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Home My WebLink About97-00270 ~ I) ~ 'V ~ d:. iii '> Q.. Cj.. Q '''-.... " ,/- .r ( ... r - . . ':) -- CJ o ~; t- 6-, ! l " > \', ;J . '-~ ~:1 .' , 01 '. , ->, -, ~ , . " ~..................,........................'".........~' f t ft' ..1...............,....1..............,............,.........,..........k..I... .~ .. "......... .-" ....... ....... .............. t. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY .~~~. STATE OF l~~~~I~~, PENNA. . .. . RONALD L. POFF, ~~ No. 97 - 270 CIVIL TERM Plaintiff VERSUS KIM M. POFF, Defendant . . DECREE IN DIVORCE . . . . AND NOW. 1./'1 /() .... IT IS ORDERED AND . ZalC> DECREED THAT Ronald L. Poff . PLAINTIFF. . . AND Kim M. Poff . DEFENDANT. . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . 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 . PROTHONOTARY . . BY THE COURT: Ad_ _-2 Am"i?~ J. .....f .. .of .. ....:..t..t'~~: fl. . . ',I ", . 7. /1.OtJ dtf. tDl7 .A1~~ ~ 4 ~~/f l"n.~tJ '71~ 'U~l.e'~ ~. 4 1:1:2~ ~ 0 Cl 0 'Tl == ., ~~ - .11~~ - N .').";1 .1 ;; .... ~ ;:(:S ~o<. l.:J :s "1") .'- 'd ~8 ~ ~ : () (:)ill .. ~ ~ ~ ~I (n -.: RONALD L. POFF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 97 - d70 ~ KIM M. POFF, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fall to do so, the case may proceed without you and a Decree In Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested In these papers by the Plaintiff. You may lose money or property or other rights important to you, Including custody or visitation of your children. When the ground for the divorce Is Indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors Is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone: (717) 240-6200 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. RONALD L. POFF, Plaintiff KIM M. POFF, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant In a divorce proceeding flied in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors Is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list Is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary ~~~ ~...., -.J - -t:-~ -J ~ s- ~ ~ 1'" ~, ~:..) ',. _I '11 GJ ~.; - ! (.> . - , \71 . - ('-U ~:! . ~ III ~'. "':) r~ ' .-, .. ~ C!' 'ol ~ ) ~.~ , .() c3 ; ~,,) .n! ~I r- " ... ,::> .q -. -..... .,j ~U'I ~ J ........ ~ C- o I , 1 I i I I I I I I I ~Jf~:"jrO;j'I". ',' " , ' ." '~I~.~",;""IIldIotZ""~....ic.." I ilia wfah to'~ tIIe"< j,"" i! c........ "'"" 3, """ ... , b. 'allowing Hrvlcea "A' lIlI'.llt1. j" pi"',I'1'rtnt Your "'"" "'" -,.,'" "" ........f \No 'oon.. "'" w, .... 'HI: . ...,.."lHa....."'you. . . . II} :,~,-"-lHa Ionn to.1Io f.....f "" m_, Of... "" _ H..... 1, 0 Add......'. Add,... ." i ~t.f;,rw.::~'=R~R_...,.~...""_boloW""__ 2I~m R"II/Clod D.llvery': .~.,.",,"J',,' . ,'.c', TlllI Ro...."-wlIIohow to whom.... onJdo w.. -..,lthodal. . :~I'.' . Conault .Im..ter 'A' f..,..' I ;~~'13. Artlcle Add....1d to: 4.. ArtJcI. Numbe, , r~,t KiM M POPF P 514 450 664 .,..,Ji :,'.: ,I 4b. S.rvlce Typ. , ~'H .!225 EIGHTH STREET 0 Regl.t.red 0 In'Ured 't I NEW CUMBERLAND PA 17070 XXc.rtIQod 0 COD J ;, 0 e.p.... M." 0 R.tum R"",'pl lor J: ;1; ,. ... IlIl' 2 1997f "ONLY" 9, Add......'. Add.... (Only" requlltod 1,:' .nd I.. I. p.,dl ~ H ii ;! Htf i! {,':' i.I,I,'.' 1 l !:, '. Ii ' J; q ; I j ,i{ - i ~ II ", 11 I II I il i : 8. s~nrr'7IlA'\"iY! Iii i! I iJ PS Form . Dec.mbe, 1991 ..u.&.0P0: '_714 DOMESTIC RETURN RECEIPT II U ~; , :J ,. " l'/' ::, :' i, " ,.. , , " :: " , , . . , .; J:' ';'; .'.1 'J ,..: ~ g 0 G CI .~, -r ~ ! """ ~trJ " 'J,I fl' ~ 'r', ~S N 'I-~, .Il_ -.J .l ~j.) r.:ei ---1.-\. ""\"J . , ~ . . f1 '<: ::;.: ..;~ ;;. , is :.1\ - --t '2 .. ;.,;. ~ U1 ~ (1\ g 0 ('> 0 ." ~ . ':,' illJ ::: 't, S';] - ,. r N , .~ '!.l ~~ -.J '- ;~) --0 ". :t, ~O :" "f' '2 ". 0"1 ,:;. - , ' .. .', :;:" ~J1 -..- -1 ~ -<; l1\ -< Johnson, Duffie, Stewart & Weidner By: Keirstcn W, Davidson /.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne. Pennsylvania 17043-0109 (717)761-4540 Attorneys for Defendant RONALD L. POFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-270 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. KIM M. POFF, Defendant NOTICE TO DEFEND To the Counterclaim Defendant: You have been sued in court. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed In the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 8. Admitted, 9. Defendant Is without sufficient knowledge to form an opinion regarding the truth of this averment. 10. Defendant Is without sufficient knowledge to form an opinion regarding the truth of this averment. COUNTERCLAIM Under 63301(c) or 3301(d) of the Divorce Code 1. Counterclaim Plaintiff is Kim M. Poff, who currently resides at 316 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Counterclaim Defendant is Ronald L. Poff, who currently resides at 225 Eighth Street, New Cumberland, Cumberland County, Pennsylvania 17070, 3. Counterclaim Plaintiff and Counterclaim Defendant have been bona fide residents in the Commonwealth for at least six months Immediately previous to the filing of this Complaint. 4. Counterclaim Plaintiff and Counterclaim Defendant were married on June 20, 1987, In Mechanicsburg, Cumberland County, Pennsylvania and separated on or about October 31, 1996, 5. The parties have been separated for in excess of two years. 6. There have been no prior actions for divorce or annulment between the parties. 7. The marriage is irretrievably broken, 8. Neither party Is a member of the Armed Service.; of the United States of America or its Allies. 9, Counterclaim Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. n .co C '11 0 ." -., ""'t'- - ~. l_ .l. ,-. ~I_i: C:: :-~ , ~ '~ ;....,.. I (I) r. I ., ~r;~ ,~ ',r..? r;:: ~:, , \ L lSC: :~? I',) '. (-C' ' : ~, ~'(;' r.- ..... '.') ":'z' :-'1;11 ~ :.-i ::<! :':l :J '0 -- . , ." " " ~~ ~~ -.l ("- ~ Cl ~ .F ~~\r\ ';l . ~ .. C' ..... . ~ -[ t :~ 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 Maste, Tr.cl Jo Colver Olliee Managor/Reporte, West Shore 697-0371 Ex!. 6535 July 27, 1999 John J. Connelly, Jr., Esquire JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033-0650 Keirsten W, Davidson Attorney at Law JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P,O. Box 109 Lemoyne, PA 17043-0109 RE: Ronald L, Poff vs. Kim M. Poff No. 97 - 270 civil In Divorce Dear Mr. Connelly and Ms. Davidson: By order of Court of President Judge George E. Hoffer dated July 22, 1999, the full-time Master has been appointed in the above referenced divorce proceedings, A divorce complaint was filed on January 16, 1997, raising grounds for divorce of irretrievable breakdown of the marriage, The complaint did not raise any economic claims. On June 9, 1999, the Defendant filed a counterclaim averring the parties separated on or about October 31, 1996, and raising the economic claim of equitable distribution. It does not appear that grounds for divorce are an issue, I am, therefore, directing each counsel, in accordance with P.R,C,P, 1920,33(b), to file a pretrial statement on or before Monday, August 30, 1999. Upon receipt of the pretrial statements, I will immediately schedule a prehearing conference t , i I Mr, Connelly and Ms. Davidson, Attorneys at Law 27 July 1999 Paae 2 with counsel to discuss the issues and, if necessary, schedule a haaring. