HomeMy WebLinkAbout97-00194
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IN THE COURT OF COMMON PLEAS
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STATE OF it~;~~!
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RUTH ~. MTLCHP~
;\11. 97-194 CIVIL TERM
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WTLLI~M P. MILCI'/.K
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DECREE IN
DIVORCE
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. it is ordered and
AND NOW,
.Ruth~...~ll~ha~.
. . . . . ., plaintiff,
. . . . " defendant,
decreed that
and... .
.Wi~liam.r,.Milch.~..
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are divorced from the bonds of matrimony.
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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
been entered; None!.
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not merg~d herewith.
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PROPERTY SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this .:;l/ day of .Iv 1arJ-
1998, by and between Ruth A. Milchak, of Camp Hill, Cumberland
County, Pennsylvania (hereinafter referred to as "WIFE") and
William P. Milchak, of Camp Hill, Cumberland County, Pennsylvania
(hereinafter referred to as "HUSBAND"):
WtTNESSE'J'H:
WHEREAS, the parties were married on May 31, 1981, in New
Castle, Pennsylvania, and;
WHEREAS, one child has been born of this marriage, namely,
Brent Milchak, born May 24, 1984.
WHEREAS, diverse, unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of WIFE and HUSBAND to live separate and apart, and the
parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as
between each other, including, without limitation by
specification: the settling of all matters between them relating
to the ownership and equitable distribution of real and personal
property; settling of all matters between them relating to the
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past, present and future support, alimony and/or maintenance of
WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters
between them relating to the past, present, and future support
and/or maintenance of the child; and in general, the settling of
any and all claims and possible claims by one against the other
or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of
the mutual promises, covenants and undertakings hereinafter set
forth and for other good and valuable consideration, receipt of
which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each intending to be legally bound hereby
covenant and agree as follows:
1. SEPARATION: HUSBAND and WIFE shall at all times
hereafter have the right to live separate and apart from each
other and to reside from time to time at such place or places as
they shall respectively deem fit, free from any control,
restraint or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit
or dwell with him or her by any legal or other proceedings. The
foregoing provisions shall not be taken to be an admission on the
part of either HUSBAND or WIFE of the lawfulness or unlawfulness
of the causes leading to their living apart,
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2. INTERFERENCE: Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement. Neither party
shall molest the other or attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, or in any
way harass or malign the other, nor in any way interfere with the
peaceful existence, separate and apart from the other, and each
of the parties hereto completely understands and agrees that
neither shall do or say anything to the child of the parties at
anytime which might in any way influence the child adversely
against the other party, it being the intention of both parties
to minimize the effect of any such separation upon the child.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of
HUSBAND or WIFE to a divorce on lawful grounds as such grounds
now exist or shall hereafter exist or to such defense as may be
available to either party, This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part
of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy
differences which have occurred prior to or which may occur
subsequent to the date hereof.
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4. SUBSE~UENT DIVORCE: The parties hereby acknowledge
that WIFE has filed a Complaint in Divorce in Cumberland County
to Docket No. 194-1997 CIVIL TERM, claiming that the marriage is
irretrievably broken under Section 3301(c) of the Pennsylvania
Divorce Code. HUSBAND hereby expresses his agreement that the
marriage is irretrievably broken and expresses his intent to
execute any and all Affidavits, Waivers, or other documents
necessary for the parties to obtain an absolute divorce pursuant
to Section 3301 (c) of the Divorce C0de at the, same time d5 he
executes this Agreement. The parties hereby waive all rights to
request court ordered counseling under the Divorce Code. It is
further specifically understood and agreed by the parties that
the provisians of this Agreement as to equitable distribution of
property of the parties are accepted by each party as a final
settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code,
Should a decree, jUdgment or order of divorce be obtained
by either of the parties in this or any other st2te, country or
jurisdiction, each of the parties hereby consents and agrees that
this Agreement and all of its covenants shall not be affected in
any way by such sepdLdtiun or dlvulce; alld Lhac nothing in any
such decree, judgment, order or further modification or revision
thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry. It
is the specific intent of the parties to permit this Agreement to
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survive any judgment and to be forever binding and conclusive
upon the parties.
5, INCORPORATION IN DIVORCE DECREE: It is further
agreed, covenanted and stipulated that this Agreement, or the
essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any
divorce proceedings that have been or may be instituted by the
parties for the purpose of enforcing the contractual obligations
of the parties. This Agreement shall not be merged in any such
decree but shall in all respects survive the same and be forever
binding and conclusive upon the parties.
6, EFFECTIVE DATE: The effective date of this Agreement
shall be the "date of execution" or "execution date," defined as
the date upon which it is executed by the parties if they have
each executed this Agreement on the same date. Otherwise, the
"date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing
this Agreement.
7. DISTRIBUTION DATE: The transfer of property, funds
and/or documents provided for herein, shall only take place on
the "distribution date" which shall be defined as the date of
execution of this Agreement unless otherwise specified herein.
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However, the support clnd/or alimony payments, if any, proviaed
for in this Agreement shall take effect as set forth in this
Agreement.
8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby
mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatsoever, of and from any and all rights, title
and interest, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever situated, which he or she now has or at any time
hereafter may have against the other, the estate of such other or
any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of
dower or curtesy, or claims in the nature of dower or curtesy or
widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the right to take
against the spouse's will, or the right to treat a lifetime
conveyance by the other as a testamentary gift, or all other
rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of
(aIPennsylvania, (blany State, Commonwealth or territory of the
United States, or (clany country or any rights which either party
may have or at any time hereafter shall have for past, present or
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future support or maintenance, alimony, alimony pendente lite,
counsel fees, division of property, costs or expenses, whether
arising as a result of the marital relationship or otherwise,
except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provisions thereof. It is the intention of HUSBAND
and WIFE to give each other by the execution of this Agreement a
full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which
the other now owns or may hereafter acquire, except and only
except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provision thereof. It is further agreed that this
Agreement shall be and constitute a full and final resolution of
any and all claims which each of the parties may have against the
other for equitable division of property, alimony, counsel fees
and expenses, alimony pendente lite or any other claims pursuant
to the Pennsylvania Divorce Code or the divorce laws of any other
jurisdiction.
9. ADVICE OF COu~SEL: The provisions of this Agreement
and its legal effect have been fully explained to the parties by
their respective counsel MARIA P. COGNETTI, Esquire, for WIFE and
CHARLES RECTOR, Esquire, for HUSBAND. HUSBAND and WIFE
acknowledge that this Agreement is not the result of any duress
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or undue influence and that it is not the result of any collusion
or improper or illegal agreement or agreements.
10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party
represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of
the other party may be responsible or liable except as may be
provided for in this Agreement, Each party agrees to indemnify
and hold the other party harmless for and against any and all
such debts, liabilities or obligations of every kind which may
have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this
Agreement.
11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that with the exception of
obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold
harmless the other party for and against any and all debts,
charges and liabilities incurred by the other after the execution
date of this Agreement, except as may be otherwise specifically
provided for by the terms of this Agreement.
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12. DEBT OF THE PARTIES: HUSBAND agrees to pay and be
solely responsible for the debts owed to Visa, BonTon, J.e,
Penney's, Kaufmann's, Ward's, and Ilechingers. WIFE agrees to pay
and be solely responsible [or the debts owed to Sears, Speigel,
Victoria's Secret, and Lerner's. Each party agrees to indemnify
and hold harmless the others from any and all liability
associated with their respective debts.
13. PERSONAL PROPERTY: WIFE agrees to transfer to HUSBAND
all her right, title and interest in the personal effects,
household furniture and furnishings as listed on Exhibit "A',
which have heretofore been used by the parties in common.
All other items of personal property have been divided
satisfactorily by the parties and neither shall make any claim to
any such property presently in the possession of the other.
Should at any time it become necessary for either party to
execute any titles, deeds or similar documents to give effect to
this paragraph, it shall be done immediately upon request of the
other party.
14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that
they each possess certain bank accounts and the like in their
respective names. They hereby agree that each shall becomp. sole
owner of their respective accounts and they each hereby waive any
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interest in, or claim to, any funds held by the other in such
accounts.
15. HUSBAND'S RETIREMENT ACCOUNT: The parties acknowledge
that HUSBAND has certain retirement benefits through TIAA-CREF.
In order to satisfy WIFE's claims of equitable distribution,
HUSBAND shall
tran::fcr to WIFE 57:, of his TIAA-CREF account -"2... ; \.,Ill
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July":N.., 1995, plus accrued earning from July~, ~~
balance as of
1995 until the date of final transfer.
HUSBAND and WIFE agree to the entry of a Qualified
Domestic Relations Order implementing the terms of this
paragraph. The costs for the preparation of the Qualified
Domestic Relations Order shall be paid equally by HUSBAND and
WIFE. Prior to the finalization of the QDRO, WIFE shall select
the beneficiaries for her portion of HUSBAND's retirement
benefits as identified herein.
After the transfer to WIFE as set forth above, the
remaining account balance in HUSBAND's TIAA-CREF account, shall
become HUSBAND's sele and separate property,
16, MOTOR VEHICLES: With respect to the motor vehicle
owned by HUSBAND, the parties agree as follows:
(a) The 1991 Acura Integra shall be and remain the sole
and exclusive property of HUSBAND.
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The title to the said motor vehicle shall be executed by
the parties, if appropriate for affecting transfer as herein
provided, on the date of execution of this Agreement, and said
executed title shall be delivered to HUSBAND on the distribution
da te. HUSBAND agrees to be so led y responsi ble for the amount
presently due and owing against this automobile.
17. AFTER-ACOUIRED PROPERTY: Each of the parties shall
hereafter own and enjoy, independently of any claim or right of
the other, all items of property, be they real, personal or
mixed, tangible or intangible, which are hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes,
as though he or she were unmarried.
18. SUPPORT AND MAINTENANCE:
~ Periodic PaYments: Commencing on the first day
of the first month following the entry of a Decree in Divorce,
and continuing for a period of seventy-two (72) consecutive
months, HUSBAND agrees to pay to WIFE the following sums as
unallocated family support for maintenance of WIFE and the
parties' minor child in the amounts hereinafter set forth:
A, Commencing on the first day of the first month
following the entry of a Decree in Divorce, HUSBAND shall pay the
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sum of $1,450,00 per month for a period of twc1ve consecutive
months;
B. On the first day of the thirteenth month
following the entry of a Decree in Divorcc, HUSBAND shall pay the
sum of $1,400.00 per month for a period of twclve consecutive
months;
C. On the first day of the twenty-fifth month
following the entry of a Decree in Divorce, HUSBAND shall pay the
sum of $1,300,00 per month for a period of twelve consecutive
months;
D. On the first day of the thirty-seventh month
following the entry of a Decree in Divorce, HUSBAND shall pay the
sum of $1,200.00 per month for a period of twelve consecutive
months;
E. On the first day of the forty-ninth month
following the entry of a Decree in Divorce, HUSBAND shall pay the
sum of $996.00 per month for a period of twelve consecutive
months;
F. On the first day of the sixty-first month
following the entry of a Decree in Divorce, HUSBAND shall pay the
sum of $941.00 per month for a period of twelve consecutive
months.
~ Termination Events: Nothwithstanding the foregoing,
HUSBAND's obligation to make payments pursuant to this paragraph
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lOa, shall terminate absolutely upon the first to occur of 1)
WIFE's death; 2) HUSBAND's death, It shall specifically not
terminate upon WIFE's remarriage or cohabitation, The parties'
acknowledge that the above family support obligations are an
integral part of the entire Property Settlement Agreement and
that neither party may seek a modification either upward or
downward of the obligations and sums set forth in paragraph 10.
If any child support action is brought against HUSBAND for the
minor child of the parties at a time when HUSBAND has a family
support obligation under this Agreement, then HUSBAND's family
support obligation shall immediately be suspended. If HUSBAND is
required to pay child support prior to the termination of his
family support obligation under the terms of this Agreement, then
HUSBAND shall be entitled to reduce his monthly family support
payments by the amount of child support ordered, dollar for
dollar and, in addition, he shall be entitled to further reduce
the family support payments by an amount equal to the loss of the
tax benefit he othwerwise would have received in paying the
entire amount as deductible, unallocated family support.
