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HomeMy WebLinkAbout03-0227 SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 -;/..2 7 CIVIL TERM JOHN W. BARTH, IN DIVORCE DEFENDANT NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - ;<..2 1 CIVIL TERM JOHN W. BARTH, IN DIVORCE DEFENDANT COMPLAINT UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Suzanne F. Barth who resides at 601-0 Mallard Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is John W. Barth who resides at 2534 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 8, 1972 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. CLAIM I C1a~ for Equitab1e Distribution of Marita1 Property 10. Paragraphs 1-9 are incorporated herein by reference hereto. 11. The Plaintiff and Defendant are owners of certain jointly owned property or other property which constitutes marital property. WHEREFORE, Suzanne F. Barth requests this Court to enter an Order equitably dividing or assigning the marital property between the parties. CLAIM II C1a~ for A1~ony, A1~ony Pendente Lite, Spousa1 Support and Attorney Fees 12. Paragraphs 1-11 are incorporated herein by reference hereto. 13. Suzanne F. Barth is without sufficient income and/or assets to support herself or pay attorney fees and is unable to fully support herself through appropriate employment. 14. Suzanne F. Barth requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE Suzanne F. Barth requests this Honorable court to enter an award of reasonable temporary or permanent support, alimony, APL and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter for attorney fees and other costs related to this action. ~~ lb. ~ Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 1- '3.,;l"03 ~~.B~ Suzanne F. Barth r?- N '-" 0 '-", .{, C-- "'"; -...l ~ n ~ ". i Jt n' , "" I l....i ... ""I i ~ ...... <:>" -.() . i " S> v'l e ~ ---, ~..-\ <::)' I -. I '->-l I E 1;;) I) ~ ~ SUZANNE F. BARTH, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2003-227 CIVIL TERM DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE JOHN W. BARTH, PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, John W. Barth. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: February 1L., 2003 Susan Kay Can PA I.D. # 6499 5021 East Trin Suite 100 Mechanicsburg PA 17050 (717) 796-1930 (") c -oeE n'lr-'- -:7 -T L-,..' t;~ _.r,... r:: ;"'.' ~~ c"'... ~" 5t:S -"/ --, c:' C W II ....." ", J:J ~) o '::) ,t="" DR# SUZANNE F. BARTH PLAINTIf'F : IN THE COURT OF COMMON fLEAS OF : CUMBERLAND COUNTY. PEN\NSYL VANIA V JOHN W. BARTH : CIVIL ACTION NO. 2003-0227 DEFENDANT : ORDER OF COURT And now. this _ day of . upon consideration 0 the attached petition for Alimony Pendente Lite and/or counsel fees. it is hereby directed that the arties and their respective counsel appear before - on 1_ at I for a confere~ce. after which the conference officer may recommend that an order foj Alimony Pendente Lite be entered. I You are further ordered to bring to the conference: (1) (2) (3) (4) (5) a true copy of your most recent Federal Income Tax Return. includin W-2's as filed. your pay stubs for the preceding six (6) months the Income and Expense Statement attached to this order. completed as required by Rule 1910.11(c) verification of child care expenses . _I proof of medical coverage which you may have. or may have availa~le to you If you fail to aI'Pear for the conference or bring the required documents, the ~ourt may issue a warrant for you arrest. . BY THE COURT. Harold E. Sheely. President Judge Date of Order: Conference Officer YOU HAVE TIlE RIGHT TO A LAWYER, WHO MAY ATIEND THE CONFEmE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CAi'JNOT AFFO . ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU. Y GET LEGAL HELP. i I I I I Court Administrator Fourth Floor Cumberland County Courthouse Carlisle. Pennsylvania 17013 (717) 240-6200 . AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply wi the Americans with Disabilities Act of 1990. For infonnation about accessible facilities and reasonable accomm tions available to disabled individuals having business before the court, please contact our office. All arrangem nts must be made at least 72 hours prior to any hearing or business before the court. You must attend the schedul conference or hearing. SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF CUMBERLANo CO OMNON PLEAS , PENNSYLVANIA v. NO. 2003 - 0227 CIVIL TERM JOHN W. BARTH, DEFENDANT IN DIVORCE PETITION FOR ALIMONY PENDENTE LI 1. The Petitioner is Suzanne F. Barth who re~ides at 601-D Mallard Road, Camp Hill, Cumberland County, pennSYl~ania 17011. 