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920,33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL, * FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. RONALD L. POFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNS~LVANIA CIVIL ACTION - LAW VS. NO. 97 - 270 CIVIL KIM M. POFF, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: John J, COnnellYljl~, Keirsten W, Davidson , Counsel for Plaintiff Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, Carlisle, Pennsylvania, on the 10th day of March, 2000, at 9:30 a.m" at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing, Very truly yours, Date of Notice: 9/20/99 E. Robert Elicker, II Divorce Master Both children are living with the Defendant mother, After negotiations this morning, the Master has been advised that the parties have reached an agreement with respect to the claim of equitable distribution. The agreement is going to be placed on the record in the presence of counsel and the parties, The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be during the transcription, After the agreement has been transcribed, it will be sent to counsel to review for typographical errors, corrections will be made as required, and then the parties and counsel will be asked to sign the agreement, The signing by the parties of the agreement will be an affirmation of the terms of settlement as placed on the record at this time, The parties will be bound by the agreement upon statement of the agreement on the record even if the agreement is not sUbsequently affirmed by signature, After the Master has received the agreement from counsel and the parties, he will prepare an order vacating his appointment so that counsel can prepare a praecipe transmitting the record to the Court requesting that the Court enter a final decree in divorce, Mr. Connelly, MR, CONNELLY: The parties have reached the following agreement on equitable distribution: 1, The Plaintiff will retain as his sole and separate property the real estate located 225 Eighth Street, New Cumberland, Pennsylvania, which was acquired by him prior to marriage, Within 90 days of today's date he will satisfy the obligation to BELCO Federal Credit Union and will borrow funds necessary to pay to wife the sum of $15,000,00 in partial satisfaction of her equitable distribution claims. It is acknowledged today that the property located at 225 Eighth Street, New Cumberland, Pennsylvania, is owned by husband individually and no other documents will be required other than this agreement to clear title to that property, 2, Husband will rollover, pursuant to a Qualified Domestic Relations Order, the sum of $31,000,00 from his Central Pennsylvania Teamsters Retirement Income Plan, The said Qualified Domestic Relations Order shall be prepared at the direction of wife's counsel and shall be submitted for review and finalization promptly, 3, All other property of the parties shall remain their sole and separate property to the extent the property is in that parties' possession, This includes a 1994 Ford Thunderbird which will be retained by husband and a 1983 Chevrolet truck which was traded by wife, The parties have already divided their bank accounts to their satisfaction, 4. Husband will retain the remainder of the Central Pennsylvania Teamster Retirement Income Plan not specifically provided for herein and will also retain sole ownership of his defined benefit plan with the Teamsters which was acquired prior to the marriage of the parties, 5. Husband shall also retain as his sole and separate property the Outdoor World camping vacation package along with any debts accrued under the said package, Wife agrees that she will execute any documents necessary to transfer ownership either to husband or to a third party at husband's request, 6, Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or t~e estate of the other as a result of the marital imposed by law and in particular Section 3105 of the Domestic Relations Code, WITNESS: DATE: John J, Connelly, Jr. Attorney for Plaintiff Ronald L. Poff Keirsten W, Davidson Attorney for Defendant Kim M, Poff . RONALD L. POFF, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 97-270 KIM M. POFF, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Date of Marriage: Date of Separation: Divorce Complaint filing date: June 20, 1987 Oetobedl, 1996 January 16, 1997 I, ASSETS A, Marital Property Assets VntuelDnte ofVnluntion Non-Mnritnl Portion Llensl Encumbrances I. Incrcnse in vnlue of Mnritnl Home located at: 225 Eighth Street New Cumberland, PA To Be Detemlined Yes BELCO Federal Credit Union 2. 1994 Ford TIlUnderbird To Be Detemlined No No (Paid ofT by H) 3. \983 Chevrolet Truck $I,800/Unknown No No 4. Joint Checking Account with BELCO Federal Credit Union Varied! Divided upon separation (not divided 10 Irs satisfaction) Yes No . A!I..ets VlIlue/l)ate ofValulltlon Non.MlIrltlll L1en~ I'orllon F.ncumhmnces 5, Joint Savings i\ceount Varied! Divided upon Yes No with BELCO Federal separation (not divided to II's Credit Union satisfaction) 6. Retirement Income Plan 6/30/99: $139,275.03 Yes No (H) 7. Outdoor World Camping Yearly: $379 No No Vacation Packagc 8, Non-marital Property Assets ValuelDate of Valuation Liens/Eneumhmnces I. Marital Home located at: 225 Eighth Street New Cumberland, PA To Be Dctcnn i ncd BELCO Federal Credit Union 2. Defined Benefit Plan (H) $91.26 No 2, EXPERT WITNESSES Plaintiff knows of no expert witnesses at this time. However, Plaintiff reserves the right to supplement this answer should such become available. 8, COUNSEL FEES Neither of the parties has made a claim for counsel fees. 9, PERSONAL PROPERTY DISPUTE H disputes W's entitlement to the following items of personal property currently in her possession: Item Value/Dote orVoluotlon Owner I. Computer To Be Detennined Joint (Given to parties son, Dustin) 2. Comcorder To Be Detemlined Joint (Given to parties son, Dustin) 3. Two Bedroom Suits To Be Detennined Joint (Given to parties son, Dustin) 4. 19" Color Television To Be Determined Joint (Given to parties son, Dustin) 5. Desk To Be Detennined Joint (Given to parties son, Dustin) 6, Entertainment Center To Be Detennined Joint (Given to parties son, Dustin) 7. Freezer To Be ()etemlined Joint (Given to parties son, Dustin) 10, MARITAL DEBTS Marital Debt Amount as of Date Incurred Initial Amount Amount/llate Evidence DOS and Purnose of Pavment I. BELeO To Be 1992 $25,000 for $91.39/Month Statement Mortgage Detennined payment of attached as Mortgage Exhibit "E" II. PROPOSED RESOLUTION PlaintifTproposes a 50/50 split orthe marital assets. PlaintifTwill retain all non-marital property owned by him, including the Marital Home. Respectfully submilled, JAMES, SMITH, DURKI Date: ?