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IN THE COUR~ OF COMMON PLEAS I;
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The court retains jurisdiction of the following claims which have ~
been raised of record in this action for which a final order has not yet ~.'
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been entered; The terms, provisions, and conditions of a certain (~
Agreement dated Tuesday, March 12, 20.02, and attached hereto as I~
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as though the same were set forth herein at length. Said Agreement'~
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OF CUMBERLAND
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..John.D.~...P()pham..
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DECREE IN
DIVORCE
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AND NOW, . . . . . . . . . . . . m.tk..cI.. . It..., ~.-':':'':'~, it is ordered and
decreed that. . ~ol:r;. ?:..~,?j?~~~............................... plaintiff,
and. . . ~.~t;.I:t~~.~I). !3... .l?9pho,n:t.. ...... .... .. ...... ... . .. . . ... " defendant,
are divorced from the bonds of matrimony.
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JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 00 - 1710 CIVIL
KATHLEEN B. POPHAM,
Defendant IN DIVORCE
THE MASTER: Today is Tuesday, March 12,
2002.
This is the date set for a hearing in the above
captioned divorce proceedings.
Present in the hearing room
are the Plaintiff, John D. Popham, and his counsel Catherine
A. Boyle, and the Defendant, Kathleen B. Popham, and her
counsel Samuel L. Andes. Also present is Eileen Reid, the
sister of the Defendant.
This action was commenced by the filing of a
complaint in divorce on March 21, 2000, ralslng giounds for
divorce of irretrievable breakdown of the marriage. The
Master was previously provided an affidavit of consent and a
waiver of notice of intention to request entry of divorce
decree signed by the Defendant which was filed with the
Prothonotary on October 2, 2001. Today Mr. Popham signed ~S
affidavit and waiver and those documents will be filed with
the Prothonotary by the Master's office. Therefore, the
divorce can conclude under Section 3301(c) of the Domestic
Relations Code.
The complaint raised the economic claim of
equitable distribution. Additional economic claims were
raised by the Defendant on May 14, 2001 by a petition.
EJ<HIBIT
I
"A"
Those claims raised by wife were alimony, alimony pendente
lite, and counsel fees and expenses.
The parties were married on February 9, 1980,
and separated on or about the 11th of March 2000. The parties
are the natural parents of two children.
The Master has been advised that after
considerable negotiations today and previously the parties
have reached an agreement with respect to the outstanding
economic claims. 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 parties and
counsel are going to appear later today to review the draft
for typographical errors, make any corrections as necessary
and then affix their signatures affirming the terms of
settlement as stated on the record at this time.
It is,
---~
however, understood that when the parties leave the hearing
room today they are bound by the terms of the settlement
whether they ultimately affirm the agreement by signature.
Upon receipt by the Master of a co~pleted
agreement, the Master will prepare an order vacating his
appointment and counsel will then be able to file a praecipe
transmitting the record to the Court requesting a final decree
in divorce. Mr. Andes.
1. The parties have agreed to equitably distribute and
divide their marital assets as follows:
A) They will transfer their marital residence at 1922
Kent Drive, in Lower Allen Township to wife's name alone.
They will execute a deed to be prepared by wife's counsel
promptly after today to make that transfer. Wife takes the
property subject to the mortgage which encumbers the property
and further will make whaLever reasonable arrangements are
required to refinance the mortgage or assume the mortgage or
otherwise obtain husband's unconditional release from the debt
secured by the mortgage within 90 days of today's date and
will not borrow against or create any liens against the
property until such time as that refinancing has been
completed or that the mortgage has been satisfied. In the
event that wife, after reasonable and diligent efforts, is not
able to accomplish husband's release from that obligation, t~e
Master will convene a further hearing to determine the proper
resolution of that matter. Until such time as the mortgage is
refinanced, assumed, or husband is otherwise removed from any
liability on thedehL secured by the mortgage, wife will make
all payments due and take all actions necessary to comply wich
the terms and provisions of the order and fully indemnify
husband and save him harmless from any loss or cost or expense
caused to him by her failure to do so. It is the expectation
of the parties that wife, through her reasonable and diligent
efforts, will obtain the refinancing of the house or otherwise
obtain husband's unconditional release from the mortgage
obligation within 90 days of today and then if she does not do
so, a hearing will be reconvened to determine the proper
resolution of that problem.
. -......--dJ
B) Husband owns an account within the IBM 40l(k) plan
which has a balance, including loans which he owes to that
account, of approximately $74,000.00. That 40l(k) plan
account shall be and remain the sole property of husband and
wife waives all further claim to it. Husband shall be solely
responsible to repay the loans owed to that account and shall
indemnify and save wife harmless from any loss, cost, or
expense caused to her by his failure to do so.
C) As a result of her employment with Stoner
Associates, wife has an account within the Severn-Trent 401(~)
plan which has a balance at this time of approximately
$46,000.00. The parties agree that that account shall be
wife's sole and separate property hereafter and husband does
hereby waive, release, and relinquish any claim to or interest
in said account. The parties acknowledge that there are no
loans owed by either of them to that account.
D) Husband is a participant in the IBM pension plan
which is a defined benefit plan and in which he acquired a
substantial portion of his benefits during the marriage of the
parties. The parties shall divide and distribute the benefits
in that plan through a QDRO which will award to wife 55% of
the benefits earned during the marriage, commencing with the
date of marriage or date of husband's employment by IBM
whichever last occurred, and continuing thr?ugh the date of
separation which is agreed to be 11 March 2000, using a
coverture fraction. The parties agree that the QDRO shall be
prepared by Pension Appraisers, Inc., and that they will share
the cost of that QDRO and cooperate in obtaining and having
the Court enter such order, and IBM implementing such order.
Further, the parties agree that, as part of that QDRO, wife
shall have the option to receive a survivor's annuity paying
to her benefits at least equal to the benefit she is entitled
to receive after husband's retirement but during his life time
p~rsuant to the QDRO on the condition that wife shall solely
bear the expense of such survivor's annuity out of her portion
of the retirement benefits received after husband's retire~ent
and during his life time. The parties will share and exchange
information about the, survivor's anm.:i ty benefit shortly prior
to husband's retirement from IBM and husband shall make
whatever election is determined by wife on the condition that
she bears the expense of any reduction in the life-time
benefits from her portion of those life time benefits. In the
event that the cost of the survivor's benefit exceeds the
portion of the pension wife is to receive during husband's
life time, husband will not be obligated to have his pension
benefits reduced by such election beyond the 55% portion paid
to wife pursuant to the QDRO.
.,__'3i"
E) During the marriage the parties obtained certai,.
motor vehicles. Husband shall retain as his sole and separate
property the 2000 Nissan automobile and wife hereby waives and
releases any claim to it. Husband shall indemnify wife and
save wife harmless for any cost or expense caused to her by
his ownership or use of_ the motor vehicle hereafter including
any obligation which encumbers the title to the vehicle. - The
1989 Toyota automobile used by wife at the time of separation
has been sold and wife shall be the sole and separate owner cf
the proceeds of that sale and shall further indemnify husband
for any loss or expense caused to him by her use or ownership
of the automobile after the date of this agreement. In
addition, during the marriage the parties obtained a 1990
Mitsubishi automobile which was used by their daughter and has
since their separation been totalled and scrapped. Neither
party makes any further claim to that vehicle.
F) The parties have previously distributed their
household furnishings and appliances. Each of them will
retain those items of tangible personal property now in thei~
possession and each of them waives any claim to the tangible
household personal property now in the possession of the
other.
G) At the time of separation the parties owed a Visa
account with Quicken and wife has paid and satisfied that
obligation since the separation. Otherwise, wit~ the
exception of the mortgage against the marital residence, the~a
are no debts owed by either of the parties which ~ave not bee~
specifically addressed in this agreement and each party shal:
be solely responsible to pay and satisfy any obligations in
their separate names if incurred at or following t~e date 0:
separation. Each party will indemnify and save t~e other
harmless from any claim or cost or expense caused ~o the ot~e~
party by their failure to pay such obligations.
Otherwise, the parties acknowledge that they have divided a~=
distributed their~marital property and each of t~e parties
waives any further claim to equitable distributic~ of marita:
assets, confirming the above distribution to be t~e full and
complete equitable distribution of their marital assets.
2. Each of the parties waives any claim agaiLs~ the ot~e~
for alimony, alimony pendente lite, or spousal sU~~Qrt. T~e
parties have previously exchanged information abc~~ each of
their incomes and knowingly waives any such~ clai!;', against t::e
other.
3. Each of the parties have waived any claim against the
other for counsel fees or expenses and, with the exceptioq..c,:
the obligation to pay their portion of the cost c: ~repaiatic~
and entry of the QDRO provided for herein, each pa~~y shall
bear themselves, without contribution from the ot~e~ party,
the expense of their legal fees and expert witness and othe~
expenses.
4. If either party breaches any provision of ~~is
agreement, the other party shall have the right a~ ~is cr he~
election to sue for damages for such breach or see~ other
remedies, or relief as may be available to him or ~er a~d t::e
party breaching this contract shall be responsible :or payme~~
of legal fees and costs incurred by the other in e~:orcing
their rights under this agreement.
5. From time to time each of the parties may te required
.
to execute, acknowledge, or deliver to the other party further
documents or instruments to give this agreement full force and
effect. They agree to cooperate in that exchange.
6. The agreement will be interpreted under the laws of
Pennsylvania.
7. Any modification or waiver of any pr~vision of the
agreement shall be effective only if made in writing and
executed with the same formality of this agreement.
8 .
another
The parties agree to live free of interference from one
and agree to the entry of a divorce decree.
9. 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 aQ~inistrator 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.
MR. A~DES: Mrs. Popham, we've been here this
morning for about 2 1/2 hours and you and I have met numerous
times over the past several months and years, in fact, to__~
discuss this case; is that right?
MRS. POPHffi~: Yes.
MR. ANDES: You heard the agreement that I
just dictated, do you understand it?
MRS. POPHFM: Yes.
MR. ANDES: And is it consistent with what we
discussed this morning about settlement?
.
MRS. POPHA}!:
It is consistent with what we
discussed.
MR. ANDES: kDd is this the settlement you
are prepared to accept today to resolve the economic issues i~
this case and conclude the divorce?
MRS. POPHAM: Yes.
MR. ANDES: Do you have any questions about
it that you want to address to me or to the Master?
MRS. POPHF~: No.
MS. BOYLE: Mr. Popham, you and I have also
in a lawyer/client relationship for the last coup:e of years
discussed this case extensively, do you agree wit~ that
statement?
MR. POPHAM: Yes.
MS. BOYLE: Do you understand t~e agreeme~~
as Mr. Andes and I have stated it into the record today?
MR. POPHAM: Yes.
MS. BOYLE:- Are you entering into that
agreement voluntarily?
MR. POPHAM: Yes.
MS. BOYLE: Do you accept the agreement as
is stated?
MR. POP~~: Yes.
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 the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS:
DATE::
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.____ J.) r,.,~
thleen B. Po ha:-:c
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95//2. /u7:....
Scmuel L. }l.ndes
Attorney fer Defendant
.
'11
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-1710
KATHLEEN B. POPHAM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following
information, to the court for entry of a divorce decree:
1. Ground for Divorce: irretrievable breakdown under
Section 3301(c) of the Divorce Code. . ..
2. Date and manner o~ service of the Complaint: Served
bv Certified mail. Res~ricted deliverv to the Defendant,
Kathleen B. Popham, on March 28, 2000. Proof of Service was
filed with th~Prothonotarv's Office on March 30, 200().
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the Affidavit of Consent
required by Section 3301(c) of the Divorce Code: by the
plaintiff March 14, .2002; by the defendant October 2, 2001.
(b) (I) Date of execution of the plaintiff's
affidavit required by Section 3301(d} of the Divorce Code:
(2) Date of filing and service of the
plaintiff's affidavit upon the defendant:
4. Related claims pending: No other claims are oendinq.
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(d} (I) (i) of the Divorce Code.
(Complete either (a) or (b).)
(a) Date and manner of service of the notice of intention
to file praecipe to transmit record, a copy of which is
attached:
(b) Date plaintiff's Waiver of Notice in ~ 3301(c)
Divorce was filed with the prothonotary: March 14, 2002.
I
~
MEYERS, DESFOR, SALlZQlVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108
(717) 236-9428 . FAX (717) 236+2817
-I!
,
.
Date defendant's Waiver of Notice in ~ 3301(c) Divorce
was filed with the prothonotary: October 2. 2001.
Attorney for Plaintiff
MEYERS, DESFOR, SALTZGlVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236-2817
,
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JOHN D. POPHAM:,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1710 CIVIL
KATHLEEN B. POPHAM:,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
/y~
day of ~d/.)
2002, the parties and counsel having entered into an
agreement and stipulation resolving the economic issues on
March 12, 2002, 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,
cc:
~erine A. Boyle
Attorney for Plaintiff
~el L. Andes
Attorney for Defendant
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"
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 00 - 1710 CIVIL
KATHLEEN B. POPHAM,
Defendant IN DIVORCE
THE MASTER: Today is Tuesday, March 12,
2002.
This is the date set fora hearing in the above
captioned divorce proceedings.
Present in the hearing room
are the Plaintiff, John D. Popham, and his counsel Catherine
A. Boyle, and the Defendant, Kathleen B. Popham, and her
counsel Samuel L. Andes. Also present is Eileen Reid, the
sister of the Defendant.
This action was commenced by the filing of a
complaint in divorce on March 21, 2000, raising grounds for
divorce of irretrievable breakdown of the marriage. The
Master was previously provided an affidavit of consent and a
waiver of notice of intention to request entry of divorce
decree signed by the Defendant which was filed with the
Prothonotary on October 2, 2001. Today Mr. Popham signed an
affidavit and waiver and those documents will be filed with
the Prothonotary by the Master's office. Therefore, the
divorce can conclude under Section 3301(c) of the Domestic
Relations Code.
The complaint raised the economic claim of
equitable distribution. Additional economic claims were
raised by the Defendant on May 14, 2001 by a petition.
.
\
Those claims raised by wife were alimony, alimony pendente
lite, and counsel fees and expenses.
The parties were married on February 9, 1980,
and separated on or about the 11th of March 2000. The parties
are the natural parents of two children.
The Master has been advised that after
considerable negotiations today and previously the parties
have reached an agreement with respect to the outstanding
economic claims. 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~xcept for correction of typographical errors
which may be made during the transcription. The parties and
counsel are going to appear later today to review the draft
for typographical errors, make any corrections as necessary
and then affix their signatures affirming the terms of
settlement as stated on the record at this time. It is,
however, understood that when the parties leave the hearing
room today they are bound by the terms of the settlement
whether they ultimately affirm the agreement by signature.
Upon receipt by the Master of a completed
agreement, the Master will prepare an order vacating his
appointment and counsel will then be able to file a praecipe
transmitting the record to the Court requesting a final decree
.
"
in divorce. Mr. Andes.
1. The parties have agreed to equitably distribute and
divide their marital assets as follows:
A) They will transfer their marital residence at 1922
Kent Drive, in Lower Allen Township to wife's name alone.
They will execute a deed to be prepared by wife's counsel
promptly after today to make that transfer. Wife takes the
property subject to the mortgage which encumbers the property
and further will make whatever reasonable arrangements are
required to refinance the mortgage or assume the mortgage or
otherwise obtain husband's unconditional release from the debt
secured by the mortgage within 90 days of today's date and
will not borrow against or create any liens against the
property until such time as that refinancing has been
completed or that the mortgage has been satisfied. In the
event that wife, after reasonable and diligent efforts, is not
able to accomplish husband's release from that obligation, the
Master will convene a further hearing to determine the proper
resolution of that matter. Until such time as the mortgage is
refinanced, assumed, or husband is otherwise removed from any
liability on the debt secured by the mortgage, wife will make
all payments due and take all actions necessary to comply with
the terms and provisions of the order and fully indemnify
husband and save him harmless from any loss or cost or expense
caused to him by her failure to do so. It is the expectation
of the parties that wife, through her reasonable and diligent
efforts, will obtain the refinancing of the house or otherwise
obtain husband's unconditional release from the mortgage
obligation within 90 days of today and then if she does not do
so, a hearing will be reconvened to determine the proper
resolution of that problem.
B) Husband owns an account within the IBM 401(k) plan
which has a balance, including loans which he owes to that
account, of approximately $74,000.00. That 4011k) plan
account shall be and remain the sole property of husband and
wife waives all further claim to it. Husband shall be solely
responsible to repay the loans owed to that account and shall
indemnify and save wife harmless from any loss, cost, or
expense caused to her by his failure to do so.
C) As a result of her employment with stoner
Associates, wife has an account within the Severn-Trent 401(k)
plan which has a balance at this time of approximately
$46,000.00. The parties agree that that account shall be
wife's sole and separate property hereafter and husband does
hereby waive, release, and relinquish any claim to or interest
.
;
in said account. The parties acknowledge that there are no
loans owed by either of them to that account.
D) Husband is a participant in the IBM pension plan
which is a defined benefit plan and in which he acquired a
substantial portion of his benefits during the marriage of the
parties. The parties shall divide and distribute the benefits
in that plan through a QDRO which will award to wife 55% of
the benefits earned during the marriage, commencing with the
date of marriage or date of husband's employment by IBM
whichever last occurred, and continuing through the date of
separation which is agreed to be 11 March 2000, using a
coverture fraction. The parties agree that the QDRO shall be
prepared by Pension Appraisers, Inc., and that they will share
the cost of that QDRO and cooperate in obtaining and having
the Court enter such order, and IBM implementing such order.
Further, the parties agree that, as part of that QDRO, wife
shall have the option to receive a survivor's annuity paying
to her benefits at least equal to the benefit she is entitled
to receive after husband's retirement but during his life time
pursuant to the QDRO on the condition that wife shall solely
bear the expense of such survivor's annuity out of her portion
of the retirement benefits received after husband's retirement
and during his life time. The parties will share and exchange
information about the SllIvivor'sannuity benefit shortly prior
to husband's retirement from IBM and husband shall make
whatever election is determined by wife on the condition that
she bears the expense of any reduction in the life time
benefits from her portion of those life time benefits. In the
event that the cost of the survivor's benefit exceeds the
portion of the pension wife is to receive during husband's
life time, husband will not be obligated to have his pension
benefits reduced by such election beyond the 55% portion paid
to wife pursuant to the QDRO.
E) During the marriage the parties obtained certain
motor vehicles. Husband shall retain as his sole and separate
property the 2000 Nissan automobile and wife hereby waives and
releases any claim to it. Husband shall indemnify wife and
save wife harmless for any cost or expense caused to her by
his ownership or use of the motor vehicle hereafter including
any obligation which encumbers the title to the vehicle. The
1989 Toyota automobile used by wife at the time of separation
has been sold and wife shall be the sole and separate owner of
the proceeds of that sale and shall further indemnify husband
for any loss or expense caused to him by her use or ownership
of the automobile after the date of this agreement. In
addition, during the marriage the parties obtained a 1990
Mitsubishi automobile which was used by their daughter and has
since their sBparation been totalled and scrapped. Neither
I
party makes any further claim to that vehicle.
F) The parties have previously distributed their
household furnishings and appliances. Each of them will
retain those items of tangible personal property now in their
possession and each of them waives any claim to the tangible
household personal property now in the possession of the
other.
G) At the time of separation the parties owed a Visa
account with Quicken and wife has paid and satisfied that
obligation since the separation. Otherwise, with the
exception of the mortgage against the marital residence, there
are no debts owed by either of the parties which have not been
specifically addressed in this agreement and each party shall
be solely responsible to pay and satisfy any obligations in
their separate names if incurred at or following the date of
separation. Each party will indemnify and save the other
harmless from any claim or cost or expense caused to the other
party by their failure to pay such obligations.
Otherwise, the parties acknowledge that they have divided and
distributed their marital property and each of the parties
waives any further claim to equitable distribution of marital
assets, confirming the above distribution to be the full and
complete equitable distribution of their marital assets.
2. Each of the parties waives any claim against the other
for alimony, alimony pendente lite, or spousal support. The
parties have previously exchanged information about each of
their incomes and knowingly waives any such claim against the
other.
3. Each of the parties have waived any claim against the
other for counsel fees or expenses and, with the exception of
the obligation to pay their portion of the cost of preparation
and entry of the QDRO provided for herein, each party shall
bear themselves, without contribution from the other party,
the expense of their legal fees and expert witness and other
expenses.
4. If either party breaches any provision of this
agreement, the other party shall have the right at his or her
election to sue for damages for such breach or seek other
remedies, or relief as may be available to him or her and the
party breaching this contract shall be responsible for payment
of legal fees and cQstsincurred by the other in enforcing
their rights under this agreement.
5. From time to time each of the parties may be required
\
to execute, acknowledge, or deliver to the other party further
documents or instruments to give this agreement full force and
effect. They agree to cooperate in that exchange.
6. The agreement will be interpreted under the laws of
Pennsylvania.
7. Any modification or waiver of any provision of the
agreement shall be effective only if made in writing and
executed with the same formality of this agreement.
8. The parties agree to live free of interference from one
another and agree to the entry of a divorce decree.
9. 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.
MR. ANDES: Mrs. Popham, we've been here this
morning for about 2 1/2 hours and you and I have met numerous
times over the past several months and years, in fact, to
discuss this case; is that right?
MRS. POPHFM: Yes.
MR. P~DES: You heard the agreement that I
just dictated, do you understand it?
MRS. POPHAM: Yes.
MR. ANDES: And is it consistent with what we
discussed this morning about settlement?
.
.
MRS. POPHFM:
It is consistent with what we
discussed.
MR. ANDES: And is this the settlement you
are prepared to accept today to resolve the economic issues in
this case and conclude the divorce?
MRS. POPHAM: Yes.
MR. ANDES: Do you have any questions about
it that you want to address to me or to the Master?
MRS. POPHFM: No.
MS. BOYLE: Mr. Popham, you and I have also
in a lawyer/clientrelationship for the last couple of years
discussed this case extensively/po you agree with that
statement?
MR. POPHAM: Yes.
MS. BOYLE: Do you understand the agreement
as Mr. Andes and I have stated it into the record today?
MR. POPHAM: Yes.
MS. BOYLE: Are you entering into that
agreement voluntarily?
MR. POPHFM: Yes.
MS. BOYLE: Do you accept the agreement as it
is stated?
MR. POPHAM: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
,.
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.
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 the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS:
~Vt.~~
Attorney for Defendant
DATE:
'J' jrz /C>2-
, f
03/12.. /07-.
B
thleen B.
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.
JOHN D. POPHAM,
Plaintiff
, IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 00- /'1/0 C(.)~L '-y-~
CIVIL ACTION - LAW
IN DIVORCE
vs.
KATHLEEN B. POPHAM,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take actio
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you.
You are warned that, if you fail to do so, the case may
proceed withouLyou and a judgment may be entered against you by
the Court without further notice for any money entered against
you by the Court without further notice for any money claimed in
the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights
important to you.
When the ground for divorce is indignities or irretrievable
breakdown OI 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, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU D
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236.9428 . FAX (717) 236-2817
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
vs.
NO.
KATHLEEN B. POPHAM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICIA
LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes
usted tiene veinte (20r dias de plazo al partir de la fecha de 1
demanda y la notificacion.
Usted debe presentar una apariencia escrlta 0 en persona 0
por abogado y archivar en la corte en forma escrita sus defensas
o sus objeciones alas 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 0
notificacion y por cualquier queja 0 alivio que es pedido en la
peticion do demanda. Usted puede perder dinero 0 sus propiedade
o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO
TIENE ABOGADO 0 S1 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCDENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
2
I
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MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236-2817
COMPLAINT IN DIVORCE
UNDER SECTION 330~(Cl OF THE DIVORCE CODE
1. Plaintiff is John D. Popham, an adult individual who
currently resides at 5 Pennsylvania Avenue, Apartment C,
Camp Hill, Cumberland County, Pennsylvania.
2. Defendant is Kathleen B. Popham, an adult individual who
currently resides 1922 Kent Drive, Camp Hill, Cumberland
County, 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. Plaintiff and Defendant are husband and wife having been
married on February 9, 1980 in Williamsport, Pennsylvania.
5. There have been no prior actions of divorce or annulment
between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and
that Plaintiff may have the right to request the court
require the parties to participate in counseling, being so
advised, Plaintiff waives that right.
8. Plaintiff requests the Court to enter a Decree of Divorce
pursuant to Sections 3301(C) of the Divorce Code.
WHEREFORE, Plaintiff, John David Popham, respectfully
requests this Honorable Court enter a Decree in Divorce pursuant
to Sections 3301(C) of the Divorce Code.
3
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MEYERS, DESFOR, SALTZGiVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 . FAX (717) 236.2817
COUNTS
COUNT I
EQUITABLE DISTRIBUTION
9. Paragraphs one through eight of the Complaint are
incorporated herein by reference as if set forth in full.
10. 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.
11. Plaintiff requests that the Court equitably distribute all
marital property pursuant to the Divorce Code.
WHEREFORE, Plaintiff respectfully requests this Honorable
Court equitably distribute all marital property pursuant to the
Divorce Code.
Respectfully submitted,
MEYERS, DES FOR ,
& BOYLE
By:
Catherine A. Boyle, Esq
Attorney I.D. No. 76328
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for Plaintiff
4
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MEYERS, OESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET .. P.O. BOX 1062 .. HARRISBURG, PA 17108
(717) 236.9428 .. FAX (717) 236-2817
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VERIFICATION
John D. Popham
, verify that the
statements made in this
COMPLAINT IN DIVORCE
authorities.
Dated:
3/~O/OO
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Defendant
MEYERS, DES FOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
!717) 236-9428 . FAX (717) 236.2817
I)
JOHN D. POPHAM,
Plaintiff
vs.
KATHLEEN B. POPHAM,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 00-1710
CIVIL ACTION - LAW
IN DIVORCE
PROOF OF SERVICE
OF COMPLAINT IN DIVORCE
i -COmplete ~ 1 and'ar 2 fot addillonal service..
.. -Complete items 3, 4a. and 4b.
I _Print your name and address on !he reverse af this fOl'm 80 that we can return this
.card to you.
,,'tAttach this form 10 the front of the mailpiace. 01 on the back jf space d06II not
permit.
!!R -Write.Rstum R9C8ipt RaquBstsd- on the maJlpJece below the article number.
'fi: -The Retum Receipt wi" $how to whom th6 article was delivered and the date
8 delivered.
J
3. Article Addressed to~
Kathleen B. Popham
1922 Ken tDJ;.i.ye
Camp Hi:~.170 11
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PS Form 3811, December 1994
r also wish to receive the
followIng services (for an
extra fee):
1. 0 Addressee's Address
2. J( Restricted Delivery
Consult postmaster for fee.
48, ArtIcle Number
p 397 747 991
4b. Service Type
o Registered )r. Certified
o Express Mail 0 Insured
o Relum Receipt lor Merchandise 0 COD
7. Date rrv~ S _ 0 -1/
a. Addressee's Address (Only if requested
and feels paid)
omeslic Return eceipt
MEYERS. DESFOR, SALTZGlVER & BOYLE _
410 NORTH SECOND STREET-. P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236.9428 . FAX (717) 230.2817
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Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
21 March 2001 and served upon the Defendant on or about 30 March 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (901 days
have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVil ACTION - lAW
NO. 00-1710 CIVil TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
WAIVERQF NOTICE OFIIII.TENT/ON TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand
that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
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Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
21 March 2001 and served upon the Defendant on or about 30 March 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
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. THLEEN B. POPH M
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION. LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
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A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand
that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
'1 /251cl
Date
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
00 -1710
vs.
KATHLEENB. POPHAM
NO.
CIVIL
19
: IN DIVORCE
Defendant
STATUS SHEET
ACTIVITIES:
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JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1710 CIVIL
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
TO:
Catherine A. Boyle
,
Attorney for Plaintiff
Samuel L. Andes Attorney for Defendant
DATE: Monday, December 18, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
,
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE.
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
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NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL F-AVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
F
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 00 - 1710 CIVIL
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE:
Thursday, September 6, 2001
Present for the Plaintiff, John D. Popham, is
attorney Catherine A. Boyle, and present for the Defendant;
Kathleen B. Popham, is attorney Samuel L. Andes.
This action was commenced by the filing of a
divorce complaint on March 21, 2000, raising grounds for
divorce of irretrievable breakdown of the marriage and the
economic claim of equitable distribution. Counsel have
indicated that the parties will sign and file affidavits of
consent and waivers of notice of intention to request entry of
divorce decree so that the divorce can be concluded under
Section 3301(c) of the Domestic Relations Code.
On May 14, 2001, the Defendant wife filed a
petition raising additional economic claims of alimony,
alimony pendente lite, and counsel fees and expenses. with
respect to wife's alimony claim, Mr. Andes is going to let
attorney Boyle knowwitliln two weeks whether or not his client
intends to pursue the alimony claim. If she does intend to
pursue the claim, then attorney Boyle is going to provide a
list of witnesses, within two weeks of the notification
regarding the alimony claim, that she is going to offer on the
factor of marital misconduct. The list of witnesses should
also include a short statement as to what each witness will be
testifying to. Mr. Andes will then likewise follow-up with a
list of his witnesses and a short statement of their
testimony. One of thelssues with regard to marital
misconduct lsan allegation by husband that wife engaged in an
extra marital relationship with a male friend. If it is
determined that the alimony claim is going to go forward and
we will be taking testimony on the factor of marital
misconduct, then the Master will schedule a hearing for the
purpose of taking that testimony.
Husband is 45 years of age and resides at 5
pennsylvania Avenue, Apartment C, Camp Hill, pennsylvania,
where he lives alone. He is a college graduate with some
graduate school credits. He is a computer programer with IBM
and was assessed an earning capacity after a conference in the
Domestic Relations Office of $3.487.17 net per month. He has
not raised any health issues.
wife is 46 years of age and resides at 1922
Kent Drive, Camp Hill, Pennsylvania, with the two children of
the marriage. She is a college graduate and was assessed an
earning capacity at the support conference of $3,251.42.
There is an issue regarding wife's current earnings and
according to the pretrial statement, she sh~ws net monthly
earnings of $2,973.54. Wife is receiving child support for
Richard, who is 16 years old, in the amount of $603.92. She
does not receive any spousal support. The daughter Rachel had
been enrolled at college and is currently employed with the
intention of perhaps continuing her education ata later time.
The daughter does not make any contribution to wife toward the
expenses in the marital home. Wife has not raised any health
issues.
The parties had the real estate at 1922 Kent
Drive, Camp Hill, Pennsylvania, appraised. The appraisal done
in 1998 showed a fair market value of $88,000.00; the
appraisal done by Terry Freeman on July 9,. 2001, shows a value
of $97,000.00. Counsel are going to attempt to stipulate to a
value for the marital residence and Mr. Andes is going to talk
to his client as to whether or not we need to involve the
appraisers as expert witnesses at a hearing to testify as to
value. There is a mortgage against the property with
principal Residential Mortgage, Inc. The payoff as of
December 1999 was around $~5,000.00. We need an updated
payoff for the mortgage.
Husband is involved with an IBM pension and a
401(k). The values stated on the pretrial statement for the
pension and 401(k) need to be updated. Attorney Boyle is
going to provide Mr. Andes with a statement regarding her
expert's valuation of the pension.
Wife is involved with a 401(k) with Stoner
Associates and that also needs to be updated to a date close
to the hearing. The value as of March 31, 2001, according to
a statement provided by wife, was $46,579.00.
The parties have three vehicles, a 1989
Toyota Camry, a 1990 Mitsubishi Mirage, and a 2000 Nissan
Maxima. The parties apparently agree on the value of the
Maxima and have established that value at $4,000.00. The
Mitsubishi has an issue which needs to be resolved as to
whether or not the car_Wqs_a gift to the daughter or is a
marital asset. With regard to wife's Toyota, counsel have not
agreed on the value for that vehicle.