~ Tax Conseauences: The parties agree that all
payments from HUSBAND to WIFE pursuant to paragraph lOa are
intended to be deductible by HUSBAND and includable in WIFE's
income for tax purposes, Each party agrees that he and she will
file tax returns consistent with the terms of this Agreement and
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21. INCOME TAX PRIOR RETURNS: The parties have
heretofore filed joint Federal and state tax returns. Both
parties agree that in the event any deficiency in Federal, state
or local income tax is proposed, or any assessment of any such
tax is made against either of them, each will indemnify and hold
harmless the other from and against any loss or liability for any
such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest,
penalty or expense shall be paiu bulely dllU encirely by the
individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent
of his or her separate income on the aforesaid joint returns.
22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The
parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act
pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth
in this Agreement without recognition of gain on such transfer
and subject to the carry-over basis provisions of the said Act.
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23. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and
acknowledge that the foregoing provisions for their individual
benefit are satisfactory with regard to their support and
maintenance, past, present and future. The parties release and
discharge the other absolutely and forever for the rest of their
lives from all claims and demands, past, present or future, for
alimony or for any provision for support or maintenance, except
as specifically provided for herein. The parties further
acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or
demands they may now have or hereafter have against the other for
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alimony, alimony pendente lite, spousal support and counsel fees,
except as specifically provided for herein.
24. EFFECT OF DIVORCE DECREE: The parties agree that
except as otherwise specifically provided herein, this Agreement
shall continue in full force a~d effect after such time as a
final Decree in Divorce may be entered with respect to the
parties.
25. BREACH: 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 such
other remedies or relief as may be available to him or her, and
the parly breaching this contract shall be responsible for
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payment of reasonable legal fees and costs incurred by the other
in enforcing their rights under this Agreement.
26. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the
present and 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, dower, curtesy,
statutory allowance, widow's allowance, widower's allowance,
right to take in intestacy, right to take against the Will ot the
other, and the right to act as administrator or executor of the
other's estate. Each party 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 interests, rights and
claims.
27. ENTIRE AGREEMENT: This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein.
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28. FINANCIAL DISCLOSURE: The parties confirm that they
have relied on the completeness and substantial accuracy of the
financial disclosure of the other as an inducement to the
execution of this Agreement. The rights of either party to
pursue a claim for equitable distribution, pursuant to the
Pennsylvania Divorce Code, of any interest owned by the other
party in an asset of any nature at any time prior to the date of
execution of this Agreement that was not disclosed to the other
party or his or her counsel prior to the date of the within
Agreement is expressly reserved. In the event that either party,
at any time hereafter, discovers such an undisclosed asset, the
party shall have the right to petition the Court of Common Pleas
of Cumberland County to make equitable distribution of said
asset.
The non-disclosing party shall be responsible for payment
of counsel fees, costs or expenses incurred by the other party in
seeking equitable distribution of said asset.
Notwithstanding the foregoing the Agreement shall in all
other respects remain in full force and effect.
29. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
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30. ADDITIONAL INSTRUMENTS: Each of the parties shall
from time to time, at the request of the other, execute,
acknowledge and deliver to the other any and all further
instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
31. VOID CLAUSES: If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation.
32. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the p~rtics hereto that each
paragraph hereof shall be deemed to be a separate and independent
Agreement.
33. MODIFICATION AND WAIVER: A modification or waiver of
any of the provisions of this Agreement shall be effective only
if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not
be construed as a waiver of any subsequent defaults of the same
or similar nature.
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34. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no affect
whatsoever in determining the rights or obligations of the
parties.
35. APPLICABLE LAW: This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980 and any amendments
thereto.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the date and year first above written,
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WI NESS
YU:\VI K. \\ll\c\'X)L
RUTH A. MILCHAK
(SEAL)
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WILLIAM P. MILCHAK
(SEAL)
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PROPERTY TO HUSBAND
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1. Upright Cedar Chest
2. Small Rocking Chair
3. Child's Rollback Desk
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RUTH A. MILCHAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,I'ENNSYLVANIA
v.
NO 97-194 CIVIL
WILLIAM P. MILCHAK,
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
1. Ground for divorce: Irretrievable breakdown under 9 3301(c) of the Divorce
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divorce decree:
Code.
2. Date and manner of service of the Complaint: Service was acccpted by counscl
5. Datc Plaintiff's Waivcr ofNoticc in 9 3301(c) Divorcc was filed with thc
for the Defendant, Charlcs Rector, Esquirc on the 25th day of March, 1997.
3. Datc of execution of the Affidavit ofConscnt rcquircd by 9 3301(c) ofthc
Divorcc Code: by Ruth A. Milchak, Plaintiff, on May 21, 1998; by William P. Milchak,
Dcfendant, on May 21, 1998.
4. Related claims pcnding: Scttled by Agrccmcnt dated May 21, \998.
Prothonotary: Filed simultancously hcrewith
I WI'lijlllWS'WI'Wll\c>l.lI'I.I:AIlI"'I; MIU'ltAK IIl.A
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Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was tiled with the
Prothonotary: Filed simultaneously herewith.
Respectfully submitted,
!1/aua
MARIA P COGN .. I, ESQUIRE
Sup. Ct. I. D. #27914
200 North Third Street
Twelfth Floor
P. O. Box 689
Harrisburg, P A 17108-0689
(717) 232-2103
DATED: May 29,1998
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Page 2
1 I. The Plaintiff avers that she has bccn advised of the availability of counseling and that
she may have the right to rcquest that the Court rcquire the parties to participate in counseling.
Whererore, the Plaintiff requcsts this Ilonorable Court to enter a Decrce of Divorce in
this mattcr pursuant to BOl(c) or BOI(d) of the Divorcc Codc.
COUNT II - INDIGNITIES
12. The avcrments of Paragraphs I through II are incorpor,ltcd hcrcin by refcrcnce.
13. The Defendant has offercd such indignitics to Plaintiff, the innocent and injurcd
spouse, as to render her condition intolcrable and life burdensome.
Whererore, the Plaintifi' requests this Honorable Court to enter a Decrcc of Divorce in
this matter pursuant to BOI(a)(6) of the Divorce Code.
COUNT III - EOUITABLE DISTRIBUTION
14. The averments of Paragraphs I through 13 arc incorporated hercin by reference.
15. Plaintiff and Defcndant havc acquired property, both real and personal during their
marriage from May 30, 1981 until August, 1994, thc date of thcir scparation.
16. Plaintiff and Defendant havc becn unable to agrcc as to an equitable division of said
property.
Whercrore, Plaintiff requcsts your honorablc Court to cquitably dividc all marital
propcrty.
COUNT IV - ALIMONY
17. The averments of Paragraphs I through 16 arc incorporated hcrein by reference.
18. Plaintiff lacks sufficient propcrty to providc for hcr rcasonablc mcans and is unable to
support herself through appropriatc cmployment.
Page 3
19. Plaintifi'requires reasonable support to adequately maintain herself in
accordance with the standard of living established during the marriage
WHEREFORE, Plaintiff requests your honorable Court to enter an award of
alimony in her favor.
CQUNT V _ AL!MONYJ~!~N!2ENJEJ,rrE~[m)NSEL FEES, COSTS ANQ
JiX!'}:;t'iSJ;,S
20.
reference.
The averments of paragraphs 1 through 19 are incorporated here by
21. Plain\ifi' has employed counsel, but is unable to pay the necessary and
reasonable attorney's fees for said counsel.
22. Plaintiff is unable to sustain herself during the course of this litigation.
WHEREFORE, Plaintiff requests your Honorable Court to enter an award of
Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and
thereupon award such additional counsel fees, costs and expenses as deemed appropriate.
Respectfully submitted,
Date:~
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Keigt~"1;e~~, Esq.
Attomey for
DeArmond & DeArmond
2800 Market Street
Camp Hill, PA 17011
717-730-9394
Supreme Ct. LD. No. 58878
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Vt:Rmc ATION
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I, the undersigned, do hereby verily that the statements made in the foregoing
instrument are true and correct to the best of my knowledge, information and belief I
understand that statements herein are made subject to thc pcnalties of 18 Pa. c.S ~4904
relating to unsworn falsification to authoritics
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Ruth A Milchak
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RUTH A, MILCHAK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 97-194 CIVIL TERM
CIVIL ACTION - LAW
WILLIAM p, MILCHAK,
Defendant
IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance for Ruth A. Milchak, Plaintiff, in the above-captioned
matter.
Dated: November 18, 1997
/Ua{U(/~~
Maria P. Cog~etti, Est! . e
Sup, Cl. 1.0. 1127914
200 North Third Street
Twelfth Floor
P,O. Box 689
Harrisburg, P A 17108-0689
(717) 232-2103
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Plaintitl'
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 97-194 CIVIL TERM
WILLIAM p, MILCHAK,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
DATE: :?)'! J.
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6:harles Rector, Esquire
1104 Fernwood Avcnue
Suite 203
Camp Hill, PA 17011
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, CHARLES RECTOR, ESQUIRE, do hereby aceept service of a true and correet eopy
oflhe Complaint in Divorce directed to my client, William p, Milchak, Defcndant in the
above-captioned matter, pursuant to Pennsylvania Rule of Civil Proccdure No. 402(b),
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RUTII A. MILCIIAK
Plaintiff
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
v,
NO. 97-194
WILLIAM P. MILCHAK
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO \{EOUEST ENTRY
OF D1VOI{CE DECREE (JNI>ER
~ 330Hc) OF TilE DIVORCE CODE
I, I consent to thc cntrj of a final Dccrcc of Divorce without noticc.
2. I understand that I may lose rights conccrning alimony, division of property,
lawyer's fees or expenses if I do not claim them bcfore a divorcc is grantcd.
3. I understand that I will not be divorccd until a Divorcc Decrce is cntercd by thc
Court and that a copy of the Decree will bc sent to mc immcdiatcly after it is filed with thc
Prothonotary.
I verify that thc statcmcnts made in this affidavit are truc and corrcct. I understand that
false statcmcnts hcrcin are made subjcct to the pcnaltics of 18 Pa,C.S. ~ 4904 relating
to unsworn falsification to authoritics.
DATE: 5' ',;)/- ~;t'
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are divorced from the bonds of matrimony,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 194 civil
RUTH A. MILCHAK,
Plaintiff
WILLIAM P. MILCHAK,
Defendant
IN DIVORCE
AND NOW, this
do, of ~
the proceedings having
been
1998, the economic claims raised in
resolved in accordance with a property settlement agreement
dated May 21, 1998, the appointment of the Master is vacated and
counsel can file a praecipe transmitting the record to the Court
requesting a final decree in divorce,
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BY THE COURT,
P.J.
cc:
Maria P. cognetti
Attorney for Plaintiff
Charles Rector
Attorney for Defendant
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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
Tr.cl .10 Colyer
Office Manager/Reporter
Welt Shore
697-0371 Ex!. 6535
June 9, 1997
Charles Rector, Esquire
1104 Fernwood Avenue
suite 203
camp Hill, PA 17011
Keith B. DeArmond, Esquire
DeARMOND & DeARMOND
2800 Market street
Camp Hill, PA 17011
Maria P. Cognetti
Attorney at Law
P.O. Box 689
Harrisburg, PA 17108-0689
RE: Ruth A. Mi1chak vs. william P. Mi1chak
No. 97 - 194 civil
In Divorce
Dear Mr. DeArmond, Ms. cognetti, and Mr. Rector:
By order of Court of President Judge Harold E. Sheely
dated June 4, 1997, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed by Mr. DeArmond on January
13, 1997, raising grounds for divorce of irretrievable breakdown
of the marriage and indignities and the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses. Mr. DeArmond is still the attorney
of record for the Plaintiff, although Ms. cognetti filed a
praecipe requesting that the complaint be reinstated. I direct
that counsel for Plaintiff file the appropriate praecipes
withdrawing and entering appearances as appropriate 60 the
record can accurately reflect the attorney representing the
Plaintiff.
I am unable to determine from the file as to whether or
not grounds for divorce are an issue. If the parties will not
sign affidavits of consent, then please advise immediately and I
RUTH A. MILCHAK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95 - 4911 CIVIL
VB.
WILLIAM P. MILCHAK,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE:
Monday, October 13, 1997
Present for the Plaintiff, Ruth A. Milchak,
is Attorney Maria P. Cognetti, and present for the
Defendant, William P. Milchak, is Attorney Charles Rector.