-fli - q" By: John J:Connelly, , \ .I Altomey}or Pllif;tifT P.O. Box 650 Hershey, PA 17033 (717) 533-328 PA J.D. No. 15615 J " 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. If an item has been appraised, a copy of the appraisal report is attached, ()d 1, Real property (xl 2, Motor vehicles ( ) 3, Stocks, bonds, securities and options ( ) 4, Certificates of Deposit (le) 5, Checking accounts, cash (le) 6, Savings accounts, money market ( ) 7, Contents of safe deposit boxes ( ) 8, Trusts ( ) 9, Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10, Annuities ( ) 11. Gifts ( ) 1 2, Inheritances ( ) 13, Patents, copyrights, inventions, royalties ( ) 14, Personal property outside the home ( ) 15, Businesses (list ail owners, including percentage of ownership, and officer/director positions held by a party with a company) ( ) 16, Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17, Profit sharing plans ( ) 18, Pension plans (indicate employee contribution and date plan vests) (~ 19, Retirement plans, Individual Retirement Accounts ( ) 20, Disability payments ( ) 21, Litigation claims (matured and unmatured) ( ) 22, Military/V,A. benefits ( ) 23, Education benefits ( ) 24, Debts due, including loans, mortgages held (xl 25, Household furnishings and personalty (include as 8 total category and attach itemized list if distribution of such assets is in dispute) (xl 26, Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person liS of the date this uction wus commenced, ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS I. - Increase in value of Marital Home locuted at 225 Eighth Street, New Cumberland, PA Ronuld L. Poff 2. - 1994 Ford Thunderbird Joint 2, . 1983 Chevrolet Truck Joint (Sold by W) 5. - BELCO Checking Account Joint (Not divided to Pllrties satisfaction) 6, - BELCO Savings Account Joint (Not divided to parties satisfaction) 19. - Teamster's Retirement Ronald L. Poff Income Plan 25, - Furniture and other items of Joint purties' son as listed in Plaintiff's Pre-Triul Stutement 26, - Outdoor World Vaclltion Joint Package NON-MARITAL I'ROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION 1. - Marital Home located at 225 Purchased prior to marriage by Eighth Street, New sole owner, Ronald L. Poff Cumberland, PA 17070 5, - BELCO Checking Account Gift to Plaintiff from his ($1,800 from Plaintiff's Mother Mother) 6, - BELCO Savings Account Gift to Plaintiff from his ($1,800 from Plaintiff's Mother Mother) 19. - Teamster's Defined Benefit Acquired prior to marriage Plan LIABILITIES OF PARTIES (xl plaintiff ( I Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page. SECURED (Xl 1- Mortgages ( I 2. Judgment ( I 3. Liens ( I 4. Other secured liabilities UNSECURED ( I 5, Credit card balances ( I 6. Purchases ( I 7. Loan payments ( I 8. Notes payable ( I 9. Other unsecured liabilities CONTINGENT OR DEFERRED . ( I 10, Contracts or Agreements ( I 11- Promissory notes ( I 12. Lawsuits ( I 13, options ( I 14, Taxes ( I 15, Other contingent or deferred liabilities THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaries by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement,) INCOME AND EXPENSE STATEMENT OF: INCOME RONALD L, POFF Employer: ABF Freight System, Inc, Address: 225 Slh Street, New Cumberland, P A 17070 Type or Work: Freight Pay Period (weekly, biweekly, etc,): Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Unemployment Tax Net Pay per Pay Period: Weekly $602.24 \32,49 48,IS 6,02 18.Q7 39.00 $358.48 MONTHLY YEARLY OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Accounts Gifts Unemployment Compo Worker's Comp, Alimony Child Support TOTAL NET INCOME $358,48 MONTHLY YEARLY EXPENSES Home $ 91.39 $1,096,68 MDrtgageIRent Maintenance Utilities Electric 80,00 960,00 Gas 120,00 1,440,00 Oil Telephone 30,00 360,00 Water 30,00 360,00 Sewer 30,00 360,00 Employment Public Transportation Lunch 90,00 1,080,00 Taxes Real Estate $ 62,50 $ 750,00 Personal Property Income Insurance Homeowners 15.75 189,00 Automobile 100,67 1,208,04 Life Accident Health Other Automobile Payments Fuel 100,00 1,200,00 Repairs 8.34 100,08 MONTHLY YEARLY Medical Doctor 16.67 200,04 Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices) Education Private School 398.34 3,700,08 Parochial School College Religious Personal Clothing $ 50,00 $ 600,00 Food 80,00 960,00 BarberlHairdresser 10,00 120,00 Credit Payments 50,00 600,00 Charge Accounts MembelShips 34,92 419,04 Loans Credit Union 164,00 1,968,00 Miscellaneous Household Help Child Care ' PapersIBookslMagazines Entertainment 16,67 200,04 Pay TV 26,00 312,00 I' I MONTHLY YEARLY Vacation 250,00 3,000.00 Gifts 83.34 1,000,08 Legal Fees 200,00 2,400,00 Charitable Contribution Other Child Support 210,00 2,520,00 Alimony Payments OTHER: Pets 50,00 600,00 TOTAL EXPENSES $2,398,59 $28,783,08 PROPERTY OWNED: Ownershio. DescriDtiDn ~ H W l Cheddng Accounts Belco $1,000,00 X Savings Accounts Belco 500,00 X Credit Union StocksIBDnds Real Estate Other TOTAL DUPLICATE STATEME~T THE CENTRAL PENNSYLVANIA TEM4STERS DEFINED BENEFIT PLAN 1055 SPRING STREET WYOMISSING, PA 19610 MAILING ADDRESS: P,O. BOX 15223 READING, PA 19612-5223 1998 ESTIMATED EMPLOYEE BENEFIT STATEMENT 5/04/99 POFF RONALD L 225 8TH ST NW CUMBERLAND PA 17070-1606 SOCIAL SECURITY 186-50-4056 1. BIRTH DATE - 9/29/60 2. SPOUSE NAME - KIM M 3. SPOUSE BIRTH DATE - 8/15/62 4, SPOUSE SOCIAL SECURITY NO, - 167-58-6239 5. REPORTED DATE OF HIRE - 4/04/84 6. AGE WHEN HIRED - 23 7, VESTED STATUS - 100% VESTED 8, DEFINED BENEFIT PLAN LEVEL - I 9, LAST CONTRIBUTING EMPLOYER - ARKANSAS BEST FREIGHT SYS INC 10. STATEMENT REFLECTS BENEFITS ACCRUED T~ROUGH - 12/31/1986 11. ESTIMATED NORMAL RETIREMENT DATE - 10/01/2017 12, TOTAL ACCRUED BENEFITS VESTING SERVICE BENEFIT SERVICE BENEFIT EARNED THROUGH 12/31/1998 THROUGH RIP START 15 YEARS 3 YEARS $91.26 THIS STATEMENT IS AN ESTIMATE OF YOUR ACCRUED BENEFITL PAYABLE IN THE FORM OF A SINGLE LIFE ANNUITY AT NORMAL RETIREMENT AG~. IT IS SUBJECT TO VERIFICATION AT THE TIME OF RETIREMENT, AND DOES NOT TAKE INTO ACCOUNT THE EFFECT OF RECIPROCAL PENSIONS, THE BENEFIT LEVEL LISTED ABOVE ASSUMES THAT YOU WORKED AT LEAST 1LOOO HOURS AT THAT LEVEL DURING YOUR LAST YEAR OF PARTICIPATION UNDER TH~ DEFINED BENEFIT PLAN, ~ STATEMENT OF ACCOUNT Pag. 1 r r BEL CO :c MAIN OFFICE: 403 N, 2nd SlrMl P.O. Box 82 Hantslu9. PA 17108 .i~""':'':--' tW.::" ~ ~"""'\:',i';:~~ : ",r ",,1lt!1~~~T',~,t~';~;,t.~;.. ~", ~1.!~~~.T.~'ai~;':. 2 0 OO,lI~;;:,~;c-;rlti:i;~ I) !I,~M:a'~S~_W,I,N;',V2KASH r.J;lIlAW lli~;::,~r- !;9.~J~s:r;. R UN S'~ SE ~ T_~ ",B r;,'tt1:; ~~~~.\I/';,; , )~.C~~,B,E~ ,31"; CAlt:,:;~[)R:::.Joil,(;'lf'f~~f:!' E~~ SER,T.\:FOR DET~Il:~.!"l',~ ' I ~ ~~lr~t\:\.;.,'~:!j'j,j'~~;'J':':'.h..!: ..J.'