Wife was given, prior to the marriage, a
share of Verizon stock. That stock increased in value by six
additional shares and we can easily determine the value of
that stock at the date of the hearing.
There are a number of accounts listed by
husband in his pretrial statement involving cash values that
wife has not listed. There is a joint account with
Americhoice FCU and some other accounts witn PSECU, Giantbank,
and Member's 1st that are noted as wife's accounts but we do
not know whether wife should be charged with receiving these
funds as her share of equitable distribution. Mr. Andes is
going to discuss the accounts with his client and hopefully we
can resolve how the monies were distributed and whether wife
actually received all of the sums noted as a value on the
pretrial statement for the various accounts.
Wife also needs to provide information as to
whether the Ciber, Inc. stock was a post-marital acquisition
by wife.
The parties have not appraised the household
tangible personal property but apparently all of the property
remained with wife when husband separated. There is an issue
with regard to the purchase of a bedroom suite which husband
claims he paid for through the payments that he made on a
MasterCard in the amount of $3,000.00. According to attorney
Boyle the $3,000.00 value on the MasterCard would account for
more than half of the value that husband has placed on the
total value of the household tangible personal property of
$5,000.00. In any event, husband is looking for some credit
on account of his payments that he has made on the MasterCard.
The Master would like to have a conference
with the parties with spreadsheets after they have spent some
additional time developin~-the values of the marital assets.
Consequently, the Master would like to have a conference on
Friday, November 2, 2001, at 9:00 a.m.
A hearing is scheduled to take testimony on
the factor of marital misconduct if that becomes necessary, or
in the alternative, to take testimony on the other issues in
the case relating to the claim of equitable distribution and
counsel fees for Thursday, December 6, 20al at-9:00 a.m.
Notices will be sent to counsel and the
parties.
(A discussion was held off the record.)
THE MASTER: Attorney Boyle has indicated
that there are some matters that she would like to address on
the record regarding requests for information. Mr. Andes can
do likewise if he chooses. Ms. Boyle.
MS. BOYLE: I will need a recent pay stub.
The full 2000 tax return. I only have the first two pages. I
don't have any W-2s or attachments. A recent 401(k)
statement.
MR. ANDES: If I may interrupt you. What I
am going to do, after today's conference, is write you a
letter and identify two or three things I need from you. If
you would be kind enough to do that --
MS. BOYLE: I will.
MR. ANDES: -- and get that to me, I will
send that to my client --
THE MASTER: Do you want to put that on the
record?
MS. BOYLE: Yeah. I just have a couple other
If she has a retirement account through her current
Does she intend to pursue attorney fees?
MR. ANDES: Yes.
MS. BOYLE: Okay. Then I will need
statements on all of her attorney fees. My understanding is
that she also receives payments from her mother towards
things.
employer.
support. I would like to get copies of those checks.
MR. ANDES: I don't know that that is
relevant but we will see.
THE MASTER: Mr. Andes, do you have anything
that you want to specify that you would li~e to have provided?
MR. ANDES: Yes. I understand that Catherine
is going to be getting copies of statements from the
Americhoice FCU and I would like to see those when they come
in.
I would note that the request for production
of documents, which she served several months ago, in response
to those, I provided copies of statements for the accounts in
my client's name, which are the Giantbank and PSECU and I
forget the name of the third one.
MS. BOYLE: That's true, which is why I was
able to list them on my pretrial statement but the only
statements that I have are the ones reflected in the pretrial.
MR. ANDES: I would like to have --
MS. BOYLE: The Americhoice was joint.
MR. ANDES: Correct. I would like copies of
the statements from the Americhoice FeU when you get them from
the credit union. I would like to have copies of all of the
statements for husband's 401(k) plan or at least the documents
that will show how it decreased from $74,000.00 to $44,000.00
since the date of separation.
.
I would like to have some verification of the
payments he made on the MasterCard.
MS. BOYLE: I am working on those too.
MR. ANDES: There was at the time of
separation or shortly before or after that, there was at least
one other credit card that was paid. I will get my client's
records on that.
MS. BOYLE: Yes. That's her card?
MR. ANDES: I don't know whose name it was in
but I know there was one that she paid with some of the money
from one of those accounts and I will get that.
(A discussion was held off the record.)
cc: Catherine A. Boyle
Attorney for plaintiff
Samuel L. Andes
Attorney for Defendant
~
LAW OFFICES
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FAX(717)23e-2SI7 /~
- WEBSITE: \IlI\NVII.meyersdesfor.com ( /
EMAlL IsaJtzgiverCmeyersdssfor.com
cboyleOmeyersdesfor.com
MEYERS, DESFOR, SALTZGIVER & BOYLE
.10 NORTH SECOND STREE:T
P.O. BOX 1062
I. EMANUEL ME:YERS 0915-1970) HARRISBURG4 PA.17JOe
BRUCE: D. DESFOR (717) 236-9428
LAURIE A. SAL.TZGIVER
CATHERINE: A. BOYLE:.
January 8, 2002
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 1704:1
Re: John D. PODham v. Kathleen B. PODham
Dear Sam:
Thank you for your letter dated December 3, 2001. I
anticipate receiving the requested documents from my client in
the very near future. When I have received same, I will forward
them to you promptly.
I have one minor change to the documents that you owe to me,
which I am still awaiting receipt. I am looking for
documentation of the monies your client sent to her mother fOl'
the six months prior to the date of separation to the present
date.
Additionally, I will need a copy of your client's sister's
will. I believe she is a named beneficiary and anticipate she
will receive assets upon her sister's death.
Once you are able to collect your documents, kindly for\':ar.]
them to me.
With respect to settlement, Mr. Popham remains confident
that this case can be resolved. I have reviewed my last
settlement proposal to you which was set forth in prior
correspondence dated October 27, 2000. Mr. Popham is still
willing to settle based on his prior proposal which I believe
equates to more than 50% of the assets being transferred to your
client.
That settlement was as follows:
1. Your client shall receive the marital residence located at
1922 Kent Drive, Camp Hill. She would be fully responsible
for payment of all mortgages, maintenance, etc. on the home.
Mr. Popham would sign a deed over to your client.
>.
MEYERS, DESFOR. SALTZGIVER & BOYLE
Samuel L. Andes, Esquire
January 8, 2002
Page 2
2. Your client would maintain 100% of her 401(K) account.
3. Your client would receive the balance of the joint
Americhoice Federal Credit union account #ii593.
4. Your client would keep her 1989 Toyota Camry or any vehicle
she obtained with a trade of said vehicLe.
5. Your client would maintain the furniture and furnishings.
6. Mr. Popham will transfer $10,000.00 from his 401(K) account
to your client pursuant to.a Qualified riomesticRelations
Order.
This is our final offer to settle this matter and shall
only remain open for the next ten (10) business days. This offer
is for discussion purposes only and in not adIDissible in Court.
Kindly discuss this. offer .with your client and let me know your
position. --. -
If you have any questions, please feel Eree to contact me.
Very truly yours,
CAB/mls
cc: John Popham
SAMUEL L. ANDES
ATTORNEY AT LAW
:52a NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TBLEPHONE
(717) 76J-::\361
28 February 2002
FAX
(717) 7el-143~
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham vs. Kathleen B. Popham
00-1710 Civil Term
Dear Mr. Elicker:
I write in response to your letter of 22 February 2002.
Mrs. Popham had just met recently to review the assets in the case and respond to
Mr. Popham's last settlement offer. After I received your letter, I reviewed the matter with
her again, to try to take advantage of the suggestion you made regarding dividing Mr.
Popham's IBM pension at the time of his retirement. After that meeting, 1 prepared and
have sent to Catherine Boyle, Esquire, the enclosed letter setting forth my client's
settlement proposal.
In response to your request, I enclose Catherine's letter to me of 8 January 2002,
outlining her most recent settlement proposal and a copy of my letter back to her. The
parties exchanged settlement proposals in the fall of 2000 and, if you think those letters
are helpful, I can retrieve copies of them and provide them to you. The enclosed letters,
however, represent the proposals exchanged by the parties after we knew more about the
marital assets and I believe they represent a more accurate depiction of each party's
settlement position.
Please let me know whether you are willing to schedule a second day of testimony
to hear from the pension appraisers or not. Thank you for your attention to this matter.
Sincerely,
5~L.~
Samuel l. Andes
Ie
Enclosures
cc: Mrs. Kathleen Popham
Catherine A. Boyle, Esquire
.
SAMUEL L. ANDES
cc CO) IfJ\(
ATTORNEY .AT LAW
~2:~ NORTH TWELFTH STREET
P.O, BOX 166
LEMOYNE, PENNSYLVANIA 11"043
TeLEPHONE
(7n) 761-l5:JC31
28 February 2002
FAX
(717) 761-143~
Catherine A. Boyle, Esquire
P.O. Box 1062
Harrisburg, PA 17108
RE: Popham
Dear Catherine:
I have reviewed with my client your last settlement offer. We find it
unacceptable. I write, however, to propose a settlement that I think may work in
the case.
As I see it, our biggest dispute is over the value of your client's IBM pension.
As suggested by the Master in his letter to both of us of 22 February 2002, one
way to resolve that problem is to divide the pension at the time your client retires
with a QDRO. That will get us past that hang up and allow us to settle the rest of
the case.
From the information I have, I think the other assets are as follows:
1. The marital residence which you had appraised at
$97,000.00 and on which the mortgage balance is, at this time,
$50,000.00. I calculate the equity in that property to be
$47,000.00
2. Your client's account within the IBM 401 (k) plan, including
the two loans that he took out after separation
$74,160.00
3. My client's account with the Severn-Trent 401 (k) plan,
which has a value at this time of
$46,155.00
,
Catherine A. Boyle, Esquire
2
28 February 2002
4. The household furnishings and appliances in my client's
possession, which you and I have agreed to value at
$5,000.00
5. Your client's 2000 Nissan automobile
$20,000.00
6. My client's 1989 Toyota automobile
$1.250.00
Total of All Assets
$177,565.00
After separation, my client paid, with her post-separation earnings, the
Quicken Visa account and that debt should reduce the total marital
assets for division. At the time of separation, the balance on that
account, as you and I have agreed, was:
($1.853.00l
Total Net Estate for Distribution
(Excluding IBM pension)
$175,712.00
For the most part, you and I have agreed upon these figures. To the extent we
have not agreed, we have exchanged enough information that these will probably
be the figures determined by the Master following any hearing. That is, I do not
think there is much dispute over the value of these assets, particularly not the
major ones.
As I have told you before, I believe my client is entitled to more than one-half
of the marital property for several reasons. First, she is stiT! charged with the
responsibility of the custody of the parties' remaining child, which restricts both her
work hours and her future employment opportunities. In addition, she is supporting
the older child, both emotionally and financially, when that child returns to school.
She is taking courses now at HACC and wiT! return to full-time enrollment at
MillersvilJe in September. At this point, it looks as though Kate wiT! have to spend
about $3,000 per year to help the daughter further her education. Because of
these two factors, and the fact that your client's income is approximately 15
,
Catherine A. Boyle, Esquire
3
28 February 2002
percent greater than my client's income, and that your client was able to complete
both his undergraduate degree and approximately one-half of his master's degree
during the marriage, I believe she is entitled to 60 percent of the marital property.
propose that she receive the property in the following fashion:
A. She will retain the house subject to the present mortgage
$47,000.00
B. She will retain her account within the Severn-Trent 401 (k)
plan
$46,155.00
C. She will retain the household furnishings and appliances
now in her possession
$5,000.00
D. She will retain the Toyota automobile
$1,250.00
E. Your client will roll over from his 401 (k) to hers
$7,875.00
F. She will receive a credit for the Quicken Visa account she
paid after separation
($1.853.001
$105,427.00
In addition, she will receive 60 percent of the marital portion of your
client's IBM pension benefits at the time of his retirement and we will
obtain a QDRO now to secure payment of that in the future. I would
also like my client to receive the survivor annuity benefits under that
pension and, if your client will agree to do that, whatever reduction in
his pension benefits results from that election can be assigned to her
portion of the pension benefits.
I recognize this is more than your client wants to pay and it is a lot more than he
offered. Given the facts of this case, however, I think this is a far more realistic
and fair settlement than what you have proposed.
Catherine A. Boyle, Esquire
4
28 February 2002
Please review this with your client and get back to me with your and his
response as soon as you can. If we can settle the case prior to the hearing, that
will save all of us a lot of trouble and our clients a lot of expense.
Sincerely,
Samuel L. Andes
Ie
cc:
E. Robert Elicker, II, Esquire /'
Mrs. Kathleen Popham
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LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
4/0 NORTH SECOND STREET
P.O. BOX 101152
I. EMANUEL. MEYERS (f9lS-I970)
BRUCE: D, DE:SF"OR
LAURIE: A. SALTZGIVER
CATHERINE A. BOYLE
HARRISBURG. PA. 17108
(717) 236-9428
FAX (717' .<!'36-2S/7
WEBSITE. www.meyersdesfor.com
EMAIL IsaltzgiverCmeyersdesfor.com
cboyleOmeyersdesfor.com
February 27, 2002
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: John D. Popham vs. Kathleen B. Popham
Dear Master Elicker:
As per your request, I am writing with information
concerning the above-referenced matter. Enclosed please find a
copy of the valuation report prepared by Mr. Popham's expert,
Gregory Crumling, CPA/CVA, of Beard Miller Company out of York.
Additionally, I enclose for your review and comparison a copy of
the valuation report prepared by Mrs. Popham's expert, Mr.
Leister. You will note that Mr. Leister's report includes
several different values. _ The largest values assume that Mr.
Popham will not only continue to work for IBM for Yhe next 9-10
years, but that he will also retire before the general retirement
age of 65. Mr. Popham is certainly not in any financial position
to retire prior to that age of 65, nor has there ever been any
plan discussed by the parties to do so.
I have also enclosed herewith copies of the two offers I
have proposed to Mr. Andes in an effort to resolve this matter.
Additionally, you will find I have enclosed a spreadsheet which
sets forth the values of the assets and liabilities. I also
provide an explanation of each contained therein. Please note
that since the parties' vehicles are so close in value, I have
considered them a "wash." Also I have not included the value of
the car wife gifted to the parties' daughter, Rachael, post-
separation.
In reviewing the value of the settlement offer already made
to Mrs. Popham, you can see that she was already offered in
excess of 50% of the assets in this case just as incentive to
resolve this matter fully. Even if you include the full pension
value from wife's report and the total value of the assets, Mr.
Popham has still offered Mrs. Popham approximately 50% of the
total estate in order to settle this case.
.
MEYERS, DESFOR, SALTZGIVER & BOYLE
E. Robert Elicker, II
February 27, 2002
Page 2
The parties are essentially equal in all respects concerning
the factors for equitable distribution. They are of similar age
and both of good health. Both have equivalent educational
background and training and very similar work experience. They
have held and continue to hold extremely similar jobs, working
with computers for various companies. They were contributed
similar eBrning capacities and incomes at the support conference
at the beginning of this case. wife has also been in a
sufficiently comfortable financial position to provide payments
to her mother toward her support each month. Further, Wife has
managed to accumulate assets and savings which are noted on my
inventory.
Currently, Mrs. Popham is the primary physical custodial
parent to the parties' 16 year old son. However, the parties are
currently negotiating to have the child live primarily with Mr.
Popham.
Further, Mr. Popham also believes that Mrs. popham is named
beneficiary in her sister's will. Unfortunately, Mrs. Popham's
sister is terminally ill and has already given significant
monetary gifts to Mrs. Popham. Mrs. Popham at this time, has
declined to provide a copy of this will.
Mr. popham remains very anxious to settle this matter
amicably, if at all possible, and if it is not possible to settle
this matter out of Court, he is anxious to have you consider this
case and assist the parties with a final resolution. Two years
have now passed since the parties have separated and Mr. Popham
wishes to move on with his life, not only for himself, but also
for his son and family.
Thank you for your attention to this matter and your
assistance in resolving this case. Perhaps, once you have had
the opportunity to review the enclosed information and the
information from Mr. Andes, you may wish to meet with counsel to
discuss your thoughts. If you have any questions or are in need
of additional information, please do not hesitate to contact me.
CAB/mls
Enclosures
cc: Sam Andes, Esquire (wi enclosures)
John Popham (wi enclosures)
~urs.
Catherine A. Boyl
~
LAW QF'FICES
MEYERS, DESFOR. SALTZGIVER & BOYLE
....10 NORTH SECOND STREET
po. SOX 1052
l. E:t.r."J-;::::L M'EYERS09IS-l97Ql
8RUC:::;; OESF"OR
LAURiE: ~_. 5ALTZGJVE:R
CA7HE:;;;,',e: A.. BOYLE
HARRISBURG. PA. 17108
(717) 236-9428
FAX (717) 23$.2817
WEBS1TE: www.meyersdesforcern
EMA1L.lsaltzgiverCmeyersdestor.com
cboyleCmeyersdesfor_ccm
January 8, 2002
Sa~uel L_ Andes, Esquire
S25 North Twelfth Street
~emoyne, PA 17043
Re: John D. Popham v. Kathleen B. Popham
_~ar Sam:
Thank ycu for your letter dated December 3, 2001. I
~~cicipate receiving the, requested documents from my clie~t in
=~e very near future. When I have received same, I will forward
~~em to you promptly.
I have one minor change to the docume,-,cs that you O:'le to c.-.e,
~~ich I am scill awaiting re~eip~. I am looking for
c:::cumentation of the monies your client sene to her mother fc1.~
~~e six months prior to the date of separation to thepreser.t
cace.
Additionally, I will need a copy of your client's siste~'s
;.-::'11. I believe she. is ,a named beneficiary and antici;-at8 sl-:.e
~~ll receive assets upon her sister's death.
Once you are able to collec:: your documents / kindly fc'r~'.'3.:..- i
~:-.em to me.
With respect to settlement, Mr. Popham remains cor.fident
c~at this case can be resolved. I have re'liewed my last
settlement proposal to you which was set forth in prior
correspondence dated October 27, 2000. Mr. Popham is still
willing to settle based on his prior proposal which I believe
equates to more than 50% of the assets being transferred to your
client.
That settlement was as follows:
1_ Your client shall_ receive the marital residence located at
1922 Kent Drive, Camp Hill. She would be fully responsible
for payment of all mortgages, maintenance, etc. on the heme.
Mr. Popham would sign a deed over to your client.
..
MEYERS, DESFOR.SALTZGIVER &. SQYLE
Sa~uel L. Andes, Esquire
Cs.:1uary 8, 2002
t:~:)"e 2
:2.
Your client would maintain 100% of her 401(K) account.
Your client would receive the balance of the joint
Americhoice Federal Credit Union account #11593.
~.
Your client would keep her 1989 Toyoca Camry or any vehicle
she obtained with a trade of said vehicle.
Your client would maintain the furni~ure and furnishings.
Mr. Popham will transfer $10,000.00 from his 401(K) account
to your client pursuant to a Qualified Domestic Relatio~s
Order.
This is our final offer to sectle this matter a~d shall
c~:y remain open for the next te~ (.10) b~siness days. This cffer
:..s for discus.sian _purposes only a~.c in r:c>: admissible: in Cct:~i:.
?::.::dly discuss this offer with you~ clie::= a:1q. let rr.e know yeur
f:c;;ition.
If you have any questions, ~lease t=e~ fre~ to contac~ ~E.
Very ~~~~y yo~rSt
!l:
Catheri~e A. Bo 1
c.:.=/mls
c::: Jor_f1_ Popham
\
LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. BOX 1062
I. EMANUEL. MEYERS <1915-1970)
BRUCE D. OESFOR
LAURI E A. SAL TZGIVER
CA TH ER! N E: A. BOYLE:
HARRISBURG, PA. 17108
(717) 236-9428
FAX (717) 236-2817
WEBSITE www.meyersdesfor.com
EMAIL lsaltzgiverCmeyersdesfor.com
cboylaCmeyersdesfor,com
October 27, 2000
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
Re: John D. Popham v. Kathleen B. Popham
Dear Sam:
I am finally writing in response to your settlement offer
dated September 7, 2000. My client will not accept the offer set
forth in your corresponden~-but makes the following counter-
offer:
1. The marital residence located at 1922 Kent Drive, Camp Rill,
Pennsylvania would be transferred to your client. She would
be fully responsible for payment of all mortgages,
maintenance, etc., on the home.
2. Your client would maintain 100% of her 401(k) account.
3. Your client would receive the balance of the joint
Americhoice Federal credit union account #11593. This
account had an approximate balance of $3,000.00 as of the
parties' date of separation in March 2000.
4. Your client would keep her 1989 Toyota Camry.
5. Your client would maintain the furniture and furnishings.
As you may be aware, Mr. Popham did not take any of the
furniture and furnishings when he left tr& marital
residence.
6. Mr. Popham will transfer $10,000.00 from his 401(kl account
to your client pursuant to a Qualified Domestic Relations
Order.
\
~~
MEYERS, DESFOR, SALTZGIVER & BOYLE
Samuel L. Andes, Esquire
October 27, 2000
Page 2
7. Mr. popham will not agree to maintain a life insurance
policy at this point in time. Additionally, he will not
agree to a written obligation to contribute to the
children's college education. Mr. Popham intends to give
voluntarily as he is financially able and as he sees fit
while the children are in school.
Please note that the pension value you have selected is
based upon the assumption that Mr. Popham chose the cash balance
plan. He did not choose this option and therefore your number is
incorrect and most likely too high. Accordingly, I believe the
offer to your client is extremely generous.
Moreover, we believe the marital residence is also valued in
excess of the number used on your inventory. The appraisal which
occurred in November 1998 is not only outdated but was completed
prior to certain improvements to the home, including finishing
the basement.
Kindly discuss
with your thoughts.
please feel free to
this offer with your client and contact to me
In the meantime, if you have any questions,
contact me.
Very truly yours,
CAB/skc
cc: John Popham
"
:C'nd M. Sie;el, F S A..
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Conrad M. Siegel, Inc.
Actuaries/Benefit Consultants
~Ol COrpQrn.lc Circle. P.O. Bo'l. 5'fOO. H:urisb'Jrg, PA t illo.0900
PHONE (717) 652..s63~ . FAX (717) S4Q...QIC6. ....ww.cmsben~!i.ls com
JanUar"/8.2002
Samuel L. Andes, Esq\tire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Re: Kathleen & John Popham
Dear Mr. Andes:
Yeu provided me with the fc11oy.iag infarrnatioD concerning-John Pophsr.l:
1. Dat. of birth . May 18, 1956.
2. Date oarried . February 9, 1980.
3. Date hired oy IE:'l. Nover:1ber 15. 198:.
4. Date separated. March 12,2000.
5. Accrued mor.thly pe;1.Sion as of ';uly 1, 2000 . $:.389.98.
Ct.:1TentlYI John Pophac IS 403 yellra of ::lge- (age ::C!:lrcst birthday).
The IBM Retirement Plan's. defined beneli, pension pla:l. The figure that,. marital
property for d\\'orce i)UTpOses fot' a defined bentfit pension pIa;). is the presED:' value of the
pgnsioa earned durin!; the mama.ge.
.I\r. ecployee with 30 years of Be:-vice is eligible to ret';re on unT~duced beneni.5 uncer the
13],1 Retirement Plan. "''bat this means is that M!", Popham could I"G:tiri: at age 55 on
unrt::uucetl bencfiWi.
The foHowir..g t.able 6l:o'w'S the present value of the pecslc:J: earned as of Joly 1, 2000, the
"covert\l1'e; fr.actionn and the 'present value of the pensicn earned during the :na:TIBge ror
retirement at ages 55, 50. 62 and 65:
Present Value Present Value
Retirement Pension Earned Coverture Pension Earned
~ As of7-1.2000 Fraction Dur.nJ!' !\'1.e.rrin2'~
55 $124,972 .98 $122,473
60 83,308 .98 81,641
62 70,057 .98 88,656
65 53.247 .98 52.132
':"7:';,, cO. 5! g3..:l____JOd :1":;6
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.'-
~ Conrad M. Siegel, Inc.
Samuel L Andes, Esquire
.January 8,2002
Page 2
The pension earned as of July I, 2000, takes into account .3 of a year of service after the date cf
aeparation. Therefore, it is ce<:essary ro multiply the present value of the pension earned as of July 1,
2000, by a "covertur~ fraction" in order to determine tbe present value of the pension earned du.ring the
marriage. The numerator ofthe "coverture fraction" is 18.32 (the years from !.he dale of hire until the
dale or-eparatlon) and lhe denominator i. 18.62 (the years from the date of hire until July 1. 20(0).
Thus, the "coverture fraction" i. .98 (18.32 divided by 18.621.
The present value'S have been determined based upon the a~sumptiDDiS promulgated by the Pension
Bene:flt GLlaranty Corporation fOT annuity valuation~. The interest ratp. is 5.80% per yea.r fOT 25 ye-ars
followed by 4.25% per year. The mortality is in a~ordance with t.he 1983 c;,.ouo Annuity Mortalitv
Table.
In my opinion, thl! a85umptions promulgated by the Pension Benefit Guaranty Corporation for annf.1ity
valuations are app!'opriet~ fOT the purpose of determining the present values.
If you ha....e any question~, please call.
With best regards,
'i~'OUT9 ,,;n~er.ILY" ~. >-y
," '
':1\. j"' If'
Harry . Leister, Jr., F.b. .j
Cons ling Actuary
HML:kad
5c:6.3 20. ;;r EI3.:1
CUd ~6
S3~~~ W8S ~vt-1SG-~t~
Pension Valuation Data Slleet
Calculation "as of' Date:
20-Feb-02
Att
R
t' cr
Onnosint! Attornev
I Samuel L. Andes. Esquire
Name:
Firm:
Address!:
Addr..,2:
Address3:
Telephone:
Fax:
orne'" enresen !nO I lent
Catherine A, Bovle. Esquire
Meyers. Desfor, Saltzgiver & Boyle
410 North Second Street
P.O. Box 1062
Harrisburg, P A 17108
717-236-9428
717-236-2817
"x" if
Pension Holder:
Opposing Party (Spou.e):
IJOhn D. Popham
Kathleen B. Popham
f~t
MfF
B9
D.O.B.
18-May-56
Current Age
45.7918
Date of Marriage:
Date of Separation:
09-Feb-80
12-Mar-00
Name of Pension Plan:
Date of Employment:
Date of Termination:
Age of Retirement - Normal:
Age of Retirement - Early:
IBM Retirement Plan I
16-Nov-81
Ol-Jul-OO Date as of which benefit infonnation was provided.
65 I\!Ionthly Benefit: I $1.389.93 I
55 Monthly Benefit: I $962.63 I
Employee Contributions:
Lump-Sum Distribution
Option A\o'aiIable:
Deductible Non-Deductible
I I
I I
PBGC Intere.t Rate (LSD):
GAIT Interest Rate
4.50%
5.42%
PBGC Intcrest Rate (Annuit)'): I 5.60%1
PBac Interest Rates are the published rates for .\tarch 2002.
GATT Interest Rate is as ofFebroary 14,2002.
4,25%{
:Marriage to separation
Employment to separation
Employment to valuation
Employment to termination
:Marriage to valuation
Marriage to termination
Days
7,337
6,691
7,401
6,802
8.047
7,448
6,691 I
6,802
ltlarried During Coverage:
Total Coverage Period:
Coverture Fraction:
0.983681
Prepared by: Beard Miller Company LLP
Gregory A. Crumling. CPNABV. CVA
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SAMUEL L. ANDES
.ATTORNEY AT LAW
523 NORTH TWELFTH STREET
P.O, BOX 168
LEMOYNE, PENNSYLVANIA 17043
TEL!':PHONf:
(717) 761-0.361
20 February 2002
FAX
(TiT) 76l-1~35
E. Robert Elicker, /I
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Popham VS. Popham
Dear Mr. Elicker;
You have scheduled the Master's hearing in the above case for 12 March 2002.
One of the issues in the case is the value of Mr. Popham's pension benefits and each
of the parties has identified an expert witness they will have testify as to that issue.
Unfortunately, my witness, Harry Leister, is not available on 12 March 2002 because of
a prior commitment on his schedule.
I propose that the parties appear on 12 March 2002 and present all of their other
evidence so we can take advantage of that date and conclude most of the testimony. If
you will set another time to take the testimony of the two expert witnesses on the value
of Mr. Popham's pension, we can arrange to have both appraisers present at that time
to offer their testimony so you can ask them any questions you have.
This case has already been postponed before and the parties would like to get it
concluded. If the procedure I propose is satisfactory, I request that you schedule a half
day to take the testimony of the two witnesses at your early convenience.
I have sent a copy of this letter to Catherine A. Boyle, Esquire, who represents
Mr. Popham and I expect we will hear from her if she does not concur in my
suggestions. Thank you for your attention to this matter.
Sincerely,
stehs
amh
cc; Kathleen B. Popham
Catherine A. Boyle, Esquire
.
"..
.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Streel
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
February 22, 2002
Catherine A. Boyle
Attorney at Law
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, P A 17043
RE: John D. Popham vs. Kathleen B. Popham
No. 00 - 1710 Civil '
In Divorce
Dear Ms. Boyle and Mr. Andes:
Before I determine whether I will continue the case because ofMr. Leister's
unavailability, I would like to have both counsel provide to me a copy of their pension
reports and specifically address the pension issue that the experts are going to offer
testimony about.
I would also like to have both counsel send to me the proposals of settlement that
they have made to opposing counsel in an effort to resolve this case. It appears to me as
if there is essentially equal income, the alimony claim is withdrawn and all we need to do
is distribute the assets that have been identified, including the pension. Obviously one
way to avoid the pension issue is to do a QDRO; however, I am not prepared to offer that
as a suggestion until I review the list of assets and the pension reports and determine what
counsel see as the issue regarding the pension valuation.
Frankly, I am not inclined to break up the case into two parts, but I will determine
after I get the information requested by this letter, whether we will schedule another
hearing date or whether we will go forward without Mr. Leister's testimony or whether
,
f'
Ms. Boyle and Mr. Andes, Attorneys at Law
22 February 2002
Page 2
we will defer Mr. Leister's testimony.
