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HomeMy WebLinkAbout05-4375MADELINE L. HEICHEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW '/375 2005- CIVIL TERM TERRY D. HEICHEL, 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MADELINE L. HEICHEL, Plaintiff, V. TERRY D. HEICHEL, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 43 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND LD) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Madeline L. Heichel, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Terry D. Heichel, representing as follows: 1. The Plaintiff is Madeline L. Heichel, an adult individual residing at 2041/2 Twin Oak Street, Philipsburg, Centre County, Pennsylvania 16866. 2. The Defendant is Terry D. Heichel, an adult individual currently residing at 214 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on July 2, 1988 in Clearfield County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. fJ Dated: August ?, 2005 By: Respectfully submitted, IRWIN & McKNIGHT A. Mc i h I, Esquire Court I.D. No. 25476 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 MADELINE L. HEICHEL, Plaintiff, V. TERRY D. HEICHEL, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005- CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1, I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: .fpws7 a3, ?DOS` t MADELINE L. HEI HEL VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MADELINE L. HEICHEL Date: ,wwsT a ./ 00 s ll;?> v n .-Yl C s ? -t1 t. 77 MADELINE L. HEICHEL, Plaintiff, V. TERRY D. HEICHEL, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 4375 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce: was served upon the defendant, Terry D. Heichel on or about August 29, 2005, by certified, restricted delivery mail, addressed to him at 214 Meals Road, Carlisle, Pennsylvania 17013, with Return Receipt Number 7003 3110 0004 5770 6282. Receipt was received on August 30, 2005. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit true and correct. I understand that false statements herein made are subject to the penalties 18 Pa? S. Section 4904, relating to unsworn falsification to authorities. i 1 3 A. T&KNIGHT, III, ESQUIRE for Plaintiff Date: August 31, 2005 ni m fU .A 0 M1 M1 L+1 - I-C3 O O O rl rq m m 0 C3 M1 cn f.J -:i C;I ??t "I p MADELINE L. HEICHEL, Petitioner/Plaintiff V. TERRY D. HEICHEL, Respondent/Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-4375 CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes MADELINE L. HEICHEL, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The petitioner/plaintiff is Madeline L. Heichel who currently resides at 2041/2 Twin Oak Street, Philipsburg, Pennsylvania 16866. 2. The respondent/defendant is Terry D. Heichel who currently resides at 214 Meals Drive, Carlisle, Pennsylvania 17013. 3. Petitioner and respondent were married on July 2, 1988, in Clearfield County, Pennsylvania and were separated on August 8, 2005. 4. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, petitioner, Madeline L. Heichel, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. By: Date: September 20, 2005 Respectfully submitted, IRWIN & cKNI HT III, 60 est Pomfret Street Carlis 17013 Supreme Court I.D. No: 25476 (717) 249-2353 Attorney for the petitioner/plaintiff 2 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: V ` 3 N - Cn < s- 6T- V 0 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MADELINE L. HEICHEL ) Docket Number 05-4375 CIVIL Plaintiff ) vs. ) PACSES Case Number 1911o7699 TERRY D. HEICHEL ) Defendant ) Other State ID Number ORDER OF COURT You, TERRY D. HEICHEL plaintiff/defendant of 214 MEALS DR, CARLISLE, PA. 17013-3179-14 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 10, 2005 at 9 : ooAM for a hearing. You are further required to bring to the hearing: 1, a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 21302 HEICHEL V. HEICHEL PACSES Case Number: 191107686 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 19 ? J t/(/ " - JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 ?? n t ? „ O .?i ? ?, ?- - -1 ?? ?? ? . ?l _% r? i? - .. "'7 ??? ?? W ?j .. 7> "--,? ca ca In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MADELINE L. HEICHEL ) Docket Number 05-4375 CIVIL Plaintiff ) VS. ) PACSES Case Number 191107686 TERRY D. HEICHEL ) Defendant ) Other State ID Number ORDER OF COURT You, MADELINE L. HEICHEL plaintiff/defendant of 204 1/2 TWIN OAK STREET, PHILLIPSBURG, PA. 16866 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the NOVEMBER 10, 2005 at 9: o oAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 21302 HEICHEL v• HEICHEL PACSES Case Number: 191107686 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 CD c, CD MADELINE L. HEICHEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TERRY D. HEICHEL, PACSES NO. 940107044 Defendant DOCKET NO. 20 SUPPORT 2005 MADELINE L. HEICHEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TERRY D. HEICHEL, PACSES NO. 191107686 Defendant DOCKET NO. 2005-4375 CIVIL INTERIM ORDER OF COURT AND NOW, this lit i?