?.:lrJ'~' . RONALD POFF 225 8TH ST NEW CUMBERLAND PA 17070-1606 JOINT OWNERS KIM M, POFF * 0801 PREVIOUS BALANCE Sl-PRIMARY SHARES 251 DaDs * PREAUTHORIZED AUTO TRANSF 743020 12000 1451 0806 * PREAUTHORIZED AUTO TRANSF -12000 251 0812 * PREAUTHORIZED AUTO TRANSF 743020 12000 1451 0813 * PREAUTHORIZED AUTO TRANSF -12000 251 oa19 * PREAUTHORIZED AUTO TRANSF 743020 12000 1451 oa20 * PREAUTHORIZED AUTO TRANSF -12000 251 oa26 CHARGE - COpy OF STATE MEN - 00 211 oa26 * PREAUTHORIZED AUTO TRANSF 743020 12000 1411 oa27 * PREAUTHORIZED AUTO TRANSF -12000 211 0831 NEW BALANCE 211 PREVIOUS BALANCE l2 108/120 l:I..ll. FIXED * PREAUTHORIZED AUTO TRANSF 10 * PREAUTHORIZED AUTO TRANSF 10 * PRE AUTHORIZED AUTO TRANSF 10 * PREAUTHORIZED AUTO TRANSF 10 NEW BALANCE-PERIODIC RATE,021233% >> ANNUAL PERCENTAGE RATE 7.750% << ** NEXT PAYMENT DUE , lIllO/DO MINIMUM 91.3 . TOTAL DIVIDEND YEAR. TO-DATE or II IWing1 IX"",1 \IIA. llMlond........ ~110..._ wlIbo .~ \:"U: c:.";., \~ R..... ~ .'.IIWn,r'TI:C: I:CC~ 0,14 TOTAL AMANCE CHARGE YEAR. TO. DATE I... .. ....., 732,20 NOTICE: SM reYIn. sIdo for ~l illlll1llldon, r~ ,,, 'J , ':J . :, .- ) -, '1 ~ , ',) I .... ':, , _"I!") -':1 -j " ,'.",) ~ J . ,,, ~' - , -, :',J ~ .oJ -< t' INVENTORY OF KIM F, POFF, DEFENDANT Defendant files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Defendant verifies that the statements made in this Inventory are true and correct. Defendant understands that false statements herein are made subject to the penallles of 18 Pa.C.S, ~904 relating to unswom falsification to authorities. ,/~ // Date: f.c11-/~ ~ ~ Kim F, Poff, D endant Submitted by, JOHNSON, DUFFIE, STEWART & WEIDNER BY: lAJ elrsten W. Davidson Attomey 1.0. #78243 301 Market Street P,O. Box 109 Lemoyne, PA 17043.()109 (717) 761-4540 Attomeys for Defendant :126014 \ 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. (X) 1. (X) 2. ( ) 3. ( ) 4. (X) 5. (X) 6. ( ) 7, ( ) 8. ( ) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17. (X) 18. (X) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. ( ) 24. ( ) 25. (X) 26. Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life Insurance policies (Indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, Inventions, royalties Personal property outside the home Businesses (list all owners, Including percentage of ownership, and office/director positions held by a party with a company) Employment termination benefits-severance pay, worker's compensation claim/award Profit sharing plans Pension plans (Indicate employee contribution and date plan vests) Retirement plans. Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MllitaryNA benefits Education benefits Debts due, Including loans, mortgages held Household fumishings and personalty (Include as a total category and allach Itemized list If distribution of such assets is in dispute) Other LIABILITIES OF PARTIES Defendant marks on the list below those Items applicable to the case at bar and itemizes the liabilities on the following pages; ~ \, SECURED (X) 1. Mortgages ( ) 2. Judgments ( ) 3, Liens ( ) 4. Other secured liabilities UNSECURED ( ) 5. Credit card balances ( ) 6. Purchases ( ) 7. Loan Payments ( ) 8. Notes payable ( ) 9. Other unsecured liabilities CONTINGENT OR DEFERRED ( ) 10. Contracts or agreements ( ) 11. Promissory Notes ( ) 12. Lawsuits ( ) 13. Options ( ) 14. Taxes ( ) 15. Other contingent or deferred liabilities EXHIBIT "A-1" APPRAISEMENT STA TEMENT ASSETS 1. The parties are joint owners as tenants by the entireties of the marital home located at 225 Eighth Street, New Cumberland, Cumberland County, Pennsylvania, The home was purchased In 1987 for approximately $47,000.00. WIFE estimates the current fair market value to be approximately $65,000.00. At separation (10/31/96), the mortgage payoff amount was $25,459.53. 2a. There was a 1983 Chevrolet Truck titled jointly, which vehicle WIFE drove. In December 1998, with the knowledge and consent of HUSBAND, WIFE traded this vehicle In for a 1988 Chevrolet Beretta and received $1,800.00 2b. There Is a 1994 Ford Thunderbird titled In HUSBAND's name. The value of the vehicle at separation (10/31/96) was approximately $7,500.00. 5. There was a joint checking account with BELCO Federal Credit Union, which has been divided to the parties' mutual satisfaction. 6, There was a joint savings account with BELCO Federal Credit Union, which has been divided to the parties' mutual satisfaction. 18. HUSBAND has a 401(k) Retirement Plan through his employer, All Information regarding this asset Is In HUSBAND's possession. 19. HUSBAND has a Defined Benefit Plan through his employer. All information regarding this asset Is In HUSBAND's possession. 26. There Is an Outdoor World Camping Vacation Package which Is jointly owned by the parties, The parties purchased this Package in excess of 10 years ago for $8,000.00, Annual membership dues are $300,00 :126016 Page 1 of I J . . click here, \ II :r. _If If If VALUE ISO $375 13SO If you need help with searching, ~~lllil. Before using the car price guide, please read this disclaimer. e.lf'. t;. )Hlel,', 'lHJ.lJl.i, HV'~, Uo.lb .Inl! IIHlIl" Make: IFORO 11~9~~(?R.~~~"I"~~S-p.C" ",_,,_ ITHUNOERBIRO-V6.AT/5Spd,-RWD I~Cl~pe 2~ ~ _ _______ Year: Se,188: Body Sty18: Options: OPTIONS r r r Leather Seata Power Sunroof VB Englnl Acceplllble Mileage:, 16~UUU .. 10UOO Low Retail 1&_3~.:__-.-J Average Retail p&~u . NIWSllreII.J . v=~l:ro.J ~ Ia.w. ,=, c~j High Re,tall I~uu Let us knowl guldelnfol1llnada,com N,A,O,A, Official Used Car Guide Consumer Edition, Summer 1999 Copyright 1999, All Rights Reserved htlp:llwww.nada.comlusedcarguidclmain.asp 8/30/99 I .' t EXHIBIT liB" l " Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-270 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RONALD L. POFF, v. KIM M. POFF, Defendant INCOME AND EXPENSE STA TEMENT OF KIM M. POFF, DEFENDANT I verify that the statements made In this Income and Expense Statement are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsification to authorities. Date: P /7- if 7 6&2, Submitted by, JOHNSON, DUFFIE, STEWART & WEIDNER BY:~L0,~ Keirsten W. Davidson 301 Market Street Post Office Box 109 Lemoyne, Pennsylvania 17043 (717) 761-4540 Attorneys for Defendant INCOMB. (a) Wages/Salary Employer & Address: Weis Markets, 10" and Lowther, Camp Hill Job Title/Description: 3'. Person Pay Period (weekly, biweekly, etc.): weekly Oross Pay per Pay Period: $320.00 Payroll Deductions: Federal Withholding $30.91 $19.22 $3.20 $8.68 Social security Local Wage Tax State Income Tax Retirement $ Health Insurance $9.50 Other Ispecify) Life Ins, $.55 $4,49 $9.50 Medicare Medical Ins, Net Pay per Pay Period: $233,95 / wk, $1,013.00 / me, (b) Other Income Month Interest/Dividends $ Pension/Annuity $ Social security $ Rents/Royalties $ Expense Account $ Oifts $ unemployment Compensation $ Workmen's Compensation $ Total, Other Income $200.00 child support Personal Clothing Food Other (household supplies, barber, etc,) Credit Payments and Loans Miscellaneous Household help/child care Entertainment (inc. papers, books, vacation, pay TV, etc.) Gifts/Charitable contributions Legal Fees Child support/alimony payments (support) Other (specify) Total Expenses PROPBRTY OWNBD Description Checking accounts Savings accounts Harris Harris Credit Union Stocks/Bonds Real Estate Other Total, Property $60,00 $200,00 $15,00 $ $40,00 summer weeks only $160.00 $ $50,00 $ $ $ $1,470,00 Ownership. Value H W J $250.00 X $2,800,00 X $ $ $ $ $ Taxable Income . 