A divorce complaint was filed on January 13,
1997, raising grounds for divorce, irretrievable breakdown
of the marriage, indignities, and the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses.
Counsel for Plaintiff has advised the Master
that there is a pending action in York County, which counsel
is going to terminate if it has not already been terminated,
by then counsel of record, Keith B. DeArmond. Mr. DeArmond
filed the complaint in Cumberland County on behalf of the
Plaintiff, and the Master has requested that a praecipe be
filed wherein he withdraws his appearance in the Cumberland
County action. Attorney Cognetti indicated she is also
going to take care of the status of Mr. DeArmond's
involvement in the case in Cumberland County.
Counsel have advised that the parties will
sign and file affidavits of consent so the divorce can be
concluded under Section 3301(c) of the Domestic Relations
Code. Those affidavits should be filed prior to the hearing
be scheduled in these proceedings.
with respect to the alimony claim, counsel
for husband has indicated that he may raise an issue of
marital misconduct as that factor affects wife's alimony
claim. Specifically, Mr. Rector indicated that there may be
some allegations of wife's possible physical violence
toward husband. In any event, Mr, Rector and Miss Cognetti
stated that they do not expect that testimony to last more
than an hour so that we will be able to do the conduct
testimony at the same time that we hear the economic issues
testimony.
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The parties were married on May 30, 1981,
and separated July 7, 1995. They are the natural parents of
a child, Brent Paul, born May 24, 1984.
Wife is 45 years of age and has a high
school education. She manages a property at the apartment
complex where she lives for Consolidated Properties and
reports a net monthly income of $697.02. She resides at
1459 Hillcrest court, Country Walk, Apartment 505, Camp
Hill, Pennsylvania, where she lives with the minor child.
Wife also receives child support and spousal support, the
support being allocated at $492.00 per month for child and
$761.00 for spouse. Wife has not raised any health issues.
The Master has inquired as to the status of her medical
insurance in the event of a divorce, and counsel have
indicated that they believe she would be entitled to a COBRA
benefit through husband's employment. The Master has
requested that the cost of that benefit be provided,
Husband is 46 years of age and resides at 13
Hunter Lane, Camp Hill, Pennsylvania, where he lives alone.
He has a Master's degree in clinical social work, and is an
instructor at the Hershey Medical Center in the psychiatric
section. His net income monthly as computed by the
Cumberland County Domestic Relations Office is $3,517.00,
which was the basis for the current support order. Husband
has not raised any health issues.
The major asset in this case is husband's
retirement with TlAA-CREF. Counsel have indicated that they
are willing to have the pension distributed in accordance
with a Qualified Domestic Relations Order, and agree on the
date of separation value of $52,671.36. The value of the
pension will be brought up to date considering a reasonable
interest factor from the date of separation to the date of
hearing. However, the present value amount of that pension
may not be particularly important if the parties do follow
through with the QDRO as indicated using a coverture
formula.
The parties had a checking and savings
account at PSECU. The savings account was in the amount of
$5.16 and the checking account was in the amount of $4.64.
There was also a PNC Bank account of $1,003.61 at the time
of separation, which husband claims he used to pay toward
marital debt.
The parties owned a 1991 Acura vehicle,
which wife claims had a value of $6,537.50. Husband
deducted a high mileage charge against the value that wife
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provided and claims that the vehicle had a value of
$4,787.57.
Each of the parties has certain items of
household tangible personal property. Husband provided a
list on his pre-trial statement stating that the value of
the property in wife's poss~ssion was $3,500.00. Wife
claims husband has certain items of property in his
possession. In order to establish values for property in
each of the parties' possessions, counsel are going to
probably need the services of an appraiser.
with respect to wife's alimony claim and her
current earnings, the Master has inquired of counsel as to
whether or not they want to have wife evaluated by a
vocational expert to determine whether or not she is earning
up to her abilities and whether or not an earning capacity
should be attributed to wife. The Master also inquired of
wife's counsel as to whether or not wife has any plan for
the future with regard to trying to increase her income or
to get some schooling in order to better her opportunity in
the employment market.
Both parties have listed c&rtain marital
debts which each of the parties assumed at separation. The
amount of debt which wife claims she assumed and paid for
was $2,300.00, and the amount of debt which husband assumed
and says he paid for was $5,310.00. Attorney Cognetti has
requested that counsel be provided with copies of the date
of separation balances on all of the accounts so the amounts
that each party has claimed he or she paid can be verified.
Likewise, counsel and the Master should be
provided verification that the PNC bank account in the
amount of $1,003.61 was used for the payment of marital
obligations.
The only non-marital assets which the
parties are claiming are a Saturn vehicle owned by wife and
Oldsmobile cutlass owned by husband, and some non-marital
tangible personal property which husband has listed on his
pre-trial statement.
The Master has suggested that after the
parties have prepared their case, since alimony seems to be
the major issue, that perhaps a conference with parties and
counsel to review the alimony situation would be helpful in
trying to resolve the case. The Master would be willing to
schedule a conference with parties and counsel at counsels'
RUTH A. MILCHAK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
~
,
vs.
No. 95 - 4911 CIVIL
WILLIAM P. MILCHAK,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE:
Monday, October 13, 1997
Present for the Plaintiff, Ruth A. Mi1chak,
is Attorney Maria P. Cognetti, and present for the
Defendant, William P. Milchak, is Attorney Charles Rector.
A divorce complaint was filed on January 13,
1997, raising grounds for divorce, irretrievable breakdown
of the marriage, indignities, and the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses.
Counsel for Plaintiff has advised the Master
that there is a pending action in York County, which counsel
is going to terminate if it has not already been terminated,
by then counsel of record, Keith B. DeArmond. Mr. DeArmond
filed the complaint in Cumberland County on behalf of the
Plaintiff, and the Master has requested that a praecipe be
filed wherein he withdraws his appearance in the Cumberland
County action. Attorney Cognetti indicated she is also
going to take care of the status of Mr, DeArmond's
involvement in the case in Cumberland County.
Counsel have advised that the parties will
sign and file affidavits of consent so the divorce can be
concluded under Section 3301(c) of the Domestic Relations
Code. Those affidavits should be filed prior to the hearing
be scheduled in these proceedings.
With respect to the alimony claim, counsel
for husband has indicated that he may raise an issue of
marital misconduct as that factor affects wife's alimony
claim. Specifically, Mr. Rector indicated that there may be
some allegations of wife's possible physical violence
toward husband. In any event, Mr. Rector and Miss Cognetti
stated that they do not expect that testimony to last more
than an hour so that we will be able to do the conduct
testimony at the same time that we hear the economic issues
testimony.
The parties were married on May 30, 19B1,
and separated July 7, 1995. They are the natural parents of
a child, Brent Paul, born May 24, 19B4.
Wife is 45 years of age and has a high
school education. She manages a property at the apartment
complex where she lives for Consolidated Properties and
reports a net monthly income of $697.02. She resides at
1459 Hillcrest Court, Country Walk, Apartment 505, Camp
Hill, Pennsylvania, where she lives with the minor child.
Wife also receives child support and spousal support, the
support being allocated at $492.00 per month for child and
$761.00 for spouse. Wife has not raised any health issues.
The Master has inquired as to the status of her medical
insurance in the event of a divorce, and counsel have
indicated that they believe she would be entitled to a COBRA
benefit through husband's employment. The Master has
requested that the cost of that benefit be provided.
Husband is 46 years of age and resides at 13
Hunter Lane, Camp Hill, Pennsylvania, where he lives alone.
He has a Master's degree in clinical social work, and is an
instructor at the Hershey Medical Center in the psychiatric
section. His net income monthly as computed by the
Cumberland County Domestic Relations Office is $3,517.00,
which was the basis for the current support order. Husband
has not raised any health issues,
The major asset in this case is husband's
retirement with TIAA-CREF. Counsel have indicated that they
are willing to have the pension distributed in accordance
with a Qualified Domestic Relations Order, and agree on the
date of separation value of $52,671.36. The value of the
pension will be brought up to date considering a reasonable
interest factor from the date of separation to the date of
hearing. However, the present value amount of that pension
may not be particularly important if the parties do follow
through with the QDRO as indicated using a coverture
formula.
The parties had a checking and savings
account at PSECU, The savings account was in the amount of
$5,16 and the checking account was in the amount of $4.64.
There was also a PNC Bank account of $1,003.61 at the time
of separation, which husband claims he used to pay toward
marital debt.
The parties owned a 1991 Acura vehicle,
which wife claims had a value of $6,537.50. Husband
deducted a high mileage charge against the value that wife
.
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provided and claims that the vehicle had a value of
$4,787.57.
,I,
Each of the parties has certain items of
household tangible personal property. Husband provided a
list on his pre-trial statement stating that the value of
the property in wife's possession was $3,500.00. Wife
claims husband has certain items of property in his
possession. In order to establish values for property in
each of the parties' possessions, counsel are going to
probably need the services of an appraiser.
with respect to wife's alimony claim and her
current earnings, the Master has inquired of counsel as to
whether or not they want to have wife evaluated by a
vocational expert to determine whether or not she is earning
up to her abilities and whether or not an earning capacity
should be attributed to wife. The Master also inquired of
wife's counsel as to whether or not wife has any plan for
the future with regard to trying to increase her income or
to get some schooling in order to better her opportunity in
the employment market.
Both parties have listed certain marital
debts which each of the parties assumed at separation. The
amount of debt which wife claims she assumed and paid for
was $2,300.00, and the amount of debt which husband assumed
and says he paid for was $5,310.00. Attorney cognetti has
requested that counsel be provided with copies of the date
of separation balances on all of the accounts so the amounts
that each party has claimed he or she paid can be verified.
Likewise, counsel and the Master should be
provided verification that the PNC bank account in the
amount of $1,003.61 was used for the payment of marital
obligations.
The only non-marital assets which the
parties are claiming are a Saturn vehicle owned by wife and
Oldsmobile Cutlass owned by husband, and some non-marital
tangible personal property which husband has listed on his
pre-trial statement.
The Master has suggested that after the
parties have prepared their case, since alimony seems to be
the major issue, that perhaps a conference with parties and
counsel to review the alimony situation would be helpful in
trying to resolve the case. The Master would be willing to
schedule a conference with parties and counsel at counsels'
RUTH A. MILCHAK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 49 11 C I V I L
WILLIAM P. MILCHAK,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO:
Ruth A. Milchak
Maria P. Cognetti
William P. Milchak
Charles Rector
. Defendant
, Counsel for Defendant
. Plaintiff
. Counsel for Plaintiff
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 North
Hanover Street, Carlisle. Pennsylvania on the 12th day
of February . 199B. 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.
By the Court.
~~~::::::
Harold E. Sheely,
,Judg'c
Date of Order and
Notice: 10/14/97
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.
COURT ADMINISTRATOR
FOURTH FLOOR, EAST WING
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
TELEPHONE (717) 240-6200
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RUTH A, MILCHAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 194-1997 CIVIL TERM
: CIVIL ACTION - LAW
V,
WILLIAM p, MILCHAK,
DEFENDANT'S PRE.TRIAL STATEMENT
I. ASSETS: See Delendant's Inventory and Appraisement.
II. EXPERT WITNESS: None presently. However, Defendant reserves the right to
call Harry Leister, FSA if the parties are unable to agree on the present value of
the marital portion of Husband's pension,
III, FACT WITNESSES:
a. Defendant will testify about all matters relating to the assets of the
parties, the breakup of the marriage, and the factors listed in the
Divorce Code,
b, Plaintiff.
Defendant reserves the righ\ to call such additional fact witnesses as may
be necessary to respond to evidence submitted by Plaintiff.
IV, EXHIBITS: The exhibits to be produced by Defendant will consist of copies of
s\atements showing values of the parties' various bank accounts and Husband's
retirement benefits. Defendant reserves the right to offer testimony through
additional exhibits as may be necessary to respond to evidence offered by
Plaintiff,
V, INCOME/EXPENSES: See Defendant's Income and Expense Statement.
VI. PENSIONS: See Defendant's Inventory and Appraisement.
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VII. COUNSEL FEES: Defendant has paid approximately $3,000,00 in counsel fees
and anticipates an additional $5,000,00 to $7,000,00 In fees and costs.
VIII. MARITAL DEBTS: See Defendant's Inventory and Appraisement.
IX, PERSONAL PROPERTY: See Defendant's Inventory and Appraisement.
X.