2. The Respondent is John W. Barth who resides!at 2534 South Market Street, Mechanicsburg, Cumberland County, I Pennsylvania 17055. 3. The Petitioner was born on September 11, !1949 and her social security number is 197-40-8017. 4. The Respondent was born on May 17, 1947 ajct his social o~ January 15, ! security number is 202-36-8958. 5. Petitioner filed a Complaint in Divorce 2003 in which she claimed a right to APL. 6. Respondent was served on or about February 7, 2003 and has not filed a response to the Petitioner's complai t. WHEREFORE, Petitioner requests that Respondent be order to pay her APL as required by the laws of Pennsylvania. i1H D. Thomas D. Gould Attorney for Petit oner I.D. # 36508 2 East Main Street Shiremanstown, PA 7011 (717) 731-1461 VERIFICATION i I verify that the statements made in this Peti~ion are true I and correct. I understand that false statements he~ein are made subject to the penalties of 18 Pa. C.S. 4904, relat~ng to unsworn I falsification to authorities. Date:~ - lo-o3 ~~~.~~ Suzanne F. Barth I i r-:> a ./'9 - o C 'Z -0 ,j-~~ rnf' ;::':,"}. -'\ 'fF" % r-- L 2;( ?- ,'- 71." ~;: --i -'- -J\ S ~ ~ 0. ~ o v:J ........ :::0 ~;t..' o <;(\ , / -'(~ _...:~ r.- - \ N ('1' ...J _L': SUZANNE F. BARTH, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE JOHN W. BARTH, Defendant/Respondent NO. 2003-227 CIVIL TERM IN DIVORCE Pacses# 942105436 ORDER OF COURT AND NOW, this 2nd day of May, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on June 3.2003 at 10:30 A.At. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11<<;:) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 5-2-03 to: Petitioner < Respondent Thomas Gould, Esquire ll...Ll ..:1~.. 1. Shadday, Conference Officer/ ~ .. ,J YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE~~D REPRESENT YOU. 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 MAY GET LEGAL HELP. )1 Date of Order: May 2, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Qt!/~ o Sl C YJ ;c.. "'U CD cP E;l _,- =3; ;~-. . , ~rt t' ~~~... Z.., )>': C. Z ~ en '--r "l"::l-. .:.0 -< In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUZANNE F. BARTH ) Docket Number 03-227 CIVIL Plaintiff ) vs. ) PACSES Case Number 942105436 JOHN W. BARTH ) Defendant ) Other State ID Number ORDER OF COURT You, JOHN W. BARTH plaintiff/defendant of 2534 S MARKET ST, MECHANICSBURG, PA. 17055-5555-34 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 JULY 22, 2003 o n c:: :3:0 co::J::!l "'fT1"" You are further required to bring to the hearing:;~fT1 .en..., I. a true copy of your most recent Federal Income Tax Return, including W_2s,CJ lll\J, n 2. your pay smbs for the preceding six (6) months, _er<1 'Z-_ 3. verification of child care expenses, and ~~ 4, proof of medical coverage which you may have, or may have available to y u '" 5. information relating to professional licenses 6. other: at 1 0 : 3 OAM for a hearing. before a hearing officer of the Domestic Relations Section, on the - N Service Type M Form CM-509 Worker ID 21302 BARTH v, BARTH PACSES Case Number: 942105436 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: (;-1-03 ~f.J. JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. 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 MAY GET LEGAL HELP: CUMBERLAND co BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of2 Form CM-509 Worker ID 21302 " -- . ::: c~ ,:?i, n (:r €:i ct (') Ie::> C' ..' C (.....J " ~~~ c._ "'() c: r-:: ~T'i Q_o![~.: ....,~ .....::---' I "I": z: IT' r-"} ~~ ,t:) L (,) ~c:; -0 :.0 ?iC ::;.: " C; ..-C. r:- t5 rn PC: .:.., .../..