Very truly yours,
E. Robert Elicker, II
Divorce Master
Pys510D
cumberland county prothonotary's office
Case Entries
r P'l1~ ~
2000~01'710 POPHAM JOHN D (vs) POPHAM KATHLEEN B
Fil~a Date: 3/21/2000 Time: 12:57 Case Type: COMPLAINT - DIVORCE
page ----2. of
DEFENDANT'S PETITION FOR ECONOMIC RELIEF BY SAMUEL LANDES ESQ
2
5/14/01
6/20/01
-------------~-~~--~~~~~--~---------~----~----~--------------------
PRAECIPE FOR WITHDRAWAL OF APPEARANCE FOR DEFT BY SUSAN KAY
CANDIELLO ESQ AND ENTER APPEARANCE FOR DEFT SAMUEL LANDES ESQ
FOR DEFT
7/02/01 CERTIFICATE OF SERVICE FOR PRE-TRIAL STATEMENT - BY CATHERINE A
BOYLE ESQ FOR PLFF
10/02/01 AFFIDAVIT OF CONSENT - DEFENDANT
10/02/01 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT
- - - - - - -~- - - - - - - LAST ENTRY - - - - - - - - - - - - - -
F2=Done F10=Print F12=Cancel F17=TOP F18=Bot
PYS5~OD
cumberland county prothonotary's office
Case Entries
flf11 ~ 1
2000~D1'l10 POPHAM JOHN D (VS) POPHAM KATHLEEN B
Filed Date: 3/21/2000 Time: 12:57 Case Type: COMPLAINT - DIVORCE
page ---Z of 2
3/21/00
3/29/00
3/3D/OO
12/07/00
12/07/00
- - - - - - - - - - - - - FIRST ENTRY - - -- - - - - - - - - - -
COMPLAINT - DIVORCE - 1 ADDL COUNT - EQUITABLE DISTRIBUTION
PRAECIPE FOR ENTRY OF APPEARANCE BY DEFENDANT BY SUSAN KAY
CANDIELLO ESQ
PROOF OF SERVICE
MOTION FOR APPOINTMENT OF MASTER
SAMUEL LANDES ATTY FOR DEFT
ORDER APPOINTING MASTER 12/07/00 E ROBERT ELICKER ESQ IS
APPOINTED MASTER GEORGE E HOFFER P J
3/14/01 CERTIFICATE OF SERVICE FOR REQUEST FOR PRODUCTION OF DOCUMENTS
BY CATHERIN A BOYLE ESQ FOR PLFF
+
F2=Done F10=print F12=cancel F17=Top F18=Bot
JOHN D. POPHAM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00 - 1710
KATHLEEN B. POPHAM
CIVIL ACTION - LAW
IN DIVOllCE
OR~*-lNtJh/(~-l1R.4ifW.€ !lEAnING
TO: John D. Popham
Catherine A. Boyle
Kathleen B. Popham
Samuel L. Andes
Plaintiff
Counsel for Plaintiff
Defendant
Counsel for Defendant
You are directed to appear for d hearing La take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Haster, 9 North
Hanover Street, Carlisle, Pennsylvania all the
_~21h
de\
M;:Jr~h _____
__' 2002
,-~ t __~~__ _____ _
,'L \.;!: :_,-=,]!
piece:- and ti:nc you ,",,'ill be given the opportunity l:(: present
witnesses and exhibits in support of your case.
"r~
E. Hoffe!, P,-,?sident JudgEe
Date of Order and
Notice: 10102
By:
Divorce Master
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 IlAI~ ASSOCI !'.TJON
2 \.IBEI'TY !\VENlJF
CAI-:L.I~;I.I. I'f".. 1"101.1
'l'},l,Fl'lltl>n: I ))) .1J1{l-.~J~,\,
JOHN D. POPHAM
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
VS.
NO.
.00-1710
IN DIVORCE
CIVIL
19
KATIILEEN B. POPHAM
Defendant
STATUS SHEET
DATE : ACTIVITIES :
-
.- --
~ " - ~
. ~ -, ~ - -
.- -
~..- .-. --
-.. ----
.
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 1710 CIVIL
KATHLEEN B. POP~
Defendant
~ IN DIVORCE
RESCHEDULED
CONFERENCE WITH
COUNSEL AND PARTIES
TO: Catherine A. Boyle
John D. Popham
, Counsel for Plaintiff
Plaintiff
Samuel L. Andes
Kathleen B. Popham
Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 ~orth Hanover Street, Carlisle,
Pennsylvania, on the 28th day of November, 2001, at 2:00
p.m., with counsel and the parties to discuss the
outstanding economic issues to determine if there is a basis
of settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice: 10/24/01
E. Robert Elicker, II
Divorce Master
..
,
J'
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle. PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci .10 Colyer
Office ManageriReporter
West Shore
697-0371 Ex!. 6535
June 8,2001
Catherine A. Boyle
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, P A 17043
RE: John D. Popham vs. Kathleen B. Popham
No. 00 - 1710 Civil
In Divorce
Dear Ms. Boyle and Mr. Andes:
Attorney Boyle has "Titten a letler asking us to proceed. She had filed a
certification document regarding discovery on January 2, 2001, indicating that she
thought that the anticipated discovery would be completed within sixty days. Mr. Andes
has not certified that discovery is complete; however, he did file a pretrial statement. I
am going to proceed on the basis that we are not going to get into discovery issues at thc
pre-hearing conference involving valuations and appraisals, and that we will have assets
identified and values for those assets so we can proceed promptly with the scheduling of
this case for conference or hearing.
A divorce complaint was filed on March 21, 2000, raising grounds for divorce of
irretrievable breakdown of the marriage and a claim for equitable distribution. The
Defendant filed a petition on May 14,2001, raising additional economic claims of
alimony, alimony pendente lite, and counsel fees and expenses.
I assume that grounds for divorce are not an issue and that the parties will sign
and filc affidavits of consent or have been separated for a period in excess oftwo years_
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a
pretrial statement (Mr. Andes did file a pretrial statement on April 30, 2001) on or before
Friday, June 29, 2001. Mr. Andes can update his pretrial statement with a supplemental
filing ifhe chooses. I am returning to Mr. Andes two copies of his pretrial statement.
Ms. Boyle and Mr. Andes, Attorneys at Law
8 June 2001
Pajie2
We received three copies when he did his filing which are not necessary, only an original
is required to be filcd with my office.
Upon receipt of the pretrial statement from attorney Boyle as directed and an
updated statement from Mr. Andes, ifhe chooses to file a supplemental statement, I will
immediately schedule a pre-hearing conference with counsel to discuss the issues and, if
necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
P.S. I note that on March 28, 2000, Susan Kay Candiello, attorney, entered an
appearance on behalf of the Defendant. I do not see a praecipe wherein
she has withdrawn her appearance. Please contact attorney Candiello and
ask her to file a praecipe withdrawing her appearance
NOTE: Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and Cd) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
r
JOHN D. POPHl'.M,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1710 CIVIL
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
TO: Catherine A. Boyle
Attorney for Plaintiff
Samuel L. Andes Attorney for Defendant
DATE: Monday, December 18, 2000
,
Ci::RTIFICil.TION
I certify t~ac disccvery is comple~e as to t~e =~ai~s
for which the Master has teen appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is n=e
complete in order to prepare the case for tria~
and indicate whether there are any outstanding
interrogatories or discovery motions.
Interrogatories
Request for Production of Documents
Depositions
r
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
It is expected that discovery will be complete
within approximately sixty (60) days.
I Jd-JOJ
ATE
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A P)l_~TY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY TBJ\T DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - 1710
VS.
CIVIL ACTION . LAW
KATHLEEN B. POPHAM,
Defendant
IN DIVOHCE
RESCHEDULED HEARING
ORDER AND NOTICE SETTING HEARING
TO: John D. Popham
Catherine A. Boyle
Plaintiff
Counsel for Plaintiff
Kathleen B. Popham
Samuel L. Andes
Defendant
Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 Norl),
Hanover Street, Carlisle, Pennsylvania on the ~__'Lth_______ d(.i::
February
, 2002
al
9:00
c..li._, oL \.,'IJ~_cl!
n-;
place and time you will be given ttle opportunity to preserlt
wilnesses and exhibits in support of your case.
, , r~1, ,<,~","' "'"
Dale of Order and
Not ice: 11/28/01
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY 111\1' ASSOCIATJON
2 LJBERTY AVENUe
C^RL1SLF, 1'1\ 17013
']T'EP!1t)i-":F: ('!"!) )49~31()(1
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
CIVIL ACTION - LAW
NO. 00 - 1710 CIVIL
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Catherine A. Boyle
Attorney for Plaintiff
Samuel L. Andes
, Attorney for Defendant
A pre-hearing conference has been scheduled
at the Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 6th of September, 2001, at
9:00 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours.
Date of Notice: 7/5/01
E. Robert Elicker, II
Divorce Master
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 1710 CIVIL
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND PARTIES
TO: Catherine A. Boyle
John D. Popham
Counsel for Plaintiff
Plaintiff
Samuel L. Andes
Kathleen B. Popham
, Counsel for Defendant
Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 2nd day of November, 2001, at 9:00
a.m., with counsel and the parties to discuss the
outstanding economic issues to determine if there is a basis
of settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice: 9/7/01
E. Robert Elicker, II
Divorce Master
JOHN D. POPHAM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
v.
NO. 00 - 1710
KATHLEENB. POPHAM
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: John D. Popham , Plaintiff
Catherine A. Boyle Counsel for Plaintiff
Kathlcen B. Popham Defendant
Samuel L. Andes Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divo~ce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 6th day
of
December
200 I at
9:00
a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
"~rC'
",0 ,t~t
President Judge
Date of Order and
Notice: 917/01
By:
Divorce Master
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
TELEPHONE (717) 249-3166
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JUN 2 9 200~
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-1710
KATHLEEN B. POPHAM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF JOHN D. POPHAM'S PRE-TRIAL STATEMENT
PURSUANT TO PA.R.C.P. 1920.33
Plaintiff John D. Pophaffi (hereinafter referred to as
"Husband"), by and through his attorneys, Meyers, Desfor,
Saltzgiver & Boyle, hereby files his Pre-trial Statement
pursuant to Pa.R.C.P. 1920.33'
I.
ASSETS.
See Inventory and Appraisement attached hereto
and hereinafter referred to as Exhibit "A".
II. EXPERT WITNESSES.
A. Greqorv Crumlinq, CPA. BEARD. MILLER & COMPANY, 7 East
Market Street, York, Pennsylvania 17401. Mr. Crumling
will testify to the value of Husband's pension plan.
B. Terrv E. Freeman, FREEMAN REAL ESTATE, 3920 Market
Street, Camp Hill, Pennsylvania 17011. Mr. Freeman will testify
to the value of the marital residence.
Husband retains the right to call rebuttal witnesses,
as necessary.
III. OTHER WITNESSES.
A. John D. Popham
B. Kathleen B. Popham, as on cross-examination.
Husband retains the right to call rebuttal witnesses, as
necessary.
I
~
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOI\fD STREET .. P.O_ BOX 1062 . HARRISBURG. PA 17108
. (717) 236.9428 .. FAX (717) 236-2817
I
~
V.
IV. LIST OF EXHIBITS.
A. Appraisal of 1922 Kent Drive, Camp Hill, Pennsylvania.
B. Valuation report for Husband's pension, and any
exhibits attached thereto.
C. Wife's pay stubs.
D. Husband's pay stubs.
E. Joint tax returns and any attachments.
F. Relevant separate tax returns and any attachments.
G. Tax calculations.
H. Checking/savings/credit union account statements.
I. Pension, 401(K) and other retirement account
statements.
J. Furniture inventory and values.
K. Credit card statements.
L. Documentation of credit/marital debts paid by Husband
since date of separation.
M. Income and Expense Statements for both parties.
N. N.A.D.A./Bluebook Values.
O. Documentation of vehicle debt/payments of same.
Husband retains the right to submit rebuttal exhibits, as
necessary.
INCOME & EXPENSES.
See Income and Expense Statement
attached hereto and hereinafter referred to as Exhibit "C".
2
MEVERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . p.o. BOX 1062 . HARRISBURG, PA 17108
. (717) 236-9428 . FAX (717) 236.2817
".
VI. DEFENDANT'S EXPENSES.
Wife's Expenses are set forth in
her Pre-Trial Statement previously filed.
VII. COUNSEL FEES. Both parties are gainfully employed and able
to pay their respective fees. Notably, the parties were
attributed similar earning capacities at a support
conference held within weeks of the date of separation.
Prior to the date of separation, Wife had actually been
earning even more with another employer and voluntarily
changed jobs. As a result, spousal support was denied.
Currently, Wife is working full-time and earns a comparable
wage to her prior employment.
Further, Wife has numerous
other sources of funds from which to pay fees.
She closed
the parties' joint checking account after the date of
separation.
She received $5,000.00 as a gift from her
sister.
She also has at least three accounts opened almost
a year after the date of separation within excess of
$15,000.00.
Payment of counsel fees by either party is not
warranted in this case.
VIII.
PROPOSED RESOLUTION.
Husband proposes that he be
awarded 60% of the net marital assets and Wife will be
awarded 40% of the net marital assets. Alimony and
counsel fees should be denied.
For five years prior to the date of separation,
3
MEYERS, OESFOR. SALTZGIVER & BOYLE
410 NORTH SECOND STREET . p.o. BOX 1062 . HARRISBURG, PA 17108
. (717) 236-9426 .. FAX (717) 236-2817
wife was working as a writer for Stoner Associates,
Inc., earning almost $56,000.00 gross per year. See
1999 joint tax return attached hereto and hereinafter
referred to as Exhibit "C". Notably, that same year,
Husband earned $61,000.00 gross through his employment
with IBM.
In 1998, both parties had similar salaries.
See 1998 joint tax return attached hereto and
hereinafter referred to as Exhibit "D".
Several weeks prior to the date of separation,
Wife changed employers from Stoner Associates to
Computer Aid, Inc.
She held a similar position with
comparable pay.
Two weeks prior to the date of
separation, Wife quit her job.
She acknowledged that
her employer wanted her to stay and as encouragement
not to quit, offered her a week off with pay.
Wife
refused, took an hourly paying job with the Census
Bureau and th.en _filed for support.
Wife was properly attributed her higher earning
capacity and spousal support was denied. Wife is
currently working at Campus Door, Inc., in a similar
position with similar pay.
Despite Wife's claims that she cannot support
herself and is in need of alimony, she continues to
send support money to her mother.
She has also opened
at least three separate accounts since the date of
4
MEYERS. DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 of HARRISBURG, PA 17108
(717) 236-9428 .. FAX (717) 236-2817
"
separation with savings totally over $15,000.00.
For years during the marriage, Wife was verbally
and emotionally abusive toward Husband and humiliated
him and his family.
Wife's behavior has caused
Husband great stress and serious depression.
Currently, Husband continues in therapy and takes
anti-depressants.
Beginning October 1999, Wife began requesting
Husband to leave because she wanted a divorce.
By
January 2000, the parties decided to separate.
Wife
remained in the marital residence with the parties'
one minor child, Richard (date of birth February 11,
1985) .
The parties' other child, Rachel (date of birth
January 18, 1981) began classes at Millersville
University prior to the date of separation. After her
first semester, she was placed on academic probation.
She has never improved her grades and was asked to
leave by the University last year. Wife has
repeatedly told Husband that Rachel should not be
provided any funds for school because of her poor
performance. Notably, while in school and after her
first semester, Rachel used school loans to pay for
tuition and expenses.
Currently, Rachel is working
full-time and provides her own medical insurance and
5
MEYERS. DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 .. FAX (717) 236-2817
..
other benefits. While Rachel was in school, Husband
paid for her medical insurance and was recently
informed by Wife that he no longer needed to do so
because Rachel had her own through her employment.
wife and Richard do not have a good relationship.
While Richard continues to live with Wife, there is
tension and frequent arguments. One argument
culminated in Wife telling Richard that he no longer
had a mother and that she was calling the police to
have him removed from the home.
Richard has
repeatedly requested to live with Husband and it is
anticipated that the transition will take place in the
near future.
Thus, Husband will be the primary
caregiver to the parties' only minor child.
6
I
~
MEYERS, DESFOR, SALlZGIVER & BOYLE
410 NORTH SECOND STREET .. P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236-9428 .. FAX (717) 236-2817
Date:
For these reasons and many others, Husband
believes that he should be awarded 60% of the net
marital assets and Wife should be awarded 40% of the
net marital assets. Alimony and counsel fees should
be denied.
Respectfully submitted,
therine A. B yle, squ
MEYERS, DESFOR, SALTZGI~
& BOYLE
Attorney I.D. #76328
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for Plaintiff
ro/~e/Ol
I I
7
MEYERS, DESFOR, SALTZG1VER & BOYLE
410 NORTH seCOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
(717) 236.9428 . FAX (717) 236-2817
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. OO-l7l0
KATHLEEN B. POPHAM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on this J,8~ day of "J~
200l, a copy of the attached Pre-Trial Statement Pursuant to Pat
R.C.P. 1920.33 was mailed, postage pre-paid to:
Kathleen B. Popham
c/o Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA l7043
- c ,
Catherine A. Boyle
Attorney I.D. #76328
Attorney for Plaintiff
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 .. HARRISBURG, PA 17108
(717) ~6.9426 .. FAX (717) 2:36-2817
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In the Court of Common Pleas of
CUMBERLAND
County, Pennsylvania
Do~mSTIC RELATIONS SECTIO:'l
1'.0. !lOX 320. CARLISLE, I'A. 170/3
Phone: (71 7) 240,6225
MARCH 22, 2000
Plaintiff Name: KATHLEEN B. POPHAM
Defendant Name: JOHN D. POPHAM
Docket Number: 00226 S 2000
PACSES Case Number: 213102HO I 29,501
Other State lD Number:
Fax: (717) 240-6248
Plca'ie note: All correspundence must include the PACSES Case Number.
Income and Expense. Statement
THIS FORM MUST BE FILLED OUT
(If ynu are se1f-emploYt:'d or if you are--salari<:d by a business of which you are owner in whole Of part. you muse
also fill our tht: Suppltmemal income Statement which appears on page two of this income and expense.
statement. )
INCOME STATEMENT OF ~~f\J<:\"). R...,p\4F\(V)
Section I: Income and Insurance
INCOME:
Empl.)yer :I_~(!1
A,''';:e" L\?c", F. ~I/VIP~.., I='CK'k''''' {<"Af'\
Type ofWerk (' -"'~C>(".C"- f? -PRo(~1? A I"'f"1FR
Payrol! No. Z /40 ~~ Gross Pay per Pay Period $ 2 ~ld:). ~ S- Pay Period (wkly.. bi-wkly", etc.)
. .
Itemized Payroll Deductions:
i:1 i -<.0't::.\ ( t-
Federa( Withholding $ 71Z, <j- Social Security $ 1'71, .'!.'l Local Wage Tax S ZS.t"Lj
State Income Tax $ /.././.IC Retirement S Savings Bonds S
Credit Union $ Life Insurance S Health Insurance $<;;1.,0
Other Deductions (specify) $ . $ S-.o~
,"<0 I "AN S /'&/.01- \ $
Net Pay per Pay Period $ \ ~ Ltc" ... ~ r
OTHER (Fill in Appropriate Column) I I
INCO~lE WEEK MONTH YEAR PRO?ERT"{
Imerest S S S OWNED DES
Dividends Yoe'<:t:=i
Pension Checking Accounts
Annuity Savings Accounts
Social Security Credit Union (keel:.
Rents
Royalties Stocks/Bonds
Expense Account Real Estate
Gifts
Unemo(ovmem Orner cred;~
Workmen's
Comnensation
Other TO
Other
TOTAL S S 5
. ~ * H=Hu
TOTAL INCOME $
EXHIBIT
Service Type M i B
. =-
I Ownership '"
CRIPTION
VALUE
H W J
OOGl2AG
. "'~<(,
I
..~ _.ol~it {M
j
UoL)l~t0
ss
/
TAL $ --stfS
sband; W=Wife; J =Joint
Form IN,008
Worker ID 21203
.'--....,- .
,..... ..__....._n .',_~._~""'~__"_"_ . ...~.
-.'.'" -. _"'~_--;_,_:"_'=:'::--'.'''''''.'c ',~,--_..- - '~", .--~-_.. _.~.__.. -.... .-
cI.~ I,
[ncome and Expense Statement
<.
Section III: Exoenses
PACSES Case Number 2B102HO
Instruc[ions: Only show ex.traordinary expenses in this section unless you filled out Se<:::tion II on page two. The caregories
in BOLl) FONT .are especially important for calculating child support. If you are requesting Spousal Support! APL or if
you assert your case cannot he determined according to the guideline grids or formula, this section must be fully completed.
,~
<Fill in Appr<:Jpriatc Column)
EXPENSES
WEEK MONTH YEAR
Home
Mong.agctRcm S S ~-S'" . S
Maintenance
Utilities
Electric S S <:::0 s
Gas L;;O
Oil
Telephone ( 0
Water
Sewer
Em"'lovrnent
Puhlic'transport. S S S
Lunch 70
Tax.es
Real estate S S S
Personal Property
Insurance
Homeowner's S S S
Automobile . r.:-Ci' Cl
Life
Accident
Health 10
Other
Automobile
Payments S S 'i is' s
Fuel '2.5
Repairs - lAC
Medical
Doctor S S S
Dentist
Orthodontist
Hospital
Medicine
Special needs
(glasses, brac~:~
arrha . vi
EXPENSES (Fill in Appropriate Column)
(continued) WEEK MONTH YEAR
Education
Private School S S S
Parochial &::hool
Collegr: So
Religious
Personal
Clothing S s ioe:, s
Food 20D
~~~=;:~e.... 2c::,
"
Credit Payments
Credit Card ,
Charge
Memberships LHO
Loans
Credit Union S S S
ros.,-l.lt\I ~ "-\"'-"'.\1.
rr>i> ,.J
Miscellaneous
Household Help S S $
Child care
Paperslbooks 30
Maaazines
Entertainment [2.0
Pay TV
Vacation
Gifts
legal fees
;~~~table
.t";bu';ons
~~~~hild
Alimony
Pa.......ent't
Other
S S S
I ~~~~nses: Is 'rrg s 2~%t~l(. s 1:F-l'q
I verify that the statements made in this Income and Expense Statement are tnle and correct. [understand that false
statements herein are subject to the criminal penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities.
J)Ld?-~D ~. ~L _ ,
Page -::l Form IN,008
Service Type M Worker ID 21203
_.,~ _ _"'_',,-~..."~_""__ .-.__....,.". .....~._. "",. ,.....". _. , :_'.-::~..,:;-.;"'~'::.:~.r..: ',,:~.- .......--;..,.....-;-:- :~..._.
:......':..;;-T:~..::,...:~::;~~.7{~:.: ~:~~:~~~: ,:':" r:~:':;' ;~' ;.:~: ~":-:.':::~Y;- ji'~~:~-4S~~ .1~:, ,;~ :::..-'~ ,;>-~;::::~~.;., ;;::.;;::: '/ (:::~.~ '~/'.~ I, :.:. : ,~:: ~ '~':~".~::":':'~,,: ~-::~
~
-
~
[ncome and Expense Statement
PACSES Case Number 2Bl02110
Covcra~e '"
INSURANCE
CO"II'ANY POLICY # H W C
Hosniw.1
Blue Cross
Other
~ -
Mcdic31
Blue Shield
Other
Health/Accidem (-(CALIf{ jl.t>1.ef.l C^ ~ \oo(;iikooOI / / /
Disahility Income
Dental LIS""'- 0610l!\L ?LuS r,g~~ O~,~ / J J
Oilier 1-:'tI 1'\' v'$lo,-,7LP...J j'-!l'i'l l.&1,/f4 I I I
* H=Husband: W=Wife: C=Child
Section II: Supplemental Income Statement
a. This form is [0 he tilled out hy a person
o (1) who operates a business or practices a profession. or
o _ (2) who is a member of a partnership or joint venture, or
o (3) who is a shareholder in and is salaried by a closed corporation or similar entity.
b. Anach to this statement a copy (lfthe tollowing documents relating 10 the partnership. joint venrure. business. profession.
corporation or similar entity:
(I) the most recent Federal Income Tax Return. and
(2) the most recent Protit and Loss Statement
c. Name of business:
Address and telephone numl:1er:
d. Nature of business (check one)
D (1) paI1nership
D (2) joint venture
o (3) profession
o (4) closed corporation
o (5) other
e. Name ofaccoll.."1!;mt. controller or {)ther rersrm in charge of financial records:
f. Annual income from business:
(l) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deductions. if any:
Page 2 0[3
Form IN-008
Worker 10 11203
Service Type M
"'.,'
','.---,~.
HAMILTON & MUSSER, PC, CPA's
101 OLD SCHOOLHOUSE LANE
MECHANICSBURG, P A 17055
717-697-3888
Filing Instructions
Form 1040 and Form 1040-V
U.S. Individual Income Tax Return and Payment Voucher
Taxable Year Ended December 31,1999
Name: KATHLEEN B & JOHN D POPHAM
Date Due: April 17, 2000
Remittance: A check in the amount of $289 should be made payable
to the United States Treasury and included with the voucher.
Write "S.S.N. 172-50-0420, 1999 Form 1040" and
your daytime phone number on the check.
Internal Revenue Service
P.O. Box 8530
Philadelphia, PA 19162-8530
Mail To:
Signature: You should sign and date the return on Page 2.
Other: Initial and date the copy, and retain it for your records.
Do not attach your payment or Form 1040. V to your return
or to each other. Instead, put them loose in the envelope.
EXHIBIT
I C
Fonn 1040 \ Two Year Comparison Report 11998 &1~~91
'>'~'-'-',,_.. -',
Name I Taxpayer Identification Number
KATHLEEN B & JOHN D POPHAM 172-50-0420
1998 1999 Differences
1. Salaries and wages 1. 107 952 108 478 526
.....................................
2. Interest income ...... 2. 249 148 -101
...........................-.........
3. Dividend income 3. 18 12 -6
....................-...................
4. Taxable statelfocal refunds 4. 11 -11
............................-.-..
5. Alimony received 5.
.............................-..-.,......
I G. Business incomelloss G.
....................................
n 7. Capital gainlIoss 7_
................ ............ ...........
c 8. Other gains/losses 8.
.......................................
0 9. Taxable IRA distributions 9.
.................................
m 10. Taxable pensions 10.
.......................................
0 11. Rent and royalty income including farm rental. . . . . . . . . . . . . . . 11.
12. Partnership/S corp income 12.
... ..~.......... ... ... ...... ...
13. Estate or trust income .,....................~..............-- 13.
14. Farm income/loss 14.
.....................-,.................
15. Unemployment compensation 15.
.............................
1G. Taxable socIal security 1G.
.. ... ... ....... ... ........ '-'" .....
17. Other income 17. 500 500
. ......-... ... ... .......... ........ .... .....
18. Total Income 18. 108 .230 109 138 Cl08
A 19. IRA deductions 19.
d ...................................~~.....
20. Moving expenses 20.
J ........................................
21. SE tax adjustment 21.
u .......................................
s 22. SE health insurance 22.
........................,............
. 23. KeoghlSEP/SIMPLE deduction 23.
m ..... ................. r.....
24. Forfeited interest 24.
0 ................................n-......
n 25. Alimony paid 25.
............................................
. 2G. Other adjustments 2G.
jlu .................. -............,..,...-
s 27. Ad usted aross Income ..................... . . ... ... 27. 108 230 109 138 908
D 28. Medical 28.
................................................ 221 .119
0 29. Taxes 29. 6 7 898
d ........................,...............-..........
30. Interest 30. 5 028 3 466 -1 562
,....................,............ ...............
u 31. Contributions 31. 645 1 074 429
...........................................
c 32. Casualty losses 32.
...................,........ .............
. 33. Miscellaneous expenses 33.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I 34. Allowable itemized deductions 34. 11 894 11 659 -235
...................-. ......
0 35. Standard deduction 35.
... .......................-... .........
n 36. Exemptions 36. 10 800 11 000 200
s ........... ......................... . . .. ~ .. .. 479 Cl43
37_ Taxable income 37. 85 536 86
38. Tax on taxable income 38. 18 442 18 617 175
........... ........ ......... ......
39. Child care credit 39.
.......... ........ ..... ...........-. .....
T 40. General business credit 40.
................ ..................
a 41. Other credits 41. 400 500 100
................................. ...........
x 42. Total credits 42. 400 500 100
...........................................
43. No' tax liability 43. 18 042 18 117 75
.........................................
c 44. Self-employment taxes 44.
...................................
0 45. Alternative minimum tax 45.
..................................
m 4G. Other taxes 4G.
....... .................... .-~.-.-.--~n ~.~.-.-.....
P 47. Total tax ........-. 47. 18 042 18 117 75
......................................
u 48. Income tax withheld 48. 17 807 17 828 21
... ...................,.,...........,
. 49. Estimated tax payments. ,.,.............J.. ..._... ........ 49.
a 50 Other payments 50.
.......................,..".............
. 51. Total payments 51. 17 807 17 828 21
..........................,...........-.-.-- 235
I 52. Tax due/refund 52_ 289 54
.........................................
0 53. Penalties and interest 53.
....................................
n 54. Net tax due/refund.............. r.-.-. r................... 54. 235 289 54
55. Tax Bracket 55. 28% 28~ .;'-,- .. ,',.'
. . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . . . . . .--,
5G. Total Tax as % of Taxable Income ...... ................. 5G. 21% 210 ."
,em
1040
Label
(See
instructions
on page 18.)
Use the IRS
label.
Otherwise.
please print
or type.
Presidential
Election Campaign
See a e 18.
1
Filing Status 2
3
Check only
one box.
Exemptions
If more than six
dependents,
see page 19.
Department of the Treasury- Internal Revenue Service
U.S. Individual Income Tax Return
1999
99 IRS Use On - Do not write or sta Ie In this s ace.
.1999. endin OMS No. 1545-0074
Your socra' socurity number
172-50-0420
Spouso's social security number
74-72-6694
..... IMPORTANTI.....
L
A
B
E
L
H
E
R
E
For the ear Jan. 1-Dec. 31. 1999. or other tax ear b inn!n
Your first name and Initial Last name
KATHLEEN B
P PRAM
If a joint retum, spouse's first name and initial
JOHN D
Home address (number and street). If you have a P.O_ box. see page 18.
1922 KENT DRIVE
Last name
Apt no.
You must enter
our SSN s above.
No Note. Checking
"Yes" wilJ not
change your tax or
reduce our refund.
City, town or post office. state, and ZIP code. If you have a foreign address, see page 18.
CAMP HILL PA 17011-5930
.... 00 you want $3 to go to this fund? .................,...........,........... ._.........
~ If a 'oint return. does our souse want $3 to 0 to this fund?
Singfe
Married filing joint return (even jf only one had lncome)
Married filing separate return. Enter spouse's social security no. above
and full name here.....
Head of household (with quaJifviIJg Pf.!rsonJ. {See page 1B.llfthe qualifying person is a child
but not your dependent. enter this Child's name here. ....
Quali in widower with deoendent child eaT 5 QUse died"- 19 See a e 18.
Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax
return. do not check box 6a
Yes
x
X
4
5
6a
No. of boxes
checked on
6a and 6b --2.
No. of youI'
children on 6c
(4) Ck. if who:
qual. C!1ild . Uved with
~~it you ~
see . 19>. did not !lve
with you due
to dIvorce or
separation
('08 pg. 19) _
Dependents on
6c not en-
tered above
b
Souse
Dependents:
(2) Dependent's
social security number
(3) Dependent's
relationship to
ou
DAUGHTER
SON
c
1 Firstname
Last name
POPHAM
-POPHAM .
174-70-51
174-70-5045
RACHEL
RICHARD
.- Add numbe~
d Total number of exemntians claimed. , .n._ ~~~~:~r?~a 4
.. ... ..... p -
7 Wages, salaries, tips, etc. Attach Form(s, W-2 7 108 478
Income .....'.........,.........,..'...................'......'
8a Taxable interest. Attach Schedule B if required .,......,.....,...'. r""j'" ...or.. ..... u..' ..-_~- 8a 148
All. Copy B of b Tax-exempt interest. 00 NOT indude on line 8a .....'........,.. 8b .:~
your Forms W-2
and W.2G here. 9 Ordinary dividends. Attach Schedule B if required ..,.......,......,.....,..............,........ 9 12
Also attach 10 Taxable refunds. credits. or offsets at state and Iocal income taxes (see page 21) 10
Form(.) 1099,R ............'......
If tax was 11 Alimony received.....,........."......."..,...............,.............,..............,.. 11
withheld. 12 Business Income or (loss). Attach Schedule C orC.E:,z ......'.........'..'....................0 12
If you did not
get a W-2. 13 Capital gain or (loss). Attach Schedule 0 if required. If not required. check here.... 13
see page 20. 14 Other gains or (losses). Attach Form 4797 . . . . . . . . . . . . , . . . . . , . . . . . , . . . . . . , . . . . , . . . . ' . . . . ' . . . . . . 14
15a Total IRA distribution. ~ I b Taxable amount (see page 22) 15b
16a Total pensions and annuities 16a b Taxable amount (see page 22) 16b
17 Rental real estate, royalties. partnerships, S corporations, trusts. etc. Attach Schedule E 17
............