PROPOSED RESOLUTION: Defendant proposes that the marital assets be
divided on a 55/45 basis with Defendant receiving 45%, Defendant is further
agreeable to paying alimony in the amount of $350.00 per month for two years.
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Dentist
Orthodontist 91.00
Hospital
Medicine
Special Needs
(glasses, braces) 20.00
EDUCATION
Private School
Parochial School
College
Religious
School lunches
Books/misc.
PERSONAL
Clothing 75.00
Food 250.00
Barber/Hairdresser 15.00
Hobbles
Memberships 37.00
CREDIT PAYMENTS
Credit Card 120.00
Charge Accounts
LOANS OR DEBTS
Credit Union/Bank 200.00
Personal Loan (Explain Fully)
MISCELLANEOUS
Household Help
Child Care
Camp
Pet Expenses
Papers/Books/Magazine 25.00
Entertainment 200.00
Pay TV 38.50
Vacation 75,00
Gifts (Christmas & Birthday) 6200
Legal Fees 250.00
Charitable Contributions 80.00
Religious Memberships
Children's Allowance
Other child support
Miscellaneous 200.00
OTHER
TOTAL EXPENSES $2,768.83
PENN :rATE
(Ii
Em 10 II N.me
Socl.1 Slcurlt No.
W-4 In'orm.tlon
Budget
. .27.00
TAXABLE SA
Employ.. Deducllon./R
Ollcrlptlon Current
RETIREMENT -M 221.3'
HOSPITAL -V 16.00
OENTAL -V 10.2'
VISION -V 1.93
LIFE INSURANCE -V 2..75
VAOO -V 8.80
LTO -V 9.30
PARKING -V 12.00
HY-FITCTR -V 15.00
SUPPORT -V 900.00
SUPPORT -V .5..56
170-.2-'822 SINGLE-2
Fed. Add On Ret. Pion
TIU
R.te/Hours
Amount
Ollerl tlon
SOC. SECURITY
MEOICARE
FEOERAL
PA STATE
LOCAL
Ollcrl tlon
OPTION 1
FLEX REDUCTIONS
Current YTD
.8..3
. ..
TAXES
Currlnt
271. .7
63..9
723.9.
123.96
...27
YTD
1,700.2.
397.6.
4.650.80
77..56
276.62
O'lerl tlon
SOC. SEC.
MEDICARE
FEDERAL
PA STATE
LOCAL
M....g.:
DEDUCTION OESCRIPTIONS: M-,MANOATORY V-'VOLUNTARY
lOClI .
DERRY
Currlnt
.,378.57
.,378.57
.,157.22
...27.00
.,.27.00
VAMC HIGHLAND ORIVE EM
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RUTH A. MllCHAK,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 194-1997 CIVil TERM
: CIVil ACTION - LAW
: IN DIVORCE
;
V.
WilLIAM P. MllCHAK.
Defendant
INVENTORY AND APPRAISEMENT
Of
WilLIAM P. MllCHAK
Defendant files the following Inventory and Appraisement of all property owned
or possessed by either party at the date of separation and all property transferred within
the preceding three years.
Defendants verifies that the statements made in this Inventory and Appraisement
are true and correct. Defendant understands that false statements herein are made
subject to the penalties of 18 Pa C.S. 4904 relating to unsworn falsification to authorities.
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ASSETS OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and
Itemizes the assets on the following pages. If an item has been appraised, a copy of the
appraisal report is attached.
( ) 1. Real property
(X) 2. Motor vehicles.
( ) 3. Stocks, bonds, securities and options.
( ) 4. Certificates of Deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life insurance policies (Indicate face value, cash surrender value
and current beneficiaries.
( ) 10. Annuities
( ) 11. Inheritances
( ) 12. Patents, copyrights, Inventions, royallies
( ) 13. Personal property outside the home
( ) 14. Business (list all owners, including percentage of ownership and
officer/director positions held by a party with company)
( 15. Employment termination benefits - severance pay, workers'
compensation claim/award
( 16. Profit sharing plans
( ) 17. Pension plans (indicate employee contribution and date plan vests)
(X) 18, Relirement plans, Individual Relirement Accounts
( ) 19. Disability Payments
( ) 20. Liligallon claims (matured and unmatured)
( ) 21. MllitaryNA Benefits
( ) 22. Educallon benefits
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5, Checking Accounts
Item Description
Ownership
Possessor
Date Acquired
Date of Separation Value
PNC Bank Accl. No. 50-8060-7226
Husband
Husband
June 1995
$1,003.61
(All monies used to pay joint obligations of
the parties)
Account Closed
~ Checklnll Account
Item Description
Ownership
Possessor
Date Acquired
Present Value
Highland Drive Federal Credit Union
Husband
Husband
Post-Separation
$1.600.00
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5 Checking Accounts
.
Item Description
Ownership
Possessor
Date Acquired
Date of Separation Value
Present Value
PSECU Checking Acct. No. 0170425822
Husband and Wife
Wife
During Marriage
$4.64
$4.64
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6. Savings Account
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Item Description
Ownership
Possessor
Dale Acquired
Dale of Separation Value
Present Value
PSECU Savings Ace!. No. 0170425822
Husband and Wife
Wife
During Marriage
$5.16
$5.16
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16. Retirement Plan
'.'
Item Description
Ownership
Possessor
Date Acquired
Date of Separation Value
Present Value
TIAA-CREF
Husband
Husband
1989
$52,671.36
$73,028.39
(The marital component of the present value
will be calculated using the aUached
statements.)
~..
Teacben "nurante and Annuity AssoclaUon
Coli<&< ReUremenl EqulU.. Fund
730 Thilll Avenue
New York, NY 10017
Ronald F. Mack'
IndMdual COIWIIant
1-800-84:1-2733. ut 1471
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February 8,1996
Mr. William P. Milchak
P,O. Box 181
Hummelstown, PA 17036
Re: TIAA Contract No. B8080919
CREF Certificate No. Q8080916
Dear Mr. Milchak:
Your request regarding the treatment of TIAA-CREF annuities in
matrimonial dissolution proceedings has been directed to my attention.
TIAA-CREF offers an annui ty spl itt i I1g procedure to accommodate
divorcing parties. Through this procedure, the portion of the annuities awarded
to your spouse by the court would be applied to separate TIAA-CREF annuities. The
annuities issued to your spouse would have the same provisions as your annuities,
except that they would be based on the life of your spouse.
In addition to reviewing below the general provisions of the your
TIAA-CREF annuities, I have enclosed a guide which discusses this procedure in
detail. This information should be reviewed with your attorney.
TIAA-CREF Retirement Annuities (RAs) guarantee to provide a lifetime
income to you beginning at retirement or to pay a death benefit to your
designated beneficiary if you were to die before beginning retirement income.
Because they are designed for these purposes, Retirement Annuities contain no
provisions for loans or assignments.
Subject to the ret i rement plan provi s ions of the contri but i ng
employer(s}, TIAA accumulations of past or present employees may be transferred
to alternate employer-approved carriers, in ten annual installments, using the
Transfer Payout Annuity (TPA). Following termination of employment, the TPA can
be used to receive TIAA accumulations in cash in ten annual installments. All
TlAA participants may elect to transfer TIAA accumulations to CREF, in ten annual
installments, regardl ess of thei r employer's cashabil ity and transferabil i ty
decisions. .
CREF accumulations may be transferred to alternate employer-approved
carriers. Following termination of employment, these funds may be paid in cash
or as a fixed period annuity which may range from 5 to 30 years.
Ii
Teachen Insurance and AlIl1ully AMoclatlon
College lletlremel1l Equities Fund
730 Third Avenue
New York, NY 10017
1",111",111"..,11"11,,11'"'11111,,1,,,.111"1,,"11,1,,11
WILLIAM PAUL MILCHAK
PO BOX 181
HUMMELSTOWN PA 17D3b-D181
If you have questions, calf 1 800 842-2776,
or write to us.
'lUsnttOdOf tltJt
-,InOOn'JI~?\:{n)t:maw~::th?}Mi%W\Yid:\5\K4~W%#H/;lm*Jfffu~;~W~1stint'. .~- . N - ','
Annuity
Benefits
Report
For yesr ending December 31, 1996
Retirement Annuity
VOl 000
I,'. <').::l"otal.cetmUlatlon;:i8;&t,i'!
TIAA Traditional
Real Estate
Total T1AA
CREF Global Eaultles
CREF Total
TOlBI TIAA+CREF
....0"213 rlfJ6
$48,922.60
0.00
$48,922.60
9, 177. 85
$9, 117. 86
$68,100.46
.... of r213rIM
$57, 162. 15
0.00
$57,162.16
15.866.24
$16,866.24
$73,028.39
"no oddlllonai premlu".. ore pold:
TIAA Traditional Income
Standard Method
Graded Melhod
TIM Real Eslale Income
Total CREF Income
Total 01 TIM Traditional-Standard,
TIM Rea' EIlate and CREF Income
Tota' 01 TIM Tradlllonal-GradDd,
TIM Real EIlale and CREF Income
If currenl prem/unwl conl/nne:
s.. //Iustrel/on ISsumpl/on' b.,ow
$10,405
8,020
o
2, 247
$12,662
$18, 198
14,116
o
8,403
$26,601
$10,267
$22,619
nf%t{~'tt,f1~1HlfMfWf>1!1MtP;W0tlr:~tttmrtmf:rt~1}:0'?V1ttff#J_7.M?~JWt~}.. ::,":
TIAA Trodilionol
ThU /11ustrotion /.s hypolhelicai and /.s nOI gutIIlUIleed.
II/.s based on your 1996 year-end lU:cumulalion, on an
arsumed 6%. rate of retum, and on /he foUowlng
arsumptlofIJ:
Your annuity starting age: 60 Years
Annuity starting date: November 1, 2010
Income option:
One-life annuity with
IQ-year guaranteed period
Dividends (or TIAA 1997 dividend scale
Traditional paYOUI annuities:
'1' IUI115 per year:
T. \ Tradlllonal: $4,549
TIAA Real Estate: $0
CREF: $4,549
.560 r6V6rS6 sld6 for mor8 Information, Actual
rat6s of r6rurn may be more or less,
Guarantees principal and a basic interest rate as well as
additional interest, or dividends. You choose how to receive
your dividends. Under the Standard Met/wd, payments
lIIc1ude the entire dividend as declared for the currenl year.
Under the Groded Me/hod, payments include only a portion
o( Ihe dividend. The rest is used to provide increased future
income.
TIAA Real Esfale and CREF
Assumes the accounl will earn 4% a year from the time you
begin to receive payments. If the accounl earns more than
4%, vour next year's income will be higher than the previous
year's; if the account earns less than 4%, your nexl year's
IIIcome will be lower than the previous year's.
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Premium Assumplion:
We assumed tbat your fulure annusl premiums will be the same amoullt as the total premiums paid in 1996, and arc allocated
among TIAA and CREF Ihe same way as your lasl premium for 1996. Due to IRS Iimi15. Ihe most we will assume for future
annual premiums is your plan's contribution rate applied to $150.000 maximum annusl salary, or $30,000, whichever Is lower,
for Retirement Annuities and $9,500 for Supplemental Retirement Annuities.
In celculatlng your flrsl year's annuity Income on Ihe froul, we assumed a 6%. annual rate of return. The table below shows
hypothetlcel first-year Income assuming olher rates of relurn. All olher assumptions remaln the same. These WwlraUons are
not luaranleed,
TlAA annuities guarantee a 3% interest rate (on mosl contracts) so no TIAA estimates arc shown in the 0% column. However,
Ihere Is no guaranteed baseline Income for TlAA Real Estate and CREF.