199B Form 1040A page 2 19 Enter the emount from line 18. .CJ ,\ U ')1 :J. I . , :'). .. \' , ..~) Tax, credits, and payments Refund Havo It directly deposited! Seo pago 43 end fill In 41b, 41c. end 41d. Amount you owe Sign here Joint relum? Seo pago 19. Keep a copy for our records. Paid preparer's use only Check {D You wern 65 or older 0 Blind } Enter number 01 If: 0 Spoule was 65 or older 0 Blind boxel checked ~ b If you are married filing separately and your spouse itemizes deductions, see page 30 and check here . . . . . . . ~ 20b 0 Enter tha standard deduction for your filing status. But see page 31 If you checked any box on line 20a or 20b OR If someone can claim you as a dependent. . Slng10-$4,250 . Married filing jointly or Qualifying widow(erH7,100 . Head of hOlJsehold-$6,250 . Married filln se aratel -$3,550 21 Subtract line 21 from line 19. If line 211s more than line 19 enter -0-. 22 Multi I $2 700 b the total number of exem tlons claimed on line 6d. 23 Subtract line 23 from line 22. If line 23 Is more than line 22, enter -0-. , This Is our taxable Income. ~ 24 Find the tax on the amount on line 24 see a e 31 . 25 Credit for child and dependent care expenses. Attach Schedule 2. Credit for the elderly or the disabled. Attach Schedule 3. 27 Child tax credit see a e 32 . 28 Education credits. Attach Form 8863. 29 Ado tion credit. Attach Form 8839. 30 Add lines 26 t rou h 30. These are our total credits. Subtract line 31 from line 25. If line 31 is more than line 25, enter -0-. Advance earned Income credit a ments from Form s W-2. Add lines 32 and 33. This Is our total tax. Total Federal income tax withheld from Forms W-2 and 1099. 1998 estimated tax payments and amount a lied from 1997 return. Earned income credit. Attach Schedule EIG if ou have a uall Nontaxable earned Income: amount ~ and type ~ Additional child tax credit. Attach Form 8812. 38 Add lines 35 36 37a and 38. These are our total a ents. If line 39 is more than line 34, subtract line 34 from line 39. This is the amount au ove ald. Amount of line 40 au want refunded to you. Routing [[[]]]]]]] number c Type: 0 Checking 0 Savings Account number Amount of line 40 you want applied to your 1999 estimated tax. 42 If line 34 is more than line 39, subtract line 39 from line 34. this is the amount au owe. For details on how to a see a e 44. Estimated tax enal see a e 44 . 44 Under penalties of perjury, I declare thai I have examined this relurn and ICCOfTll6OYlng schedules and atatements, and to the best of my knowledge and belief. they are lrue, correct, and accurately list all amounts and sources 01 Income I recelvtd during the tax yur. 0tclaratI00 or pre parer (other an the r) is based on alllnformallon of which the pt'eparer has arry kno'lf1edge. Your signal Dale Your occupatlon Day1im1le1ephone number foptiOnal) 20a 20aO 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37a b 38 39 40 41a b d 42 43 44 26 31 32 33 ~ 34 35 36 child. 37a ~ 39 ~ Dale Spouse's occupation Preparer', ~ signature , Firm's name (or your, If sell-emplOyed) and address Oate Check II Ml1 ~ . 19 I~ 000 00 40 41a 43 I p,,,,,,Il'.1OCOII.0CIIllyno. o EIN : ZIP code '-' ..? "\ C '" .,. ~:~ t- , ~. l."::: - ~., dl. D)! r'- , -:~; ;.' N 'n .';-J c/; , -( ~ :~~ ~L~ ~ }".C' ;() . C ;:;111 ~* L. :::t '/ ~) "r:a :.'4 :.0 -< \0 ..;; . RONALD L. POFF. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. (') '.n () : NO. 97-270 ,Oo ", . " i;:"; ...') I ", CIVIL ACTION - LAW !;. " , ; ~TJ i ,'"1 IN DIVORCE .. '~J ~ '(', r .~. ,-, .U . . t'; ~ .~ - 'J PLAINTIFF'S PRE.TRlAL STATEMENT ~ .~' ,") ;'( . ":! ,._,;(1 .' .~ =< -.' .1... <.0 ~~J ..; KIM M. POFF, Defendant Date of Marriage: Date of Separation: Divorce Complaint filing date: June 20. 1987 October 3 I. 1996 January 16. 1997 1. ASSETS A. Marital Property Assets VoluelDote of Voluotlon Non-Morital L1ensl Portion Encumbrances I. Increase in value of To Be Determined Yes BELCO Federal Marital Home located at: Credit Union 225 Eighth Street New Cumberland, PA 2. 1994 Ford Thunderbird To Be Determ ined No No (Paid offby H) 3. 1983 Chevrolet Truck S l,800lUnknown No No 4. Joint Checking Account Varied! Divided upon Yes No with BELCO Federal separation (not divided 10 H's Credit Union satisfaction) . Am!! ValuelDate or Valuation Non-Marllal Liens! Portion En~umbron~es 5. Joint Savings A~coUnl Varied! Divided upon Yes No with BELCO Federal separation (not divided 10 H's Credit Union satisfaction) 6. Relirement Income Plan 6/30/99: S 139,275.03 Yes No (H) 7. Outdoor World Camping Yearly: 5379 No No Vacation Package B. Non-marital Property Assets ValuelDate or Valuation LienslEncumbronees I. Marilal Home located at: 225 Eighth Street New Cumberland, PA To Be Detennined BELCO Federal Credit Union 2. Defined Benefit Plan (H) S91.26 No 2. EXPERT WITNESSES Plaintiff knows of no expen wimesses at this time. However, Plaintiff reserves the right to supplement this answer should such become available. . 3. NON-EXPERT WITNESSES Plaintiff knows of no non-expert wimess at this time with exception to the parties. However. Plaintiff reserves the right to supplement this answer should such become available. 4. EXHIBITS (a). Plaintiffs Inventory (Exhibit "A"). (b). Plaintiffs Income and Expense Statement (Exhibit "B"). (c). Deed to the property located at 225 Eighth Street >1ew Cumberland, PA 17070. (To Be Provided). (d). Plaintiff reserves the right to supplement the list of exhibits should additional exhibits become necessary. 5. GROSS INCOMEINET INCOME A. Plaintiff - See Income and Expense Statement. (Exhibit "B"). B. Defendant - See Defendant's Income and Expense Statement. 6. EXPENSES A. Plaintiff - See Income and Expense Statement. (Exhibit "B"). B. Defendant - See Defendant's Income and Expense Statement. 