Enclose. but do 18 Farm income or (loss). Attach Schedule F ......,.,.............,.....,...,....,......,.,. ,..... 18
not staple. any 19 Unemployment compensation ...............,.........................',.......,............. 19
payment. Also. 20a Socia' security benefits....,., 120a I I b Taxable amou~t (see page 24) 20b
please use
Form 1040.V. 21 Other income. Usttype & amt. (see page 24) .... .1?~~7!~........,..................... .-:--.~.. 21 500
.'
22 Add Ole amounts in the far rilJht column for lines 7 throulJh 21. This is vourtotallncome ~ 22 109 138
23 IRA deduction (see page 26) 23 ,
,..............................'...
Adjusted 24 Student loan interest deduction (see page 26) 24 'fZ
...............'....
Gross 25 Medica! savings account deduction. Attach Form 8853 . . . . . . . . . . . . . 2S
Income 26 Moving expenses. Attach Form 3903 26
.,..........................
'2:7 One.half of self-employment tax. Attach Schedule SE .".......... 27
28 Self-employed health insurance deduction (see page 28) 28 f
...".....
29 Keogh and self-employed SEP and SIMPLE plans 29
..".........." ,co:
30 Penalty an early withdrawal of savings ... , . . . .................... 30
31a Alimony paid b Recipient's SSN" 31a c;;":
32 Add lines 23 through 31a... .......... .."...,.. ..'.......... ....... 32
...,.....,-.. . . . . . . ~. . . . ' . . '
33 Subtract line 32 from line 22. This is vour adlusted cross Income- ~ 33 109 138
For Disclosure. Privacy Act. and Paperwork Reduction Act Notice. see page 54.
D4A
Form 1040 (1999)
, 'D'D '''9 KATHLEEN B & JOHN D POPHAM
Tax and
Credits
Standard
Deduction
for Most
People
Single:
$4,300
Head of
household:
$6.350
Married filing
jointly or
Qualifying
widow(er):
$7,2:00
Married
filing
sepa.rately:
$3.600
Other
Taxes
Payments
Refund
Have it
dlrectll
deposited!
See page 48
and fill in 6Bb.
66e. and S6d.
Amount
You Owe
Sign
Here
:a ~:~n~~om [r~:~ ~:~:~~~~~;:r:ncome[I BIi~'d;- . . "0 s~~~.~~ ~~ '65 ~'r'~ld~r: . . '0 'Bli~d: . .
Add the number of boxes checked above and enter the total here . . . . . . . . . . . "_ ... 3Sa
b If you are married filing separately and your spouse itemizes deductions or
you ~ere a dual-status arien. see .page--30 and check here .......................... .. 3Sb
36 Enter your Itemized deductions from Schedule A, line 28. OR standard deduction
shown on the left But see page 30 to find your standard deduction if you checked any
box on line 35a or35b or if someone can daimyou as a dependent ...............................
Subtract line 36 from line 34 ........................,... ~""""""""""""""
]f line 34 is $94,975 Qr less. multip]y $2.750 by the total number of exemptions claimed on
line 6d. If line 34 is over $94.975. see the worksheet on page 31 for the amount to enter . . . . . . . . . .
Tax:able Income. Subtract line 38 from line 37. If Une 38 Is more than line 37, enter-o-
Tax (see page 31). Check if any tax is from a 0 Forrn(s)8614 .......~..............
b 0 F0lll14972 ..................".................. ......................._.... 40
Credit for child & dependent care expenses. Attach Form 2441 41 '.:.,-,
Credit for the elderly or the disabled. Attach Schedule R ........... 42 }~~
Chldta d"t( 33) 43 500 "~.
i x cre J see page ............ '_" ._,_................,. _ "",'
Education credits. Attach Form 8863 44 ;t';..
Adoption credit Attach Form 8839...:::: ::':::::::::::::::::::::: 45 "I;
Foreign tax credit. Attach Form 1116 if required 46 :~:~
Other. Check if from a' 8 Form 3800 . . i,' . D . 'F~;';" 8396 ~
c 0 Form 8801 d Form (specify) _ __ 47 .zt~.
48 Add lines 41 through 47. These are your total credits ................................ _.... ._..... 4S
49 Subtract line 48 from line 40. If line 48 is more than line 40, enter -0- .. 49
50 Self-employment tax. Attach Schedule SE................ .-:................................:.., 50
51 Alternative minimum tax. Attach Form 6251 .. ........ .... ....... ..... ... .... ..' ...._...... ..... 51
52 Sodal security and Medicare tax on tip Income not reported to employer. Attach Form 4137 . . . . . . . . . . 52
53 Tax on IRAs. other retirement plans. and MSAs. Attach Form 5329 if required ............ _......... 53
54 Advanceeamed income credit payments from Form(s)W-2 ........ '_'" _........ ._................ 54
55 Household emproymenttaxes. Attach Schedule H............................. ........... _. 55
56 Add lines 49 - 55. This is our total tax .. 56
57 Federal income tax withheld from Forms W.2 a-nd 1099 57 17 828 ,,~it~
58 1999 estimated tax payments & amount applied from 1998 return 58 .~
59a Earned Income credit. Attach Sch. EIC if you have a qualifying child ' '-"-
b Nontaxable earned income; amount ~ ~f
& type ~ 59a'-
............................................. :'~<<;,'
60 Additional chifd tax credit. Attach Form 8812 60 ';;::'_:
...................... .:~.
61 Amount paid with request for ext. to file (see pg. 48) . . . . . . . . . . . . . . . 61
62 Excess social security and RRTA tax withheld (see page 48) 62
63 Other payments. Check if from a 0 Fonn 2439 b 0 F~'r~; ~~3~ 63
64 Add lines 57, 58, S9a, & 60 - 63. These are our total a ments ". ..
65 If line 64 is more than line 56. subtract JJne 56 from line 64. This is the amount you OVERPAID. . . . . . .
66a Amount of line 65 you want REFUNDED TO YOU ...... _..... _........ ._. ._n_.....'......... _. ..
~ b Routing number I 'I ~ c _ Type: 0 Checking 0 Savings
)II. d Account number . I
67 Amountofline65 ouwantAPPLIEDTOVOUR2000EST.TAX ~ 67
68 If line 56 is m~~e than line 64. su6-tract line 64 "from 'Une 56. This is the AMOUNT YOU OWE.
For details on how to pay, see page 49 ..................,..,........ _....... ._......,...... ....
69 Estimated tax enal . Also indude on line 68 " 69
Um;1er penalties of perjury, I declare that I have examined this return and aCCt:lmpanying schedules and statements, and to the best of my knowledge and
belIef, they are true. cOrrect, and complete. Declaration of preparer (other than tax~yer) is based on all infonnation of which preparer haS any knOwledge.
Da -me telephone number (0 'onal
Date Your occupation
37
38
36
37
:11!
39
40
38
39
41
42
43
44
45
46
47
.:_~t.~
j--*,JA.',
:...;:....
64
65
66a
Joint return? Your slgnatllre
See page 18. ...
Keep a copy r S
for your
records.
TECHNICAL WRITER
Spouse's occupation
PROGRAMMER
38
11 659
7 479
11 000
86 47
18 61
500
18 117
18 117
17 828
289
-"'."~ .
i,'i'-..--"<
Date
Check if
self-emol ed
Preparer's SSN or PTIN
179-44-9679
EIN 23-2213999
ZIP code
Pr rer's
Paid si nature
Preparer's Firm's name (or yours ...
Use Only if self-employed) and r
address
OM
HAMILTON & MUSSER PC CPA'S
101 OLD SCHOOLHOUSE LANE
MECHAN CSBURG A
17055
Fonn 1040 (1999)
KATHLEEN B
Medical
and
Dental
Expenses
Taxes You
Paid
(See
page A,2.)
Interest
You Paid
(See
page A-3.)
Note:
Personal
interest is
not
deductible.
Gifts to
Charity
If you made a
gift and got a
benefit for it,
see page A-4.
Casualty and
Theft Losses 19
Job 20
Expenses
and Most
Other
Miscellaneous
Deductions 21
22
(See
page A.5 for
expenses to
deduct here.)
23
24
25
26
Other 27
Miscellaneous
Deductions
Total
Itemized
Deductions
Schedule A-Itemized Deductions
(Schedule B Is on back)
....Attach to Fonn 1040. ~ee Instructions for Schedules A and B
1
2
3
4
5
6
7
8
9 Add lines 5 lhrou h 8
10 Home mortgage interest & points reported to you on Form 1098
11 Home mortgage interest not reported to you an Form 10.9B. If paid
to the person from whom you bought the heme. see page A--3 and shaw that
person's name. identifying no., and address.... ,........................
...................,..........................................
12 Points not reported to you on Form 1098. See page A-3
for special rules... ._..................,..,..,...............
13 Investment interest. Attach Form 4952 if required. (See
page A.3.) ....................................................
14 Add lines 10 throu h 13 .
15 Gifts by cash or check. If you made any gift of $250 or
more, seepageA-4 .. ... ... .... .... ..,. ." .... ... ... ......
16 Olher than by cash or check. If any gift of $250 or more.
see page A-4. You MUST attach Form 8283 if over $500 . . . . . . . . . . .
17 Carryover from prior year.. . .. .. . . . . . . . ,.. .. . .. .. .. . . . . . . . .. . . ..
18 Add lines 15 thrau h 17
Casual or theft 1055 es . Attach Form 4684. See a e A-5.
Unreimbursed employee expenses- job travel, union
dues. job education, etc. You MUST attach Form 2106
or 2106-EZ if required. (See pageA-5.)" ."......,...,.._.
~"j..~
~
1
~~,
3
5
6
7
'.."",,,",,,.
: ::~ ,".
8
11
12
13
16
17
Tax preparation fees.........................................,.
Olher expenses- investment. safe deposit box, etc. Ust
type and amount" ............................................
20
21
22
23
Add lines 20 threugh 22... ..' ..... ...... .... . ... '" ... ..... ,.
Enteramt.fromFonn1040.!n.34 24 109138_",,-
Multiply!ine 24 above by 2% (.02)............,........... .......
Subtract line 25 from line 23. If line 25 is more than line 23. enter -0-
Other~from listen page A-6. List type and amount" ........................
25
28 Is Form 1040. line 34, over $126,600 {over $63.300 if married filing separately}?
~ No. Your deduction is not limited. Add the amounts In the far right column
for lines 4 lhrough 27. Also. enter this amount on Form 1040, line 36.
o Yes. Your deduction may be limited. See page A-6 for the amount to enter.
OAA
For Paperwork Reduction Act Notice. see Fonn 1040 InstructIons.
j\\'C.~U\...'C.S I'.ll..B
(form 1040)
Department of the Treasury
Internal Revenue Service 99
Name(s) shown on Fonn 1040
& JOHN D POPHAM
Caution: Do not indude expenses reimbursed or paid by olhers.
Medical and dental expenses (see pageA-1) .....,..............
Enter amt. from Form 1040. In. 34 2
Multiply line 2 above by 7.5% (.075) .... .........,...............
Subtract line 3- from line 1. If line 3 is more than line 1. enter-O.
State and local income taxes ...................,...............
Real estate taxes (see page A-2} ................................
Personal property taxes.......... ._...............,.............
Olhertaxes. List type and amount~ ...................,........
Your social security number
172-50-0420
4 470
1 83
B~O
9
3 466
:";,,
l~
',.""""'.
I
'."~'
.,;:'':W'! ~
14
135
~-
-'~: -,-,
2 183
26
27
}.
~
28
OMS No. 1545-0074
1999
07
ttachment
o
7 11
3 466
1 074
o
11 659
o"..~ .~".'-'''~'''~ ~;."
Schedule A (Form 1040) 1999
i ~
Form 1040
Child Tax Credit Worksheets
1999
Name
KATHLEEN B & JOHN D POPHAM
Child Tax Credit Worksheet. Form 1040, Line 43 or 1040A, line 28
Taxpayer Identification Number
172-50-0420
1. Number of qualifying children: L x $500. Enter the result. ." ...' .... .....,..... '.' ,. '....... .......,........ 1.
2. Enter the amount from Form 1040.1ine 34 or Form 1040A, line 19. ,...........,.....'...............,........'.....,. 2.
3. Enter the total of any exclusion of income from Puerto Rico. and amounts from Form 2555, lines 43 and 48. ....,......... 3.
4. Add lines 2 and 3. ........... _....,..........._. '" ..' ..' ....._". _......,...................................... 4.
5. Enter: $110,000 if married tiling jointly; $75.000 if single, head of household. or qualifying wldow(er};
$55,000 if married fillng separately.......,.....,..... _....,............ ..P..... ...... ...... ........ ..... ......, 5.
6. Is the amount on line 4 more than the amount on line 5?
1XI No. Leave line 6 blank. Enter ~o. on fine 7.
o Yes. Subtract line 5 from line 4. If the result is not a multiple of $1 ,000. } . , ,. 6.
increase it to the next multiple of$1,000,
7. Multiply the amount on line 6 by 5% (.05). Enter the result ..........'......., , . . . . . .. .. . .. . . . . .. .. .. ... .. . . . . . . ., 1.
8. Subtract line 7 from line 1. If zero or less. stop here; you cannot take this credit. '.........................,.........., 8.
9. Enter the amount from Form 1040. line 40 or 1040A. line 25. ......., .... .... ...,.. ._. ..... ..._...,., ........ ._. ..... 9.
10. Add the amounts from Form 1040 lines 41. 42 and 44 or Form 1040A lines 26, 27 and 29. Enter the total. . . . . . . . . . . . . . '" 10.
11. fs the amount on line 1 of this worksheet $1,500 or more AND are you claiming any of the following credits?
. Adoption credit, Form 8839 . Mortgage interest credit, Form 8396 . District of Columbia credit, Form 8859
6D No. Enter the amount from line 10.
DYes. Enter the amount from Child Tax Credit - Une 11 Worksheet below. } -... 11.
12. Subtract line 11 from line 9. . . . . . , .. . . _ . . . . . . . . , .. . . . ' . . . . , ' . . . , . . . . '" ' . . . . . . . . . .. . . . . . . . . . . . . . . . . " . . . . . . . . . . . '. 12.
13. Child tax credit. Enter the smaller of line 8 or Ifne-fZ tiere and on Form 1040, line 43 or 1040A.line 28 13.
500
109.138
109.138
~10,000
o
500
~8.617
18.6~7
500
. Chile! tax Credit -line 11 Worksheet
Use this worksheet only if you checked "Yes" on line 11 of the Child Tax Credit Worksheet above.
1. Enter the amount from line Bafthe Child Tax Credit Worksheet above. .....,........................................, 1.
2. Enter the total social security and Medicare taxes withheld from your pay (and your spouse's If filfng a Joint ,........,...., 2.
return). These taxes should be shown in boxes 4 and 6 of your Fonn(s) W-2.lfyou worked for a railroad, see below.
3. Enter the total of the amounts from Form 1040. line 27 and line 52, plus any uncollected social security
and Medicare or RRTA taxes shown in box 13 of your Fonn(s) W-2with codes A, a, M and N. ....... _..............., _. 3.
4. Add lines 2 and 3..,.......,.."....,.......,........... ....._.. ............ _ ,_. _ _. _.... _... _..... .....,........ 4.
5. Add the amounts from Form 1040.I;nes 593 and 6.2 or Form 1040A, line 37a and excess sodal security tax included
on line 39. Enter the total
6. Is the amount on line 4 mare than the amount on line 5?
8- No. Go back to the Child Tax Credit Worksheet above and enter the amount from line 10 on line 11.
Yes. Subtract line 5 fram line 4. Enter the result.
1. Is Ule amount on line 6 of this worksheet more than the amount on line 1?
8 No. Subtract line 6 from line 1. Enter the result.
Yes. Enter -a-.
Next, complete Forms 8839. 8396 and/or 8859 where applicable. Use the amount from line 7 above in place of
the amoont from Form 1040, line 43 or 1D40A.line 28. Then. go to line 8 below.
8. Enter the total of the amounts from Form 8839, line 15; Form 8396. line 11; and Form 8859. line 11. '" _ . . . . . , . . ' , _ . . . . . .
9. Enter the amount from line 10 of the Child Tax Credit Worksheet above. ....,... _...........,.........,......... _.'...
10. Add lines 8 and 9. Enter this amount on line 11 of the Child Tax Credit Worksheet above.
}.. 6.
} .d. 7.
Railroad employees. Include in the total on line 2 above any of the following taxes.
. Tier 1 tax withheld from your pay. This tax should be shown in box 14 of your form(s} W-2 and identified as "Tier 1 tax".
. lfyou were an employee representative. 50% of the total Tier 1 tax and Tier 1 Medicare tax you paid for 1999.
5.
8.
9.
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1998 I '..' .
1'040 Department of the Treasury-Internal Revenue Service
, U.S. Individual Income Tax Return IRS Use Onl".Oo not write or 5ta....18 in this SrlSc:e.
>1111
'For the vear Jan. 1-0ec. 31, 1998, or other tax vear.......jnntn... . 199B. endina ,1' I OMS No. 1545-0074
Label l. Your first name and initial I Last name: Your social security number
(See A KATHLEEN B POPHAM 172-50-0420
instructions B Spouse's social socurity number
on page 18.) E If a joint return. spouse's first name ani Initial Last name
l. JOHN D POPHAM 474-72-6694
US9 the IRS Home address (number and street). If you have a P.O. box, see pag6 18. _I Apt no. ... IMPORTANTl ...
label. H
Otherwise, E 1922 KENT DRIVE You must enter
please print R City, town or post office. state, and ZIP code. If you have a foreign address, see page 18. vour SSN(s) above.
-~
or type. E CAMP HILL PA 17011-5930 Yes No Note: Checking
"
Filing Status
Check only
one box.
Exemptions
If more than six--
dependents,
see page 19.
1
2
3
~ ~: ~;~t~:~~ ;::so ~u~h~S ~:? ~~~~ '$3 t~' ~. t~ thi~ fu~d'? ", ", ", ~ ". ", ", " " ~ " " " ~ " " " '. ~". ~ ". " " " " " " " ~', .
Single
X Married filing joint return (even if only one had income)
Married filing separate return. Enter spouse's social security no. above
and full name here....
Head ot househoJdJwith qualifying person). (See page 18.t If the qualifying person is a child
but not your depen ant, enter ihis Child's name here. ,..
Quail in widower with de endent child ear souse died.... 19 . See a e 18.
Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax
return. do not check box 6a
'"Yes will not
change your tax or
reduce our refund.
x
X
4
5
6a
. . . . . . . . . ........ . .. ......,..... ~~..' -. ..... .'.. ... ., . ........... . -.- .-. . . .-.. -... . . . . :.
1 No. of boxes
checked on
6aand 6b 2
No. of your -
....... - childrenon6c
4)Check if who:
qual. crsild -lived with 2
~r~1t you _
se& . 19~did not live
with you due
to divorce or
separation
(se& page 19)
....~.u...............................;_._......_................
b
o
Souse .'
Dependents:
(2) Dependent's
social security number
(3) Dependent's
relatlonship to
1 Firstname
RACHEL
RICHARD
Last name
POPHAM
POPHAM
ou
DAUGHTER
SON
174-70-5154
174-70-50.45
X
Dependents
on 6c not
entered
above
Add numborsn
d Total number of ex emotions claimed...................,...... ........... ;-....,.... ........... ._,_......;....... .. ~~~~~'l~?... 4
7 Wages, salaries, tips. etc. Attach Form(s) W-2 .......................... ......._. ..-. .._... .......':.-.... 7 107 952
Income 8a Taxable interest. Attach Schedule B if required . ........,....... .....j... ..j.... .....i.... ..........- .8a 249
Attach b Tax..exompt interest. 00 NOT include on line 8a . , . . . . . . . . . . . . .. _.. 8b
Copy B of your 9 Ordinary dividends. Attach Schedule 8 if required , . . . . ._. . . ................. -- ~-- . 9 18
Forms W-2, ...... .......... ........
W-2G, and 10 Taxable refunds. credits, or offsets of state and focal income taxes (see page 21) .... ._............... 10 11
1 099~ here. 11 Alimony received........... ......... ....... ..... ..................... ,,__-.;-;.'-.-.-._-;-._~............._ 11
12 Business income or (loss). Attach ScheduteC orC-EZ ............. .................... ...........~._.. . 12
If you did not 13 Capital gain or (loss). Attach Schedule 0 . ................. . . . . . . . . . . . . ..' ~.. _ . .. . . . . -. . . . ........; . .- 13
get a W-2,
see page 20. 14 Other gains or (losses). Attach Form 4797.............. .-. .-.-.......,....... .-...............~ .-..;...._ 14
15a Total IRA distributions. .. ..... ~ I b Taxable amount (see page 22) 15b
16a 16b
Total pensions and aMuities 16a b Taxable amount (see page 22)
Enclose, but do 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . . . . . . . . . . . . . 17
not staple, any 18 Farm income or (loss). Attach Schedule F _............... _. _..... . 18
payment. Also, ...............................-..
please use 19 Unemployment compensation . . . . ._._. . . . . . . . . . . . .-~. . . . . . . .........................- . . .........~.. . 19
Form 1040.V. 20a Social security benefits. ...... ~I I b Taxable amount (see page 24) 20b
21 Other income. List type & amount-see pg. 24.... .~~._................. ._.. .-... .-. .'._. .._..-... i......-....- 21
22 Add the amounts in the far richt CQlumn for lines 1throuoh 21. This. is vourtotal income ....-.... . 22 108 230
23 IRA deduction (see page 25) .......... ...~._... ._._._.................- 23
Adjusted 24 Student loan interest deduction (see page 27) . . . . . . . . . . . . . ......... 24
Gross 25 Medical savings account deduction. Attach Form 8853 . . . ' . ......... 25
Income 26 Moving expenses. Attach Form 3903.... ................. ......... 26
If line 33 is under 27 One-half of self-employment tax. Attach Schedule SE .. , . . . . . . '" . . 27
$30.095 (under 28 Self-employed health insurance deduction (see page 28) ... _ .. .. . . . 28
$10.030 if a child 29 Keogh and self-employed SEP and SIMPLE plans.. .. . . ." .. . . . .... 29
did not live with 3D Penalty on early withdrawal of savings . ........... ......... ...... 3D
you), see EIG ..
instr. on page 30. 31a Alimony paid b Recipient's SSN'" 31a
32 Add lines 23 through 31 a ............... ---- exHIBIT ..... ..................... 32
33 Subtract line 32 from line 22. This is your ... .... . . . . . . . . . , . . - . . 33 108 230
For Disclosure. Privacy Act, and Paperwork Reduction Act Nc I D Form 1040 (1998)
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,,"',., . ---
------
,110401199B}
iax and
Credits
Standard
Doduetion
for Most
People
Single:
$4,250
Head of
household:
$6,250
Married filing
joinUyor
Qualifying
widow(er):
57,100
Married
filing
separately:
S3.550
Other
Taxes
Payments
Attach
Forms W-2
and W-2G
on the front.
Also attach
Form 1099-R
if tax was
withheld.
Refund
Have it
directly
deposIted!
See page 44
and fill in 66b.
66e. and S6d.
Amount
You Owe
KATHLEEN
34
35a
-
60
61
62
63
64
65
66a
~ b
~ d
67
68
B & JOHN D POPHAM-
36
~~eOc~n~:from[r~:~ ~:%~~~:~::r~ncomeb ~1~~~;'" n ~~~~~~'~~.~ ~~ ~~'~l~~~..'" [i ~];~~:... L" 34
Add the number of boxes checked above and enter the total here . . . . . . . . . . . . . . , . ._'. . . . ... 353
b If you are married filing separately and your spouse itemizes deductions or
you were a dual.status alien. see page 29 and check here.. .. . , . .. .. . . .. , .. .. . .. . . . ,.. ... 35b 0
Enter the larger of your itomized deductions from Schedule A, line 28. OR standard
deduction shown on the left. But see page 30 to find your standard deduction if you
checked any box on line 35a or 35b or if someone can claim you as a dependent. . . . . . . . . . . . . . . ' . , . . 36
Subtract line 36 from line 34"....... ...................""............... ........,.............. ._._ 37
If line 34 is $93,400 or less. multiply $2,700 by the total number of exemptions claimed on
line 6d. If line 34 is over $93,400, see the worksheet on page 30 for the amount to enter ..............
Taxable income. Subt. line 38 from line 37. If In. 38 is more than In. 37. enter-o-
Tax. See page 30. Check if any tax (rom a 0 Form(s) 8814 .. ........... .......
b 0 Form4g72......... ............ ....................... .... ..................... ~
Credit for child and dependent care expenses. Attach Form .2441 41
Credit for the elderly or the disabled. Attach Schedule R .......... . . 42
Child t.x credil (see page 31) ........ ............... .............. 43
Education credits. Attach Form 8663.......... ................ .... 44
Adoption credit. Attach Form 8839................................. 45
Foreign tax credit. Attach Form 1116 if required . .. . .. .. . . . . . . .. . . 46
Other. Check if from a B Form 3800 b 0 Form 8396
c 0 Form 8801 d Form (specify) 47
Add lines 41 through 47. These are yourtotaJ credits...................................... ._..; ;0-...
Subtract/ine48 frorn line 40. If line 48 is more than line 40, enter-O- ,...""".".....".,.."...... ...
Self-employment tax. Attach ScheduleSE . .......... ....... ."_.... ...... ..... .-. .-;-;-.......... .......
Alternative minimum tax. Attach Form 6251 . ..... ._..... ..._...... ..........._...;. .-;"";. ........... .'.,.
Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 "........
Tax on lRAs . other retirement plans. and MSAs. Attach Form 53.29 if required ........ . . . . . . . . _. . . . . . .
Advance earned income credit payments from Form(s)W-2 ,. ............. ............... ..:"."'.. n-.-.
Household employment taxes. Attach ScheduleH .... ._......................... ........... ._. .......
Add lines 49-55. This isvourtotal tax......""....................".....",......"...,....... ...
Federal income tax withheld from Forms W~2 and 1099 . . . . . . ,. . . . . . 57 17 8 07
1998 estimated tax payments & amount applied from 1997 return 58
Earned income credit. Attach Sch. EIC jf you have a qualifying
child b Nontaxable earned inc.: amt. Jli I
&~e"'....""......."...........................,~,........ 5~
Additional child tax credit. Attach Form 8812 ....................... 60
Amount paid with Form 4868 (request for extension) . . .... .. . . . ..... 61
Excess social security and RRTA tax withheld (see page 43) ........ 62
Other payments. Check. if from a 0 Form 2439 b 0 Form 4136 63
Add lines 57, 58. 59a. &60-63. These arevour total cavments "...".."......,.".... n......,..... ...
If line 64 is more than line 56. subtract line 56 from line 64. This is the amount you OVERPAID.. . . . ..
Amount ofline 65 you want REFUNDED TO YOU .................... ,..... .......... .'.....,.,. ...
Routing number I I ... c 'Tvpe: 0 Checking 0 Savings
Account number . I
Amount of line 65 you want APPUEO TO YOUR 1999 EST. TAX ... '67 I
If tine 56 IS more than line 64. subtract line 64 from line 56. This is the AMOUNT YOU OWE.
For details on how to pay. see page 44 ,... ..........................;.....; .-....~..... ;....... ...
Estimated tax cenaltv. Also include on Iine6e .".,.............". ... 169 I
., 172'-50-0420
Paoe 2
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59a
69
108 230
11 894
96,336
38
39
10 800
85 536
40
18
442
400
48
49
50
51
52
53
54
55
56
400
042
18
18
042
64
65
66a
17
807
68
235
Sign
Under penaltIes of pel'Juty. I declare that I have exammed thIS return and ac:companYlng schedules and statements, and to the best of my Imowledge and
belief. they are true. correct. and complete. Declaration of preparer (other man taxpayer) is based on all information of which preparer has any knowledge.
Here Davtime telechone number fontional\
Joint return? Your signature Date Your occupation
See page 18. ~ TECHNICAL WRITER
Keep a copy Spouse's signature. If a joint return, 80TH must sign. D.te Spouse's occupation
for your PROGRAMMER
records,
Pre parer's ~ Date Checklf n I Preparer's social security no,
Paid skmature self..emploved 179-44-9679
Preparer's Firm's name (o( yours ~ HAMILTON & MUSSER PC CPA'S EIN 23 2213999
Use Only if self.employed) and 101 OLD SCHOOLHOUSE LANE ZIP code
address MECHANICSBURG PA 17055
DAA
,.- . ~,..,.. '.':'
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. "'7' -'-'~; .', ....-.-..".' "':-::7";;:.~'7.r;-y:"~~::~~;.~;;'::~~~-"'::. ''-~.7,~':::~''':.:"":: .~,:-::-.,,-:,,-'"
Schedule A-Itemized Deductions .' ,..
, .;HEDULES A&8 OMS No. 1545-0074
(J~Q'[m 1.040\ (Schudulo B is on back)
~~~~n~~~~~~es:'~f~:Y (99) ~Attach to FORn 1040, Jllsoe Instructions for Schodules A and B (Form 1040l. Attachment 07
Name(s) shown on Form 1040 I Your social security number
KATHLEEN B & JOHN D POPHAM 172-50-0420
Medical Caution: Do not include expenses reimbursed or paid by others.
and 1 Medical and dental expenses (see pareA-Y ....................... 1
Dental 2 Enter amount from Form 1040, line: 34 2
Expenses 3 Multiply line 2 above by 7.5% (.075) ................... ',','_"_'," '.,... 3
4 Subtract line 3 from line 1. If line 3 is more than line 1. enter-Q- .......... ...............~....._...... 4 0
Taxes You 5 State and local income taxes..... ._................................ 5 4 362
Paid 6 Real estate taxes (see pageA-2) ... ....... ....... ........... ...... 6 1 049
(See 7 Personal property taxes .'H~"""'" '," ........ .......... .......~ 7 810
page A,2.) 8 Other taxes. List wpe and amount.... ............-....._....-.-........-
. ..... . . .. . . . ... . . . . ...,. . '-' .... . ....., ... . .. '.~" '-'" . . .... . . . .... 8
9 Add lines 5 throuqh 8.... ....................... ... ........ ............., .... ..............~.~ ...' 9 6 221
Interest 10 Home mortgage interest & points reported to YOu on Fonn 1098 10 5,028
You Paid 11 Home mortgage interest not reported to you on Form 1098. If paid to the
(See person from whom you bought the home, S8e page A-3 and show that
page A,3.) person's name, identifying no., and address'"
...........................
... .. ........................~...r..............................,
...................................,......-.--...........,......-.....
Note: ......-...................-.--...........,............................ 11
Personal 12 Points not reported to you on Form 1098. See page A~3
interest is for special rules....... .......... ......... '!' ,._...... ........ ..,.. 12
net
deductible. 13 fnvestment interest. Attach Form 4952 if required. (See
page A-3.) ............ ........... .......................... .,..... 13
14 Add lines 10 thrQuah 13 ............... .._" '~_'~'" ._~.........................,.. """" ______ .._... 14 5 028
Gifts to 15 Gifts by cash or check. If you made any gift of $250 or
Charity more, seepageA--4 ... ~._._._. ......... .,...... ......... ....... ...... 15 615
If you made a 16 Other than ?y cash or check. If any gift of $250 or more,
gift and got a see page A-4. You MUST attach Form 8283 if over 5500 . .... . . .. . , 18 30
benefit for it. 17 Carryover from prior year .... ......... ............... ............. 17
see page A-4. 18 Add lines 15 throuah 17 ........ ...._..........._,..~.... ..... ..'-...:.. 18 645
". . . . . . " -~.... - . .. . .. . . ....