If current premiums continue, your estimated Income In the first year will be:
Annual ral. of ralum during lh. accumulation ",,'od
0% 3% 9%
12%
TIM Traditional Income
Standard Method
Graded Method
TIM Real Estate Income
Total CREF Income
TotBI 01 TIAA TrBdltlonal-SlBndBrd,
TIAA Real Estate and CREF Income
or TotBI 01 TIAA TradltlonBI-GrBded,
TIAA ReBI Estate Bnd CREF Income 516,746 $30,440
If no additional premiums are paid, your estimated Ini:'ome In the first year will be:'
TotBI 01 TIAA TradltlonBI-SlBndard,
TIAA ReBI Estate and CREF Income sa, 664 518, 638
or Total 01 TIAA TrBdltlonal-GrBded,
TIAA ReBI Estate and CREF Income
nla $13, 303 $24,986
nla 10,291 19,424
$0 $0 $0
$5,008 $6,454 $11,016
519,767 $36,002
$34,394
26, 778
$0
$14,520
548,914
541,298
$26,913
sa,899
516, 102
$21, 984
'1.:'\<J., 'tt*,'i"'~<.""'~'.'<'.;<f.:';m,'~~''':;;::4,' -.~ %..r?Wi,' ;?\;::-';~~;,';:::';,;:;:'~"~tm.:~,' - ",~. *
:~*b~A%W&B%r{Q"i{ WWk \%1iSA:@1tt@bi1!( .~~
· Actual rates of return may be more or less. See enclosed Insert on "New TlAA Traditional Interest Rates & CREF Performancc."
-
-
iiii
-
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-
-
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..
-
..
-
-
;;;
;;;
;;;
-
Ii
Teachers Insurancr and Annuity Association
Col1tat Rtllremtnt [qulllts Fund .
730 Third Avenue
New York. New York 10017-3206
I...III.!.III.....II..II..II......III"I..,.III..I....II.I..11
WILLIAM PAUL MILCHAK
PO BOX 1&1
HUMMELSTOWN PA 17036-01&1
TIM oontroc' numbot 8806091.9
ClEF oonllloe'o numbot 0806091.6
For qUlltlan., cI1l1..~4Z-277e, or wrlle to us. Pl.... mtnllon
your conlract numb'f'.
For your Information
Transactions posted after the close of this quarter will
appear on next quarterly confirmation.
Where applicable, your pay stub should be consulted to
determine the period between when the salary reduction
occurred and when the amount was credited to the
chosen CREF account or TIM annuity.
Transactions
Totsl premIums receIved
$ 1.891.83
Partldpodon Drser/pIIon
Dat.
09/30/96 Premium (A)
10/31/96 Premium (A)
I \129/96 Premium (A)
Changes In accumulation
TIAA As 0/ StpttmberJO, /996
Tradlllonal 09/30/96 Premium (A)
10/31/96 Premium (A)
1\129/96 Premium (A)
INTEREST
Total as a/December 31. 1996
CREF
Global
Equllles
As of September 30, 1996
09/30/96 Premium (A)
10/31/96 Premium (A)
11/29/96 Premium (A)
Total as of December 3/, /996
Quarterly
Confirmation
of Transactions
October 1 . December 31, 1996
Retirement Annuity
Total accumulation
TIM Traditional
CREF Global Equities
TOTAL
As of
Seotember 30. 1996
55.230,63
14.159.98
S 69,390.61
As of
Dtctmb<r 31. 1996
57 ,162.15
15.866.24
S 73,028.39
The right to correct any clerical error in this report is
reserved.
PremIums submItted by:
A - THE PENNSYLVANIA STATE UNIVERSITY
AmaUIII Fund PltttrU (')
AllnaJl,d
$ 632.61 Traditional 50
Global Equid.. 50
$ 632,61 Traditional 50
Global Equities 50
$ 632.61 Traditional 50
Global Equities 50
Amount
$ 316.30
$ 316.30
$ 316.30
$ 982.62
"mount
.Inll v.hl"
$ 48,2/83
48.2183
47.9854
50.5850
$ 50.6797
'I' No of IInll.
293.664
6.560
6.592
6.253
3/3.069
$ 316.31
$ 316.31
$ 316.31
Page 1
T1U.cREF Individual. Inltltutlonal Servlc"
AmDUIII (I)
Allnralld
316.30
31631
316.30
31631
316.30
316.31
Ac:cumulatloD
$ 55,230.63
$ 57.162.15
A,.,.umnl.llnn
$ 14,159.98
$ 15,866.24
07332SOSEOS
-
-
iii
-
==
-
-
iii
IiiiiI
.
-
-
-
;;;;
;;;;
;;;;
II
II
Teachen Insurance and Annuity Association
Colltit Rtllrtmtnl Equilin fund
730 Third A><nut
Ntw York. New York 10017.3206
Quarterly
Confirmation
of Transactions
I
l
1",111",111"",11"11"11"",,111,,1,,,,111,,1,,,,11,1"II
WILLIAM PAUL MILCHAK
PO BOX 181
HUMMELSTOWN PA 17036-0181
"
July 1 - September 30, 1996
Retirement Annuity
TIM .ontree' numb<< 6S06091.9
CAEF .ortlll.... numb<< OS06091-6
Total accumulation
For qUIIUon., Cl1I1-a()()..l4Z.2778, Of wril. 10 us. Pl.... mention
your Contrlcl number..
TIM Traditional
CREF Global Equities
TOTAL
AJOr . AJor
June 30. 1996 SePtember 30. 1996
53.018.74 55.230.63
12.480.35 14.159.98
$ 65,499.09 $ 69,390.61
For your Information
Transactions posted after the close of this quarter will
appear on nexl quarterly confirmation.
Where applicable, your pay stub should be consuhed to
determine the period between when the salary reduction
occurred and when the amoant was credited 10 the
chosen CREF account or TIM annuity,
Transactions
The righl to correct any clerical error in this report is
reserved.
TotBI premIums receIved
$ 2,624.16
PremIums submitted by:
A - THE PENNSYL VANIA STATE UNIVERSITY
P.rtklpGllon OIJcrlpliDn
Dal.
06/28/96 Premium (A)
07/31/96 Premium (A)
08/30/96 Premium (A)
NnoWU FwuI P"':tnJ (..)
A.llorol.d
$ 1,258.94 Traditional 50
Global Equities 50
$ 632,61 Traditiooal 50
Global Equities SO
$ 632.61 Traditional 50
Global Equities 50
NnoWU (I)
Ai1N"IIl#tI
629.47
629.47
316.30
316.31
316.30
316.31
ChangQJI In accumulation
Amount
AccumulaUon
$ 53,018.74
TIM As of June 30, 1996
Traditional 06/28/96 Premium (A)
07/31/96 Premium (A)
08/30/96 Premium (A)
INTEREST
TOlal as of Seprember 30, 1996
$ 629.47
$ 316.30
$ 316.30
$ 949.82
$ 55,230.63
CREF
Global
EquIties
Amnlln'
A"..lImnl.tlnn
$ 12,480.35
tlnll v.ln..
$ 46.8638
46.8642
44.8328
46.0686
$ 48.2183
y Nn. nr IInll,
266.3/1
13.432
7.055
6.866
293.664
As of June 30, 1996
06/28/96 Premium (A)
07/31196 Premium (A)
08/30/96 Premium (A)
Toral as of Seprember 30, 1996
$ 629.47
$ 316.31
$ 316.31
$ 14,159,98
PBge 1
TIAA-CREF Individual a InlUMlonaJ SetvICH
132.8505[05
-
Iiiiii
Iiiiiiil
-
=
-
-
iiiil
Iiiiiil
-
IiiiiiI
-
-
;;;;
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;;;;
Iii
Ii
Trachrn Insurance and Annuity A.uoclallon
ColIOiO RoU..monl Equlll.. Fund
730 Third Avonuo
Now York. Now York 10017.3206
1."1111"111,",.11"11,,11,",,,111,,1,,.,111"1,,,,11,1,,11
WILLIAM PAUL MILCHAK
PO BOX 181
HUMMELSTOWN PA 17036-0181
TIM contr.., numbot 880809 1.9
CA!' Cl."IfI~.I. number 0008091.6
For QUillian., CIII...eoo-aU-2778, or write 10 us. Pl.... m.nllon
your cantrlcl numb.r..
For your Information
Transactions posted after the close of this quarter will
appear on next quarterly confirmation.
Where applicable. your pay slub should be consulted to
determine the period between when the salary reduction
occurred and when the amount was credited to the
chosen CREF account or TIM annuity,
Transactions
TotBI premIums receIved
$ t.994.29
I\v1Idpalioll Dmrlp/IDII
Dal.
03/29/96 Premium (A)
04130/96 Premium (A)
05/31/96 Premium (A)
Changes In accumulation
TIAA AsofMarch31,I996
TradlUonal 03/29/96 Premium (A)
04/30/96 Premium (A)
05/31/96 Premium (A)
INTEREST
Toral as of June 30, 1996
CREF
Glnbal
Equities
As of March 31, 1996
03/29/96 Premium (A)
04/30/96 Premium (A)
05/31/96 Premium (A)
TOlal as of June 30. 1996
Quarterly
Confirmation
of Transactions
April 1 . June 30, 1996
Retirement Annuity
Total accumulation
TIM Traditional
CREF Global Equities
TOTAL
As of
March 31.1996
51.119.53
10.958,53
$ 61,078.06
A. of
June 30. 1996
53,018,74
12,480.35
$ 65,499.09
The right to correct any clerical error in this report is
reserved.
PremIums submitted by:
A . THE PENNSYL VANIA STATE UNIVERSITY
Amowu Fund P""mJ (~)
AllMaJ.d
$ 632.61 Traditional 50
Glnbal Equiti.. 50
$ 729.07 Traditional 50
Global Equiti.. 50
$ 632.61 Traditional 50
Global Equities 50
Amount
$ 316.30
$ 364,53
$ 316.30
$ 902.08
Amnllnl
11nll nlll"
$ 44.8174
44.8180
45.9813
46.4460
$ 46.8638
y No. or unit,
244.515
7.058
7.928
6.810
266,3/1
$ 316.31
$ 364.54
$ 316,31
PBge 1
TIAA-CREF Individual & Inltltutlonal Servlc..
Amowu (I)
A IloCiJUd
316.30
31631
364.53
364 54
316.30
316.31
ActUmulatlon
$ 51.1 19.53
$ 53,018.74
"""Imlll.tlnn
$ 10,958.53
$ 12,480.35
02973SOSEOS
Ii
-
-
iiii
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-
-
iiii
iiiiiI
-
-
-
-
-
-
iiil
Trache" Insurance and Annuity Anoclation
'(ollrllr Rrllrrmrnl [qulllr. Fund
730 Third Avrnur
Nrw York, Nrw York 10017.320b
1...111",111,"..11..11"11...,..111"1..11111"1.."11.1,,11
WILLIAM PAUL MILCHAK
PO BOX 1111
HUMMELSTOWN PA 17036-01111
TIM .ontrlOt n..."" 8808091.9
CAEF .otIll1cIII n..."" OS08091.6
For qUIIllool, CIIl ,..aD0-8"2-2:77', or writ. 10 UI. Plt..e mlnlion
your contrlct numb'rs.
For your Information
Transactions posted after the close of this quarter will
appear on next quarterly confirmation.
Where applicahle, your pay stub should be consulted to
determine the period between when the salary reduction
occurred and when the amount was credited to the
chosen CREF accounl or TIM annuity.
Transactions
Total premIums received
$ 2,68'.36
part/clp4don Omrlptio.
nat,
12/29/95 Premium (Al
01/31/96 Premium (Al
02/29/96 Premium (Al
Changes In accumulation
TIM As of Dectmber 31, 1995
Tradlllonal 12/29/95 Premium (Al
01/31/96 Premium (Al
02129/96 Premium (Al
INTEREST
To/al as of March 3 I, 1996
CREF
Global
Equities
As of December 31. 1995
12/29/95 Premium (Al
01/31/96 Premium (Al
02/29/96 Premium (Al
T%l as of March 31, /996
Quarterly
Confirmation
of Transactions
January 1 . March 31, 1996
Retirement Annuity
Total accumulatIon
TIM Traditional
CREF Glohal Equities
TOTAL
As of
Drcrmbrr Jl. 1995
48,922.60
9.171,85
$ 58,100.45
A. or
MarchJI.I996
51.119.53
10.958.53
$ 62,078.06
The right to correct any clerical error in this report is
reserved.
PremIums submitted by:
A - THE PENNSYLVANIA STATE UNIVERSITY
Amoun/ Fund p,n:ItIlI"') AmDun/ rS)
AIID~aJ,tI AIIMdl,tI
S 1.416.13 Traditional 50 108.06
$ 632.61 Traditional 50 316.30
$ 632.61 Traditional 50 316.30
Global Equities 50 316.31
Amount
Accumulation
$ 48.922,60
$ 108.06
$ 316,30
$ 316.30
$ 856.27
$ 51.119.53
Amnllnt tlnl' ._hl. . No of unll..