7. PENSIONSIRETIREMENT A. Plaintiff - The Defmed Benefit Plan of H has a value of $91.26 as valued on May 4, 1999. The total value is non-marital. The value is derived from the Teamster's Defmed Benefit Plan Statement attached hereto as Exhibit "C". The Retirement Income Plan of H has a value of $139,275.03 as valued on June 30, 1999. The value is derived from the letter of Richard R. Weiler, Pension Benefits Manager, attached hereto as Exhibit "D". B. Defendant - None. 10. MARITAL DEBTS Marital Debt Amount as of Dale Incurred Initial Amount AmountJDale Evidence DOS and Puroose ofPavment I. BELCO roBe 1992 525.000 for 591J9/Month Slatement Mortgage Detenn ined payment of attached as Mortgage Exhibit"E" 11. PROPOSED RESOLUTION Plaintiff proposes a SO/50 split of the marital assets. Plaintiff will retain all non-marital propeny owned by him, including the Marital Home. Respectfully submined. JAMES, SMITH, DU /; (" - C- Date: I - / '/ - I -; - John ~connel1Y, ., Esquire \ '0 An~ or Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-328 PA 1.0. No. 15615 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. If an item has been appraised, a copy of the appraisal report is attached. (l<l 1. Real property 00 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) (14 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (l<l 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 00 26. Other MARITAL PROPERTY PlaintitT lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION NAMES OF ALL OF PROPERTY OWNERS - Increase in value of Marital I. Home located at 225 Eighth Ronald L. PotT Street. New Cumberland, PA 2. - 1994 Ford Thunderbird Joint 2. - 1983 Chevrolet Truck Joint (Sold by W) 5. - BELCO Checking Account Joint (Not divided to parties satisfaction) 6. - BELCO Savings Account Joint (Not divided to parties satisfaction) 19. - Teamster's Retirement Ronald L. PotT Income Plan 25. - Furniture and other items of Joint parties' son as listed in Plaintiff's Pre-Trial Statement 26. - Outdoor World Vacation Joint Package NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION I. - Marital Home located at 225 Purchased prior to marriage by Eighth Street, New sole owner, Ronald L. Poff Cumberland. P A 17070 5. o BELCO Checking Account Gift to Plaintiff from his ($\,800 from Plaintiffs Mother Mother) 6. o BELCO Savings Account Gift to Plaintiff from his ($1,800 from Plaintiffs Mother Mother) 19. . Teamster's Defined Benefit Acquired prior to marriage Plan LIABILITIES OF PARTIES (X) Plaintiff ( ) Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page. SECURED I I J r I ': I (X) 1. Mortgages ( ) 2. Judgment ( ) 3. Liens ( ) 4. other secured liabilities UNSECURED ( ) 5. Credit card balances ( ) 6. Purchases ( ) 7. Loan payments ( ) B. Notes payable ( ) 9. other unsecured liabilities CONTINGENT OR DEFERRED ( ) 10. Contracts or Agreements ( ) 11. Promissory notes ( ) 12. Lawsuits ( ) 13. Options ( ) 14. Taxes ( ) 15. Other contingent or deferred liabilities r ~ ~; - , TIDS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaries by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME AND EXPENSE STATEMENT OF: RONALD L. POFF INCOME Employer: ABF Freight System, Inc. Address: 225 8'" Street, New Cumberland, P A 17070 Type of Work: Freight Pay Period (weekly, biweekly, etc.): Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax Weekly $602.24 State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Unemployment Tax Net Pay per Pay Period: 132.49 48.18 6.02 18.Q7 39.00 $358.48 MONTHLY YEARLY OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Accounts Gifts Unemployment Camp. Worker's Camp. Alimony Child Support TOTAL NET INCOME $358.48 MONTHLY VEARL Y EXPENSES Home S 91.39 SI,096.68 MortgagelRent Maintenance Utilities Electtic 80.00 960.00 Gas 120.00 1,440.00 Oil Telephone 30.00 360.00 Water 30.00 360.00 Sewer 30.00 360.00 Employment Public Transportation Lunch 90.00 1,080.00 Taxes Real Estate S 62.50 S 750.00 Personal Property Income Insurance Homeowners 15.75 189.00 Automobile 100.67 1,208.04 Life Accident Health Other Automobile Payments Fuel 100.00 1,200.00 Repairs 8.34 100.08 MONTHLY ~ARLY Medical Doctor 16.67 200.04 Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces,orthopecUc devices) Education Private School 398.34 3,700.08 Parochial School College Religious Personal Clothing S 50.00 S 600.00 Food 80.00 960.00 Barber/Hairdresser 10.00 120.00 Credit Payments 50.00 600.00 Charge Accounts Memberships 34.92 _419.04 Loans Credit Union 164.00 1,968.00 Miscellaneous Household Help Child Care PapersIBookslMagazines Entertainment 16.67 200.04 Pay TV 26.00 312.00 MONTHLY YEARLY Vacation 250.00 3,000.00 Gifts 83.34 1,000.08 Legal Fees 200.00 2,400.00 Charitable Contribution Other Child Support 210.00 2,520.00 Alimony Payments OTHER: Pets 50.00 600.00 TOTAL EXPENSES $2,398.59 $28,783.08 PROPERTY OWNED: Ownership. Descriotion Value H WI Checking Accounts Belco SI,ooO.OO X Savings Accounts Belco 500.00 X Credit Union StocksIBonds Real Estate Other TOTAL EXHIBIT "c" STATEMENT OF ACCOUNT Pavs r BELCO r:;. MAIN OFFICE: 403 N. 2nd SIIIIl P,O. 80x U HanIIN9. PA III OS 1 "...:r.-' ~tl;;-r~ "'(~~B"~ ct:tti!iJ. :fH;:,:.2(iDO:l.'I;f!;'".J.:'J.~ . .. ~ -'l;@:~~:~lN~~Y~ICASii{i;i~~I. ~.'.&~ (IN:"IE~RUNS7iSEPTeKBE. . iieEKBeRi:,31';"'CAit~--'O'Ii..~~~' ' : . ......~~. ~..... . ':' .,."...,~.\'t. . !:;! SER,T>.:;r;OR'. :D~"fA r~. . 1.. \ ~~~:'.\""" "~.II.,... ,~...:, ".~.~, ~~, ~..h...."":1 ~ ...... ! i RONALD POFF 225 8TH ST NEW CUHBERLAND PA 17070-1606 JOINT OWNERS KIH H. POFF . 0801 PREVIOUS BALANCE Sl-PRIHARY SHARES 251 0805 * PREAUTHORIZED AUTO TRANSF 743020 1451 0806 * PREAUTHORIZED AUTO TRANSF 251 0812 * PREAUTHORIZED AUTO TRANSF 743020 1451 0813 * PREAUTHORIZED AUTO TRANSF 251 0819 1I PREAUTHORIZED AUTO TRANSF 743020 1451 0820 1I PREAUTHORIZED AUTO TRANSF 251 0826 CHARGE - COPY OF STATE HEN 211 0826 1I PREAUTHORIZED AUTO TRANSF 743020 1411 i 0827 1I PREAUTHORIZED AUTO TRANSF 211 0831 NEW BALANCE 211 I PREVIOUS BALANCE ~ 108/120 l:IJl. 'F rXED 1196810 1I PREAUTHORIZED AUTO TRANSF 10 21 11865~ 1I PREAUTHORIZED AUTO TRANSF 10 36 11763 * PREAUTHORIZED AUTO TRANSF 10 52 116609: * PREAUTHORIZED AUTO TRANSF 10 6 11558 NEW 8ALANCE-PERIODIC RATE.021233" 1155812 >> ANNUAL PERCENTAGE RATE 7.750" << 91.13 *1I NEXT PAYHENT DUE 11110/00 INIHUH A Tf llTAL DIVIDEND YEAR- TO-DATE . "II II'M;s .... IftA. '\= to":;:n. Hll 011' .....s:: foi ltis ...... "'...... RIV8lIl8 ..... :":.INnlraT~C: ~"~. 0.14 TOTAl ANANCf CHARGE YWl. TO. DATE far a11oans. 732.20 NOnCE: S.. rwvona sidI far ~ ii_don. n c:J t"J , (,::..' "' ~"'; -. .,'i' . 'J ;:.. . ~ "'] ~:Z:~ -0: :1,; :;: ;'~ I. I j,? l. l.l . Ct;) -, I:":C:: I... :-':. .-. '11 L..( . . 1*: f.. .- N r)~ ." ~ .. '.-1 ,- ",1 lJl ~ ..... RONALD L. POFF, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97 - 270 CIVIL KIM M. POFF, Defendant IN DIVORCE ORDER OF COURT AND NOW, '" this ~ day Of~ 2000, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on April 27, 2000, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: John J. Connelly, Jr. Attorney for Plaintiff . Hoff r, y' t :.;) ~O ~V 1-~~? Keirsten W. Davidson Attorney for Defendant ,I " I' I f f( Both children are living with the Defendant mother. After negotiations this morning, the Master has been advised that the parties have reached an agreement with respect to the claim of equitable distribution. The agreement is going to be placed on the record in the presence of counsel and the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be during the transcription. After the agreement has been transcribed, it will be sent to counsel to review for typographical errors, corrections will be made as required, and then the parties and counsel will be asked to sign the agreement. The signing by the parties of the agreement will be an affirmation of the terms