Casualty and
Theft Losses 19 CasuallY or theft loss(esl. Attach Fcrm 4684. (See paqe A,5.) ... ...................--...--..,....... 19
Job 2D Unreimbursed employee expenses-job travel, union
Expenses dues. job education, etc. You MUST attach Form 2106
and Most or 21D6,EZ if required. (See page A'5.)~ .................. .......
Other ...............-............-............,.............................
Miscellaneous - ,-- 20
.................A......................~.................._.......
Deductions 21 Tax preparation fees. . .. .. . ....................................... 21 130
22 Other expenses-investment. safe deposit box. etc. Ust
(See type and amount.... . . .... . . ... . . .. .-. .-.. .. ...... ........ . ~ . . . . . . . "
page A..fJ for 22
expenses to . . . . . . . . .. . . .. ... . . . . . . . .. .. .... ..... . .~. '--~'" .-.-. . .. '!" . . . . .. . . . .
deduct here.) 23 ::t:rl~;:u~~f::::21~~"I;~~"" r;~"T"""'" '-i'0'8': '2'3'0 23 130
24
25 Multiply line 24 above by 2% (.02) .. ...... .........."-.._............. 25 2,165
26 Subtract line 25 from line 23. If line 25is more than line 23. enter~O~...............,....,........ ... 26 0
Other 27 Other-from list on page A-6. Ust type and amount.... ...............................-...,....~......
Miscellaneous . . . . . . . . . . .. . . . . . . . . .-,..~...,.. '-'-'-'" . . ..... ........ . .-. . . . ... . . . .. .. .-. . . . . .. . . . " . ',"-" ... .. . . .... .
Deductions 27
Total 28 Is Fonn 1040. line 34. over $124,500 (over $62,250 if married filing separately)?
Itemized NO. Your deduction is not limited. Add the amounts in the far right column }
Deductions for lines 4 through 27. Also, enter on Form 1040, line 36. the larger of ~ 26 11 894
......
this amount or your standard deduction.
YES. Your deduction may be limited. See paQe A-6 for the amount to enter.
For PapelWork Reduction Act Notice. see Fonn 1040 instructions.
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Schedule A (F.orm 1040) 1998
Form
1040
Child Tax Credit Worksheets
1998
Name
KATHLEEN B & JOHN D POPHAM
Taxpayer Identification Number
172-50-0420
Child Tax Credit Worksheet. Form 1040, Line 43 or 1040A; Line 28
1. $400.00 X number of qualifying children L ~~ltiplyand ~nterresult.... .......... ................ ......... 1.
2. ArSOu filing Form 2555 or 4563, or are you excluding income from Puerto Rico?
No. Enter the amount from Form 1040. line 34, or 1040A.line 19. }...............................,....... 2.
Yes. Enter your modified AGI
3. Enter.-$110.000 if married filing jointly; 575,000 if single, head of household. or qualifYing widow(er);
$55.000 if married filing separately,., .............. .._..... ............. ........................., ,.,... .~.... 3.
4. Is line 2 above more than line 37
~ No. Skip lines 4 and 5. ente~-O-on line 6, and go to line 7. } . ............ ,." ......." ..~.. ....... .......... 4-
o Yes. Subtract line 3 from line 2 \
5. Divide line 4 by $1.000. If the result is not a whole number, round it up to the next higher whole number. ..... . . . . . . .... . . . 5.
6. Multiply $50 by the number on line 5... ........~.................n... ...-n-n....... ......... .... ............. d-'..-.. .._.. 6.
7. Subtract line 6 from line 1. If zero orle_ss. stop here; you cannot take this credit...., ..., ......... ....................... 1.
8. Entei" the amount from Form 1040,Iine 40 or 1040A.line25 ..........,.. ..........., ,_.., ....... ,._._._.._........ .._..._..... 8.
9. Is line 1 above more than S800?
IKI No. Add the amounts from Form 1040, lines 41. 42. and 44 or 1040A, lines 26, 27, and 29. Enter the total. } .. 9.
o Yes. Enter the amount from Child Tax Credit Worksheet below
10. Subtract line 9 above from line 8,.,.... ..............................' ._,..... ._. ....~........ ..... ._._._._........ .._..... '_'_" 10.
11. Child tax credit. Enter the smaller of line 7 or line 10 here and on Form 1040, line 43 or 1040A, line 28 ............ ,_..... 11.
400
108.230
no,ooo
o
400
18.442
18,442
400
Child Tax Credit - Line 9 Worksheet
Use this worksheet only if you checked "Ves" on line 9 of the Child Tax CredilWorksheet above.
1. Add the amounts from Form 1040, Jines 41. 42, and 44 or 1040A, lines 26, 27, and 29. Enter the total .._~............ . ' , .
2. Are you claiming any of the following credits; the adoption credit (Form 8839), the mortgage interest credit
(Form 8396), or the District of Columbia first-time homebuyer credit (Fonn 8859)7
B -No. Stop here; enter the amount from line 1 above on lil'!e 9 of Child Tax Credit Worksheet above. ........ .}..
Yes. Enter the amount from line 7 of Child Tax Credit Worksheet above.
Next, complete Form 1040, lines 52, 59a, 59b, and 62 or 1040A.lines 37a and 39b if they apply to you.
Then, go to line 3 below.
3. Enterthe total social security and Medicare taxes withheld from your pay (and your spouse's if filing a joint
return). These taxes should be shown in boxes 4 and 6 ofyourW-2 form(s).lfyou worked for a railroad, see below.
4. Enter the total of the amounts from Form 1040,Iine 27 and line 52. plus any uncollected social security
and Medicare or RRTA tax on tips or group-term life insurance. This tax should be shown in box 13 ofW-2
form(s) with codes A and 8 and M or N. ... ..............~....... ,.~.............. ........... ...... n.. ._............... 4.
5. Add lines 3 and 4..,........."........""" ,.. ._. ._........ ._. ....". ._. '_'_'_'_'_" ._......'. ...... ................,....., ...... 5.
6. Add the amounts from Form 1040, lines 59a and 62 or 1040A, line 37a and excess social security tax induded
on line 39. Enter the total
7. Subtract line 6 from line 5. If zero. stop here; enter the amount from line 1 above on line 9 of
Child Tax Credit Worksheet above. ................ ...............__.,..',...' ...................".,.'""". 7.
8. Subtract line 7 from line 2. If line 7 is more than line 2. enter -0-. This is your child tax credit for
purposes of figuring the credits listed on line 2 above ...,.,..,..."..,......... ......"...,. ................... 8.
Next, complete the applicable credit formes) listed on line 2 above. Use the amount from line 8 above in place of
the amount from Form 1040, line 43 or 1040A.line 28. Then, go to line 9 below.
9. Enterthe total of any adoption credit from Form 8839. line 14, mortgage interest credit from Form 8396,
line 11, and District ofCoJumbia first-time homebuyer credit from Form 8859, line 11 9.
10. Add lines 1 and 9. Enter the total here and on line 9 of Child Tax Credit Worksheet above. 10.
Railroad employees. Indude in the total on line 3 above any of the following taxes.
. Tier -rtax withheld from your pay. This tax should be shown in box 14 of your W-2 formes} and identified as ''Tier 1 tax",
. If you were an employee representative, 50% of the total Tier 1 tax and Tier 1 Medicare tax you paid for 1998.
1.
2.
3.
6.
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.,
1 W"'9~ tips, other comp. 2 federal im:;Qme'b'll. withhdd
56607.43 10389.12
j s.:.ciallllecurity wa!1e$ 4 Soc:ial :security tall" withheld
60163~ 49 3730.14
, Medicare wages ;and tips 6 MediCOlre tax withheld
601tl3.49 8,2.37
a CQll.ttol Number I Dspt Carp. I NEmployer use only
FED,W2 Wl1 34084
Esnployer''S name, add~ ;and ZIP code
'HERNATIONAL BUSINESS
.~ACHINES CORPORATION
i701 NORTH STREET
"'DICOTT, NY 13760.5553
'3-M09.--V9H-27403B
~~
Employer's FED 10 number d Employee's SSA number
13,0871985 474'72.6694
Soei;ll:seeurityti~ 8 Allocated tips
Adval\CCt Be lH'ymeRt 1 Q Dependent c:.are benefits
. Nonquoilitied plans 12 Benef~ included in box 1
3 - Set!! instr:s. for be'll. 13 14 other
D 3556.06
C 139,.23
5 Sbt emp-l Dece.:Sed I pensX' pia" I Legal rep. I Defe>r comp.
Empl~':s name, .ddr~ and ZIP code
3HN D POPHAM
922 KENT DRIVE
AMP HILL, PA 17011
statelfmp,oyer':5 $Ute ID na.l 17 S'bte wages. ti~. etc.
'A PM1000415. , _. ~_OO24.26
Stak- income tax " l.ocality nalM'
1680.70 HAMPDEN
-Local w;:ag=:, tips. etc.. 21 Local income tax
60907.49 609.12
Employee Reference co~
'V-2 Wage and Tax 1 98
Statement
,'C(OlEm"lovec{sRtccHds.. OMB No. I~oa
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,~,.u,._,,"_~.,...,...~. .
1998 W-2 and EARNINGS SUMMARY
';0'..
----
----
- - - --
---
- ----
.:..~-= ':' =-
---.-
'"
lntemaoonal 8usine5s
Machines Corporation
....1
The wages, tips, and other compensation
reflected in box 1 are the sum Of those
wages shown in your last pay statement
for 1998 plus any additional 1998 com-
pensation or adjustments received after
the 12122/98 payroll close.
JOHN D POPHAM
1922 KENT DRIVE
CAMP HILL, PA 17011
Social Security Number: 474-72~fi694
C 1999 AIJTQMA11C 'DATA ?I'mCESS1NG INC,
>lTFO~DANDOfTACl-IHE"E"
-~, ,.,,,":-
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.-.... .-..... ...~~ ,-,--
-.
Wag". tips, other comp. 2 Federal income till( withheld
51344.72 7418.00
Sociall!lec:urity wages . Socio.l ~rity tax withheld
54615.92 3386.'19
Medicare w4GeS and tips 6 Medlea~ tlIx withheld
5 15.92 791.93
. ConuolNumber I Dept Corp. I Employer use only
100224 GKQ 142 A 119
Employer's name, addfOOlll, &nd ZIP code
3TONER ASSOCIATES INC.
;170 HARRISBURG PIKE
::ARLlSLE PA 17013
Batch #00698
Employer's FED ID number d Enlployee'lS-SSA-ninriber
23.1877458 172-50-0420
SocUilll:lecurity tips - 8 Allocated tlp$
AdVarace EIC ~yment 10 Dependent clIre benefib
i Nonqualjfied plans 12 Benefita Included in box 1
, See inl!l,'t..... for box 13 14 other
C 97.08
03271.20
!5 Stat C11J1P.1 Deeencd I pen.~n plan I le5p;1 fep.. I Def~ compo
, Emplayeo'. n811K1, .ddreGa and ZIP code
<ATHLEEN B. POPHAM
i 922 KENT DRIVE
~;AMP HILL PA 17011
'3 statC'lfmp[OYCf"'lJlState 10 no. 17 statewagetll, tiP=o. etc.
PA 1239 5489 54518.84
, s~ incame tax ,. l.oc:alitynllme
1526.54 WSTB
.1 L0C41 w~. Ups, efc. 21 Local mCQme tax
54518.84 545.24
Employee Reference CO!}
tAl - 2 Wage and Tax 1 98
Statement
~ C fouln"lnIHWa reo:>nl.. 0"'8 No. Hi4SoOOOe
1998 W-2 and EARNINGS SUMMARY
This blue Earnings Summary section Is Included with your W-2 to help describe portions. In more detail.
The reverse side includes general information that you may also flnd helpful.
1. The following information reflects your ffnal1998 pay stub plus any llIdlustments submitted by your employer.
Gross Pay 54518.84 SocfalSecurity 3386.19 PA-StatelncomeTax 1526.54
,TnWlthheld Box 18ofW-2
Box 4 of W-2 Local Income Tax
Box21ofW-2
SUIs$DI
Box 14 01W.2
PA. State Wages. WSTB
l1ps. Etc. Loall Wage$.
Box 17 ofW-2 Tips, Etc.
Box20ofW..2
54,518.84
N/ft
N/ft
54,518.84
Fed. Income
Tax Withheld
Box2 of W.2
Medicare Tax
WIthheld
Box 6 01 W-2
7418.00
.791.93
545.24
3. Employee W-4 Profile. To change your Employee W-4 Profile Infonnation. file a new W-.4 with your payroll dept.
2. Your Gras$. Pay Was Adjusted as follO\W to produce your W..2 Statement.
Wages, Tlpti, other Social Security Medicare
Compensation Wages Wages
Box 1 ofW-2 Box3QfW~2 Box5ofW-2
Gross Pay
Plus GTI.Ic-Box 13)
LeSs401(k) 10-80x 13}
Reported W.2 Wages
54,S18.84
97.08
3,271.20
Sl,344.72
54,518.84
97.08
N/A
54,615.92
54,518.84
N/A
N/A
54,518.84
. __. ~______._____ R.__ _~__,.____._ _.,_____ ___ R___ ._'.'. . _..__.. _.:€:~~~~.C~,~?,..H~:!"__________________________. __._____._._ ___ .___R ______...__ _____________.
"
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54,518.84
97.08
N/A
54,615.92
KATHLEEN B. POPHAM
1922 KENT DRIVE
CAMP HILL PA 17011
Social Security Number: 172..so-D420
Taxable Marital Status: MARRIED
Exemptions/Allowances:
FEDERAL: 0
STATE:
LOCAL: 0
o 19BB AUTOMATIC DATA PROCESSING. INC.
,
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~...~-:,:"..,._""......__._., . <'"~. . -. _._~. _..~.'."'.
LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. BOX 1062
I. EMANUEL MEYERS <1915-(970)
BRUCE D. DESFOR
LAURIE:. A. SALTZGIVER
CATHERINE A. BOYLE
HARRISBURG, PA. 17108
(717) 236-9428
FAX (717) 23E>-2B17
WEBSITE www.meyarsdesfor.com
EMAIL lsaltzgiver@meyarsdesfor.com
cboyIe@meyersdesfor.com
January 2, 2001
Robert Elicker, Esquire
13 N. Hanover St.
Carlisle, PA 17013
RE: John D. Popham v Kathleen B. Popham
Dear Master Elicker:
Enclosed please find an executed certification regarding the
status of discovery in the above-referenced matter.
Thank you for your attention to this matter.
any questions, please feel free to contact me.
If you have
Very. truly yours,
J
- t:/
CAB/cay
cc: John Popham
Sam )l~des, Esquire
SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELF1:'H STREET
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 761-:5361
5 March 2001
FAX
(717) 7EH-I43e;
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham VS. Kathleen B. Popham
No. 00-1710 Civil Term
Dear Mr. Elicker:
You were appointed Master in the above case late last year. Shortly
after your appointment you gave the parties an additional sixty days to
complete discovery, in response to the request of Catherine Boyle, Esquire,
who represents Mr. Popham, that she needed additional discovery. The
sixty days have now passed, no discovery has been completed or requested,
and I think we can now move forward with the case. Frankly, I question
whether any formal discovery is necessary at all. The assets and liabilities of
the parties are fairly simple and the parties have already exchanged informal
discovery about those. If Ms. Boyle had a sincere need for discovery, I
assume she would have pursued that prior to this time.
I request that you set a date by which both parties should file their
Pre-Trial Statements and, thereafter, schedule a Pre-Trial conference. If
there is a real need for discovery, I am certain that Catherine Boyle and I can
work that out.
Sincerely,
~es
amh
cc: Kathleen B. Popham
Catherine Boyle, Esquire
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN D. POPHAM,
Plaintiff
NO. 00-1710 CIVIL TERM
vs.
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
KATHLEEN B. POPHAM, Defendant, moves the court to appoint a master with respect to the
following claims:
) Divorce
) Annulment
) Alimony
) Alimony Pendente Lite
(XX) Distribution of Property
( ) Support
(XX) Counsel Fees
(XX) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claim(s) for which the appointment of a master is requested.
(2) The Defendant has appeared in the action by his attorney, Catherine A. Boyle, Esquire.
(3) The statutory ground(s) for divorce is 3301 (c) of the Divorce Code.
(4) Delete the inapplicable paragraph (s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the following claims:
(c) The action is contested with respect to the following claims:
(5) The action does not involve complex issues of law or fact.
(6) The hearing is expected to take 8 hours.
(7) Additional information, if any, relevant to the motion:
Date: 28 November 2000
}8~'M,,?iJ211
Attorney for Defendant
ORDER APPOINTING MASTER
AND NOW a::P.PA'.#A4//.u/1J (3 ,2000, z::~ rll.uJ///) , Esquire is appointed
maste,with respect to the following claims: Distribution of Property, Counsel Fees, and Costs and
Expenses.
F1LED-O:7f!CE
OF ThE: P:::OTHONOTARY
DO DEe -8 PH 3: 2 !
CUM8ERUND OJUNTY
PENNSYLVANIA
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JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-1710
KATHLEEN B. POPHAM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
I hereby certify on
CERTIFICATE OF SERV~ ~
this l~~ day of e0t
, 2001, that
the foregoing Request for Production of Documents was mailed,
first-class, postage pre-paid to:
Kathleen ~B. Popham
c/o Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
-Ct
Catherine A. Boyle, E
Attorney for Plaintif
MEYERS, DESFOR, SALTZGfVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG. PA 17108
(717) 236-3428 . FAX (717) 236-2817
SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 781-5361
27 April 2001
FAX
{717} 761-1435
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham VS. Kathleen B. Popham
No. 00-1710 Civil Term
Dear Mr. Elicker:
Enclosed you will find the Pre-Trial Statement of the Defendant in the
above matter. I request that you schedule a Pre-Trial Conference at your
convenience. There are still some documents to be exchanged and I expect
the Plaintiff will not file his Pre-Trial Statement until that has been done. I
expect, however, that we will complete that exchange within the next two
weeks and the Plaintiff will be able to file his Pre-Trial Statement shortly
thereafter. In any event, there should be adequate time for the parties to get
their Pre-Trial Statements to you long before the time of the Pre-Trial
Conference.
Thank you for your attention to this matter.
Sincerely,
~
Samuel L. Andes
amh / Enclosure
cc: Kathleen B. Popham (w.enclosure)
Catherine Boyle, Esquire (w.enclosure)
J
LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. BOX 1062
l. EMANUEL MEYERS ([SI5-1970)
BRUCE D. DESFOR
LAURIE A. SALTZGIVER
CATHE.R1NE A. BOYLE
HARRISBURG, PA. 17108
(717) 236'9428
FAX (717) 236-2617
WE8SITE WNW.meyersdesfor.com
EMAIL IsaJtzgiver@meyersdesfor.com
eboyle@meyersdesfor.com
May 2, 2001
Robert Elicker, Esquire
13 N. Hanover St.
Carlisle, PA 17013
RE: John D. Popham v KathLeEn B. Popham
Dear Master Elicker:
I am not certain as to the reason Mr. Andes forwarded his
client's Pre-Trial Statement to you in the above-referenced
matter. To my knowledge, there was no Order or request from you
for said statements.
Additionally, neither party is in the position to certify
that the discovery is complete at this time. On the contrary,
answers to a Request for a Production of Documents and
Interrogatories have been due from Mrs. Popham since April 13,
2001.
Accordingly, Mr. Popham is not in the position to file a
Pre-Trial Statement or to move forward with a Master's hearing at
this time.
If you have any questions or in need of additional
information, please do not hesitate to contact me. Thank you for
your attention to this matter.
Very truly yours,
CAB/cay
cc: John popham
Sam Andes, Esquire
LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. BOX 1062
l, EMANUEL MEYERS <1915-1970)
BRUCE D. DESFOR
I..AURIE A. SALTZG1VER
CATHERINE A. BOYLE
HARRISBURG, PA. 17108
(717) 2:36-9428
FAX (?I?) 236-2SI?
WEBSITE www.meyersdesfor.com
E.MAlL lsaltzgiver@meyersdesfor.com
cboyle@meyersdesfor,com
May 8, 2001
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham vs. Kathleen B. Popham
Dear Master Elicker:
The reason this case has been delayed up until this point is
because Ms. Popham has yet to forward her answers to.me which
were due April 13, 2001. I simply cannot prepare a pre-trial
statement before discov~ry is complete. Please note that this
was the only discovery served upon Ms. Popham in this case and
serves as the only source of information for assets under her
control.
I have at all times communicated with your office as to the
status of discovery. Once I have received the responses from Ms.
Popham and have confirmed that they are responsive to our
requests, I will forward the disqovery certification to you
promptly.
Thank you for your attention to this matter.
questions, please feel free to contact me.
If you any
Very truly yours,
I
Catherine
CAB/mls
cc: John D.Popham
, T:, (7/7A-v{
1'I'-a. L.-l.>
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t~~~
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fv-~~/l~
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SAMUEL L. ANDES
ATTORNEY AT LAW
1525 NOaTH T'W"ELFTH STREET
P. O. BOX 16e
LEMOYNE7 PENNSYLVANIA 17043
TELEPHONE
(717) 761-5361
4 May 2001
FAX
(717) 761'143~
E. Robert Elicker, \I
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham vs. Kathleen B. Popham
No. 00-171 0 Civil Term
Dear Mr. Elicker:
I write in response to Catherine Boyle's letter to me of 2 May 2001.
I filed my pre-trial memorandum to keep this matter moving. When
you were first appointed and sent us the discovery certification; Ms. Boyle
claimed discovery had not been completed and you gave her an
additional sixty days to complete that. The sixty days expired sometime in
January or February of this year and she had not undertaken any steps to
proceed with discovery up to that time. When I wrote to you to advise
you of that and request that you proceed with the case, she quickly sent
me a Request for Production of Documents in March. My client has
assembled those documents and I have prepared an answer to it which I
expect to submit to Ms. Boyle next week, after my client has had a
chance to review and sign the answer. At that point, discovery, even by
Ms. Boyle's definition, will be complete.
The assets in this case are not complicated and the parties
exchanged extensive information about them informally before I
requested the court appoint you to proceed in the case. There is simply
no reason why Ms. Boyle cannot file a Pre-Trial Statement at this time. If
she feels she needs the documents that I am providing to her, she will still
have adequate time to prepare and file her Pre-Trial Statement by the
end of this month.
E. Robert Elicker, II
2
4 May 2001
I request that you schedule a Pre-Trial Conference at your earliest
convenience. Certainly Ms. Boyle will have adequate time to file a Pre-
Trial Statement prior to the conference.
Thank you for your attention to this matter.
Sincerely,
~Andes
amh
cc: Kathleen B. Popham
Catherine Boyle, Esquire
SAMUEL L. ANDES
ATTORNEY AT LAW
625 NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNE,PENNSYLVANIA 17043
TELEPHONE
(717) 761"5361
15 May 2001
FAX
(717) 761-1435
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham vs. Kathleen B. Popham
No. 00-1710 Civil Term
Dear Mr. Elicker:
As I believe you are aware, I represent the Defendant, Kathleen B.
Popham in the above matter. To complete the pleadings, I recently filed
a Petition for Economic Relief to raise claims for alimony, alimony
pendente lite, and counsel fees and expenses for my client. I enclose a
copy of the Petition I filed. This is one of the matters we will have to
address in the case if the parties are not able to resolve these, and the
other matters, by agreement.
Sincerely,
~I L. ;~des
amh / Enclosure
cc: Kathleen B. Popham (w.enclosure)
Catherine Boyle, Esquire (w.enclosure)
.~l<
,-
JOHN D. POPHAM,
Plaintiff
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY , PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
DEFENDANT'S PETITION FOR ECONOMIC RELIEF
AND NOW comes the above-named Defendant, Kathleen B. Popham, by her
attorney, Samuel L. Andes, and petitions the court for economic relief as follows:
COUNT I - ALIMONY
1. Defendant lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
2. Defendant is unable to support herself in accordance with the standard of living
of the parties established during the marriage through appropriate employment.
3. The Plaintiff is employed and enjoys a substantial income from which he is able
to contribute to the support and maintenance of the Defendant and pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding
Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate
to support and maintain Defendant in the station of life to which she has become
accustomed during the marriage.
COUNT II - ALIMONY PENDENTE LITE
4. Defendant is without sufficient income to support and maintain herself during
the pendency of this action.
5. Plaintiff enjoys a substantial income and is well able to contribute to the
support and maintenance of Defendant during the course of this action.
\1..
.-
,
.'
c ,
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her
reasonable alimony pendente lite during the pendency of this action.
COUNT 11I- COUNSEL FEES AND EXPENSES
6. Defendant is without sufficient funds to retain counsel to represent her in this
matter.
7. Without competent counsel, Defendant cannot adequately prosecute her claims
against Plaintiff and cannot adequately litigate her rights in this matter.
8. Plaintiff enjoys a substantial income and is well able to bear the expense of
Defendant's attorney and the expense of this litigation.
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the
legal fees and expenses incurred by Defendant in this litigation of this action.
~ o/J) Q~
el L. Andes
Attorney for Defendant.
Supreme Court 10 # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
I verify that the statements made in this Complaint are true and correct. I
understand that any false statements in this Complaint are subject to the penalties of 18
Pat C.S. 4904 (unsworn falsification to authorities).
Date:
E' /1 /oi
Jt;;-tLi-,--,--. '3 P~/,,,/Y'
.KATHLEEN B. POPHAM
,.--
.
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Petition for Economic
Relief upon counsel for the Plaintiff herein by regular mail, postage prepaid,
addressed as follows:
Catherine Boyle, Esquire
410 North Second Street
Harrisburg, Pa 17101
Date: 7 May 2001
~
Samuel L. Andes
Attorney for Defendant
LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. BOX 1062:
I. EMANUEL MEYERS (1915-1970)
BRUCE D. DESFOR
LAURIE A. SALTZGIVER
CATHERINE A. BOYLE
HARRISBURG, PA 17108
(717) 236-9428
FAX (717) 2:36-2817
WEBSITE www.meyersdesfot.com
EMAlL lsaltzgiver@meyersdesfor.com
cboy[e@meyersdesfor.com
June 6, 2001
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham vs. Kathleen B. Popham
Dear Master Elicker:
Please be advised that I have received Ms. Popham's
responses to our Request For Production of Documents. Although
there are still items missing, these issues may be more
effectively addressed at a pre-hearing conference.
Would you kindly schedule same at your earliest convenience.
Thank you for your attention to this matter. If you have any
questions or are in need of assistance in scheduling the matter,
please do not hesitate to contact me.
Very truly yours,
CAB/mls
cc: Samuel Andes, Esquire
John D. Popham
,
,
<
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-1710
KATHLEEN B. POPHAM,
Defendant
CIVIL ACTION - I,AW
IN DIVORCE
JUN 2 9 2001
PLAINTIFF JOHN_D. F_OPHAM'S PRE-TRIAL STATEMENT
PURSUANT TO FA.R.C.P. 1920.33
plaintiff John D. Popham (hereinafter referred to as
"Husband"), by and through his attorneys, Meyers, Desfor,
Saltzgiver & Boyle, hereby files his Pre-trial Statement
pursuant to Pa.R.C.P. 1920.33:
I.
ASSETS.
&aa Inventory and Appraisement attached hereto
and hereinafter referred to as Exhibit "A".
II. EXPERT WITNESSES.
A. Greaorv Crumlinq, CPA, BEARD, MILLER & COMPANY, 7 East
Market Street, York, Pennsylvania 17401. Mr. Crumling
will testify to the value of Husband's pension plan.
B. Terrv E. Freeman. FREEMAN REAL ESTATE, 3920 Market
Street, Camp Hill, Pennsylvania 17011. Mr, Freeman will testify
to the value of the marital residence.
Husband retains the right to call rebuttal witnesses,
as necessary.
III. OTHER WITNESSES.
A, John D. Popham
B. Kathleen B. Popham, as on cross-examination.
Husband retains the right to call rebuttal witnesses, as
necessary.
MEYERS, DESFOR1 SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 .. HARRISBURG, PA 17108
. (717) 236-9428 ~ FAX (717) 236-2817
.
IV. LIST OF EXHIBITS.
A. Appraisal of 1922 Kent Drive, Camp Hill, Pennsylvania.
B. Valuation report for Husband's pension, and any
exhibits attached thereto.
C. Wife's pay stubs.
D, Husband's pay stubs.
E. Joint tax returns and any attachments.
F, Relevant separate tax returns and any attachments.
G. Tax calculations.
H. CheCking/savings/credit union account statements.
I. Pension, 401(K) and other retirement account
statements.
J. Furniture inventory and values.
K. Credit card statements.
L. Documentation of credit/marital debts paid by Husband
since date of separation.
M. Income and Expense Statements for both parties.
N. N.A.D.A./Bluebook Values.
O. Documentation of vehicle debt/payments of same.
Husband retains the right to submit rebuttal exhibits, as
necessary.
V.
INCOME & EXPENSES.
See Income and Expense Statement
attached hereto and hereinafter referred to as Exhibit "C".
2
MEYERS. DESFOR. SAL12GIYER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRiSBURG, PA 17108
. (717) 236-9428 . FAX (717) 236-2817
,
.
VI. DEFENDANT'S EXPENSES.
Wife's Expe~ses are set forth in
her Pre-Trial statement previously filed.
VII. COUNSEL FEES. .Both parties.~re ~ainfully employed and able
to pay their respective fees.
Notably, the parties were
attributed similar earning capacities at a support
conference held within weeks of the date of separation.
Prior to the date of separation, Wife had actually been
earning even more with. another employer and voluntarily
changed jobs. As a result, spousal support was denied.
Currently, Wife is working full-time and earns a comparable
wage to her prior employment.
Further, Wife has numerous
other sources of funds from which to pay fees. She closed
the parties' joint checking account after the date of
separation. She received $5,000.00 as a gift from her
sister.
She also has at least three accounts opened almost
a year after the ,date of separation within excess of
$15,000.00.
Payment of counsel fees by either party is not
warranted in this case.
VIII.
PROPOSED RESOLUTION.
Hus~and proposes that he be
awarded 60% of the net marital assets and Wife will be
awarded 40% of the net marital assets.
Alimony and
counsel fees should be denied.
For five years prior to the date of separation,
3
MEYERS, DESFOR, $ALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1Q62 . HARRISBURG, PA 17108
. (717) 236~942B . FAX (717) 2:36-2817
Wife was working as a writer for Stoner Associates,
Inc., earning almost $56,000.00 gross per year. See
1999 joint tax return attached hereto and hereinafter
referred to as Exhibit "C".
Notably, that same year,
Husband earned $6l,000.00 gross through his employment
with IBM.
In 1998, both parties had similar salaries.
See 1998 joint tax return attached hereto and
hereinafter referred to as Exhibit "D",
Several weeks prior to the date of separation,
wife changed employers from Stoner Associates to
Computer Aid, Inc.
She held a similar position with
comparable pay.
Two weeks prior to the date of
separation, wife quit her job.
She acknowledged that
her employer wanted her to stay and as encouragement
not to quit, offered her a week off with pay.
Wife
refused, took an hourly paying job with the Census
Bureau and then filed. for support.
Wife was properly attributed her higher earning
capacity and spousal support was denied.
wife is
currently working at Campus Door, Inc., in a similar
position with similar pay,
Despite Wife's claims that she cannot support
herself and is in need of alimony, she continues to
send support money to her mother. She has also opened
at least three separate accounts since the date of
4
MEYERS, DESFOR., SALTZGIVER & BOYLE
410 NORTH SECOND STREET ~ P.O. BOX 1062 . HARRISBURG. PA 17108
(717) 236-$428 . FAX (717) :2:36-2817
separation with savings totally over $15,000.00.
For years during the marriage, Wife was verbally
and emotionally abusive toward Husband and humiliated
him and his family. Wife's behavior has caused
Husband great stress and serious depression.