$ 42.9576 213.649
$ 108,01 42.9573 16.483
$ 316.31 43.1096 1.231
$ 316.31 44.2613 1.146
$ 44.8174 244,515
A..rumlll.lInn
$ 9,177.85
$ 10,958.53
PagB 1
TIAAoCREF Individual & Institutional Service.
07BBBSOSEOS
\
As of July 7, 1995 (date of separation), Husband assumed responsibility for the
following Joint debts with balances due as of separation as follows:
$1126.00
$ 500.00
$1432.00
$ 513.00
$1270.00
$ 469,00
Total $5310.00
Husband obtained a consolidation loan through Highland Drive Federal Credit
Union to pay the above debts. Current balance due and owing Is approximately
$600.00.
Visa
BonTon
JCPenney
Kaufman's
Wards
Hechingers
i
I
Item Description
Date of Incurring Debt
Amount of Original Debt
Amount of Debt at Separation
Amount of Current Debt
Periodic Payment
Debtor
Creditor
Current Payor
Sears Credit Card
Various - revolving debt
Various - revolving debt
$1,000.00
$ 400,00
$ 100.00 per month
Wife
Sears
Wife
Item Description
Date of Incurring Debt
Amount of Original Debt
Amount of Debt at Separation
Amount of Current Debt
Debtor
Creditor
Current Payor
~
t
Learners' Credit Card
Various - revolving debt
Various - revolving debt
$100.00
$ 0.00
Wife
.
Learners'
Wife paid off balance
,
j
i
i
.,
l
!
,
Wife's Non-Marital Property
1. 1991 Saturn - Present Value $4,750.00
c
Husband's Non-Marital Property
1. Upright Cedar Chest
2, Small Rocking Chair
3. Child's Rollback Desk
4. 1994 Oldsmobile Cullass - Present Value Zero
Purchase Price $7,500.00
Loan Amount $7,500.00
RUTII A. MILCIIAK,
PlaintilT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 194-1997 CIVIL TERM
WILLIAM P. MILCHAK,
Defendant
: CIVIL ACTION - LA W
: IN DIVORCE
INCOME AND EXPENSE STATEMENT
RUTH A. MILCHAK
The following is the Income and Expense Statement filed by Ruth A, Milchak,
Plaintiff, in the above-captioned divorce.
DATED: June 24, 1997
Expense Account
Unemployment Compo
Workmen's Compo
TOTAL OTHER INCOME:
$
TOTAL MONTHLY NET INCOME:
$ 697.02
EXI'ENSES
Weekly
Monthly
Yearly
devices)
EDUCATION:
Private school
Parochial school
College
Religious
School lunches
Books/misc.
PERSONAL:
Clothing
Food
Barber/hairdresser
Personal care
Laundry/dry cleaning
Hobbies
Memberships
CREDIT PAYMENTS:
Credit card
Charge account
LOANS OR DEBTS:
Credit Union
MISCELLANEOUS:
Household help
Child care
Camp
Pet expense
Papers/books/
magazines
Entertainment
Pay TV
Vacation
Gifts
Legal fees
Charitable
Contributions
Religious
Memberships
Children I s
Allowances
Other Child
Support
100.00
360.00
75.00
100.00
80.00
22.37
15.00
300.00
20.00
- 4-
EXI'ENSES
Weekly
Monthly
Yearly
Alimony payments
Lessons for
Children
OTHERI
TOTAL EXPENSES
$
$2.267.37
$
- 5 -
I understand that the statements made herein are subject to the penalties of 18 Pa,C,S. ~
4904 related to unsworn falsilication to authorities,
~~-\-\ \ \=-\, \\\i\C\-'\C\.\..(
RUTH A. MILCIIAK
I verify that I have reviewed this form with my client and to the best of my
knowledge the answers herein are true and ;yrJ;ect,
/L-b
'\
.~:I'" (l}f~l'J'1
Maria P. Colitnctti
200 North Third Slreet
Twelfth Floor
1'.0. lIox 689
II1Irrishurg,I'A 17108-0689
(7 J 7) 232.2103
FlIx (717) 232-5775
I'rlllo:lh:c l.imilcd III hamil) Ilnd Mlluimllnillll..m
MARIA" l'lKiNHII'
KAREN A. SIIERIFI'
tegal Asslstan'
th:lluw, ^mcrl~an ^,,,lIcmy
IlI'Malrlmonlllll.a...,)cn
June 25, 1997
E. Robert Elicker, II, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE: MILCHAK V. MILCHAK
DOCKET NO. 194-1997
Dear Mr. Elicker:
Enclosed for filing please find the following documents:
1. Plaintill's Inventory and Appraisement
2. Plaintiff's Income and Expense Statement
3. Plaintirrs Pre-Trial Statement
If you have any questions, please do not hesitate to contact me. Thank you for
your attention to this matter.
Very truly yours,
1/J~WlL/;JG~//tL
Maria P. Cognetti
MPC/kas
Enclosure
cc: Mrs. Ruth Milchak
Charles Rector. Esquire
.
RUlli A. MILCHAK,
Plaintiff
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 194-1997 CIVIL TERM
WILLIAM I>, MILCIIAK,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
INVENTORY AND APPRAISEMENT
ill:
RUTH A. MILCHAK
Plaintiff files the lollowing Inventory and Appraisement of all property owned or
possessed by either party at the date of separation and all property translerred within the
preceding three years.
Plaintiff verifies that the statements made in this Inventory and Appraisement are
true and correct. Plaintiff understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.
~.\\, ~l. \\\...\c\r(,-k~
Ruth A. Milchak, Plaintiff
f
{
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and
itemizes the assets on the following pages, Ifan item has been appraised, a copy of the
appraisal report is attached,
( ) I. Real property
(X ) 2. Motor vehicles
( ) 3, Stocks, bonds, securities and options
( ) 4, Certificates of deposit
(X ) 5, Checking accounts, cash
( X ) 6, Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8, Trusts
( ) 9. Life insurance policies (indicate face value, cash surrender
value and current beneficiaries.
( ) 10. Annuities
( ) II. Inheritances
( ) 12. Patents, copyrights, inventions, royalties
( ) 13. Personal property outside the home
( ) 14, Business (list all owners, including percentage of ownership
and onicer/director positions held by a party with company,
( ) 15. Employment termination benefits - severance pay, workman's
compensation claim/award
( ) 16. Profit sharing plans
( ) 17, Pension plans (indicate employee contribution and date plan
vests)
(X ) 18. Retirement plans, Individual Retirement Accounts
( ) 19. Disability payments
( ) 20, Litigation claims (matured and unmatured)
( ) 21. Military/V.A. benefits
( ) 22. Education benefits
( ) 23, Debts you owe (and/or your wife or husband), including
loans, mortgages held, etc.
( ) 24. Household furnishings and personalty (include as a total
category and allach an itemized list if distribution of such
assets is in dispute
( ) 25. Other
,.J
<
I-
C2
<
::E
J
&
.5
6
<
g:
2. Motor Vehicles
t
I
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MARITAL PROPERTY
ITEM DESCRIPTION:
1991 Acura Integra
OWNERSHIP:
Husband and Wife
DATE ACQUIRED:
1991
POSSESSOR:
Husband
COST/ACQUISITION VALUE:
c $15,000,00
DATE OF SEPARATION VALUE:
Unknown
PRESENT VALUE:
c $6,537.50 See attached.
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
None of which Wife is aware.
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
ACURA (Jap.nlu) 1993'90
,'...
",..,
..,.,
"'"
-
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-
...., .....
IltJ 'CuM AI'I It (NlI.'" IUO I..... Jti
no ~"' '" ,. I no no u" h,.. 'll,
tl92 ACUlll-AHI-At u,. f.... to I
IIUUA' e,1 I.' Ion tn", III ( \
lUOII,,,,III\ ruu "" 'liD 100 II r... 1011
JUO II'.. w., [_I'" 1100 ""
IUI h... 11 IS ~IW\ "00 ""
.OOOh....wH I. a' uoo .110
liDO h... II 101 UN' Ion IOU'
'100 h'",w 10' I_IU 1100 11100
141111".'..... [./11 '..a ".11
VISO., e,1 II. ,t" AL,,, 1I0..0",",I"C-'WD
1111 II'.. 60 II ({1U 1100 111'0 lU n
IOJODh...w~1 [llU .no l'UO 1.000h.... 10 II l[i4ll1'OOIOUO
tllI..n". '"00101>01"'" IVI.'lIn 21'"
tUI01.,..w IIlllllln '"" no.lU;!;.'"., no Jlo
141111d,.Wl 11I""'1Ill1n 'n."r.,,, I.',. , ' In UI
::~::~;: ~:, ::~~n:~~ IIUO IOU..", 1Il.",_ I,. 100 IDa
l"OOC~ N II 1111111.11 ::~:: 1~~:tr:,"0..0"I'AC
IU" , "',&I 'IUOt.4", to 11 lLi'IIJln'IIlI
11000(...10 1U11\JU00401'OIJO'06D~"""IDI."no 11110
100Ul I I,.., '00 100 l'IIU. CJI 1&14
nUl." "".. n n 110'0(...10 !IIJl1illnO 11311
JlOW,,,", 110 JlO '...nc...1O'....'.llfIIIUO 11111
..OOI.4~;~i.'.,:.T, ~'l "00 ..001 nOU"lt,1j m.. no 110
I '00 OMIII '" ", j I .00 100' ~:: :~7~.;:~"1::1, ~J: ~::
tit, ACUlU'A""'AC 100..,..1 "'_I I.. . ",.j .00 '00
M I~'~~~ ~.e~l ~~~ ~U" 1100 11101 '"3 UPA flOlllo.n'Ae
p .01l1....tlIl1 I-I'" 10. nn;WO~~'~~1 un '"111100
o ::~:~::::: ~~~: :::: :~~: IlIn""Dn~ 111111111 14'11
'"I h... J; I.' bUU un 1100, ~~:\II ~~ ~." 1lI1l1i lono nUl
R Il,~~: ~I'j.: '" 11I1" '''0 '0": n.nc.. 10 ,..., 11I111111110 1UOQ
T 11000h...1lI 11111 1100 1UOO' nOll'I,L,I""""I.,J,.. 110 no
I nooo "'" to I III" 10.00 1.41100: "' U, lIt 11.,., 12. III
InOO(...,~l 1111\11110 I'"'' lUU,tl>oIII"..",", III III
UI'01l...IlI" UIIIIII" IIIU; t'O "'",,,,,,..11,,,, 410 "'0
1..410 C... 10 11 III/IUOII II U', 110 "'"1 '" ".11.., 1""1 no 110
III " I ... III I ItU UPA flOIlIC>>S'''C
UIIOl...1ll fUll\lOln llOOO',U""rw.
nO"'HI",,,,', no UO'UI01l""401 'U'IOIIIIon
410"'"1"',.'1 _I 00 UOI0..10s.4401'".. UlIIUIII'lI
'''0 ACU....."'.'..IC.'.D Iltllll' Crt.I ."
1IIlIu,e" 101''-10 IlIJl1i 111111010
10""...111' Dnu 4111 ..",10'nc..1O'....,.JlfI 1&00 lI.n
IUI "....IO.l III... 4'" ..10 100 lI, I,ld,,,., "~_J.' 100 100
1I00\f,..vil OUH 'GlO lUO 100U'll'I1I,., 100 100
.110 h,.. 1(11' 11I1" .In lU. ,00.....'..".011,.., 400 100
.IU'....II'" ~U.U It" IIU' 'OO"'MlfI".II.'lo'><\ 100 100
"" l.... "'.., r.1" 'UO .000' tift ALPA flOIIllIHS'AC
IIml.. ;lunUfW,
noo h... '" UIII Ino 1"1 "" s.... 40
'l'UCT,~"~Le.a~mIOIl.
"'11
114"
11m
U(l1
111/1
IIOOIOJOO
noo 10"1
UIO IIno
.IU "".
.011 IUOO
Al" ROMIO 111.lIn,
1IIIUIt.UIIQU
'-::;~':I~'lr 1~'I~ II
lUll .111 lUa
AlFA ROMEO (ltahan) 1991'90
.....
-
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."U ,....
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PNCIBANK
SoulhccntIal. P A
Statement .''''
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WILLIAH P HILCHAK .;;.' :.. ',., , .,......""...