- tL_ day of November, 2005, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $1,253.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $22.00 per month on arrearages. C. The Defendant shall be given credit on arrearages for a direct payment to the Plaintiff of $430.00. D. The Defendant shall provide health insurance coverage for the benefit of the Plaintiff as provided through his employment at a reasonable cost but shall not be responsible for payment of her unreimbursed medical expenses. E. The Plaintiff's claim for alimony pendente lite is dismissed without prejudice. F. The effective date of this order is August 10, 2005. oESlg IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the J. Cc: Madeline L. Heichel Terry D. Heichel Marcus A. McKnight, III, Esquire For the Plaintiff Jeanne B. Costopoulos, Esquire For the Defendant DRO MADELINE L. HEICHEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TERRY D. HEICHEL, PACSES NO. 940107044 Defendant DOCKET NO. 20 SUPPORT 2005 MADELINE L. HEICHEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TERRY D. HEICHEL, PACSES NO. 191107686 Defendant DOCKET NO. 2005-4375 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on November 10, 2005 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Madeline L. Heichel, who resides at 112 North Pitt Street, Philipsburg, Pennsylvania. 2. The Defendant is Terry D. Heichel, who resides at 214 Meals Drive, Carlisle, Pennsylvania. 3. The parties were married on July 2, 1988. 4. The parties separated in early August, 2005. 5. On August 10, 2005 the Plaintiff filed a complaint for spousal support. 6. On September 21, 2005 the Plaintiff filed a claim for alimony pendente lite in the above captioned divorce action. 7. The Plaintiff moved to Philipsburg, Pennsylvania following the separation. 8. Prior to the separation the Plaintiff was employed by Cumberland County at the Claremont Home. 0 ES 9. The Plaintiff earned $9.69 per hour and in 2004 earned a gross annual income of $16,687.74. 10. The Plaintiff moved to Philipsburg to reside with her sister with whom she shares living expenses. 11. The Plaintiff is employed by Motel 6 where she works 25 to 30 hours per week and is paid $7.00 per hour. 12. The Plaintiff is attempting to find full-time employment at a higher rate of pay. 13. The Plaintiff will file her federal income tax return for 2005 as married/separate. 14. The Defendant is employed as an over-the-road driver for Overnite Transportation Company. 15. In 2004 the Defendant had gross annual income of $69,256.58. 16.Through October, 2005 the Defendant has earned $60,871.46. 17. The Defendant pays health insurance premiums on himself and his wife totaling $32.20 per week. 18. The Defendant will file his 2005 federal income tax return as married/separate. 19.The parties sold the marital residence in August, 2005. 20. Each party received $10,000.00 from the proceeds of the sale. 21. The Defendant is paying on accumulated marital debt of approximately $37,000.00. 22. The Plaintiff has made a claim for equitable distribution of marital property in the divorce action. 23. The Defendant made a direct payment to the Plaintiff of $430.00. DISCUSSION A dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d 155 (Pa. Super. 1993). The party seeking to nullify the duty to pay support bears the burden of proving conduct on the claimant's part by clear and convincing evidence. Hoffman v. Hoffman, 762 A.2d 766 (Pa. Super. 2000). In this case the Defendant does not contest the Plaintiff's entitlement to receive spousal support. The issues are purely financial. The Plaintiff at the time of separation was employed by Cumberland County at the Claremont Home where her gross monthly income as reflected by her 2004 W-2 was $1,390.00.' She voluntarily left that position to relocate from Cumberland County to Philipsburg in Centre County. Although she is gainfully employed part-time in Philipsburg, her income is considerably less averaging approximately $834.00 per month. In determining a support obligation the focus is on the earning capacity of the parties, not their actual earnings. Strawn v. Strawn, 664 A.2d 129 (Pa. Super. 1995). A party's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition and training. Rile v. Foley, 783 A.2d 807 (Pa. Super. 