~ ~ :ss :? ," ::< In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUZANNE F. BARTH ) Docket Number 03-227 CIVIL Plaintiff ) vs. ) PACSES Case Number 942105436 JOHN W. BARTH ) Defendant ) Other State ID Number ORDER OF COURT You, SUZANNE F. BARTH plaintiff/defendant of 601 D MALLARD RD, CAMP HILL, PA. 17011-1287-76 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JULY 22, 2003 at 10: 30AM for a hearing. You are further required to bring to the hearing: 3: OJ "" mrn 1. a true copy of your most recent Federal Income Tax Return, including W-2s, a' 2, your pay stubs for the preceding six (6) months, ~ 0 3. verification of child care expenses, and R::::;: 4. proof of medical coverage which you may have, or may have available to yo g~~ 5. information relating to professional licenses ~ 0 -<x 6, other: '" Service Type M Form CM-509 Worker ID 21302 BARTH V. BARTH PACSES Case Number: 942105436 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 6 - q -oJ p. .1. JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. 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 MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE FA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of2 Form CM-509 Worker ID 21302 Service Type M """'; :..>u ,:}!' () C :e: -oi..f) SF ~~~ 7::C (f) ,;': -<:..< ,<c ~.~~ ~ c W L_ c:: :~~~ ,-,.. ~, I 'D o -'11 , l~ in :C? ~i (?, . -n -~ - ,.- . :~ C) -5,n .-i ~J:;;' :J:J -<.. "0 :Jl: r:- :::> \.D SUZANNE F. BARTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION JOHN W. BARTH, Defendant PACSES NO. 942105436 No. 03-227 CIVIL INTERIM ORDER OF COURT AND NOW, this 24th day of July, 2003, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "An, it is ordered and decreed as follows: The Plaintiff's petition for alimony pendente lite is denied. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order, Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court, p. J. Cc: Suzanne F. Barth John W. Barth Thomas D. Gould, Esquire For the Plaintiff Susan K. Candiello, Esquire For the Defendant DRO CE5\ S VlNVJ\1J..SNN3d JJ.Nno:J ('~r('lH':18Vvno fig :f: /old 8, -If/(' E:O Al:iVl0i';O:-U)L::ll dO 30/:I:iO-Ocnl:i :SC.3 n!'"l8 ci V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION SUZANNE F. BARTH, Plaintiff JOHN W. BARTH, Defendant PACSES NO. 942105436 No. 03-227 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on July 22, 2003, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Suzanne F. Barth, who resides at 601 D Mallard Road, Camp Hill, Pennsylvania. 2. The Defendant is John W. Barth, who resides at 2524 South Market Street, Mechanicsburg, Pennsylvania. 3. The parties are husband and wife having married on September 8, 1972. 4. Difficulties arose between the parties in early 2001 resulting in their separation. 5. The parties agreed between themselves that the husband would retain the marital residence and assume the majority of the marital debt. 6. The husband applied to Members First Federal Credit Union to refinance the existing mortgage on the marital residence to provide the funds to pay the marital debt. 7. The credit union referred the husband to Murrell R. Walters III, Esquire to provide legal representation on the refinancing. 8. The marital residence was jointly owned by the parties, 9. The credit union required an agreement signed by the wife relinquishing her interest in the residence as well as a deed conveying her interest in the property to the husband. EXHIBIT "1\" O(6)-1 10.Attorney Walters prepared a comprehensive marital settlement agreement by which the parties agreed "to settle and determine their individual rights concerning their marital property and all other marital rights and issues,"1 11.Attorney Walters prepared a draft of said agreement which the husband gave to the wife to review, 12. On March 21, 2001 the parties went to Attorney Walters' office at which time they executed the agreement. 13.Attorney Walters asked the wife whether she had any questions about the agreement prior to the execution. She replied that she did not. 14. Attorney Walters advised the wife that she could take the agreement to legal counsel of her own choosing before signing it. She chose not to do so. 15. The husband settled on the mortgage refinancing the following week and satisfied the marital debt with the exception of the loan on the wife's automobile. 