PO BOX ],Il], ',.; ',' ;"::<':;~:;';J7.j.;j;jJ,~
HUHHELSTOWN PA ],7036-'1'1'111-
002
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LAST PAGE
STATEHEHT HUHBER 50-8060-7226
STlIT END DATE
07-n-n
ENCLOSURES
'AOE
,
17
1
CHECKING
WILLIAM P HILCHAK
ACCOUNT HUHBER
TAK ID HUHBER
LAST STHT EH~ OAT!
50-a060-722.
170-<\2-582Z
Oo-on-OO
PAYDAY
FOR CUSTOHER SERVICE CALL
1-717-5Sft-3Z6S
UNIVERSITY OFFICE,
ACCOUNT SUMMARY
llilli
PREVIOUS BALANCE
.00
DEPOSITS/CREDITS
4,775,BO
lflllIW
17
AllWIlI
4,376,19
WITHDRAWALS/DEBITS
.00
NEW BALANCE
3".61
D!f!"'" .:ti;"";.:r,, ' i....~.,DAILY,~CTlVlTY .c:~';:.',u, ' '... ".":i ;:, .. "':: '.;~. '.. '.. ..... r ; '::
t..J .
.1'll..~.\:-' . ,_ . " _'~' .~... ,. CHECKS AHD '.~. ~..::. DEPOSITS AND
llAll :\." EKPLANATIDN OF TRANSACTION ... >. . .. OTHER DEBITS;', '.. OTHER CREOITS
00-0.:1.: YOUR PREVIOUS STATEHENT BALANCE ......._.."...~I~~~.l;.4........;~ ~,1\._.:._~. .:/~~_""I\:~f.~ I~(; ~. ;'
06-25: DEPOSIT REF' 22052901 ~, ~., .~ I'.' ...."Ir.I'C"u;...., 2,000.00
0~2'-oJ'~ CHECK '~'.~ .'(\'.... REF' 251ft8544 ;'L:.}A.~ 1.':~1.;.:/': .1,""0.00.'4 ~"~")'~, :f:. .'.~:.,.. ..~~.;.
....;u,.. CHECK ""'...' REF' 25170331 ~;c.,! -,' ...... 25. 26 ',\ji,J". , ",.. c .
0r-30;;.. DEPOSIT.;;... .... ." , REF' 254353BZ,~~~...",.'," ,',\ .,:~ :':. .. 2,775.10
07-05 CNECK REF' ZZ426", IB6.00
+~:':.'.".r'; CHECK ',~:" REF' 22q50055--.~~~;;'~s.!.<";'>,,> 55.25 '';~~-:~'.?' ..~ ...... -:"--; '. .
CHECK REFI 2Z43B60' 40.00
07-06 '. CHECK REF' 25534B50 . ":;-~':':',"l,T"' .' ': ..' '-, ... .. . '.' ....
07-07 m~, m: ~mm ':':~3.:./ l'f:U: .~~ ?~ -,..,......': ;Y'"
. -. ~::~ CHECK REF' 25055592 :~::~:-.S~~~~~~~;'::-,-,;''';''; ~:~.: ':.. .. :'"O:::;r.:'~~" '.
CHECK REFI 2504ZBl5 4Z.60
,. . CHECK REFI 2507'557 ":-;O:'.~"'~"':";'..'-' 21.41 -'l'~-',-;:~';;r"",.,!r".1"'''~: . ~:';::3',\~~':' 1,005.'1
CHECK REFI 25472720 ZO"OO' ... "...'
CHECK REF' 2546B724 'c'..::~f,;. IB6.00::.:.;<:, __:,:. ..,~;..~::::.:.,:.":..;m:;;, .:
CHECK REFI 254B564Z 75,00
'n7,,:;O~;.~ CHECX 1,-/.: ,- -~; ':.:-:'f.:::':;f~. REF' 25482557 ~":"~:~ 1!Z" ..!:""<~.'. ~.." 20.00 ,,:,::~:;-~j~~~1:S-~"W~~2~.i..:':'. 455.61
07-12 CHECK REFI 255B470Z 34.00 3".61
__--~.:.~...,~_..:..'r~~~,.::':: ~:::'~":~::~._.:.... ~. ..... . ".,.,,",,,. "..:.:..~ ..:;,,,;,,, ..~: .:.:;i,,~...,:'.::. :.':;:;~~jJ.:i'.i:~;:':"'jo,"".ol~;.;:~'.~,~':;, ;;~."~':''';'';~'.
-~- --'---""- ..----..---..,..ACCOUllT,IHF::lRMAT!ON
.J;lI'l;"k ~.." .........-'.r:'_~~.~1;~.;..._. .1"!~'<o?:\ ,':'" '. ~.:j ""ja..:: '.';~:...' .....~. -~-..,.....,'t;;~.~.;;,:q~.;m~;.;"'~~:",~U,_.~...~'='...V:~~~~\.:..\=--~.'''~T.~,,,,~-
'. JIo,~.... .,_._..~.M.:' ._ ......... ........1.1...-. ,,",~;k.IlIi1.. WWI. .~~~ ~__ _.._..4",.._"X.L+.a....i...-.---_:u_........
HINIHUH BALANCE 3".61
AVERAGE BAlAHCE "~:~~'. 1,17'.Si ~:'~'_ '~:::,:'':.'..f;;gT:r ..;~.~.;.:.~t.~-,:;~~~;:1.r..;);.;!;~:"';~';::~lt~~wr:.!f.'~{t;,,:~~~~~.g{..."'ji'~'..;7;~~..;?..~.:
AVg COLLECTED BAL l,22Z,7'
CHARGES/FEES AHOUKT.~ "- . . ._,. .00 "::':':~~:":..:.' U~~';;:...\~.;.:~r;'~::.~:,'t:.'~i!~::~.:~~;.:.::.~.~i.~i;~~~.~"'7'.,-~.W'~~.~..~('j:":'-,..-\o~
CIIECKS PAlO 17
.TELEPHONE TRANSFERS ::. .,::..... .. ..~.~.;.-.~~.~~"\!t':~i.1~-:.;;~.:.::;.:.r~;:~C;.-~!~~,.;A.i:.~~~H.....:~~~lH..J~~r.l:t~);Vrl!;;'...~;.....::.~
,'; ;~~fJ);~.;:.:
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BALANCE
.00
2,000,00
.
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,; 414.74
3,260,5'\.
"'i,:~,"'l"~f'~"
2,'81.31
2,'57."
-.:::.~~~rF'~.
07-10
~(...~t-","',;.:..f.'to ',_:..:'~...."': d_"_"':""
SUMMARY OF CHECKS . :.....':~~.II~.;,:..~:._::.;;~.. .:~...L~::.:-.~.':!:;~~;. .... ..~.:"fltLa.J..:.'l...
DATE CHECK ~,i":';' ;C,.".: DATE..,... .C;, CHECK ..:1~;,<,',~, .. DATE
WllIII UlII HllImB . . ,-~ - AI12lllI1 Ulll ,...... . l:tlin.m Al1QllllI UlII
25,2606-2' ,,_,.. 21.4B 07-07,......': ,'. ,~':"'..',:".. 20.0007-10
1,4'0,00 06-Z' 42.60 07-07 ,"', 75.00 07-10
~l~'hJ':;:':'.;'~~~___.... 40.00 07-05 ...~~~S~~=~..~,~~:;::'._ 110.00 07-07.......:a:.~;;~r..;1:~.::~.'.. lBi.OO 07-10 ~l...'1:!:.~
53.23 07-05 200,00 07-07 2B'.00 07-10
.J~.;:.~.;.r:.:ib;. ~.. ..~'.. 11'.00 07-05 .~.;:..~r.f.~/~ :.s..~~~lL:"~".' 260.00 07-07, .:-:'~ ~."':.,\f......, =. ~.:; .e.':.:~~lf;:.f:.~ ,',. 54 .00 07-1Z..:~,~'i...,'"
23.62 07-06 1,250,00 07-07
- . " ..:,~~:~~.::.:~3~--:"::~~ I_~:~t':".~~" ~':.C;>J" t/.~;:.~:.:7..::~~:~-.:.:...-.'iik'~~~J.~..t..;.~..,~.:.:!:..~
CHECX .~~.;:. ..:...."..
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'. gAP IN YOUIH:ItECK-5EQUENCE
:~'i'1~~.l-[""L~I'..~ ~~'." , . :~:r . ~ .~.:.;...r~Z~:i~'~;\;~;j:;.;::i~ t.~~....~~ ':att1;~~":7i;;'.;...:.~!:~::.r 7,"':'};..!!-:17.iJ~,.~~:1~~.~~..~ .~" ..;~~_. ~f'. .;
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..-. COO 34500002 Rev. ZltJ4 .
:~--!'?~t :"f.'-.-";- "/~y~~I"" "
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MARITAL PROPERTY
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5. Chcckinl: Accounts
ITEM DESCRIPTION:
I'SECU Checking Ace\. No. () 170425822
OWNERSHIP:
Husband and Wire
POSSESSOR:
Wire
DATE ACQUIRED:
During Marriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
= $4.64
PRESENT VALUE:
= $4.64
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
None
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
~
.~
tl
B
ILl
~
MARITAL PROPERTY
,
t
5. Savinlls Account
ITEM DESCRIPTION:
PSEClJ Savings Acc\. No. () 170425822
OWNERSHIP:
Husband and Wifc
POSSESSOR:
Wile
DATE ACQUIRED:
During Marriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
" $5.16
PRESENT VALUE:
" $5.16
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
None
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
I
,
t
18. Retirement Plan
:/
ITEM DESCRIPTION:
T1AA-CREF
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
= 1989
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
= $52,671.36 See attached.
PRESENT VALUE:
= $73,028,39 (12/96) See attached,
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
None of which Wile is aware.
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
Ii
Teachers Insumnce and Annully A.,,"clall"ll
College Rellrement E'lullles Fund
730 Third Avenue
New York, NY 10017
Rllnald F, Mack
Indi\'jdual COlUultant
I.JlOO-84Z-Z7J3. exl 1471
February 8,1996
Mr. Will i am p, -Mil chak
P,Q. Box 181
Hummelstown, PA 17036
Re: TlAA Contract No. B8080919
CREF Certificate No. Q8080916
Dear Mr. Milchak:
Your request regardi ng the treatment of TIAA-CREF annui ties in
matrimonial dissolution proceedings has been directed to my attention.
TIAA-CREF offers an annuity splitt i ng procedure to accommodate
divorcing parties. Through this procedure, the portion of the annuities awarded
to your spouse by the court would be applied to separate TIAA-CREF annuities. The
annuities issued to your spouse would have the same provisions as your annuities,
except that they would be based on the life of your spouse.
In addition to reviewing below the general provisions of the your
TIAA-CREF annuities, I have enclosed a guide which discusses this proceoure in
detail. This information should be reviewed with your attorney.
T1AA-CREF Retirement Annuities (RAs) guarantee to provide a lifetime
income to you beginning at retirement or to pay a death benefit to your
designated beneficiary if you were to die before beginning retirement income.
Because they are designed for these purposes, Retirement Annuities contain no
provisions for loans or assignments.
Subject to the retirement plan provisions of the contributing
employer(s), TIAA accumulations of past or present employees may be transferred
to alternate employer-approved carriers, in ten annual installments, using the
Transfer Payout Annuity (TPA). Following termination of employment, the TPA can
be used to receive TIAA accumulations in cash in ten annual installments. All
TIAA participants may elect to transfer TIAA accumulations to CREF, in ten annual
installments, regardless of their employer's cashability and transferability
decisions.
CREF accumul at ions may be transferred to alternate employer-approved
carriers, Following termination of employment, these funds may be paid in cash
or as a fixed period annuity which may range from 5 to 30 years.
The following lists the TIAA-CREF Cash and Transfer policies elected
by your employers:
Pennsvlvania State Universitv
TIAA TPA Cash at Termination:
100% Cashable
100% Cashable
CREF Cash at Termination:
Cash Before Termination:
Not Available
Not Available
External Transfer:
The fo 11 owi ng lists the current and requested past values of your
TlAA-CREF Annuities:
Contract No. 217196 Value 717/95 Value
TIAA(RA) No. B8080919 S 49,981.46 S 45,639,45
CREF(RA) No. Q8080916 S 10,146.77 S 7,031.91
Aside from increases due to additional premiums (if any), the TIAA
accumul at Ion wi 11 I ncrease I n the future as it Is cred i ted with Interest
earnings. Aside from the impact of additional premiums (if any), the CREF values
may be more or less in the future, depending on the performance of the
Investments in the respective CREF account portfolios.