Currently, Husband continues in therapy and takes
anti-depressants,
Beginning October 1999, Wife began requesting
Husband to leave because she wanted a divorce.
BY
January 2000, the parties decided to separate.
Wife
remained in the marital residence with the parties'
one minor child, Richard (date of birth February 11,
1985) .
The parties' other child, Rachel (date of birth
January 18, 1981) began classes at Millersville
University prior to the date of separation. After her
first semester, she was placed on academic probation.
She has never improved her grades and was asked to
leave by the University last year. Wife has
repeatedly told Husband that Rachel should not be
provided any_funds for school because of her poor
performance. Notably, while in school and after her
first semester, Rachel used school loans to pay for
tuition and expenses.
Currently, Rachel is working
full-time and provides her own medical insurance and
5
MEYERS, DESFOR, SALlZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
. (717) 236.9428 .. FAX (717) 236-2817
other benefits. While Rachel was in school, Husband
paid for her medical insurance and was recently
informed by Wife that he no longer needed to do so
because Rachel had her own through her employment.
Wife and Richard do not have a good relationship.
While Richard continues to live with Wife, there is
tension and frequent arguments. One argument
culminated in Wife telling Richard that he no longer
had a mother and that she was calling the police to
have him removed from the home.
Richard has
repeatedly requested to live with Husband and it is
anticipated that the transition will take place in the
near future. Thus, Husband will be the primary
caregiver to the parties' only minor child.
6
MEYERS, DESFOR. SALTZGIVER & BOYLE
410 NORTH seCOND STREET . P.O. BOX 1062 . HARRrSBURG, PA 17108
. (717} 236.9428 . FAX (717) 236-2817
..
Date:
For these reasons and many others, Husband
believe~that he should be awarded 60% of the net
marital assets and Wife should be awarded 40% of the
net marital assets. Alimony and counsel fees should
be denied.
Respectfully submitted,
therine A: Boyle, squ
MEYERS, DESFOR, SALTZGIVI
& BOYLE
Attorney I.D. #76328
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for Plaintiff
(f;)Q.-8!O\
I U I
7
M~YERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBUftG. PA 17108
(717) Z36-9426 . FAX (717) 236-2817
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. OO-l7l0
KATHLEEN B. POPHAM,
Defe~ndant ,
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on this ~8~day
of
~~
200l, a copy of the attached Pre-Trial Statement Pursuant to Pa.
R.C.P. 1920.33 was mailed, postage pre-paid to:
Kathleen B. Popham
c/o SamuelL. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA l7043
~Cz,
Catherine A. Boyle
Attorn€y I.D. #76328
Attorney for Plaintiff
MEYERS, DESFOR, SAlTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
. (717) 2:36-9426 .. FAX (717) 236-2817
"
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In the Court of Common Pleas of
CUMBERLAND
County, Pennsylvania
oo'm..."'IIC RELATIO:"iS SECTIO;\'
P.O. BOX 320. CARLISLE, PA, 17013
Phone: (717) 240,6225
MARCH 22, 2000
Plaintiff Name: KA.THLEEN B. POPHAM
Defendant Name: JOHN D. POPHAM
Docket Number: 00226 S 2000
PACSES Case Number: 213H2110 / 29,501
Other State ID Number:
Fax: (717) 240-6248
Plca.<;e note: All correspondence mwt include the PACSES Ca5C Number.
Income and Expense Statement
THIS FORM MUST BE FILLED OUT
(If you are self-employr.:d or if you are salari<:d by a business of which you are Qwner in whole or part. you must
also fill out the: Supple:memal Income Statement which appears on page two of this income and expense.
statement. )
INCOME STATEMENT OF ~ 1r-If'J .1'\. R..,PHAM
Section I: Income and Insurance
INCOME:
Empl.lyer :I_~C'j
Alecc., L::?G,"l F. <."-""p<;o,,, ~CgQY{(oAf'\
Type of Work (..r.~orrrj:::.(e. "PKl:>(~f?A>\'iMCR.
Payroll No. 7t40~'t Gross Pay per Pay Period $ ~~(oC>~ _~~ Par Period (wk}-Y., bi-wkly., etc.)
Itemized Payroll Deductions:
hi-u....>\::.llt-
Fedend Withhold~ S7')z.'-r Social Security $ '"lr..'I'1 Local Wage Tax S 2,.<",<
Slate Income Tax S r d-I.f^' Retirement $ Savin~s Bqnds $
Credit Union S Life Insurance S Health Insurance S S'7.S"b
Other Deductions (specify) rr-.<..p ~II-' $ 1<.11.1-., S S-.O~
.-",,-0 I "AN S 71'1.01\ , S
Net Pay per Pay Period $ \ ... t.\ cc.t .. <0.,
OTHER (Fill in Appropriate Column) , ,
INCOi'IE WEEK MONTH YEAR PRO?ERT"f
Interest S S OWNED DESC
S
Dividends '(o~'l:.
Pension Checking Accounts
Annuity Savings Accounts
Sodal Securitv CkecJ:
Rents Credit. Union
Royalties Stocks/Bonds
Expense Account Real Estale
Gifts
Unemployment Other C.-ed;~
Workmen's
Compensation
Other TO
Other
TOTAL $ S S
TOTAL INCOME * H =Hu
$
EXHIBIT .
Service Type M I B
. .'
I Ownership *
RIPTION
VALUE
H W J
~~L.
'c",~'1,
I
\~ -~":G1t. (0'"
j
U......f~rV
5:5'
/
TAL $ --Gl{.s
sband; W=Wi[e; J=Joinr
Form IN,008
VVorkerID 21203
Income aud Expense Statement
Section III: Expenses
PACSES Case Number 213102110
Inslructiom;: Only show ex.traordinary expenses in thi!> section unless you fUled out Section II on page two. The categories
in BOLl) FONT are especially important for calculating child support. If you are requesting Spousal Support! APL or if
you ass~r( your case cannot he determined according to the guideline grids or formula. chis section must be fully completed.
(Fill in Appropriate Column)
EXPENSES
WEEK MONTH YEAR
Home
Mongage/Rcnl S S 6:"5"'- s
Mainlemmce
Utilitie.!;
Electric: S S -<::0 s
Gas -C:O
Oil
T elephnne 10
Water
Sewer
Emnlovmem
Public Transpon. S S S
Lunch 70
Taxes
Real estate $ S S
Personal Propeny --- -~
Insurance
Homeowner's. $ S S
Automobile . (. q VI
Life
Accident
Health \O~
Orner
Automobile
Payments. S S 41':5:- s
Fuel -- "2.S
Repairs , f"c
-
Medical
Doctor S S S
Dentist
Orthodomis[
Hospital
Medicine
Special needs
(glas~~~rac~;_l
ortho 'c devic
$
~~
EXPENSES (Fill in Appropriate Column)
(continued) WEEK MONTH YEAR
Education
Private School S $ S
Parochial School
Coliegr: So
Religious
Personal
Clothing S s ioe s
Food 201:>
~~~~r/ Ze.
- dre~~"r
Credit Payments
Credit Ca.rd ,
Charge
Memberships d'l-.o
Loans
Credit Union $ S S
r-~o "^I~ <-i'2,l'..I(..
--,-;; ",J
Miscellaneous
Household Help $ S $
Child care
~~erS/bOOks 30
'~"'azines
Entertainment 120
Pay TV
Vacation
Gifts
Legal fees
Charnable
;:':::'~"jbutio"'''
--r.~:::~biId
~~DY
en<<
Other
$ $ $
. MONTH YEAR
$'" 3l'> . <.. s U '1 q
I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false
statements herein are subject to the criminal penalties of 18 Pa. C.S. ~ 4904. relating to unsworn falsification to authorities.
~IZ\l2(bD ~.~~
Page -.;:l Form IN,008
Service Type M Worker CD 21203
---.-...----.-.-..-. ..-.....- ...
Income and Expense Statement
PACSES Case Number 2~3~02:UO
Co\'cra~e *
INSURANCE
COMI'ANY
POLICY #
H W C
Hosnil.:ll
Blue Cmss
Other
Medical
Blue Shield
Other
Health! Accident
HEAL'Tf1 jl.t>tcRiC/t.
\oo"Z~oool
./ /
/
Disability Income
.
1:. I?, f'I.- DtI0T'AL?WS
I ~ "\.. VISlou 7LA.~\
I 2::; 0 ~.1,
<f1<{, u.(,,ti' 4
./
.I
./ J
././
Dental
Other
* H=Husband: W=Wife; C=Child
Section II: Supplemental Income Statement
a. This form is (0 be tilled out by a person
o (1) who operates a business or practices a profession. or
o (2) who is a meinoer of a pannership or join! venlUre. or
o (3) who is a shareholder In -a-it(j-jS-salaried by a closed corporation or similar entity_
b. Attach IO this statement a Ct)py of lh-;;iollowing documents relating to the partnership, joint venrure. business. profession. -
corporation or similar entity:
(1) the most recent Federal Income Tax Return. and
(2) the most recenE Protit and Loss Statement
c. Name of business:
Address and tetephone number:
d. Nature of business (cbeck riDef
o (1) P31t1nership
o (2) joint venture
o (3) profession
D (4) closed corporation
o (5) other
e. Name ()f account.:nE. controller or other rerst'}n in CU.1rge of financial records:
f. Annual income from business:
(1) How often is income received"!
(2) Gross income per pay.period:
(3) Net income per pay period:
(4) Specified deductions. if any:
Page2of3
Form IN-OOB
Worker ID 11203
Service Type M
HAMILTON & MUSSER, PC, CPA's
101 OLD SCHOOLHOUSE LANE
MECHANICSBURG, PA 17055
717-697-3888
Filing Instructions
Form 1040 and Form 1040-V
U.S. Individual Income Tax Return and Payment Voucher
Taxable Year Ended December 31,1999
Name: KATHLEEN B & JOHN D POPHAM
Date Due: April 17, 2000
Remittance: A check in the amount of$289 should be made payable
to the United States Treasury and included with the voucher.
Write "S.S.N. 172-50-0420, 1999 Form 1040" and
your daytime phone number on the check.
Mail To: Internal Revenue Service
P.O. Box 8530
Philadelphia, PA 19162-8530
Signature: You should sign and date the return on Page 2.
Other: Initial and date the copy, and retain it for your records.
Do not attach your payment or Form 1040- V to your return
or to each other. Instead, put them loose in the envelope.
EXHIBIT
c
I
"
1040 f ..,' '" ' 11998 &1~991
Form Two Year Comparison.Report
,> ~~ -~, ..~. . ,
,me " , , - .1 Taxpayer Identification Number
- __L
KATHLEEN B & JOHN D POPHAM 172-50-0420
, 1998 1999 Differences
1. Salaries and wages 1. 107.952 i08 478 526
... .........,.........................
2. tnterest income 2- 249 148 -101
...-..........................,..........
3. Dividend income 3. 1.8 1.2 -6
........................L...............
4. Taxable state/local refunds 4. 1.1. -1.1.
...............................
5- Alimony received 5.
...-....................................
6. Business incomefloss G.
....................................
7. Capital gainfloss 7.
,-,- ........................,..........
8. Other gainsffosses,............,......................... 8.
9, Taxable IRA distributions - 9.
...................,.............
I 10. Taxable pensions 10.
.......................................
11. Rent and royalty income including farm rental. . . . . . . . . . . . . . . 11.
12, PartnershiplS corp income 12.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13. Estate or trust Income 13.
......................................
14. Farm incomelloss 14.
.......................................
15. Unemployment compensation 15.
.............................
16. Taxabfe social security 1G.
...................................
17. Other income 17. 500 500
.....................................,..... 1.QQ
18. Total Income 18. 1.08 230 1.38 908
, 19. IRA deductions .. 19.
i ..........................................
20. Moving expenses........................................ 20.
I 21. SE tax adjustment 21.
.......................................
22. SE health insurance 22.
.....................................
23. l<eoghlSEP/SIMPLE deduction 23.
0 .-...........................
24. Forfeited interest 24.
, ....................-...................
I 25, Alimony paid . ..... ... '" ... ..... ..... ... ..... ...... ..... 25.
26. Other adjustments 26.
AdJusted orossln~~~~" .............. .......... ...... i08
; 27. 27. 230 1.09 1.38 908
) 28. Medical ','"".."'...'",,,...,....,..'..' ,'.','.', .';:~ 28.
I 29. Taxes 29. 6 221. 7 11.9 898
I ...................................,..............
3D. Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30. 5.028 3 466 -1 562
I 31. Contributions 31. 645 1 074 429
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
: 32. Casualty losses 32.
.........................................
33. Miscellaneous expenses . 33.
.................................
34. Allowable itemized deductions 34. 11. 894 1.1. 659 -235
..........................
, 35. Standard deduction 35.
..... .................................
, 36. Exemptions.. ..... ......... .......... ..... 36. 10 800 11 000 200
..............
, 37. Taxable income 37. 85 536 86 479 943
.....
38, Tax on taxable income - ,~ - 38. 1.8 442 18 617 1.75
..................,. ...............
39. Child care credit 39.
.................................,.......
r 40. General business credit 40.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 41. Other credits 41. 400 500 100
...........................,................
< 42. Total credits ---, 42. 400 sod 1.00
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43. Net tax liability 43, 18 042 1.8 1.1.7 75
.........................................
c 44. Self-employment taxes 44.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0 45. Alternative minimum tax 45.
..................................
m 46. Other taxes 46.
.............................................
P 47. Tota'tax 47. 18 042 i8 1.1.7 75
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . .
u 48. Income tax withheld 48. 1.7 807 1.7 828 21
.....................................
I 49. Estimated tax payments 49.
..................................
a 50 Other payments 50.
......................................... 801
t 51. Total payments 51. 1.7 17 828 21
........................................ 23'S
I 52, Tax due/refund 52. 289 54
.........................................
0 53. Penalties and interest 53,
.................................... 23<;
n 54. Net tax due/refund............................:......... 54. 289 54
55. Tax Bracket 55. 28~ 28~ . ...,.~~..:~;;~.,::!t!~('t~~'J:~~if~~
............................................ :ng 21"
56. Total Tax as % of TaxabJe Income ................:. ~-.-:.-.-- 5G. .' "-~',
0""
1040
abel
~ee
Istructions
n page 18.)
'5e the IRS
Ibel.
)therwise.
lease print
rtype.
'residential
[lectlon Campaign
See a e 18.
1
'i1ing Status 2
3
;heck only
Jne box.
:xemptions
f more than six
fependents.
lee page 19.
L
A
B
E
L
'Oepartment of the Treasury- lntemal Revenue Service
U.S. Individual Income Tax Return
Forthe ear Jan. 1-Dec. 31. 1999, ~~~ther~ -e~r-be' innki-
Your first nama and Initial last name
99 rRSUseOn -Donotwriteorsta fefnthis aCe.
. 1999. endin OMS No. 1545-0074
Your social security number
172-50-0420
1999
KATHLEEN B
POPHAM
If a joint return, spouse's first name and Initial
l.astname
Spouso's social security number
474-72-6694
A. IMPORTANTI.
JOHN D
POPHAM
H
E
R
E
Home address (number and street). If you have a P.O. box, see page 18.
1922 KENT DRIVE
City, town or post office. state. and ZIP code. If you have a-fcireign-ad"dre-ss, see- page 18.
CAMP HIL PA 1701 -5930
~ ~:::~t~;~~~;::so~u~: ~:s:?~~~t$'i i~.'~ t~ihi;fu~d?."""".'."".'.'..""'.'
Single
Married filing joint return (even if only one had income)
Married filing separate return. Enter spouse's social security no, above
and full name here....
Head of household (with qualifvlM person).-(See page 18.} If the qualifying person is a child
but not your dependent. enter !his Child's name here. ..
Quali in widower with de endent child ear spouse died.... 19 See a e 18.
If your parent (or someone else) can daim you as a dependent on his or her tax
return, do notcheckbox6a ... ..,_..... ...... .............
No. of boxes
checked on
6_ and 6b ---2.
No. of your
children on 6c
4) Ck. if who:
qual. child . lived wIth
forchild you _2
tax credit
see .19). dJd not lIve
with you due
to dIvorce or
separation
(soo pg.19) _
Dependents on
6c not en-
tered above
Apt no.
Yes
You must enter
our SSN s above.
No Note. Checking
"Yes" will not
X change your tax or
X reduce our refund.
4
5
6a
b
Souse
Dependents:
(2) Oependenfs
social security number
(3) Dependent's
relationship to
c
1 Firstname
last name
u
RACHEL
RICHARD
POPHAM
POPHAM
1 4- 0-5154
1 4-70-5045
DAUGHTER
SON
Add numb~~
d Total number of exemotions Claimed. . ~ntered on 4
'... ....... ..... .... ..... ,...
7 Wages. salaries, tips. ete. Attach Form{s) W.2 7 108.478
Income . . . '-~' . >. . .' . .. . . . . .. . . .. . . . . . . . . . . . . . . .................
Sa Taxable interest Attach Schedule B if required....... n_........... r.... i...................... Sa 148
Mt. Copy B of b Tax-exempt interest DO NOT include on line 8a ......,.......... 8b ~~
your Forms W-2
,and W-2G here. 9 Ordinary dividends. Attach Schedule B if required .....................,..... ._....... _>... '_'_'_'._ 9 12
"'-Iso attach 10 T axabJe refunds, credits, or offsets of state and local income taxes (see page 21) . . . . . . . _ . . . . _ . . . . . > 10
Form(s) 1099-R
If tax was 11 Alimony received 11
withheld. .......-..,.........................,..-..........,........-..-...,......-..-....
If you did not 12 Business income or (ross). Attach Schedule CorC~EZ .................... P.................-O 12
get a W~2, 13 Capital gain or (loss). Attach Schedule 0 if required. If not required, check here.... 13
see page 20. 14 Other gains or (losses). Attach Form 4797 14
15_ TotallRAdislributions 115a j................ lb. .T~~~j,i~.~~;~~t.i;~~ ~.;~~ 2'2) 15b
16a Total pensions and ann~iti~~ . . 16a I _ __' _ - - _ b Taxable amo~~~ (see page 22) 16b
17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Scheduie E:. , 17
..... .....-.
Enclose, but do IS Farm income or (loss). Attach Schedule F .. '". p........................................ ....... 18
not staple, any 19 Unemployment compensation ... _.................................... _............... _....... 19
payment. Also. 20a Social security benefits....... 120a 1 ___ __ _. _ I b Taxable amount (see page 24) 20b
please use
Form 1040.V. 21 Other income. List type & amt. (see page 24) PRIZE -- 21 500
Add the amounts in the far rinht column for Iin~~'7 th~~~h'21" Thi~ i~ .\I'~~; t~t~1 i~~~~~"'..." .'.,
22 ~ 22 109 138
23 IRA deduction (see page 26) ..,...................--...... ..... 23 ...-,"'i
Adjusted 24 Student loan interest deduction (see page 26) 24 :
.-............. .p" }:~
Gross 25 Medical savings account deduction. Attach Form 8853 . . . . . 25
........ .,
Income 26 Moving expenses. Attach Form 3903 26
......,..................... .c'
27 One-half of self-employment tax. Attach Schedule SE 27
............. :.
2S Self-employed health insurance deduction (see page 28) .......... 28
29 Keogh and self-emproyed SEP and SeMPLE prans 29
................
30 Penalty on early withdrawal of savings .....,..................... 30
31a Alimony paid b Recipient's SSN" 31_ "':""
32 Add lines 23 through 31a .,.......~.......,.................................. ~.............. .'. 32
33 Subtract line 32 from line 22. This is your' adlusted D.r~ss income - - - - ... 33 109.138
For Disclosure, Privacy Act, and Papenvork Reduction -Act Notice, see page 54.
0.4.<
Fenn 1040 (1999)
."04011999' KATHLEEN B & JOHN D POPHAM 172-50-0420
34 Amoun\fTom\ine'33(adlustedgrosslncome)...... ,...~. .." .... .... _.. ,_. ", '" ..,.. _. ....... 34 J_09
35a Check if: 0 You were 65 or older, 0 Blind; 0 Spouse was 65 or older, 0 Bhnd L .
Add the number of boxes checked above and enter the total here . . . . . . . . . . . . . . . . . . .. ... 3~a. . ~;\.
b If yo,u are married filing separately and your spouse itemizes deductions or _ ::..~.:
you were a dual-status aHen. see page 30 and check here.......................... ... 35b 0 ,.',
36 Enter your itemized deductIons from Schedule A. line 28. OR standard deduction ~r-:
- shown On the left. But see page 30 to find your standard deduction if you checked any
box on line 35a or35b or if someone can cfaim you as a dependent ........._..... _...............
Subtract fine 36 from line 34 .............."......'............ _... '.. _.......,..... ,.........
Jf line 34 is $94,975 or less, multiply $2,750 by the total number Of exemptions claimed on
line 6d. If ljne 34 is over $94.975. see the worksheet on page 31 for the amount to enter. . . . . . . . . . . . ,
Taxable income. Subtract line 38 from line 3?lfline 38 is more than line3?, enter...(l-
~.xOeeF~:e4~i~ Check.if.anY~.isIro~....~.. .~. F.O~(S).8814........ :::::: .::.::::::::.. ~
Credit for child & dependent care expenses. Attach Form 2441 41 f.;tJ;
Credit for the elderly or the disabled. Attach Schedule R _'. _ . . , _ . . . 42 . ~~;
Child tax credil(seepage 33)..................... .............. 43 500 "'.
Education credits. Attach Form 8863 ... ,........................ 44 " ,
Adoption credit. Attach Form 8839........:...................... 45 i
Foreigntaxcredit.AttachForm1116ifrequired...... .>........0. 46 ~
Other. Check if from . a' 8 Form 3800 b 0 Form 8396 I~ .,~
C 0 Form 8801 d_ Form (specify) '"47 ~
48 Add lines 41 through 47. These are your total credits.. ,..................'.... .~...........".. 48
49 Subtract line 48 from line 40. If line 48 is more than line 40, enter -o~ ~ 49
50 Seif~mpioymenttaX:Attach ScheduleoSE............ _.. .'...,...,.......:....., ,'..,....... o. _..: 50
51 Alternative minimum tax. Attach Fonn6251 ......... _....... ,....,.... ...,....... _..,...,..,.., 51
52 Sodaf security-and Medicare taxon tip income not reported ro employer. Attach Fonn 41'37 _,.... y... 52
53 Tax on IRk:;, other retirement pl~ns, and MSAs. Attach Fonn 5329 if required, . . . . , ~. . . . . . .' . _ . . . . , 53
54 Advanceeamed income credit payments from Form(s}W-2 ...,....,.,............ y.............. 54
55 Hou~ehofd employment taxes. Attach Schedule H.. ,.. ,.. y..._....,. ,.......,............,..,... 55
56 Add lines 49 - 55. This is your total tax . . . . . . ~ 56
57 F~derai ineome"tax withheld from Forms' W'--'2 and 1099 . . . . . . . . . . . . 51 17 82 8 .~,. ...'.,.
58 1999 estimated tax payments & amount applied from 1998 return 58 ~
593 Earned Income credit. Attach Sch. EIC if you have a qualifying child ~!:t~ '~$
.1 I ~4t!. ,,,,,.
b Nontaxable earned income: amount ~ . i~' :.:;1?-i
&type" .................................................... 59a ':\.,;
Additional child tax credit Attach Form 8812................. _.... 60 ,:;~~
Amount paid with request for exl to file (see pg, 48) .. .. . . _ . . . . . . . . 61 - .
Excess social security and RRTA tax withheld (see page 48) 62 :-fJi.'.
Otl1erpayments. Cfleckiffro'm a 0 FonnZ4S9 b 0 F~~'~~~6 63 ,~.
Add lines 57. 58. 59a. & GO - 63. These are your total Davments .... . : . .. 64
Jf ljne 64 is more than line 56, subtract line 56 from line 64. This is the amount you OVERPAID. . . . . . . 65
Amount of line 65 you want REFUNDED TO yOU,......,.........,........,................ ... 663
Routing number I . . . I .. c Type: 0 Checking 0 Savings
Account number _ " I
Amount of line 65 vou want-APPLIED TO YOUR 2000-eST.TAX-- ~ I 611
,. . '.. I' .
If line 56 is more than line 64,"subtract fine 64 from line 56. This is the AMOUNT YOU OWE.
69 ~~~;::~St:::::a~~~:~:~neciu:~eo:9Ii~~ 6'~"':'::'::"::':':"" r'~~'f."""""""'"
Tax and
Credits
Standard L
Deduction
for Most
People
Single:
$4.300
Head of
household:
$6.350
M~rried filing
jointly or
Qualifying
widow{er}:
$7,200
Married
filing
separately.
$3.600
Other
Taxes
Payments
Refund
Have it
directly'
deposIted!
See page 48
and fill in 6Bb,
5Sc, and S6d.
A.mount
You Owe
60
61
62
63
64
65
66a
.. b
.. d
B7
68
Paoe 2
138
.:..:..~,
36 11 659
37 97 479
fttt
38 11 000
39 86 479
40 18 617
37
38
39
40
41
42
43
44
45
46
47
..I'c~
I>:.
18
500
117
18 117
17 828
289
Sign
Here
-- - Under penalties of perjury, I declare that f have exammed thiS return and accompanYing schedules and statements, and to the best of my knowledge and
belief, they are true, correct. and complete. Declaration of pre parer (other than taxpayer) is based on all information of which preparer has any knowledge.
Da -me tele hone number 0 tional
Joint return? Your signature
See page 18. ....
Keep a copy ,. S
For your
records.
p
Date
Your occupation
TECHNICAL WRITER
Spouse's occupation
PROGRAMMER
refs
.
Date
Check if
self-em 10 ed
Paid si nature
Preparer.s Finn's name'(or yours
Use Only if self-employed} and
address
DAA
.
HAMILTON I< MUSSER PC.. CPA'S
101 OLD SCHOOLHOUSE LANE
MECHANICSBURG PA
EIN
ZIP code
Preparer's SSN Of PTiN
179-44- 79
23-2213999
17055
Fonn 1040 (1999)
~\-\'E.P\ll..li.S ~&.S .
arm 1040)
rg~~~~~~~:reeS~r;.,~ry 99
Schedule A-Itemized Deductions
(Schedule B 15 on ba~k)
"Attach to Form 1040. )losee Instructions for Schedules A and B
1999
Attachment 07
Your social security number
172-50-0420
~me(s) shown on Fonn 1040
KATHLEEN B & JOHN D POPHAM
ledical Caution: Do not indude expenses reimbursed or paid by others.
nd 1 Medical and dental expenses (see pageA-1).. ._..,....... .......
lental 2 Enter aml from Form 1040.10. 34 2
:xpenses 3 Multiply line 2 above by 7.5% (.07S) ..............,... ............
4 Subtract line 3 from fine 1. ff fine 3 1$ more than line 1. enter -O-
S State and local income taxes ........_...........,.,. _..........
6 Reale.ta,etaxes (see page A,2) . ....................... ........
7 PersonaJpropertyta>ces......... ........... ............. .......
6 Olherlaxes. List type and amount~ ............................
'axes You
'aid
5ee
age A,2.)
nterest
(ou Paid
See
.age A-3.)
~ote:
::lersonal
nterest is
lot
jeductible.
Gifts to
Charity
It you made a
gift and got a
benefit for it.
see page A-4.
Casualty and
Theft Losses 19
Job 20
Expenses
and Most
Other
Miscellaneous
Deductions 21
22
(See
page A-5 (or
expenses to
deduct here.)
23
24
25
26
Other 27
Miscellaneous
Deductions
Total
Itemized
Deductions
Add lines 20 through 22......, .... ....... . ...... ." ...., .....
En.er amI. from Form 1040. In. 34 24 109 13 8
Multiply line 24 above by 2% (.02) . . . . . . . , . . . . . . . . . . . . , . . . . . . . . . .
Subtract line 25 from line 23. If line 25 is more than line 23, enter -0- ..
Other- from list an pag'e-A-S. List type and amount"" .. _,........ _...........
.........-.............................-...............-......
9 Add lines 5 throu h 8
10 Home mortgage interest & poInts reported to you on Form 1098
11 Home mortgage interest not reported to you on Form 109a. If paid
to the person from whom you bought the home. see page A-3 and show that
person's name, Identifying no., andaddress~ ......._.................
12 Points not reported to you on Form 1098. See page A-3
for special rules .... ..... ... ... ......,.......... ... ...... ... ..'
13 Investment interesl Attach Form 4952 if required. (See
pageA-3.) ....................................................
14 Add lines 10 throu h 13 .
15 Gifts by cash or check. If you made any gift of $250 or
more. see page A-4 ............ ...............................
1 G Other than by cash or check. If any gift of $250 or more.
see page A4. You MUST attach Form 8283 if over $500. . . . _ . _ . . . .
17 Canyoverfrom prior year ._.......,......................... _'.'
18 Add lines 15 throu h 17
Casual or theft loss es . Attach Form 4684. See a e A-5.
Unreimbursed employee exp~ses- job- travel. union
dues, job education, etc. You MUST attach Form 2106
or 2106-EZ if required. (See pageA-5.))l. ...........,............
Tax preparation fees......,.... _........................... ....
Other expenses~ investment, safe deposit box. etc. list
type and amount~ .......,............................ _.......
12
13
^ ,.
15 1
~
16
17
.:'}->,':I...'
-~
':~':'~:-:'
5
6
7
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i
OMS No. 1545..0074
1
3
4
o
4 470
1 839
810
I
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8
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20
21
22
23
25
2
28 Is Form 1040, line 34, over $126,60d (over -$63.300 if married filing separately)? -
Da No. Your deduction is not limited. Add the amounts in the far right column
for Jines 4 through 27. Also. enter this amount on Form 1040, line 36.
o Yes. Your deduction may be limited. See page A-6 for the amount to enter.
For Paperwork Reduction Act Notfce. see Form 1040 instructions.
DM
}..
Schedule A (Form 1041111999
Fonn 1040
Child Tax Credit Worksheets
..1999
me
KATHLEEN B &, JOHN D POPHAM
Child Tax Credit Worksheet - Form 1040, line 43 or 1040A,~'i:.irie 28
Taxpayer Identification Number
1.72-50-0420
I. Number of qualifying children: L x $500. Enter the result........,.......................................
L Enter the amount from Form 1040, line 34 or Form 1040A.line 19. ................................................,..
3. Enter the total of any exclusion of income from Puerto Rico. and amounts from Form 2555, lines 43 and 48. ..............
4. Add lines 2 and 3. ............................... -....."......................... -....................... -.....
5. Enter: $110.000 if married filing jointly; $75.000 if single, head of household, or qualifying widow(er);
$55,000 if married filing separately.............,...... .,.........' ... ...., _.. ....' ._..... .._.........,.... .._."
6. Is the amount on line 4 more than the amount on line 5?
&t No. Leave line 6 blank. Enter -0- on fine 7.
o Yes. Subtract line 5 from line 4. If the result is not a multiple of $1.000. }...,
Increase it to the next multiple of $1,000.
7. Multipiythe amount on lineG by 5% (.05). Enter the result........................................................, 7.
8. Subtract Jine 7 from line 1. If zero or less. stop here; you cannot take this credit........,.............................. 8.
9. Enter the amount from Form 1040, line 40 or 1040A. fine 25. .............. .......................................... 9.
10. Add the amounts from Form 1040 lines 41, 42 and 44 or Fonn 1040A lines 26, 27 and 29. Enter the total. . . . . . . . . . . . . . . .. 10.
11. Is the amount on lIne 1 of this worksheet $1,500 or moreAHO are you claiming any of the following credits?
. Adoptio~ credit, Farm 8839 . Mortgage interest credit, Fonn 8396 . District of Columbia credit, Form 8859
[XJ No. Enter the amount from line 10.
OYe$". Enter the amount from Child Tax Credit - Line 11 Work:sheet below. } . . .. 11.