of settlement as placed on the record at this time. The parties will be bound by the agreement upon statement of the agreement on the record even if the agreement is not subsequently affirmed by signature. After the Master has received the agreement from counsel and the parties, he will prepare an order vacating his appointment so that counsel can prepare a praecipe transmitting the record to the Court requesting that the Court enter a final decree in divorce. Mr. Connelly. MR. CONNELLY: The parties have reached the following agreement on equitable distribution: 1. The Plaintiff will retain as his sole and separate property the real estate located 225 Eighth Street, New Cumberland, Pennsylvania, which was acquired by him prior to marriage. Within 90 days of today's date he will satisfy the obligation to BELCO Federal Credit Union and will borrow funds necessary to pay to wife the sum of $15,000.00 in partial satisfaction of her equitable distribution claims. It is acknowledged today that the property located at 225 Eighth Street, New Cumber13~d, Pennsylvania, is 0wned by husband individually and no other documents will be required other than this agreement to clear title to that property. 2. Husband will rollover, pursuant to a Qualified Domestic Relations Order, the sum of $31,000.00 from his Central Pennsylvania Teamsters Retirement Income Plan. The said Qualified Domestic Relations Order shall be prepared at the direction of wife's counsel and shall be submitted for review and finalization promptly. 3. All other property of the parties shall remain their sole and separate property to the extent the property is in that parties' possession. This includes a 1994 Ford Thunderbird which will be retained by husband and a 1983 Chevrolet truck which was traded by wife. The parties have already divided their bank accounts to their satisfaction. 4. Husband will retain the remainder of the Central Pennsylvania Teamster Retirement Income Plan not specifically provided for herein and will also retain sole ownership of his defined benefit plan with the Teamsters which was acquired prior to the marriage of the parties. 5. Husband shall also retain as his sole and separate property the Outdoor World camping vacation package along with any debts accrued under the said package. Wife agrees that she will execute any documents necessary to transfer ownership either to husband or to a third party at husband's request. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital Plaintiff Ronald L Poff v. Defendant Kim M. Polf In The Court Of Common Pleas Of Cumberland County, Pennsylvania Docket No. 97.270 In Divorce QUALIFIED DOMESTIC RELATIONS ORDEB AND NOW, this I')' day of Od-c" c... set forth below In Items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED In Items six through twenty.one: ,20a> ,based on the findings 1. Parties: The parties hereto were husband and wife, and a divorce action is In this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on June 20, 1967. 2. Participant Information: The name, last known address, social security number, and date of birth of the plan 'Participant' are: Name: Ronald L Poff ("Participant') Address: 225 6th Street, New Cumberland, Pennsylvania 17070 Social Security Number: #166-50-4056 Birth Date: September 29, 1960 3. Alternate Payee Information: The name, last known address, social security number, and date of birth of the "Altemate Payee" are: Name: Kim M. Polf ("Altemate Payee") Address: 316 Geary Avenue, New Cumberland, Pennsylvania 17070 Social Security Number: #167-56-6239 Birth Date: August 15, 1962 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes In her mailing address subsequent to the entry of this Order. 4. Plan Name: TIle name of the Plan to which this Order applies is the Central Pennsylvania Teamsters Pension Fund, and more specifically the Retirement Income Plan account held within this Plan (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Altemate Payee's rights as stipulated under this Order. 5. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Altemate Payee's right to receive a portion of the Participant's benefits payable under an emplorer-sponsored defined contribution pension plan that is qualified under Section 401 0 the Intemal Revenue Code (the "Code') and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414 (p) of the DRAFTED: 9/20/00 05-17.00.174.1364Q Code and Section 206(d)(3) of ERISA and the Retirement Equity Act of 1984, P.L. 98- 397 6. Pursuant tl) State Domestic Relations Law: This Order Is entered pursuant to the authority granted In the applicable domestic relations laws of Pennsylvania. 7. For Provisions of Marital Property RIghts: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alt6mate Payee. B. Amount of Alternate Payee's Benefft: This Order assigns to the Alternate Payee an amount equal to thirty-One Thousand Dollars ($31,000.00) from the Participant's Total Account Balance accumulated under the Retirement Income Plan. The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts and/or investment funds maintained under the Retirement Income Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable Account(s) established on behalf of the Altemate Payee. This Account(s) willlnilially be established in the same fund mix percentages as the Participant maintains in his account. 9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, her benefils shall be paid to her as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date pennilted under the terms of the Plan or Section 414(p) of the Internal Revenue Code, if later. Benefits will be payable to the Altemate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, including, but not limited to, a single lump-sum cash payment, and excluding a joint and survivor annuity. 10. Alternate Payee's Rights and Privileges: On and after the date that this Order Is deemed to be a Qualified Domestic Relations Order, but before the Altemate Payee receives her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted underthe provisions of the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to her receiving the full amount of benefits called for under this Order and under the benefrt option chosen by the Altemate Payee, such Altemate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designation, her estate), shall receive the remainder of any unpaid benefits under the terms of this Order. 12. Death of Participant: In the event that the Participant dies prior to the establishment of separate account(s) in the name of the Altemate Payee, such Altemate Payee shall be treated as the surviVing spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of her benefits as called for under Paragraph 8 of this Order. Should the Participant predecease the Altemate Payee after the newaccount(s) have been established on her behalf, such Participant's death shall In no way affect the Alternate Payee's right to the portion of her benefits as stipulated herein. DRAFTED: 9/20/00 05-'7.00.174.'364Q 13. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: to provide any type or form of benefit option not otherwise provided under the terms of the Plan; to require the Plan to provide increased benefits determined on the basis of actuarial value; or to require the payment of any benefits to the Alternate Payee which are required to be paid to another altemate payee under another order that was previously deemed to be a OORO. to make any payment or take any action which Is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Altemate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. (a) (b) (c) (d) 15. Continued Qualified Status of Order: It is the Intention of the parties that this OORO continue to qualify as a OORO under Section 414(p) of the Internal Revenue Code, as tt may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Altemate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 17. Constructive Receipt: In the event that the Pian Trustee Inadvertently pays to the Participant any beneftts that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit paxments, and shall forthwith pay such amounts so received directly to the Alternate Payee Within ten (10) days of receipt. In the event that the Plan Trustee Inadvertently pays to the Altemate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Altemate Payee shall Immediately reimburse the Participant to the extent that the Altemate Payee has received such benefit payments, and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein, including, but not limited to, the recharacterlzatlon thereof as a division of benefits under another plan, as applicable, or to make an award of disability benefits that DRAFTED: 9/20/00 05.17-00-174-1364Q Both children are living with the Defendant mother. After negotiations this morning, the Master has been advised that the parties have reached an agreement with respect to the claim of equitable distribution. The agreement is going to be placed on the record in the presence of counsel and the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be during the transcription. After the agreement has been transcribed, it will be sent to counsel to review for typographical errors, corrections will be made as required, and then the parties and counsel will be asked to sign the agreement. The signing by the parties of the agreement will be an affirmation of the terms of settlement as placed on the record at this time. The parties will be bound by the agreement upon statement of the agreement on the record even if the agreement is not subsequently affirmed by signature. After the Master has received the agreement from counsel and the parties, he will prepare an order vacating his appointment so that counsel can prepare a praecipe transmitting the record to the Court requesting that the Court enter a final decree in divorce. Mr. Connelly. MR. CONNELLY: The parties have reached the following agreement on equitable distribution: 1. The Plaintiff will retain as his sole and separate property the real estate located 225 Eighth Street, New Cumberland, Pennsylvania, which was acquired by him prior to marriage. Within 90 days of today's date he will satisfy the obligation to BELCO Federal Credit Union and will borrow funds necessary to pay to wife the sum of $15,000.00 in partial satisfaction of her equitable distribution claims. It is acknowledged today that the property located at 225 Eighth Street, New Cumber1a~d, Pennsylvania, is 0wned by husband individually and no other documents will be required other than this agreement to clear title to that property. 2. Husband will rollover, pursuant to a Qualified Domestic Relations Order, the sum of $31,000.00 from his Central Pennsylvania Teamsters Retirement Income Plan. The said Qualified Domestic Relations Order shall be prepared at the direction of wife's counsel and shall be submitted for review and finalization promptly. 3. All other property of the parties shall remain their sole and separate property to the extent the property is in that parties' possession. This includes a 1994 Ford Thunderbird which will be retained by husband and a 1983 Chevrolet truck which was traded by wife. The parties have already divided their bank accounts to their satisfaction, 4. Husband will retain the remainder of the Central Pennsylvania Teamster Retirement Income Plan not specifically provided for herein and will also retain sole ownership of his defined benefit plan with the Teamsters which was acquired prior to the marriage of the parties. 5. Husband shall also retain as his sole and separate property the Outdoor World camping vacation package along with any debts accrued under the said package. Wife agrees that she will execute any documents necessary to transfer ownership either to husband or to a third party at husband's request. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . RONALD L. POFF, Plaintiff No. 97 - 270 CIVIL TERM . VERSUS . KIM M. POFF. . . Defendant DECREE IN DIVORCE AND NOW, f/7 /0'" , ,~ ,IT IS ORDERED AND DECREED THAT Ronald L. Poff . PI-AI NTIF'F'. AND Kim M. Poff . DEFENDANT. . t ~ ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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 . . . . BY THE COU~~_d__ ATTEST: J. t~ P'O,"ONO'''' . +........+........:.c:{~~~:~4.~<~~+~.+ ~ , ,: I II " " 'I \,i J I iH " CLEARY & JOSEM LLP JOUPH T. CLEARV. WIL.L.IAM T. JOIE"". MARILYN T. JAMAIN RfGIN... c. HERTZla' JEREMY E. MEYERt ATTORNEYS AND COUNSELL.ORS AT LAW SUITE 300 1420 WALNUT STREf:T PHILADEL.PHIA, PENNSYLVANIA 18102'4087 N(W JERUY OFFICE 450 TILTON ROAD, IUlTE 220 NORTH',ELD, NEW JERSEy 08225 (80D) 401'0222 'AX UICD) 40.-0BD7 . ""'M .._n"... ... _".... .'.11..., ...H.._n.........If;.... (215) 73!HaOgg 'AX (2151 DB15'1l51S0 J:/~' CSlv~ OCr lJ Os '1 S JOlt, lOOg rct:'-41~':'O/~ _ ", i:,,' ,)i '''' . "(1) ,;-:::r1i: 'YC'l'lA, 'V',I:f:/ October 2, 2000 John J. Connelly, Jr. Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, Pa 17033 Keirsten W. Davidson, Esquire 30 I Market Street P.O. Box 109 Lemoyne, PA 17043-0109 RE: Central Pennsylvania Teamsters Pension Fund Poffv. Poff, Domestic Relations Order Participant: Ronald L. Poff, SS# 186-50-4056 Alternate Pavee: Kim M. Poff, SS# 167-58-6239 Dear Mr. Connelly and Ms. Davidson: As you know from prior correspondences, this firm represents the Central Pennsylvania Teamsters Pension Fund ("Fund"). The proposed domestic relations order submitted in the above-referenced matter has been referred to me for review. I am writing to advise you that the order, if signed by the appropriate court and submitted to the Fund, would be deemed by the Fund's Trustees a Qualified Domestic Relations Order, as that term is defined in section 414(p) of the Internal Revenue Code of 1986, as amended ("IRC"), and section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The Fund will interpret the provisions of the order as set forth below. .... ..... ; i t.I