TlAA-CREF Retirement Annuities and insurance products are treated
separately in divorce settlements. You will soon receive separate correspondence
from our insurance division in regards to how the splitting process is handled.
If you would like us to provide information about your annuities to
another party, we will need your written authorization, Also, you should advise
the Plan Administrator at your institution, if other benefits are affected by
your dissolution of marriage.
If you have any further ques t ions, pl ease 1 et me know, I can be
reached at 1-800-842-2733, extension 1471,
Sincerely,
1?~@V
Ronald F. Mack
Individual Consultant
Enclosure
E;;
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Teachen Insurance and Annully Association
College Rellremenl Equllle. Fund
730 Third Avenue
New York, New York 10017-3206
1."111",111"",11"11"11,,,,,,111,,1,,,,111,,1,,"11,1"II
WILLIAM PAUL MILCHAK
PO BOX 181
HUMMELSTOWN PA 17036-0181
TIM contrecl nurnbe< eS08091.9
. ~_ . CREF certificate number 0808091-6
For Questions, call1..a()()-6.2~Z778. ot wrlle 10 us. Please mention
yoor conlracl numbers. '
For your Information
Transactions posted after the close of this quarter will
appear on nexl quarterly confirmation,
Where applicable, your pay stub should be consulled 10
determine the period between when the salary reduction
occurred and when the amounl was credited to the
chosen CREF account or TIM annuity.
Transactions
Total premiums received
$ 1,897.83
ParticipaJiDn DtJcrlplion
Datt
09/30/96 Premium (A)
10/31/96 Premium (A)
11/29/96 Premium (Al
Changes In accumulation
TlAA As of Seprember 30, /996
Trndlllonal 09/30/96 Premium (Al
10/31196 Premium (Al
11/29/96 Premium (Al
INTEREST
Total as of December 3/. 1996
CREF
Global
Equities
As of Seprember 30. /996
09/30/96 Premium (Al
10/31196 Premium (Al
11/29/96 Premium (Al
Toral as of December 3/, /996
..~.' Quarterly
Confirmation
of:.Transactions
,
October 1 . December 31, 1996
Retirement Annuity
Total accumulation
TIM Traditional
CREF Global Equities
TOTAL
As of
S.Olember 30. 1996
55 .230.63
14,159,98
S 69,390.61
As of
December 31. 1996
57,162.15
15,866.24
S 73,028,39
The right to correct any clerical error in this report is
reserved.
Premiums submitted by:
A - THE PENNSYL VAN/A STATE UNIVERSITY
AmolUll FUIld Pm,", f90)
AllocaJtd
$ 632.61 Traditional 50
Global Equities 50
$ 632.61 Traditional 50
Global Equities 50
$ 632,61 Traditional 50
Global Equities 50
AnwlUll fll
AUJUaltd
316.30
316 31
316.30
31631
316.30
316.31
Amount
Accumul.Uon
S 55,230.63
$ 316.30
$ 316.30
$ 316.30
$ 982.62
$ 57,162.15
Amnllnt lInll \'111111" 'C' No. or IInll..
$48.2183 293,664
$ 316.31 48.2183 6.560
$ 316.31 47.9854 6.592
$ 316.31 50.5850 6.253
$ 50.6797 313,069
AUllmnllltlnn
$ 14,159.98
$ /5,866.24
Page 1
~
UJ
Q
MARITAL DEBTS AND LIABILITIES
ITEM DESCRIPTION:
Sears Credit Card
DATE OF INCURRING DEBT:
Various - revolving debt
AMOUNT OF ORIGINAL DEBT:
Various - revolving debt
AMOUNT OF DEBT AT DATE OF
SEPARATION:
AMOUNT OF CURRENT DEBT:
= $1,000.00
= $400.00
PERIODIC PAYMENT:
= $100.00 per month
DEBTOR:
Wife
CREDITOR:
Sears
CURRENT PAYOR:
Wife
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MAIUTAL DEBTS AND LIABILITIES
ITEM DESCRIPTION: Learner's Charge Card
DATE OF INCURRING DEBT: Various - revolving debt
AMOUNT OF ORIGINAL DEBT: Various - revolving debt
AMOUNT OF DEBT AT DATE OF " $100.00 ,
I
,
SEPARATION:
I
AMOUNT OF CURRENT DEBT: SO.OO !
l
PERIODIC PA YMENT: None I
'\
I
DEBTOR: Wife .
,
,
CREDITOR: Learner's
CURRENT PAYOR: Wife paid ofTbalance.
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NON-MARITAL PROPERTY
~
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ITEM DESCRIPTION: 1991 Saturn
OWNERSHIP: Wife
POSSESSOR: Wife
DATE ACQUIRED: 1996
COST/ACQUISITION VALUE: ~ $8,800.00
PRESENT VALUE: ~ $4,750,00
NAME AND ADDRESS OF
ANY LIEN HOLDER: None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
BASIS CLAIMED FOR Acquired post separation
EXCLUSION FROM
MARITAL PROPERTY:
!
t
IV. EXHIBITS: The exhihits to he produced hy Plaintiffwill consist of copies
of statements showing valucs of the parties' bank accounts and Ilusband's retirement
benefits. Plaintifl'reserves the right tooflcr into testimony such additional exhibits as
may be necessary to respond to evidence offered hy Defendant.
V. INCOME: Plaintiffis presently employed by the Consolidated Properties
as office management. I ler monthly net income is approximately $697.02.
VI. EXPENSES: See Plaintifl's Income and Expense statement.
VII. PENSIONS: See Plaintiff's Inventory and Appraiscment.
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VIII. COUNSEL FEES: To date, Plaintiff has expended approximately
$4,270.00 in counsel fees and expenses. Plaintiff anticipates spending an additional
$5,000,00 in counsel fees until the litigation in this matter has been concludcd.
IX. MARITAL DEBTS: See Plaintiff's Inventory and Appraisement.
X. PERSONAL PROPERTY: Plaintiff does not dispute the division of
personal property.
XI. PROPOSED RESOLUTION: Plaintiff would propose that the marital
assets be divided on a sixty/forty hasis with Plaintiff receiving sixty percent. Plaintiff
would further propose that she receive alimony in the amount of$250.00 per week for
cleven years and the sum of $1 0,000.00 for counsel fees, costs and expenses.
Anderson Associates Psycholo~y & COl1suhin~
Paul A. Anderson, D.Ed.
2-118 NORTII SECOND STREET
HARRISBURG,PENNSYLVANIA 17110
TELEPIIONE (717) 233-7779
FAX 17171 233-0350
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VOCATIONAL EVALUATION REPORT
To:
Charles Rector, Esquire
110-1 Fernwood Avenue, Suite 203
Camp Hill, PA 17011
(717) 761-8101
Fax (717) 761-2161
Re:
Ruth Milchak
1-159 Hillcrest Court, Apartment 505
Camp Hill, PA 17011
(717) 975-8588
008: 1/2/53
AGE: 44
SSN: 173-44-9944
November 2-1, 1997
Vocational Evaluation Rcport
Ik Ruth 1\lilchak
November 24, 1997
Page 2
DIAGNOSTIC I:'iTERVIEW:
As noted, Ms Milchak lives in the community of Camp lIill, Cumberland County, PA with her 13-
year-old son, There arc tll'O other children to this union, both of whom are emancipated from the
home. Ms Milchak stands 5'4" tall and weighs approximately] 60 pounds She has short brown hair,
green eyes and was neatly and attractively attired, appropriate for the evaluation.
Sensoria are reported intact wilh respect to senses of vision, hearing, smell, taste, balance and touch
Ms Milchak is left-hand dominant Use of both upper and lower extremities is reported as normal.
Generally, she reports good physical health. Appetite is reported as normal. Sleep is reported as
normal.
With respect to mental status, Ms. Milchak was oriented with respect to time, place, person, and
situation She evidenced both logical and lineal thought There is no evidence of any perceptual
problems such as delusional or hallucinatory thought She docs report a situational depression
associated with the divorce proceedings, has discussed this with her physician, and she notes that it
is under control with treatment
EDlICATIONAL BACKGROUND:
Educationally, Ms Milchak graduated from Laurel High School, located in New Castle, PAin 1970.
She was an above average student She states that church-related activities were her primary focus
during high school. Following graduation from high school, she attended Mt. Union College in
Alliance, Ohio for two years She states that she had about a 'B-' average at the time that she
dropped out of schooling, and she did not attain an Associate of Arts degree,
She also has attended a few summer classes at Westminster College in New Wilminh'10n, PA in the
area of history. Beyond this, Ms, 1\lilchak has taken a few courses in computer operation, including
Introduction to Personal Computers and Windows, Windows '95, 1\licrosoft Word 6.0 for Windows,
and training in Microsoft Windows NT Schedule Plus 7,0, She states that her word processing skills
are in the 60-70 word per minute level. There has been no other training beyond this.
VOCATIONAL BACKGRO~:
1\ls Milchak's vocational history began during the summer of 1974 when she became employed by
General Finance Company of New Castle, P A as a debt collections clerk, as well as handling accounts
payable and receivable She also posted bank deposits and performed light bookkeeping. From 1981
Vocational Evaluation Report
Re Ruth Milchak
November 24, 1 '197
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Page 3
to 1989 she was personal secretary to lhe senior pastor at Calvary Temple Worship Center in New
Castle, P A and handled all oOice management fUllctions
From 1990 to J 992, she was employed by Richard Angino, Esquire of Harrisburg, P A, performing
seasonal catering for house parties, including preparation and presentation of entrees, During 1991
and 1994, she performed two nine-month surveys for the Milton S Hershey Medical Center
compiling medical data, using the telephone to address sleep apnea.
From April, 1995 10 December, 1996 she was employed by Sandra Bashore as well as Edith Enders
performing as an assistant to the elderly In this position, she performed nanny functions,
lransponation functions, shopping, errand running. etc,
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During 1997, Ms. Milchak has perfonned temporary services for four difl'crent agencies. The specific
job duties include office management, receptionist, administrative assistant, and debt collections clerk.
With respect to wages for the various positions, she received $450 per hour for the Calvary Temple
Worship Center, $12.00 per hour for the catering enterprise, approximately $8,00 for the surveying,
$4,50 per hour for the assistant to the elderly and nanny work, and for the temporary services, she
received variable wages running from S7.50 to SIOOO per hour.
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SPECIFIC TEST RESULTS:
On the Revised Beta" Examination, a measure of general intellectual ability, Ms. Milchak achieved
an I.Q of 116, This places her\\ithin the significantly above average range of intellectual funclioning
in comparison to her peers
The Jastak Wide Range Achievement Test-Revision 3 (WRATJ) was administered because of the
range of grades and abilities which it encompasses, Ms Milchak received the following scores on
this test:
SKILL AREA RA W SCORE STANDARD PERCENTILE
SCORE
GRADE
LEVEL
PHS
PHS
HS
Reading 56 115 84th
Spelling 48 109 73rd
Arithmetic 46 107 68th
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5.
To accommodate the maritaVcommunity property distribution between the parties IT
IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS:
a, That the TIANCREF annuities previously referenced arc marital property;
b. That subject to the finalization of the divorce and the execution of the documents
required by TIANCREF and the terms of said annuities, the following portions shall be awarded
to the Alternate Payee as sole and exclusive property to be applied to TIANCREF annuities
subject to the terms and limitations of said annuities:
57% of the accumulation under TIM Contract #88080919 as of July 7,1995,
together with interest and dividend earnings in TIM until the transfer is recorded by
TIANCREF; and
57% of the accumulation under CREF Certificate #Q8080916 as of July 7,1995,
together with investment experience in CREF until the transfer is recorded by TIANCREF.
All ownership rights in the newly issued annuities will belong to Ruth A. Mikhak.
All ownership and interest in the balance of the accumulations in all contracts issued by
TIANCREF will belong to William P. Milchak.
c. The parties are directed to timely submit to TIANCREF all documents, including
Releases that are required to finalize this Order.
6. This Order:
a. Does not require any Plan to provide any type or form of benefit, or any option, not
otherwise provided under the Plan, and
b. Does not require TIANCREF to provide increased benefits and
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