16, The agreement contained a provision whereby each party mutually released the other "from any and all rights and obligations which either has or at any time hereafter may have for past. present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as any other law of this or any other jurisdiction."2 17. The agreement contained a provision that each party waived "any right that he or she might have to any pension or retirement plan of the other.,,3 18. The agreement contained a provision that each party had made a "full and complete disclosure to the other of all assets of any nature whatsoever in which such Party has an interest, of the source and amount of the income of such Party of every type whatsoever and all other facts relating to the subject of this Agreement.4 19. The wife moved from the marital residence in April, 2001. , See Separation Agreement dated March 21, 2001, Plaintiffs Exhibit }, 2 See paragraph 8 of Plaintiff's Exhibit 1. , See paragraph 7 of Plaintiff's Exhibit 1, 4 See paragraph 11 of Plaintiffs Exhibit 1. 2 20. The wife filed a Complaint for divorce on January 15, 2003 in which she included a claim for alimony pendente lite, 21. On April 1 0, 2003 the wife filed a Petition for alimony pendente lite. 22. The wife is employed as a clerk by Delta Dental Insurance Company where she earns $11.14 per hourfor a 40 hour work week. 23, The wife is 53 years of age and is a high school graduate. 24. The wife was aware that the husband had a pension with the federal government during the marriage and when she executed the separation agreement. 25. The wife did not believe that she had a right to any interest in the husband's pension when she executed said separation agreement on March 21, 2001. 26. The husband has been employed by the federal government since the early 1970's. 27. The husband was not aware of the exact monetary value of his federal pension in March, 2001. DISCUSSION At issue in this case is the validity of the Separation Agreement executed by the parties on March 21, 2001. The husband argues that the wife is precluded from seeking alimony pendente lite because she waived her right to do so in the agreement. The wife argues that the agreement is null and void because it failed to contain a full and fair disclosure of the financial positions of the parties. In Simeone v. Simeone, 581 A.2d. 162, 167 (Pa, 1990) the Pennsylvania Supreme Court affirmed "the longstanding principle that a full and fair disclosure of the financial positions of the parties is required" if the validity of a marital agreement is to be upheld.s The disclosure need not be exact, but it must be "full and fair." Simeone, supra, at 167. The adequacy of the disclosure is based on the facts and circumstances of each case. Niqro v. Niqro, 538 A.2d. 910 (Pa. Super. 1988). There is no requirement that the parties' respective disclosures be reduced to writing. Sabad v. Fessenden 825 A.2d. 682 (Pa. Super. 2003), Where an agreement provides that a full and fair disclosure has been made, a presumption arises that the disclosure has, in fact, been made, and a party seeking to rebut the presumption by asserting fraud or misrepresentation must do so by clear and convincing evidence. Simeone, ~upra, at 167. , Although Simeone involved an antenuptial agreement, the same principles of law apply to both post- nuptial and antenuptial agreements, Adams v, Adams, 607 A,2d, 1116 (Pa, Super, 1992), 3 In this case the agreement provided that each party had made a "full and complete disclosure" to the other of their assets. Therefore, the presumption exists that full and fair disclosure was made, The wife claims inadequate disclosure with respect to the husband's pension. The husband has been an employee of the 'federal government since the early years of the marriage. He has a pension under the Civil Service Retirement System.6 During the marriage the husband frequently told his wife what actions she should take with respect to his pension in the event of his death. She was well aware of the existence of the pension, and she was aware that by signing the agreement she was waiving any interest she had in the pension. Neither the husband nor the wife knew the exact actuarial value of the pension when the agreement was signed. . The wife has not alleged nor proven by clear and convincing evidence fraud or misrepresentation on the part of the husband with respect to the Separation Agreement. Consequently the validity of the agreement will be upheld. Because the agreement contains a waiver by the wife of alimony pendente lite, her petition for APL will be denied. RECOMMENDATION The Plaintiff's petition for alimony pendente lite is denied. :JlL ~ 2. ~ \ 2- t' " 3 Date ~'(!