12. Subtract line 11 from line 9..,..... ...............................,................,.............................. 12.
13. Child tax credit. Enter the smaller of line 8 or line 12 here and on Fonn 1040, line 43 or 1040A,line 28 13.
o
500
1.8.61.7
1.8.61.7
500
Chiid Tm< CredW~l.jne 11 Worksheef
Use this worksheet only if you checked "Yes" on line 11 of the Child Tax Credit Worksheet above.
1. Enter the amount from line 8 of the Child Tax Credit Worksheet above. . ..,.' ...... ,'. ... ......... .......... ... ... .... 1.
2. Enter th_e total social security and Medicare taxes withheld from your pay (and your spouse's if tiling a joint ............... 2.
retum). These taxes should be shown in boxes 4 and 6 of your Form(s) W-2. {fyou worked for a rauroad. see below.
3. Enter the total of the amounts from Form 1040, line 27 and line 52, plus any uncollected social security
and Medicare or RRTA taxes shown in box 13 o(your Formes) W-2 with codes A, B. M and N. ............,..........
4, Add lines 2 and 3 . .. .. . . . .. . ~ . ~ . .. ~ . . . . . . . . . . . . . .. . . . .. . .. .. .. ~ . .. .. . .. . .... .. . ~ .... ~ .. . .. ... .. . .. .. . ~.. ..
5. Add the amounts from Form 1040, lines S9a and 62 or Form 1040A, line 37a and excess social security tax included
on line 39. Enter the total
6. Is the amoun~ IOn line 4 more than the amount on line 57
8 No. Go back to the Child Tax Credit Worksheet above and enter the amount from line 10 on line 11.
Yes. Subtract line 5 from line 4. Enter the result.
7. Is the amount on line 6 of this worksheet more than the amount on line 1?
8 -No. Subtract line 6 from line 1. Enter the result.
Yes. Enter ~O-.
Next, complete Forms 8839, 8396 and/or 8859 where applicable. Use the amount from line 7 above in place of
the amount from Form 1040. line 43 or 1040A. line 28. Then, go to line 8 below.
8. Enter the total of the amounts from Form 8839. line 15; Form 8396, line 11; and Form 8859, line 11. . , . . . . . . . . .
9. Enter the amount from line 10 of the Child Tax Credit Worksheet above. ....,...,............, _...... _.,..... _....
10. Add lines 8 and 9. Enter this amount on line 11 of the Child Tax Credit Worksheet above.
}.. 6.
}.. 7.
Railroad employees. Include in the total on line 2 above any of the faUowing taxes.
. Tier 1 tax withheld from your pay. This tax should be shown in box 14 of your form(s) W~2 and identified as "Tier 1 lax".
. If you were an employee representative, 50% of the total Tier 1 tax and Tier 1 Medicare tax you paid for 1999.
3.
4.
5.
8.
9.
10.
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1040 Department of the Trea$ury~lntemal Revenuo Service 19981 ,..,
vrm . U.S. Individual Income Tax Return lRS Use Onlv~Do not write or staaltJ in this- Spaa!t.
For the vear Jan. 1.Dec. 31. 19913, or oth~ tax '\Iear beoinnino . . 199B. endin" . I OMS No, 1545-0074
.1.
Label L Your first name and initial , last nama Your social security numbor
(See A KATHLEEN B POPHAM 172-50-0420
instructions B -- Spouse's social security numbof
on page 18.) E 1~6~;:;tu~ spouse's first name ani in~~ P HAM Last name
L 474-72-6694
Use tho IRS Home address (number and $treet). If you have a P.O. box. see page 18. I Apt no. .. IMPORtANTl ..
labet. H
Otherwise, E 1922 KENT DRIVE You must enter
please print R City. town or post office, state, and liP code. If you have a foreign addre!;s. sea page 18. your SSNls) above.
or type. E CAMP HILL PA 17011-5930 Vo. No Noto: Checking
s" ill
Presidential
Election Campaign
See ae18.
1
Filing Status 2
3
:heck only 4
Jne box.
5
6a
Exemptions
b
c
f more than six
lependents.
iee page 19.
.... Do you want $3 to go to thIS fund? .......... .... ............ ..... .n......... ............
,.. If a oint retum. does ours ousewantS3to otothisfund? . ...... ............ .....
Single
X Married filing joint return (even if only one had income)
Married filing separate return. Enter spo.use's social security no. above
and full name here....
Head of household (with qualifying person). (See page is.} If the qualifying person is a child
but not your dependent. enter this chlld's name here. ...
Quali in widower with de endent child ear souse died" 19 . See a e 18.
Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax
return, do not check box 63 . ....... ... .... ... ._. .... .. . . " . _.......... .. .. ........... . .... .
Souse............. ..... ......... ..... ........... ..._.......... .......... .__............ .._.....
Dependents: (3) Dependent'S
(2) Dependent's
relationship to
"'Ve w not
change your tax or
reduce our refund.
x
X
1 First name
RACHEL
RICHARD
;ocial Sl!fCUrity number
} No. of boxes
checked on
6. and Gb 2
No. of your -
children on 6c
4)Check if who:
qual. q,ild -lived with 2
~~r~~ you _
see . 19~did not live
with you due
to diVorce or
separation
(see page 19)
Dependents
on 6c not
entered
above
Last name
POPHAM
POPHAM
ou
174-70-5154
174-70-50.45
DAUGHTER
SON
X
b
Add num ersn
d Total number of exemtltions claimed......,............... _...................... ~..,_......~.,.....:......... .... entered on 4
7 Wages, salaries, tips, etc.AUachFonn(s)W~2 ...... .... ....... ._. ._...................... .._. .._...._... 7 107 952
ncome 8a Taxable interest. Attach Schedule B if required .,........ ........... .j..... j..... ............ ..... ", . 6a 249
.ttach b Tax..exempt interest. 00 NOT include on line 8a . . . , . . . , . . . . ... . . . . 8b
:opy B of your 9 Ordinal)'dividends. Attach Schedule B if required ....,.. .......... .............. ......,. ... ... ..'" 9 18
'ormsW-Z, 10 Taxable refunds, credits. or offsets of state and local income taxes (see page 21) . . .. " ............ . . 10 11
i-2G, and
099-R here. 11 Alimony received .. .......... ._.......,..... ...-..._._.,............. ....... ......... "~'.'_'_' ._........._... 11
12 Business income or (loss). Attach Schedule C or C-EZ . . . . . ...... . .. . 12
you did not . . . .. . .. ...... . . ~. . ., . . ... .c.. .
etaW-2, 13 Capital gain or (loss). Attach Schedule D . ....... ................ . . . . .. . ..... . . . . . . . . . .... ..~ ... . .-... 13
~e page 20. 14 Other gains or (losses). Attach Form 4797 ................,... .................................... . 14
15a Total IRA distributions. . ..... . ~ I b Taxable amount (see page 22) 15b
lGa Total pensions and annuities lGa b Taxable amount (see page 22) 1Gb
nclose. but do 17 Rental real estate, royalties, partnerships, S corporations. trusts. etc. Attach Schedule E ....~........ 17
Jt staple, any 18 F'arm income or (foss). Attach Schedule F ..... .............. ......... 18
3yment. Also, . . . . . . . . . . . . . . , . . . . . . . . . . . . . . .
ease use 19 Unemployment compensation.. '"....................... ...... ...................L................ 19
orm 1040-V. 20. Social security benefits . . , . . . . ~[ I b Taxable amount (see page 24) 20b
21 Other income. List type & amount-see pg. 24 .......................................,...... _........ 21
22 Add the amounts in the far rioht column for lines 7 throuoh 21. This is vour total income ......... ~ 22 108 230
23 IRA deduction (see page 25) ...... ............. ..' .... '~.'''''''''' 23
djusted 24 Student loan interest deduction (see page 27) ............. . . .. . . .. . 24
iross 25 Medical savings account deduction. Attach Fonn 8853 . . . . . . . . . . . . . . 25
Icome 26 Moving expenses. Attach Form 3903....... ... ......,...... ._...... 26
line 33 is under 27 One-half of self-employment tax. Attach Schedule SE . . . . . . . . . . . . . . 27
10.095 (under 2S Self-employed health insurance deduction (see page 28) ........... 28
10.030 if a child 29 Keogh and self-employed SEP and SIMPLE plans... . . . . . " . . . " .. . 29
j not live with 30 Penalty on early withdrawal of savings ....... .............. ......... 30
IU), see EIC 31a AJimony paid b Recipienfs SSN.... 31a
5tr, on page 30.
32 Add lines 23 through 31a ..... .......... >.'" EX.J:III~rr . . .. ........................ 32
33 Subtract line 32 from line 22. This is your .. ....,.. ............. ~ 33 108 230
)r Disclosure, Privacy Act. and Paperwork Reduction Act Nc r~>.>tr~>-.'- Form 1040 (1998)
'" ~ '~..'~.. ,,--- ':~' - --. .
>
d .. > ..., ..- .....-. n ~,.. ... .. ..,..,.... .> - ._~
'.- "," .,.....~....._...,-,._-'_... ." .... ,.~',.".---:",.,--..... - ,- -
",040(1998\ KATHLEEN B & JOHN D POPHAM 17 - - Pane 2
34 Amount from line 33 (adjusted gross IncorneO......... .............. ,_.... ...... ......,....... .... 34 108.230
Tax and :35a Check if: 0 You were 65 or older. Blind;. 0 SP9use was 65 or older. 0 Blind. L . .
Ctedits Add the number of boxes checked above and enter the total here . . . . . . _ . . . . . . . . . . . .. ~ 35a
b [fyou are married filing separately and your spouse itemizes deductions Ot
Standard you were a dual-status alien, see page 29 and check here . - . . . . . . . . ............... ... ~ 35b 0
Deduction 36 Enter the larger of your itemized deductions from Schedule A, line 28. OR standard
for Mest ,.... deduction shown on the left. But see page 30 to find your standard deduction if you 11 894
People checked any box on line 35a or 35b or if someone can claim you as a dependent. . . . . . . . . . . . . . . . . ... 36
37 Subtract line 36 from line 34 .............,.........................,......-...............-......... 37 96 336
Single: 38 If line 34 is $93,400 or less. multiply $2.700 by the lotal number of exemptions claimed on
~4,250
Head of line 6d. If line 34 is over $93,400. see the worksheet on page 30 for the amount to enter _ . . . . . . . . . . . . . 38 10 800
nOlJseho.!d: 39 Taxable income. Subt. line 38 from line 37. If In. 38 is more than In. 37. enter...o- .............,....... 39 85 536
~6.250 40 Tax. See page 30. Check if any tax from a 0 Form(s) 8814
Married filing b 0 F'onn4972........ ..... ..... ..~ .~. '_'_'_'--'--'~'_'--'-'O"_~"""""""'" ....... ,... _.. ._.... .... ~ 40 18 442
jointly or 41 Credit for child and dependent care expenses. Attach Fonn 2441 41
Qualifying
wldow(er): 42 Credit for the elderly or the disabled. Attach Schedule R . . . . . . . . . . . . 42
$7,100 43 Child taxcredil (see page 31) ..................................... 43 400
Married 44 Education credits. Attach Form 6663.............. ............ .... 44
filing 45 Adoption credit. Attach Form 6839 .....................,........... 4S
$eparately:
S3.5S0 46 Foreign tax credit. Attach Form 1116 if required > n... . n...... P' 46
47 Other. Check if from a 8 Fonn 3800 b 0 Fonn 8396
c 0 Fonn 8801 d Fonn (specify) 47
48 Add lines 41 through 47. These are your total credits ........,.........,...... ._............~ ........ 48 400
49 Subtraclline 48 from line 40. If line 48 is more than line 40, enter -0- . . . . . . _ _ . _ . . . . . ..... .."..-. ~ 49 18 042
50 Self-employment tax. Attach SChedule SE ... ...... h.. ............ ................... ....,..... ... 50
other 51 Alternative minimum tax. Attach Form 6251 ..........-.........................-.-.................... 51
Taxes 52 Sociaf security and Medicare tax on tip income not reported to empfoyer. Attach Form 4137 .......... 52
53 Tax on lRAs , other retirement plans. and MSAs. Attach Form 5329 if required.. . .. . . .... . .. . ..... .. . 53
54 Advance earned income credit payments from Form(s}W-2..... ...._.... ._....... ..... ... ............ 54
55 Household employment taxes. Attach Schedule H . . . . . . . . . . . . . . . . . . . . . .........n-._................. 55
56 Add lines 49 - 55. This is your total tax .... . _. . . . . .... .....................................-... ~ 56 18 042
57 Federal income tax withheJd from Forms W~2 and 1099 ............. 57 17 807
Payments 58 1998 estimated tax payments & amount applied from 1997 retum 58
59a Earned income crediL Attach Sch. EIC if you have a qualifying
Attach child b Nontaxable earned inc.: amt. IJlrl I
Forms W-2
and W-2G .&type~ ..... ..... ....,.....,.......................~............ 59a
on the front. 60 Additional child tax credit. Attach Form 8812 60
Also attach .......................
Form 1099-R 61 Amount paid with Form 4866 (request for extension) _......... .. .. .. 61
if tax was 62 Excess social security and RRT A tax withheld (see page 43) _ _ . . . . . . 62
withheld. 63 Other payments. Check if from a 0 Form2439 b 0 Form4135 63
64 Add lines 57. 5B. 593. &. 50 - 53. These are vour total oavments . ... ............._................ ~ 64 17 807
Refund 55 If line 64 is more than line 56, subtract line 56 from line 64. This is the amount you OVERPAID..... .. 65
Have it 66a Amount of line 65 you want REFUNOEDTO YOU .... ........__........ ........ '__~~.._...... ..... ~ 66a
directly ~ b Routing number I I ~ c Type: 0 Checking 0 Savings
deposited!
See page 44 ~ d
and fill in 66b. Account number I
SSe. and S6d. 67 Amount of line 65 you want APPUED TO YOUR 1999 EST. TAX .... 167 I
Amount 68 If line 56 is more than line 64, subtract line 64 from line 56. This is the AMOUNT YOU OWE.
You Owe For details on how to pay, see page 44 ..., .-.. ........ ... ......:..:::..i~~.T.'.......,........ ~ 58 235
69 Estimated tax oenaltv. Also include on line 68 . . . _ _ . .. ....
2 50 0420
Sign
Under penaltIes of pel'jUry. I declare tha11 have examIned 1hIS return and accompanYlrlg schedule::> and statements and 10 the best of rny knowledge and
belief. they are 1rue. correct. and complete. Declaration of preparer (other than taxpayer) is based on all informatiori of which preparer has any knowledge.
Here Davtime telenhone number fontional\ .
Joint return? Your signature Date Your occupation
See page 18. ~ TECHNICAL WRITER
Keep a copy Spouse's signa1ure. If 3 joint return. BOTH must sign_ Date Spouse's occupation
for your PROGRAMMER
records.
Preparer's ~ Date Check if n I Pre parer's social security no.
Paid s/onatore s.elf--emnlo"ed 179-44-9679
Preparer's Firm's name (or yours ~ HAMILTON & MUSSER PC CPA'S EIN 23-2213999
Use Only if self-employed) and 101 OLD SCHOOLHOUSE LANE ZIP code
address MECHANICSBURG PA 17055
DM
.;HEDULES A&B Schedule A~ltemized Deductions OMS No. 1545-0074
(faun '\'tloll,~) .., . J ....U
(Schedulo B is on .back)
~~;;,~r~~~~~:e s~;;:g~ry (99l ....Attach to Form 1040. lJIloseo Instructions for Schodu19s A and B 'Form 1040l. Attachment 07
Name(s) shown on Form 1040 I Your social security numbor
KATHLEEN B & JOHN D POPHAM 172-50-0420
Medical Caution: Do not include expenses reimbursed or paid by others.
and 1 Medical and dental expenses (see paje A-Y ....................... 1
Dental 2 Enter amount from Form 1040, line 34 2
Expenses 3 Multiply line 2 above by 7.5%(.075). ....... .......... ...... ....... 3
4 Subtract line 3 from line 1.lfline 3 is more than line 1. enter-D- ......... ........._... _,..., _. ....... 4 0
Taxes You 5 State and local income taxes ...................................... 5 4 362
Paid 6 Real estate taxes (see pageA-2) ...... ......... .......,.... .,...... 6 1.049
(See 7 Personal property taxes . '" ............ ... ............. ...... ..... 7 810
page A,2.) 8 Other taxes. List type and amount'" ..............................
. ....,u,.,~.. .............................................'...,...... 8
9 Add lines 5 throuah 8....... ......... .'. ....~....... ....,.., ,.-:'.... .;'... ..........................',. 9 6 221
Interest 10 Home mortgage interest & points reported to you on Form 1098 10 5 028
You Paid 11 Home mortgage interest not reported to you on Form 109B.lf !,aid to tho
(See person from whom you bought the home, see page A.-3 and show that
page A-3.) person's name, identifying no.. and address'"
...........................
.......,............-.........'......'...............................
..............,........................,............................
Note: ,..........-................................,....................... 11
Personal 12 Points not reported to you on Form 1098. See page A-3
interest is
not for special rules .... ..... ............\ ....._............... ........ 12
deductible. 13 Investment interest. Attach Fonn 4952 if required. (See
pageA-3.) ........ ........... .......:.. ........ ........... ....... 13
14 Add lines 10 throuoh 13...... ......... ...................... :...:............. ...C. ........c:...... 14 5 028
Gifts to 15 Gifts by cash or check. If you made any gift of $250 or
Charity more, see pageA-4... ... .......... .,...............__........... 15 615
If you made a 16 Other than ,by cash or check. If any gift of $250 or more,
gift and got a see page A-4. You MUST attach Fonn 8283 if over $500 ...... . .... 16 30
benefit for it. 17 Carryover from prior year .................... ...._,~................ 17
see page A-4. 18 Add lines 15 throuah 17 ....... 18 645
........................................ ..........................
Casualty and
Theft Losses 19 Casualtv or theft lossles\. Attach Fonn 4684. (See Daoe A-5.l .......... ............................. 19
Job 20 Unreimbursed employee expenses-job travel, union
Expenses dues, job education, etc. You MUST attach Form 2106
and Most or 2106-EZ if required. (See page A-5.)" .........................
Other .................................................................
Miscellaneous . ............. ......... ......,...-......... ......,......... ..... .... 20
Deductions 21 Tax preparation fees. .. ........... . .. . . .. . .............. . .... . . ... 21 130
22 Other expenses-investment, safe deposit box, etc. List
(See type and amount'" ....................... ........................
page A-6 for 22
expenses to .................."................................................
23 . . . 130
deduct here.) ::~rl~::u~~=:o~:: ~~~~"I;~~~"" r;~" i.... .-..... 'l'O's" 2'3'0 23
24
25 Multiply line 24 above by 2% (.02) ................................. 25 2 165
26 Subtract line 25 from line 23. If line 25 is more than line 23. enter-O- ............................. __. 26 0
Other 27 Other-from list on page A-6. Ust type and amount'" ...................,.......................... .
Miscellaneous
Deductions . ..........n.......................,.,........._.....,.......'...........................__...........
Z7
Total 28 Is Form 1040. line 34. over $124.500 (over $62.250 jf marrted fuing separately)?
Itemized NO. Your deduction is not limited. Add the amounts in the far right column }
Deductions for lines 4 through 27. Also, enter on Fonn 1040, line 36. the larger of ~ 28 11 894
......
this amount or your standard deduction.
YES. Your deduction may be limned. See P3Qe A-6 for the amount to enter.
For Paperwork Reduction Act Notice. see Fonn 1040 instructions.
Schadula A (F.orm 1040) 1998
OAA
.'- .,., . ..-~.. . .. --... ~.
. .~ ",:. '-'.,.,.-..ro-"
Form.
1040
Child Tax Credit Worksheets
1998
Name
KATHLEEN B & JOHN D POPHAM
Taxpayer Identification Number
172-50-0420
Child Tax Credit Worksheet - Form 1040. Line 43 or 1040A; Line 28
1. $400.00 X number of qualifying children L Multiply and enterresult.,. ................ .................. ......., 1.
2. ArSOU filing Form 2555 or 4563. or are you excluding income from Puerto Rico?
No. Enter the amQunt from Form 1040,/ine 34, or 1040A./ine 19. } .................... ~~""",,,""""" 2-
Yes. Enter your modifiod AGI
3. Enter: $110,000 if married ruing JOIntly; $75.000 if single. head of household. or qualifying widow(er);
$55.000 ifmamed ming separately..... ................. ............ ........... ............... .......................... 3.
4. Is line 2 above more than line 37
~ No. Skip lines 4 and 5. ente~-O- on line 6. and go to line 7. } ............. .._........ ............. ......,..... 4,
o Yes. Subtract line 3 from line 2
S. Divide line 4 by $1,000. If the result is not a whole number,- round it up to the next higher whole number........... . .' . . . . . 5.
6. Multiply $50 by the number on line 5........ ............................. .............. ............. .... ...... .......... 6.
7. Subtract I1ne 6 from line 1.lfzero or less. stop here;youeannottake this credit ..... ......, ... ..................., .... ,.. 1.
8. Enter the amount from Fonn 1040, line 40 or 1040A.line 25... .._..... ._,.........". ". ........... '.~""""""'''''''' 8.
9. Is line 1 above more than $6007
1KI No. Add the amounts from Fonn 1040, lines 41. 42, and 44 or 1040A, lines 26, 27. and 29. Enter the total. } .. 9.
o Yes. Enter the amount from Child Tax Credit Worksheet below
10. Subtract line 9 above fromJine 6. .... ...... .n.......~." ,_.......... '_" P......... ....... .... ...........:..... ......, '" :to.
11. Child tax crodit. Enter the smaller of line 7 or line 10 here and on Fonn 1040. line 43 or 104OA,line-28 ...,............... 11.-
400
108.230
110,000
o
400
18,442
18,442
400
Child Tax Credit - Line 9 Worksheet
Use this worksheet only if you checked ''Yes'' on line 9 of the Child Tax Credit Worksheet above.
1. Add the amounts from Form 1040,Iines 41,42, and 44 or 1040A.lines 26. 27, and 29. Enter the total. ....... ...... ....". 1.
2. Are you claiming any of the following credits; the adoption credit (Form 8839), the mortgage interest credit
(Form 8396), or the District of Columbia first-time homebuyer credit (Form 8859)7
8 No. Stop here; enter the amount from line 1 above on line 9 of Child Tax Credit Worksheet above. ...., ., . .}... .. .. 2.
Yes. Enter the amount from line 7 of Child Tax Credit Worksheet above.
Next, complete Form 1040. lines 52. 59a, 5gb, and 62 or 1040A, lines 37a and 3gb ifthey apply to you.
Then. go to line 3 below.
3. Enter the total social security and Medicare taxes withheld from your pay (and your spouse's if filing a joint
retum). These taxes should be shown in boxes 4 and 6 of your W-2 form(s). If you worked for a railroad, see below. 3.
4. Enter the total of the amounts from Form 1040. line 27 and line 52. plus any uncollected social security
and Medicare or RRT A tax on tips or group-tenn life insurance. This fax should be shown in box 13 -of W-2
form(s) with codes A and Band MorN. ...... .......... .... ............... ............ ......................... p..... 4.
5. Add lines 3 and 4,...,.,........,...,.... ._._.....,........ ._. ..... ....~.. ..__.... ....... ._..,... ..,.......... '.," 5.
6. Add the amounts from Form 1040, lines 59a and 62 or 1040A.line 37a and excess social security tax in6luded
on line 39. Enter the total............... ._._._............ ...... .n_.~"""'" ................ ....".....,..,...,.. ....". 6.
7. Subtract tine 6 from line 5, If zero. stop here; enter the amount from line 1 above on line 9 of
Child Tax Credit Worksheet above. .... .........,.................... ......,...", .... ..,...,........,............. .... 7.
8. Subtract line 7 from line 2. If line 7 is more than line 2. enter -0-. This is your child tax credit for
purposes of figuring the credits listed on line 2 above.."....,...,... ............ ..........,.... '_" ......."....,....... 8.
Next. complete the applicable credit form(s) listed on line 2 above. Use the amount from line 8 above in place of
the amount from Form 1040. line 43 or 1040A. line 28. Then, go to line 9 below.
9. Enter the total of any adoption credit from Form 8839, line 14, mortgage interest credit from Form 8396,
line 11, and District of Columbia first-time homebuyer credit from Form 8859, line 11 9.
10. Add lines 1 and 9. Enter the total here and on line 9 of Child Tax Credit Worksheet above. ...... .......".. ,...,...,...... 10.
Railroad employees. InclUde in the total on line 3 above any of the following taxes.
. Tier 1 tax withheld from your pay. This tax should be shown in box 14 of your W~2 form(s) and identified as "Tier 1 tax",
. If you were an employee representative, 50% of the total TIer 1 tax and TIer 1 Medicare tax you paid for 1998.
~._-" - ".
. '-. .
"
Y;/IIges. tip:s, Olher comp. 2 Feder...' il'lcQme tax withheld
566_07.43 103~9.1_2
SQcj,,1 ::Jeeurrty W"!iI= 4 Soc:ial :seeurity b:K withheld
60163.49 3730.14
Ih:dicarc wa~1::5 and tip$ 6 Medic::alc tax withheld
60 6.3.49 5~2 .37
::cntroJ Numbel'" I Dept Corp. I Emplaylll use 01'1%
'D,W2 W11 N 3405
!mpJoyer':s name, ..ddr~ and ZIP code
ERNATIONAL BUSINESS
CHINES CORPORATION
1 NORTH STREET
JICOTT, NY 13760-5553
1II0g.--V9H.274038
mployer"$ FED 10 "umber d Emplayee':5 SSA numbeJ
13-QaTL98S 474-72.6694
pei.al:s.eeuritytip:ll' 8 Alroe..ted tip$
dvance EOIC paymel'lt 10 OCpelldent c:arCl' b(l:nefits
pnqualified plans 12 Benefits ineluded in box 1
"
~~fotbox13 14 other
3556.06
139.23
Itemp.j ~_l PeJI'5XPJ'3! Leg,lrep. IOefexcolllp.
nployeco'$ name, address and ZlP code
N D POPHAM
~ KENT DRIVE
IP HILL, PA 17011
Ie Ifrl'lP'DYer's ~te ID nO. 17 Stolte wage:s.1ips, etc.
PM1000415 60024.26
Ie income tax 19 Locality name
1650.70 HAMPDEN
,"w~tip$.etc.. 21 Local iflo;ome tn::
60907..49 609.12
Employee Reference COg
'-2 Wage and Tax 1 98
Statement
,rEmDlcvee'sRecotdA- _ .- CUB No._1~
"
c)
.. ---:-., -,.......,~. - -,
-199~fw-2 and EARNINGS SUMMARY
.'.~'
",.
----
----
- - - --
---
- ----
_. -,- ---
-----
---.-
"
Inte':;;~onaf Business
Machines Corporation
-'"".;
. The wages, tips, and other compensation
reflected in box 1 are the sum of those
wages shown in your last pay statement
for 1998 plus any additional 1998 com-
pensation or adjustments received after
the 12}22198 payroll close.
JOHN D POPHAM
1922 KENT DRIVE
CAMP HILL, PA 17011
Social Security Number: 474--72-6694
o 199a' AUTOMAnc OATA PFlOCESS1NG IfIIC.
..v-~O(O""!lOE"AdiI<ERE -,.
..- .,' .-...., :"..., - ., "
,
".- -.-,-.-..-
,<",~_".,_. n~,,__ ,.' ,_-::..___--,--~<",---,...
.-... .--';'-" ..~~""- .
"
...
'ages. ti~ other comp. 2. Fedoral incQmc tax withheld
51344.72 7418.00
ociallSe<:urity wages . Social '5eCurity tax withheld
54615.92 3386.19
ledicare w4%~ and tips . MedICAre tax withheld
5 15.92 791.93
ontrol Number I DDpt. Corp. I Employer use anty
.224 GKQ 142 A 119
mpfoyer's nam';, address., and ZIP codo
lNER ASSOCIATES INC.
o HARRISBURG PIKE
~L1SLE PA 17013
Balch #00698
mployel"~ ~~D ID numbci'" d Employee-'s SSA ntlmber
23'18n458 172-50~O420
ocial3ecurity tipS 8 AllDCUI;ted tirn
dvance E1C paYfnent 10 Dependent eare benefits
onquaJified ,mmj 12 BenefM included ill boX f
ee insl=. tor bOX 13 14 othe<
C 97.08
03271.20
nemp..1 D~ I Pr"~Xnp~ I LegaJrep. -I Dde)tcomp.
mploy_'s nllltlC. .ciddre:ss and ZIP code
'HLEEN B. POPHAM
~ KENT DRIVE
~P HILL PA 17011
IItc/imptoyer's- ist.aW ID no. 17 State wages, tipa, ete..
1239 5489 54518.84
!lte income tax " L~litY name
1526.54 WSTB
clllwll9C'$.tiplS,ac.. 21 L~I income tax
54518.84 545 .24
Employee Reference cO!j
'1-2 Wage and Tax 1 98
Statement
foremploy(ll!'lJreeorda. OMB No. lli.c6-0008
1998 W-2 and EARNINGS SUMMARY
This blue Earnings Summary section Is included With your W-2 to help describe portions in mora detail.
The reverse side includes genorallnformatlon that you may also find helpful.
1. The following Information reflects yourfinaJ 1998 pay stub plu. ~ny adjustments submitted by your employer.
Gl"o$sPay 54518.84 SoclalSecurity 3386.19 PA.Statelncom8Tax 1526.54
. Tax Withheld Box 18 of W-2
Box 4 of W.2 Local Income Tax
8ox210fW.2
SUIISDI
Box 140fW-2
PA. State Wages, WSTB
llp3, Etc. ~l Wag~.
Box 17 of W-2 TlPSt Etc.
Box20ofW-2
54,518.8<
NIP
NI~
54,518.84
Fed. Income
To: Withheld
Box20fW-2
7418.00
Medicare Tax
Withhefd
Box 6 of W-2
.791.93
545.24
3. Employee W-4 Profile.. To change your Employee W-4 Profile Infonni!ltion. file.!ll new W-4 with your payroll de~t.
. -'~''''.' .
. ".~~ - _.''''''''..__0_._
.. ~
__ _ _______..____ .___ ,_~_.._ __"'.'_~' ____~ ____..,_ _ ___'.. . __.0. _ _ _.:f:,:,,~~~?~.r~~.~e~_~~______________,",__________, _.______.... ___ _____ _ _ H____.__ ____________
2. Your Gross Pay Was Adjusted aa follows to produce your W-2 Statement.
Wages, Tlps. other Social Security Medicare
Compensation Wages Wages
Box 1 ofW-2, Box 3 ofW.2 Box 5 ofW.2
Gross Pay
Plus GTL (C-Box 13)
Less 401 (1<) (ll-Box 13)
Reported W.2 Wages
54,S18.S4
97.08
3,271.20
51,344.72
54,518.84
97.08
NfA
54,615.92
54.518.84
NIA
NIA
54,518.84
"
Ci
54.518.84
97.08
NfA
54,615.92:
KATHLEEN B. POPHAM
1922 KENT DRIVE
CAMP HILL PA 17011
Social Security Number: 172-50-0420
Taxable Marital Status: MARRIED
Exemptions/Allowances:
FEDERAL: 0
STATE:
LOCAL: 0
" 1998 AUTOMATIC OATA PROCESSING. me,
--
.
~ 0D tlfl
JOHN D. POPHAM,
Plaintiff
vs.
