for other good and valuable consideration, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. The Marital Settlement Agreement of October 13, 2004, paragraph 2, provides for payment of alimony. The parties agree that this provision shall be amended to provide that Husband shall make a lump sum alimony payment to Wife in the total amount of MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 t* $60,000.00. This $60,000.00 alimony payment shall be made to Wife in two installments of $30,000.00 each. The first $30,000.00 payment shall be made to Wife by no later than September 15, 2006. The second $30,000.00 payment shall be made to Wife by no later than January 5, 2007. Upon Husband's payment of $60,000.00 to Wife, and confirmation that these funds have cleared, all requirements that Husband pay alimony pursuant to said paragraph 2 shall terminate. 2. The parties shall execute a Stipulation for Entry of Order to Terminate Alimony which shall terminate the alimony order in the Cumberland County Domestic Relations Office as of August 31, 2006, when the lump sum payment is made to Wife on September 15, 2006. In the event that any alimony payments are forwarded to Wife after August 31, 2006, same shall be refunded to directly to Husband. 3. The remainder of the October 13, 2004 Marital Settlement Agreement, with the exception of paragraph 2 is unchanged by this amendment, and all other terms and conditions thereof are hereby reconfirmed by the parties hereto. To the extent of any inconsistency between the prior agreement and this amendment, the parties agree that this amendment shall supersede all inconsistent provisions of the prior agreement. IN WITNESS whereof, the parties have hereunto set their hands and seals the day and year first above-written. Wit s % J net Fetterman (formerly Janet Scheib) Witness Steven Scheib MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ra ?? 777, G ri?J :ate D 4451 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT OZ-627 G1111- State Commonwealth of Pennsylvania 0Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 11/01/06 0 Terminate Order/Notice Case Number (See Addendum for case summary) RE: SCHEIB, STEVEN D. Employer/Withholder's Federal FIN Number Employee/Obligor's Name (Last, First, MI) 176-48-7009 Employee/Obligor's Social Security Number HOMES OF CENTRAL PA INC 4426000345 4206 LINGLESTOWN RD Employee/Obligor's Case Identifier HARRISBURG PA 17112-1025 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0. oo per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0 . 00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ a . 00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use. the following to determine how much to withhold: $ 0 . o o per weekly pay period. $ o . oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 EmployeelObligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order. L?, a -??2 -i? PSG d?? 7 JUC? Form EN-0 Rev. " Service Type M OMB No.: 0970-0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required. to provide a copy of this form to your mployee. If yo r employee works in,a state that is different from the state that issued this order, a copy must be provi ed to your emplyoyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* R eporting the Payd'atue'Date of Withholding; You mustreport ther-paydateVate of withholding when sending the payiniflit. T! pagdat wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: if there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 1137183600 EMPLOYEE'S/OBLIGOR'S NAME: SCHEIB STEVEN D. EMPLOYEE'S CASE IDENTIFIER: 4426000345 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: if you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SCHEIB, STEVEN D. PACSES Case Number 028104451 Plaintiff Name JANET E. FETTERMAN Docket Attachment Amount 02-627 CIVIL $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 r? a ?'? `, ". ^. _ ?? .._.; . ?? i '-? '7"+. ...?_ 4 ?.?1.- ;? ? ,, r ,? _,?? Ii . ?' 3 ?-? ? JANET SCHEIB, Plaintiff/Petitioner VS. STEVEN SCHEIB, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 02-627 CIVIL TERM IN DIVORCE PACSES Case No: 028104451 ORDER OF COURT AND NOW to wit, this 18th day of December 2007, it is hereby Ordered that the Domestic Relations Section dismiss their interest in the above captioned Alimony matter pursuant to the parties private agreement. There is no balance due. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. Laurie A. Saltzgiver, Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: ti- AM ,r t'J W rt'? a