~ Q v)~'-'~ Michael R. Hundle Support Master 6 Under CSRS the husband does not contribute to social security nor will he receive social security benefits upon retirement. 4 2 0 0 W -n ;;;: ';=:: ,".I -oc"' l]2rr" r _.-- -J N dr' oz( <:11,,< 0:> , ~t -0 . .:~ S~)L I<:: ,'-: ' "ZC :> '.",~ (=:.~ ~~ "-8 <,~. {l\ '::~ -Z 01 $S ::2 "" -<: ,:.-. c.,a,n SEPARATION AGREEMENT THIS AGREEMENT, made this :2--( day of jv1ll,e C f.{ 2001, by and between JOHN W. BARTH, of 2524 South Mar~et Street, Mechanicsburg, Pennsylvania, hereinafter called "Husband", and SUZANNE F. BARTH, of 2534 South Market Street, Mechanicsburg, Pennsylvania, hereinafter called "wife". (O'-~' -:'.,:- :"" .<~c r"- "'. ,,'*' ... I... WIT N E SSE T H: WHEREAS, Husband and Wife were lawfully married on September 8, l'n2, in Mechanicsburg, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart from each other; and WHEREAS, children of this marriage are over the age of 18 years and therefore adults; and WHEREAS, Husband and Wife desire to settle and determine theL: individual rights concerning their marital property and all othe~ marital rights and issues. NOW THEREFORE, the Parties hereto, intending to be legally bound hereby, agree as follows: 1. SEPARATION - It shall be lawful for each Party at all time,; hereafter to live separate and apart from the other at such place as he or she may from time to time choose or deem fit. The foreqoing provision shall not be taken as admission on the part of ci.ther Party of the lawfulness or unlawfulness of the causes PLAINTIFPS EXHIBIT 1 :; / leading to them living apart. 2. TNTRRFERENCE Each Party E;hall be free from interference, authority and control by the other, as fully as if he or she was single or unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither Party shall molest or attempt to endeavor to molest the other, nor compel the other to cohabitate 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. Neithe:~ Party shall visit the residence of the other without prior consent:. 3. PRRSONAL PROPRRTY The parties have divided their personal property between them to their mutual satisfaction. 4. RRAT, PRORRTY - The parties are j oint owners of property situated in Upper Allen Township, Cumberland County, Pennsylvania known and numbered as 2524 South Market: Street, Bowmansdale, Mechanicsburg. Wife shall contemporaneously with the signing of this agreement execute a deed conveying all her right, title and interest in said property to husband. There is currently a mortgage with First Union Home Equity Corporation taken out in 1989 with an original amount of $58,500.00. Husband has applied for and is closing on a mortgage "..ith Members 1" Federal Credit Union in the amount of $78,800.00 which proceeds will be utilized to pay these mortgages in full as 'Hell as all other encumbrances against the real estate. 2 5. DEBTS. The individual Jbligations Parties have on existing divided debts their joint and to their mutual satisfaction. 6. ~NEY REPRESENTATION - This document is being prepared by 11urrel R. \'Ialters, III, Esquire who does not represent either party. This document is prepared for the purpose of confirming the rights ane obligations of both parties to the real estate situate at 252 \ South Market Street, Mechanicsburg, Cumberland County, pennsyl' -ani a . The parties agree to equally divide the cost of preparat: on of this agreement. 7. PENSION Each Party waives any right that he or she might have to any pension or retirement plan of the other. 8. Ml ITUAT , .'Er,EASES - Except as otherwise provided for in this Agreement: a. Each . 