)
)
)
)
)
)
}
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
PRE-TRIAL STATEMENT Q.E DEFENDANT. KATHLEEN.B.. POPHAM
Defendant, by her attorney, Samuel L. Andes, files this Pre-Trial Statement in
accordance with Pa. R.C.P. 1920.33(b}:
1. ASSETS. Attached hereto and marked as Schedule A is a list of the marital assets
as known to Defendant. Attached hereto and marked as Schedule B is a list of the non-
marital assets as known to Defendant.
2. EXPERT WITNESSES. At this point Defendant anticipates the following expert
witnesses may have to testify at the hearing in this matter, unless the parties agree on the
values of certain assets prior to the hearing:
A. A real estate appraiser to establish the fair market value of the
marital residence.
B. A pension consultant or similar expert to establish the current value
of Husband's account within the IBM pension plan.
C. An appraiser of personal property to establish the values of motor
vehicles, furnishings, and other tangible personal property.
Defendant hopes that the parties will be able to agree on the value of most of the assets
and that the testimony of these experts, therefore, will not be necessary. Defendant
reserves, however, the right to call these, and perhaps other expert witnesses, to respond to
any evidence submitted by Plaintiff in his case in chief.
3. FACT WITNESSES. At this point Defendant anticipates calling only herself as a
fact witness in the case. She reserves the right, however, to call such additional witnesses
as may be necessary to respond to any evidence offered by Plaintiff in his case in chief.
4. EXHIBITS. Defendant anticipates offering into evidence the following exhibits:
A. Copies of tax returns, paycheck stubs, and similar documents to
verify the parties' income during the marriage.
B. Social security payment estimates and similar documents to establish
the social security benefits to which each of the parties are currently entitled at
the time of their retirement.
C. Statements showing the value of various investment accounts,
including tax-deferred accounts, held by the parties to establish their value at
the time of the hearing.
D. Various documents relating to Plaintiff's account within the IBM
pension plan, including documents relating to IBM's offer to convert said plan
which contain estimates of the value of Plaintiff's account as of June 1999.
E. Expense statements and other documents to confirm the expenses of
Defendant and her household and the expenses she pays for the children.
Defendant reserves the right to offer such additional exhibits into the record as may be
necessary to respond to claims made by Plaintiff or evidence submitted by Plaintiff at the
hearing.
5. INCOME STATEMENT. Attached hereto and marked as Schedule C is a current
Income and Expense Statement prepared by Defendant. Defendant will update this at or
immediately prior to the hearing.
6. EXPENSE STATEM!=NT. Attached hereto and marked as Schedule C is a current
Income and Expense Statement prepared by Defendant. Defendant will update this at or
immediately prior to the hearing.
7. PENSION INFORMATION. Both of the parties participate in 401 (k) Plans and
Defendant expects to value them by producing statements showing their current value at
the time of the hearing. Plaintiff is also a participant i.n the IBM pension plan which is a type
of defined-benefit plan which cannot be valued by review of account statements alone.
Defendant hopes that the parties can agree upon a value of Plaintiff's benefits within the
plan and if they cannot will offer testimony about IBM's estimate of value. In the event the
parties cannot agree, however, Defendant reserves the rights to call an actuary or other
qualified expert to offer testimony about the value of Plaintiff's account within the Plan.
8. COUNSEL EEES. At the present time Defendant has not raised the claim for
counsel fees or expenses. However, she will make such a claim and produce evidence, at
the hearing, of the exact amount of her attorneys fees and the costs she has incurred to
litigate the case.
9. PERSONAL PROPERTY. Defendant hopes that the. parties will be able to agree
upon the division of their household goods and similar tangible personal property. In the
event they cannot, she proposes to have the items appraised and, if necessary, offer the
testimony of a qualified appraiser.
).
10. MARITAL DEBTS. Attached hereto and marked as Schedule D is a list of the
marital debts as known to Defendant.
11. PROPOSED RESOLUTION Q.E ECONOMiC ISSUES. Defendant proposes that she
receive 60% of the marital property for several reasons. Plaintiff's earnings and earning
capacity is greater than that of Defendant. Plaintiff has superior retirement benefits available
to him because Defendant's working career was always secondary to the family needs.
Defendant is currently contributing to the support and financial assistance of the parties'
daughter while she completes her college education. If the matter can be resolved without a
full scale hearing, Defendant is willing to waive any claims for alimony or counsel fees and
expenses. In the event that a full hearing is necessary, Defendant reserves the right to
raise those claims prior to the hearing so they can be determined the same time as the other
economic issues.
~q~_~Qn~Sl
Samuel L. Andes
Attorney for Defendant 2.1 ~'l 2.:Oi;) t
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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SCHEDULE B
NON-MARITAL PROPERTY
Wife owns a diamond ring, valued at approximately $450.00, which
was given to her by her sister. Defendant does not believe the ring
increased in value after she received it as a gift and claims that to be
entirely non-marital property.
Wife owns seven shares of Verizon stock. She received one share in
the settlement of a class action suit prior to the date of marriage. That
share is not marital property. The other six shares represent the growth of
the stock during the marriage and those shares have been listed as marital
property.
JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
INCOME AND EXPENSE STATEMENT OF DEFENDANT, KATHLEEN B. POPHAM
INCOME
Defendant is employed by Campus Door. Inc. Her gross salary is $2,038.46 every two
weeks. Her monthly income, net of taxes and other mandatory deductions, ;s calculated as
follows:
Gross Salary
$2,038.46
Less:
Federal Income Tax
Social Security Tax
Medicare Tax
PA Income Tax
Local Income Tax
$318.29
$126.38
$29.56
$57.08
$20.38
TOTAL TAXES
TOTAL INCOME NET OF TAXES
$551.69
$1 .486.77
That averages to $2,973.54 per month. Attached hereto and marked as Exhibit A is a copy
of a paycheck stub which ended 11 March 2001, confirming that income.
EXPENSE
Attached hereto and marked as Exhibit B is a list of Defendant's typical monthly household
expenses.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
4904, relating to unsworn falsification to authorities.
Date:
KATHLEEN B. POPHAM
Tn
Earnings
IRate Units Current YTD "
"
g
ry
****** 80.00 2,038.46
~,
TAL 2 1'I-:l:8.4.c:: 7 "4.5"
ble Gross 2,038.46.. 7;134.58
ee .Wage Base 7,134.58
icare Wage Base , ,>A "'
Deductions a
Current YTD ~
ral taxes 318.29 1_,042.27
e. 126.38 44:2.33
itare 29.$6 103.46
IT 57.0B 199.78
isle PA City Tax 20.38 71.33
ar Anen Township I C .00 .00
isle PA Head Tax 10.00
TAL 551.69 1,869.17
Direct Deposit
Routinglf Account# Amount
G31381116 I 0172500420 I 1,486.77
TPAY I 1,486.77 I
-, , -
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NE
EXPENSE STATEMENT WORKSHEET
EXPENSE MONTH
HOME
MORTGAGE/RENT $604.00
MAINTENANCE $140.00
ELECTRIC $78.00
GAS $79.00
TELEPHONE $95.00
TRASH/SEWER $25.00
WATER $30.00
EMPLOYMENT
LUNCH $50.00
TAXES
REAL ESTATE $29.00
PERSONAL PROPERTY $65.00
PERSONAL TAX $5.00
INSURANCE
HOMEOWNERS $44.00
AUTOMOBILE $54.00
LIFE $12.00
HEALTH $15.00
AUTOMOBILE
PAYMENTS (new car is required but cost has not $
yet been determined)
FUEL $130.00
REPAIRS/MAINTENANCE $200.00
,
MEDICAL
DOCTOR $180.00
DENTIST $15.00
MEDICINE $20.00
SPECIAL NEEDS (GLASSES, BRACES, $18.00
ORTHOPEDIC DEVISES, ETC.)
EDUCATION
COLLEGE SAVINGS $250.00
PERSONAL
CLOTHING $120.00
FOOD & HOUSEHOLD SUPPLIES $330.00
BARBER/HAIRDRESSER $30.00
MEMBERSHIPS $75.00
MISCELLANEOUS
PAPERS/BOOKS/MAGAZINES $15.00
ENTERTAINMENT $140.00
PAY TV $22.00
VACATION $120.00
GIFTS $260.00
LEGAL FEES $165.00
CHARITABLE CONTRIBUTIONS $85.00
OTHER
YMCA MEMBERSHIP $30.00
KATES MOM $100.00
TOTAL EXPENSES $3,630.00
.
SCHEDULE D
MARITAL DEBTS
Other than the mortgages and automobile loan listed on Schedule A,
Defendant is not aware of any other marital debts.
LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. BOX 1062:
I. EMANUEL ME:YER$ {19f5~f970}
BRUCE D. DESFOR
LAURIE A. SAL TZGIVER
CATHERINE A. BOYLE
HARRISBURG. PA. 1710B
(717) 2.36,942B
FAX (717) 236-2617
WEBS1TE www.meyersdesfor.com
EMA1L lsaltzgiver@meyersdesfor.com
cboyle@meyersdesfor.com
June 28, 2001
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham vs. Kathleen B. Popham
Dear Master Elicker:
Enclosed please find an original and a copy of Mr. Popham's
Pre-Trial Statement.
If you have any questions, please feel free to contact me,
Very truly yours,
Il/;::i.(.OYle
CAB/mls
cc: Samuel Andes, Esquire
John D. Popham
JOHN D. POPHAM
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 00-1710
KA THlLEEN B. POPHAM
Defendant
: CIVIL ACTION - LAW
: DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter my appearance on behalf of the Defendant, Kathleen B. Popham.
Respectfully submitted,
GATES & ASSOCIATES, P.C.
usan Kay Can 'e 1 Esquire
Counselfor De nd. I
PA J.D. # 64998
1013 Mumma Road, Suite 100
Lemoyne, PAl 7043
(717) 731-9600
Dated: March gR:::' 2000
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JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
KATHLEEN B. POPHAM,
Defendant
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IN DIVORCE
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1.
Defendant lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
2. Defendant is unable to support herself in accordance with the standard of living
of the parties established during the marriage through appropriate employment.
I 3. The Plaintiff is employed and enjoys a substantial income from which he is able
,I to contribute to the support and maintenance of the Defendant and pay her alimony in
I accordance with the Divorce Code of Pennsylvania.
i
1 WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding
I
II Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate
'I to support and maintain Defendant in the station of life to which she has become
accustomed during the marriage.
COUNT" - ALIMONY PENDENTE LITE
4. Defendant is without sufficient income to support and maintain herself during
the pendency of this action.
5. Plaintiff enjoys a substantial income and is well able to contribute to the
support and maintenance of Defendant during the course of this action.
Ii
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,
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her
reasonable alimony pendente lite during the pendency of this action.
COUNT 11I- COUNSEL FEES AND EXPENSES
6. Defendant is without sufficient funds to retain counsel to represent her in this
matter.
7. Without competent counsel, Defendant cannot adequately prosecute her claims
against Plaintiff and cannot adequately litigate her rights in this matter.
8. Plaintiff enjoys a substantial income and is well able to bear the expense of
Defendant's attorney and the expense of this litigation.
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the
legal fees and expenses incurred by Defendant in this litigation of this action.
I
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el L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12'h Street
lemoyne, Pa 17043
(717) 761-5361
'I
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I verify that the statements made in this Complaint are true and correct. I
understand that any false statements in this Complaint are subject to the penalties of 18
Pat C.S. 4904 (unsworn falsification to authorities).
bit' /0/
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AZATHlEEN B. POPHAM
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CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Petition for Economic
I
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Relief upon counsel for the Plaintiff herein by regular mail, postage prepaid,
Catherine Boyle, Esquire
410 North Secood Street
Harrisburg, Pa 17101
Date: 7 May 2001
~
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Samuel L. Andes
Attorney for Defendant
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SAMUEL L. ANDES
ATTOR1'r.EY AT LAW
5215 NORTH T'WELFTH STREET
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TEI..EPHO::-;fE
(717) 7$1"53Gl
18 September 2001
FAX
(717) 761.143~
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham vs. Kathleen B. Popham
No. 00-1710
Dear Mr. Elicker:
At the pre-trial conference in the above matter you requested that I have
Susan CandieI/o formally withdraw her appearance and that I enter my appearance
for the Defendant. I reviewed my records and found that Ms. Candiello and I did
that in June of this year. I enclose a copy of the praecipe and her letter of
transmittal to the Prothonotary.
If you still think anything is needed to accomplish this change, please let me
know. Thank you for your cooperation.
Sincerely,
,)~L.~
Samuel L. Andes
Ie
Enclosure.
cc: Catherine A. Boyle, Esquire
lA,zk.. ?ef)h~ P1'!rc.
LAW OFFICE OF . r =-
SUSAN KAY CANDIELLO, B.S.N., M.S.N.,J,D.
NURSEjArroRNEY
5021 EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PENNSYLVANIA 17050
(717) 796,1930 FAX (717) 796-1933
www.skcfamilylaw.com www.skcelderlaw.com
June 19,2001
COPy
Curt Long
Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle PA 17013-3387
RE: John D. Popham vs. Kathleen B. Popham
No. 00-1710
In Divorce
Dear Mr. Long:
Enclosed for filing in the above-referenced matter please find an original and one (1)
copy of the Praecipe to Withdraw/Enter Appearance. Please time-stamp the copy and return it to
me in the self-addressed, stamped envelope I have provided.
Thank you for your cooperation. Please call me if you have any questions or if you need
further information.
Sincerely,
SKC:krh
Enclosures
cc: Samuel L. Andes, Esquire, w/enc.
Susan Kay
JOHN D. POPHAM,
Plaintiff
vs.
)
)
1
1
)
)
)
)
1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
.
.
CIVIL ACTION - LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
COpy
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance in the above matter on behalf of the
Defendant. Kathleen 8. Popham.
Date:
~ [0 ,..:)C)O(
/ t
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance in the above matter on behalf of the Defendant.
Kal'hleen B. Popham.
Date: q..J..YU) 131bltoJ
~
Attorney for Defendant
Supreme Court 10 # 17225
JOHN D. POPHAM,
Plaintiff
vs.
I
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)
)
)
)
)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00- j 710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
PRAECIPE TO WlTHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance in the above matter on behalf of the
Defendant, Kathleen B. Popham.
Date:
~10~(
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PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance in the above matter on behalf of the Defendant,
Kathleen B. Popham.
Date: qJ....YU) 13,9OOJ.
~
Attorney for Defendant
Supreme Court ID # 17225
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JOHN D. POPHAM,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-1710
KATHLEEN B. POPHAM,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on this af'S'& day of ~
2001, a copy of the attached Pre-Trial Statement Pursuant to Pa.
R.C.P. 1920.33 was mailed, postage pre-paid to:
Kathleen B. Popham
c/o Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
!::!!::::. :Y;e~
Attorney I.D. #76328
Attorney for Plaintiff
MEYERS, DESFOFl. SALTZGIVER & BOYLE
410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108
. (717} 236-9428 . FAX (717) 236"2817
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SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWEI..FTH STREET
P.O, BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 761-5361
15 November 2001
FAX
{717} 761-14.315
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, P A 17013
RE: John D. Popham vs. Kathleen B. Popham
No. 00-1710 Civil Term
Dear Mr. Elicker:
I represent the Defendant in the above matter. Catherine Boyle, Esquire,
represents the Plaintiff. You have a hearing scheduled for 6 December 20019n
all of the e,conomic claims and.a settlement conference scheduled for 28
November 2001. I write to request that both of those dates be rescheduled.
When we appeared before you at the pre-trial conference, it was clear
that the parties had to exchange more information to prepare properly for the
hearing. I have repeatedly requested that information from Catherine Boyle
and have not, as yet, received most of what I have requested and what I need
to prepare the case either for settlement or for a hearing. For example, she has
still not provided me with copies of Mr. Popham's tax returns for the years
since separation or any current paycheck stub. In fact, in response to my
repeated request for those documents, she sent me a copy of his paycheck
stub from the month of April 2000, which is now more than eighteen months
old. Similarly, she has not provided me with other documents I have
requested so that I can have his pension benefits and other assets appraised.
Without this information I cannot properly advise my client, let alone
represent her at a hearing on the economic issues. I do not like to request a
postponement of the hearing, but, under these circumstances, I feel I have no
choice. I have filed a formal Request for Production and expect that I may
have to take this matter up with the court to get the kind of documents which I
need. All of that is likely to take several months and I cannot prepare for, and
E. Robert Elicker, II
2
15 November 2001
you cannot properly conduct, a hearing on the economic issues without that
data.
I am sending a copy of this letter to Catherine Boyle and I am certain you
will hear from her in response. After you have her response, if you want to
confer with counsel, please contact my office and we can arrange a conference
telephone call for that purpose.
Sincerely,
S~ ~des
amh
cc: Kathleen B. Popham
Catherine Boyle, Esquire
LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. SOX 1062
I. EMANUEL. MEYE:RS (1916-1970)
BRUCE D. OESFOR
LAURIE A. $AL.TZGIVER
CATHERINE:. A. BOYLE
HARRISBURG, PA 17108
(717) 236-9428
FAX (717) 236.2817
WEB5lTE vyww.meyersdesfor.com
EMA1L.lsaltzgiver@meyersdesfOr.com
cboyle@meyersdesfor.com
November 20, 2001
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham vs. Kathleen B. Popham
Dear Master Elicker:
I am writing in response to Mr. Andes letter to you dated
November 15, 2001. The only delay that has occurred in this case
is as a result of Mrs. Popham's failure to indicate how she
wishes to proceed..witl:1_Hthe.cas.e and failure to supply documents
to me. .
. . . . ,
',".
Concerning my. client's clJrrent ;>.ncome, :( have" already
indicated to MJ;".. Andes in correspondence some- time ag'o, there has
been no change in Mr. Popham's' income since the support
conference. Moreover, the parties filed a joint tax return in
1999, after the date of. separation, and there. has been no change
in income since that time. I have already provided this
information to Mr. Andes and as of this letter have confirmed it
with additional documents. Mr. Popham'S tax return was not
requested until early October, at the Pre-Trial Conference, and
has since not been supplied.
As for the pension account, I have supplied a copy of my
valuation as well as all back up documents for same, including
explanation documents jrom IBM, IBM calculations (which wife used
at the pre-Trial), date .of separation statements,recent
statements and all other requested statements. If Mrs. Popham
wishes to have the asset valued she has.all necessary information
to do so. Moreover, she has all documents used by my expert to
value same.
To date, Mr. Andes has..failed to indicate whetheJ; the
December 6tn..hearing is to ,consider al.imonY c,r'. eg1.li taJ::?J,e."
distribution in this case. Furthermore, he has yet to produce
any documents that I have requested as of the Pre-Trial
Conference including the following:
MEYERS, DESFOR. SALTZGIVER & BOYLE
1. Information explaining his client's account with PSECU,
Giant Bank and Members First Federal Credit Union. I
detailed the information requested from Mrs. Popham in
correspondence dated October 11, 2001.
2. A recent paystub.
3. A 2000 tax return, including all attachments.
4. A recent 401(k) statement for his client.
5. Copies of all itemized invoices for attorneys fees,
costs and expenses incurred by his client. Please note
there is an outstanding request for counsel fees in this
case and I will be unable to prepare this portion and will
seek to have the request dismissed entirely if I cannot have
the invoices ahead of the hearing.
6. Copies of all checks written by Mrs. Popham to her
mother for her support.
None of these issues require a continuance. Indeed, it
would be appropriate that Mrs. Popham be directed to supply the
requested documents as soon as possible or have the evidence
contrued against her.
I agree with Mr~ Andes that it is
have a telephone conference with you.
scheduling one as soon as possible.
necessary for counsel to
Would you kindly consider
Thank you for your attention to this matter.
any assistance scheduling a telephone conference,
hesitate to contact me.
If I may be of
please do not
CAB/elk
cc: Samuel Andes, Esquire
John D. popham
LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. BOX 1062
I. EMANUEL MEYERS (1915-1970)
BRUCE D. DE:SFOR
LAURIE A. SALTZGIVER
CATHERINE A. BOYLE
HARRISBURG, PA. [7[08
(7 [7) 236-9428
FAX(717) 236-2817
WEBS1TE WI/VW.meyersdesfor.com
EMAIL lsaltzgiver@meyersdesfor.com
.cboy(e@meyarsdasfor.com
January 2, 2002
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: John D. Popham vs. Kathleen B. Popham
Dear Master Elicker:
Due to a conflict in my schedule, Mr. Andes was kind enough
to agree to reschedule the Equitable Distribution hearing in the
above-referenced matter. I understand that the hearing has been
rescheduled to 9:00 a.m. on Tuesday, March 12.
Thank you for your attention to this matter. If you have
any questions, please do not hesitate to contact me.
Very truly yours,
-t;
CAB/mls
cc: Sam Andes, Esquire
John Popham
- .
~"'-
LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. SOX l06;a
I. E:MANUEL MEYERS (1915-1970)
BRUCE D. DESFOR
LAURIE A. SALTZGIVE:R
CATHERINE A. BOYLE
HARRISBURG, PA. 17108
(717) 236-9428
FAX(?I?) .2:36--.2:817
WEBSITE. \N'lN'W.meyersdesfor.com
EMAIL Isaltzgiver@meyersdesfor.com
cboyIe@meyarsdesfor.com
February 25, 2002
E. Robert Elicker, II
Office of the Divorce M~ster
9 North Hanover Street
Carlisle, PA 17013
Re: John D. Popham vs. Kathleen B. Popham
Dear Master Elicker:
I have only just received Mr. Andes letter to you dated
February 20, 2002, requesting that you hear the pension experts
on another day other than the date already set for the Equitable
Distribution hearing in the above-referenced matter.
I simply cannot. agree with hearing these . 'exPerts . on any 'day
other than the day that, has already been.' set' aside:' Frciin'wh;;<t I
under'stand, ' the. experts would natbe'able. to'tes.tTEy"until Mayor
June 2002, and this case has already been delay~d numerous times
at Mr. Andes' reqUest. _H '
Mr. Andes has known that I was using Mr. Crumling to value
the pension for an extended period of time and even had a copy of
my valuation report months and months ago. His client's pattern
of behavior that has become evident, in that she wishes to delay
this case for as long as possible.
The Divorce Code provides that parties separated for more
than two years may obtain a divorce and move on with their lives.
These parties have been. separated for more than two years and Mr.
Popham simply wants to obtain his divorce and move on with his
life. Further delay in this case will prevent him from doing so.
Moreover, there is a minor child involved in this case who is
having difficulty dealing with the ongoing stress of his parents'
separation and needs finality to this issue. Further delay, will
prevent anybody from finalizing this case in any way.
Accordingly,
after March 12th.
full on that day.
I cannot agree to take additional testimony
I believethat.the case should be heard in.
Thank you for your ~ttention to this matter.
...-
MEYERS, DESFOR, SALTZGIVER & BOYLE
E. Robert Elicker, II
February 25, 2002
Page 2
If you have any questions, please feel free to contact me.
CAB/mls
cc: Sam Andes, Esquire
John Popham
Very truly yours,
CI!:;;lt(,
JOHN D. POPHAM,
Plaintiff
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
NOTICE IS HEREBY GIVEN that KATHLEEN BERRIGAN POPHAM, Defendant in the
above matter, having been granted a Final Decree in Divorce on the 1 "lih day of
HCH'c.h 2002, hereby elects to resume the prior surname of KATHLEEN
BERRIGAN, and gives this written n9tice pursuant to the provisions of 54 P.S. S 704.
Date:
y 1~11 02--
~'~G--
rTHLEEN BERRIGfN POP
IirLili-=. ~ 'r
J"HLEEN BERRIGAN
...-
COMMONWEALTH OF PENNSYLVANIA )
( S8.:
COUNTY OF CUMBERLAND )
On the Wday of {lp.JU.J , 2002, before me, the undersigned officer,
personally appeared KATHLEEN BERRIGAN POPHAM, known to me (or satisfactorily proven) to
be the person whose name is signed to the within Notice to Resume Prior Surname and
acknowledged that she executed the foregoing for the purpose therein contained.
IN WITNE8SWHEREOF, I hereunto set my hand and official seal.
T.~ '_"
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Notary Pu Iic.
NOTARIAL SEAL
AMY",. HARKINS, NOTARY PUBliC
lEMOYNE BORO., CUMBERLAND COUNTT
MY COMMISSION EXPIRES JAN. 31, 2005
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JOHN D. POPHAM,
Plaintiff
vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW come the above-named parties and jointly move the court to enter the
attached Qualified Domestic Relations Order in this matter to implement one of the
provisions of the Property Settlement Agreement they made at the time of their divorce
and shortly prior to the entry of the final decree in their divorce action.
Jo II /2003
Dat~ . (
10/1'"1 /;..007.,
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Date
~tfJ...m 7S.~~
{Kathleen B. Popham, ow Kathleen Berrigan
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F:LED-CFFiC~
,OF ThE ;:-';:-nr:-rSNJTARY
03 OCT 2 L, M1 8: I 2
CUMb::fi...h,';~' ~,tJUNTY
PENNSYLVAi~L!I,
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JOHN D. POPHAM,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-1710 CIVIL TERM
KATHLEEN B. POPHAM,
Defendant
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
This Order is intended to serve irs a Qualified Domestic Relations Order ("QDRO")
by which a division and disposition of the Participant's benefit under the IBM Retirement
Plan will be and is made according to the provision of Section 401 (a) (13) and 414 (p) of
the Internal Revenue Code of 1986, as amended ("IRC") and Section 206 of ERISA, as
amended ("ERISA").
1. John D. Popham is a Participant in the IBM Retirement Plan (the "Plan").
Kathleen B. Popham is the spouse of the Participant and is the Alternate Payee as defined
under IRC Section 414 (p).
2. All notices and other communications by and to the Participant, the Alternate
Payee and the Plan Administrator shall be mailed by first class mail,postageprepaid,to
the following addresses:
To Participant:
John D. Popham
4827 46th Street N.W.
Washington, DC 20016
474-72-6694
May 18, 1956
Social Security Number:
Date of Birth:
IBM Serial Number
To Alternate Payee:
Social Security Number:
Date of Birth:
Kathleen B. Popham
1922 Kent Drive
Camp Hill, PA 17011
172-50-0420
April 23, 1955
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To Plan Administrator:
IBM Personal Pension Plan
c/o IBM QDRO Administration
P.O. Box 550980
Jacksonville, FL 32255-0868
Any of the parties may designate another address for the purpose of receiving notices and
communication pursuant to this Order by giving written notice to the other parties at the
addresses currently in effect.
3. The allocation and disposition of the Participant's benefit under the Plan relates
to a provision of marital property rights and is in accordance with Pennsylvania
Consolidated States Annotated, Title 23, Sections 3501 et al of the State of
Pennsylvania. The interest alloated by this order is the Participant's accrued Core and
PRP benefit.
4. The Alternate Payee is awarded under the dividing method as the Alternate
Payee's separate property and amount equal to Fifty-Five Percent (55%) of the
Participant's accrued Core Benefit as of March 11, 2000.
5. The Plan is ordered to pay directly to the Alternate Payee, in full satisfaction of
the Alternate Payee's interest in the Plan awarded herein, a monthly benefit commencing
no later than the date the Participant commences benefits and continuning for the life of
the Alternate Payee. The Alternate Payee shall have the option to elect one of the forms
of payment offered by the Plan (with the exception of a joint and survivor annuity for a
subsequent spouse) at the time of the Alternate Payee's commencement.
(a) The Alternate Payee may commence receipt of benefits from the
Plan on or after the earliest date on which the Participant would be able to
commence receipt of benefits under the Plan by providing six months
advance written notice to th Plan. The earliest date will be the date that the
Participant would be eligible to receive Core retirement benefits if the
Participate had terminated employed (or reached earliest retirement date or
vested rights income begins), whether or not Participate actually elects to
retire or begin receiving vested rights benefits. If this option is exercised,
there will be an actuarial reduction in the Core benefit for the number of
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years and months that the Participant is under age 65 at commencement of
payment to the Alternate Payee. If this option is not exercised, the Core
payments to the Alternate Payee will commence when the Participant
commenced receipt of benefit payments.
(b) If an option of early commencement of Core benefits is exercised
by the Alternate Payee, the Alternate Payee shall not share proportionately in
any early retirement subsidy made available to the Participant at the time of
the Participant's commencement of benefits.
6. The Alternate Payee shall receive Fifty-Five (55%) Percent of any possible Core
post retirement plan improvements. However, if the Alternate Payee elects early
retirement payments than the Alternate Payee shall not share in any post retirement or
any Core post retirement plan improvements.
7. The Alternate Payee is awarded as the Alternate Payee's separate property an
amount equal to Fifty-Five (55%) Percent of the Participant's interest in the PRP benefits
as of March 11, 2000, plus Fifty-Five (55%) Percent of any interest earned or awarded on
such PRP benefits after that date. The Plan is ordered to pay directly to the Alternate
Payee, in full satisfaction of the Alternate Payee's interest in the PRP awarded hereunder,
a single lump-sum distribution commencing immediately upon formal qualification of the
order by the Plan.
8. The Alternate Payee is a spouse of the Participant and is eligible for Pre-
Retirement Spouse Protection (PRSP). The Alternate Payee will receive a PRSP benefit
equal to 100% of the Alternate Payee's interest in the Core benefit as awarded herein,
reduced for the joint and survivorship feature based on the ages of the Participant and
Alternate Payee at the PRSP start date. There will be further reductions as specified in
the IBM Retirement Plan if the PRSP benefit will be paid prior to the date the Participant
could have received an unreduced retirement benefit. If the Alternate Payee commences
benefits prior to the Participant's death, no PRSP shall be available.
9. The Alternate Payee is entitled to a PRP death benefit if Participant dies prior to
Alternate Payee's commencement of benefits. The Alternate Payee is awarded 55% of
the PRP death benefit.
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10. The Participant and Alternate Payee shall each be responsible for his or her
own federal, state and local income and other taxes attributable to any and all payments
from the Plan which are received by Participant and Alternate Payee, respectively. The
Plan shall provide to Participant and Alternate Payee in accordance with its customary
procedures such information as i~ n()rmally provide_d to participants in the Plan with
respect to taxation of distributions from the Plan.
11. This Court reserves jurisdiction over the parties and the IBM Retirement Plan
until such time as all obligations of the Plan to the Alternate Payee under this Order have
been fully paid and discharged.
1 2. No provision of this Order shall be construed to require the Plan, the Plan
Administrator, or any trustee or other fiduciary with respect to the Plan to take any action
which is inconsistent with any provision of the Plan as now in effect or hereafter
amended.
13. No provision of this Order shall be construed to require the Plan to (a) to make
any payment or take any action which is inconsistent with any federal or state law, rule,
regulation or applicable judicial decision; (b) to provide any type or form of benefit, or any
option, which is not otherwise provided under the provisions of the Plan, and specifically
authorized by this Order; (c) provide increased benefits (determined on the basis of
actuarial value); or (d) pay benefits to any Alternate Payee which are required to be paid
to another Alternate Payee under another order previously determined to be a Qualified
Domestic Relations Order.
14. The undertakings and obligations of the IBM Personal Pension Plan as set forth
in this Order are solely those of the Plan. Neither IBM Corporation, any of its subsidiaries
or affiliated corporations, nor any officer, employee or agent of any of the corporations
(other than the Plan Administrator) shall be deemed to have made any undertakings or
incurred any obligations as a result of this Order.
15. Notwithstanding any other provision of this Order, in the event that the
Participant, Alternate Payee or any other party claiming rights under this Order shall make
any claim which the Plan Administrator shall determine to be inconsistent with the
provisions of this Order or with any provision of the Retirement Equity Act of 1984, as
amended, the Plan may forthwith cease making any further payments to any person
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whose rights under the Plan, in the sole judgment of the Plan Administrator, may be
affected by such claim pending resolution of such claim or further order of this Court, and
the Plan may also take such further action or actions as may be permitted by law with
respect to such claim and/or this order.
BY THE COURT,
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