2001). The Plaintiff had demonstrated an ability to earn $1,390.00 per month at the time she filed her complaint for support. It is, therefore, realistic to impute an earning capacity to her in that amount. Filing her federal income tax return as married/separate, she would have net monthly income of $1,150.00.2 The Defendant has had average gross monthly income of $6,087.00 as demonstrated by his most recent pay statement.3 Filing his federal income tax return as married/separate, he would have net monthly income of $4,283.00.4 With net monthly income for the Defendant of $4,283.00 and for the Plaintiff of $1,390.00, and with no minor children of the marriage, the Defendant's obligation for spousal support under the guidelines is $1,253.00.5 The Defendant has argued that he is entitled to a downward deviation in his monthly order because he is paying approximately $1,000.00 per month on marital debt which has a balance of approximately $37,000.00. The Defendant has not, however, assumed this debt. Rather the debt will be considered in the Plaintiffs claim for equitable distribution of marital property in the divorce action. Consequently no recommendation will be made to deviate from the guideline support amount. Because the Plaintiff will continue to receive spousal support, the claim for alimony pendente lite will be dismissed without prejudice as orders for spousal support and APL may not be in effect simultaneously.6 See Defendant's Exhibit 5. See Exhibit "A" for the deductions from gross income. s See Defendant's Exhibit 1. See Exhibit "A" for the deductions from gross income. 5 See Exhibit "B" for the calculation. e Pa. R.C.P. 1910.16-1(c). RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $1,253.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $22.00 per month on arrearages. C. The Defendant shall be given credit on arrearages for a direct payment to the Plaintiff of $430.00. D. The Defendant shall provide health insurance coverage for the benefit of the Plaintiff as provided through his employment at a reasonable cost but shall not be responsible for payment of her unreimbursed medical expenses. E. The Plaintiff's claim for alimony pendente lite is dismissed without prejudice. F. The effective date of this order is August 10, 2005. ,Va %tu.a? In 1. 10 Z 0 0 S 11\1,\.1 Ctk t? k ?k Date Michael R. Rundle Support Master 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Madeline L. Heichel Defendant Name: Terry D. Heichel Docket Number: PACSES Case Number: 940107044 Other State ID Number: Tax Year: Current: 2005 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Separately Married Filing Separately 3. Who Claims the Exemptions Obligee 4. Number of Exemptions 1 1 5. Monthl Taxable Income $6,087.00 $1,390.00 6. Deductions Method 7. Deduction Amount $416.67 $416.67 8. Exemption Amount $266.67 $266.67 9. Income MINUS Deductions and Exem ptions $5,403.66 $706.66 10. Tax on Income $1,085.17 $75.58 11 . Child Tax Credit - 12 . Manual Adjustments to Taxes 13 . Federal Income Taxes $1,085.17 $75.58 13 a. Earned Income Credit - - 14 . State Income Taxes $192.35 $43.92 15 . FICA Payments $465.65 $106.34 16 . City Where Taxes Apply --Select-- 17 . Local Income Taxes $60.87 $13.90 TOTAL Taxes $1,804.04 $239.74 SupportCak 2005 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES'FORMAT) Plaintiff Name: Madeline L. Heichel Defendant Name: Terry D. Heichel Docket Number: PACSES Case Number: 940107044 Other State ID Number: 1. Obligor's Monthly Net Income $4,282.96 2. Less All Other Support 3. Less Obligee's Monthly Net Income $1,150.26 4. Difference $3,132.70 5. Less Child Support Obligation for Current Case 6. Difference $3,132.70 7. Multiply b 30% or 40% 40.00% 8. Income Available for Spousal Support $1,253.08 9. Adjustment for Other Expenses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,253.08 Prepared b : Date: 11/10/2005 SupportCa/c 2005 EXHIBIT "B" MADELINE L. HEICHEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TERRY D. HEICHEL, PACSES NO. 940107044 Defendant DOCKET NO. 20 SUPPORT 2005 MADELINE L. HEICHEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TERRY D. HEICHEL, PACSES NO. 191107686 Defendant DOCKET NO. 2005-4375 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 Plaintiff's Exhibit No. 2 Plaintiff's Exhibit No. 3 Plaintiffs Exhibit No. 4 Defendant's Exhibit No Defendant's Exhibit No Defendant's Exhibit No Defendant's Exhibit No - Earnings statement - Earnings statement - Income and expense statement - Defendant's earnings statement of July 8, 2005 1 - Earnings statement 2 - M & T Bank loan statements 3 - CitiFinancial loan statement 4 - CitiFinancial loan statement Defendant's Exhibit No. 5 - 2004 joint income tax return Defendant's Exhibit No. 6 - Income and expense statement Defendant's Exhibit No. 7 - Not admitted CC')0 r-; ?:? :,, _a -- -- -,- - -m - ?;' ?? .., Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb QCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor nS- '/ 3 IS CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573