'arty hereby releases and forever discharges the other and the esta\ e of the' other for all purposes from any and all rights and ob~igations which either has or at any time here3fter may have for past, present or future support or maintenance, alimo 'Y pendente lite, alimony, equi table distribution, counsel fees, costs, expenses, and any other right or cbligation, econom.c or otherwise, whe~her arising out of the mari~al relationship or otherwise, including all rights and benefits under the Jennsylvania Divorce Code of 1980, its supplements and amendmelts, as well as unde:c any other law of this 3 or any other jurisdiction. b. Each Party hereby releases and forever discharges the other and his or her heirs, executors, ccdministrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by v:~rtue of the marital relationship of the Parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements, or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exer.1ption 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 tes.::amentary, or all other ri9hts of a surviving spouse to participate in a deceased spouse's est2.te, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The Parties each waive and release any and all right to recel ve insurance proceeds at the death of the other, whether as named beneficiary or otherwise, as well as any right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will (if executed prior to the execution date hereof), or to act as personal representative of the estate of the other. c. Except for any cause of action for divorce which 4 ei t:::,er Party may have or claim to have, each Party gives to the other, by the execution of this Agreement, an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either Party ever had or now has against the other. 9. INDF.MNIFICATTON - Each Party rep,~esents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable. Each Party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other Party liable for any other debt:, obligation, liability, act, or omission of such Party, such Party will, at his or her sole expense, defend the other against any such claim or demand, whether or not well founded, and that he or Ehe will indemnify and hold harmless the other Party in respect of 211 damages resulting therefrom. 10. BRF.ACH - 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 any other relief he Dr she is entitled to at law or equity. The Party breaching this contract shall be responsible for thE' payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as "lay be available to him or her. 5 11. FULl, DISCT.oSlIRE Husband and wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such Party has an interest, of the s;ource and amount of the income of such Party of every type whatsoever and all other facts relating to the subject of this Agreement. 12 . ADDITIONAL TNSTRUMENT Each of the Parties shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary on insurance poli cies, tax returns, and other documents and do or ciO\use to be done any other act or thing that may be necessary or desirable to ef';:ectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with this provision, that Party shall pay to the other, all attorneys' fees, costs and other 13. MODJPICATTON AND WATVER - Modification or waiver of any provision 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 default of the same or similar nature. 14. DESCRTPTIVE HEADTNGS The descriptive headings used here in are for convenience only. They shall have no affect what30ever in determining the rights or obligations of the Partj.es. 6 A~ettlement Statement 4 l ull ~rtmonl 0' Mousing \Jnd- Uman D~lopnNlnt ~ mota "",prove! No. :2502-o2$fl :' [~~ 8-=~';, L?J cc;~ [~-~-]:: __ __ r"~~~"-~ c. ~: ThIs rmn is furnished to give you e Ilt8leIfl'tnl of actuIIl ~ Q(IMs. Amounts pIIIid to $I'l(I by the setltemen! lIVpl'll aAII &hqwn. ttgmlmlrked -(p.D.C.t weNpeidoutsirJedoMg: IheymwshOWll Mill rorfnlom1llflonal pVfI)O'lHiand no!: inc:iudllldinthslotlllB. O.H*rIt'M"""",,,fIf~r ..*'MIIld.......f18*t ',H''''''.nii'~~---'' .JOHII..... BARTH _PlflAMe. ISa4 SOUTH MAUIIT STREET !tJCHANIC8IIUIlO fA 1'7DD G,~l~ ~ SOUTH MAtlKET srflHT _DlBeRI11T' C" SOOO LOUIS. DIUYE MICHANICAY~C!_ PA 11011 IIIICHAHICSIIURG '" - .tlulMllllrY_B~'~ K.hm~oI.~~"""'1Ct1on ,. OIOlS Amount ~ L'nIm........ . _ _"" Qrou; Amol,lf'lt ~ To s.n.r '01.();l!.l~"'Ilriet' ._ ~401Conb;lltlfOCprioe__ ~ ttl2.~OI'CIll~.._ __ 4az.......... _ tN. ~1ltIMlM1O"",,"r~iMlOl _ 1..tl ~ _ __ 11M. "AVOPP HC?!lEQ "IIVIClNCI ~ Mil""" 404 tOS. AOOD0097831J78___ . _ . 4O!l Adj\atIMnbI'klrnv.nc.MkI:'!f_~1n-- 1~Cib'1I0lMl}t!!' 10 101. CalJrmt'allOl~ 10 lot, Antpmgnb;__ ..!!;I :!2L.-___~_ ~__ to__._ 111. II) 112. to 113, 10 114. 10 '15. to 1M. GrouArnDuntou. 'NII'II~ PA 170e Il.~...l.nl MURItIIL II. WALT" III UQ I'tICIcr~"-'" 14 IIAST MAIN STRaT _CHAlllCUURG pI. ---I~~~ 17011 ~o.... :113OlDt ~-- .- _A' --- . . -- . ... -- , EIlcmd....:.;~.!.,,_~l -- ,-'- ...- ..., OWIloIiiIOfifltfl'lM1rncn'" ... .... - ",.~-- ~. Prin::ipallIIn'otIlJl'ltof_~l M_"'1~. .; ~~: .s.au.n.md\elQn.~'!II.e,{Iinlt '''IIDl ~-~._- - &IIIbl1Nnl1}U1ker1~~_ ~a~ 1Ell1IIN1N1tII1*"~1o " !!L.-.~__ "~~. -.., acM, P.....of.~lmClI'Iaaoe"*' .._---_.~ ..- .... -- _.'r ~. .... P*rOffofNOClNl~IGI.f1 - . ...-' .... -- .... --- -. .... .. ~. .. -- n.. ~1. ---- -- !!!!,,- ~.., - .08- ..'. ... ..-.. " ... ..-. .... -- .., 509. -...-. -- ..--_. .- Adfutm..u fc>r ~ u......lW..... ... -,.... AIIu.""" fCN:,I~ unnld I!Y -1M.. , ._. 0.. .-- 210. CI~_1lmS .. ...- 5tO. _C!!r!'!!!!!!.... .. .. - ... 211. CoIl""....' .. 511. ~~ to -. .,'- -- j.. !12. -. .. 512. --- .. -- ....- ..-.- .-...-'- -. ~,~- .. ~.!~.". .. --- .-- .. ..- 2'.. .. tl14. .. -- -."" n._'_ - to .. ~- .. ~!5. ~,. .'" -.. -- 2.18. 516. to .- --- .,. - - -. 1'7, to '1'. " - _.~. _0', - 11& .. ~~8. to --- .. .. .., .-- ._-- 21a .. $1~.. .. . ... -- ... .- ." .. .~ - no. T~ P.'''lIyIPar Borf01llllel ......... ..., TOI.I.......1oI\ A/rIOW'I On Sehr ..~... ..~n..forhm!.~..!!!c...rln.aG~' 4Oa.~'-1 to 1tI11. Cwnlvltxes \0 .' .~~_.... lei ~.. .. 410". 10 411. ~ ~~~. tel "'3, JO C1~, 10 CHl. to 74.24L1f 4H, O"",.~ou.t.lIelIer IiIll. RIclIOlIaM" MlaunlDIII fo....... -. AmOUMlP"'dllvo.-ln"""Of~ !!!LCM"At..........FnIWT.~ ~ CehAl~TaIFronI..... - 3Ot. GftlISMlaunt\lUefnlm--.(IIne'20't.. 7~1. 1101. Gft!t......,..lMJOIIOIIw(li'leOO) t= H2. ~~!lUntDtldbV1for~(IrMI22II) 1UOD _ 102 lIlClNduclloMlnaml,lMHlllfflllleS20) , .. Cub 0 Frem iii T........... ..t,IU.8t 103. c.Ilft (RI TO 0 ItI'OIfttllltlr ThI\,rIdenIIgned,*~~.,.r'tCIiPtOl.OOftIPlIIlIdf1flll'iof"'-'1PallhlllslatDmltlt....aIIM:tlmInIIfl!IerNdlo""'in 1 HA.VlCAREFUll '( R'!VI!W!D THE HUD-l 8E:m.!MENT ST"lEflEHl ~D TOnlE BEST at: MY KNQWlEOOE AN.O 8!f.1EF Lr:! IS ,.lRUE N<<) ACCIJR,\TE ITATaENT OF All A!CIIPTS AND IJtSB\IA8ENI!NTS MAD&: ON"" ACOQUNTOR BY Mf IN THIS TRANSACTION 1 FUR1l4EH CEFtTIN THAT 1 H,.VE MCII\1"!D 0\ COPY OF THI! HUl).1 SETT1.EMENf stATeMENT. BOARC\-V'7R __. . SEllER BORROWER 8E1.l&A TO THS BEST Of MY ~OO&. 1)11 HUo.l iE-rn.eMeNr 8T.tiMENT wtfQf I HAVI PREPMED IS'" 'I'fllU.'Mt> A.CCURATI ~iJNT OF TI-E FuNOs WHICH Wl!RI "lctIVED AND HAW- IlaN OR Will BE. DlStURSED 8Y THf UND!QIONED AI" PAfllT OF THE SE.TTll!MeNT OF THIS ~ACT1ON. WARNING: IT 1$ A. CRIMI TO KNOWINGLY WoKE FIJ.I!I! 8T^lEMEH1'8 TO THE UNITID STATES ON 'tHIS OR,\NY SIMIlAR FORM. PINAL TIES UPON CQNVlCTlON CAN INCl.UDi"" FINE;.NO IMPRISONMENT. FOR DETA.ILS _; TI1\I11 U.'. COD! eeCTlON 1001 . SECnON 1010 , PrwvioUI Ecntton It OblOlem HUO.1 (we) A!9'-" HB 04305.2 ..-.... -- -- ----.- l'age 1 or j Benefits Report 05/06/2003 6:55:20 AM Input Data Summary Employee Date of Birth: 05/17/1947 Employment Retirement Service Computation Date: Current Retirement System: Current Annual Salary: 10/01/1973 CSRS $34,000 Retirement Expected Separation Date: Projected High-3 Average Salary: Survivor Benefit Election: Projected Sick Leave Balance: 0411112001 $34,000 Full o lSP Current Balance: Contribution Allocation Rate Of Return C Fund F Fund G Fund I Fund S Fund $0 $0 $0 $0 $0 0% 0% 0% 0% 0% 11,5% 7.5% 6,5% 9% 13% 0% Contribution Rate: Economic: Assumptions Infiation Rate: 0% Computed Data Summary Annuity Start Date: AnnlJity SlarlAge: 0510112001 53 Years 11 Mon1hs Early Retirement-lmmediate Annuity Monthly Annually Description Annuity Estimate $1,452 $17.425 CSRS Base Annuity http://www.seniors.gov/frb/frbweb,dlllbeneftt 5/6/2003 Mal:! 06 03 08:23a John Bar-th 717-697-9584 ".2 Page 2 01 J ($29) ($120) ($349) ($1,438) CSRS Age Reduction Survivor Benefit Premium (Full) $1,303 $782 $15.636 Net CSRS Annuity $9,384 Survivor Benefit (Full) Retirement Benefits Projection (Inn.tlon Adjusted) In addition to your retirement annuity, other annuity benefits were added and adjusted for Inflation to give a better picture of your annual purchasing power during your retirement yealS. For ..xample, CSRS and Social Security benefits are fully indexed for inflation while a FERS annuity and your TSP benefits are not. (See the "Explanation of Retirement Benefits Projection" for more information about infiation and cost of living adjustments.) I ,r (). c-,.;;,. 1)- (;,}tf.,., ,,(. ,:=;----;-.I--o..~ () Explanation of the Retirement Benefits Projection (~:i .;)... Co,' o-;;-~ 1-~ . -------- It Is important to see how inflation affects your retirement benefits over your retiremel1tyealS. For this reason. estimated retirement benefits are presented for: Age 53, 05/2001 Age 62, 06/2009 Age 72, 06/2019 Age 82, 08/2029 $15,636 $15,636 $15,636 $15,636 e $15.836 $15.636 $15.636 t /-- ~ S.$ 7A)> E 5 I .Pv,-,,-<~ (LA), O--'AC,j2 ;-I-ptf:t.. ~~., CSRS Annuity Net Annuity 9v...". '-I <).00 1<2. <1 (j. ~ 1'\1...........-'" rli.rllTr1. f!-li.LT; J..jl=e>,rJ!;' M.o --------- 1. YourlilStyear of retirement 2. The age at which you begin receiving your Social Security benefits Of eligible) 3, Ten-year intervais following the start of your Social Security benefils. CSRS annuities and Social Security do not show a loss in purchasing power because eam of these benefits receive an annual adjustment fully indexed to inflation. A FERS annuity shows 8 loss in pUrchasing power because it is not fully protected against inflation. Regular FERS retirees receive no annual oost-of-lIving adjustment until they reach age 62. law enforcement/firefighter FERS retirees receive inflation adjustments . immediately. The FERS cost-of-Iivlng adjustment is: http://www, seniors.gov/frb/frbweb.dlllbenefit 5/6/2003 Total number of exem tiOIlS claimed 7 Wages, salaries, tips, etc. Attach Form(s) W-2 Sa Taxable interest. Attach Schedule B if required. b Tax.exempt interest. Do not include on line 8a 9 Ordinary dividends. Attach Schedule B if required 10 Taxable refunds, credits, or offsets of state and locallllcome taxes (see instructions) 11 Alimony received 12 Business Income or (loss). Attach Schedule C or C-EZ , 13 Capital gain or (loss). Attach Schedule 0 if required. If not required, check here 14 Other gains or (losses). Attach Form 4797 15a Total IRA distributions. ~.. . 'I 15al I b Taxable amount (see instrs) 16a Total pensions & annUities '.~ b Taxable amount (see instrs) 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E , 18 Farm income or (loss), Attach Schedule F 19 Unemployment compensation 20a Social security benefits I 20al 21 Other income, list type & amount (see il1strs) 22 Add the amounts in the far ri ht column furlines 7" throu- h 21 ,T~'i;'- i; --Our totalincome -.. 23 IRA deduction (see instructions). 21~ 24 Student loan interest deduction (see instructions) . _ . 24 25 Medical savings account deduction. Attach Form 8853 , 2!i 26 MOVing expenses. Attach Form 3903 2fi Z7 One-half of self-employment tax. Attach Schedule SE Z} 28 Self.employed health insurance deduction (see instructions) 211 29 Self-employed SEP, SIMPLE, and qualif,ed plans. . 2~1 30 Penalty on early withdrawal of savings. 30 31 a Alimony paid b Recipient's SSN .. 31 II 32 Add lines 23 through 31a 33 Subtract line 32 from line 22. This is your adjusted gross income For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FDIA0112 11107/00 Form 1 040 label (See instructIOns.) Use the IRS label. Otherwise, please :;:)(Int or type. Presidential Election Campaign (See instr~!clions.) FiIi ng Status Oleck only one bo:~. Exemptions Income Attach Forms W-2 and W,2G here. Also attach Form(s) 1099.R if tax was withhflld. if you (Ill! !lot get a W-2, see Instructions Enclose, but d'J not attach, ;:[1"1\' payment. Also' piease use Form 1040-V. Adjusted Gross Income BAA Department of the Treasury - Internal Revenue Service U,S. Indiviclu~"nc_o!!1~.IaxR!lturn 2000____19.9)_ , 2000, end,no IRS use only - Do not write or staple in this space. --------------.~~20---.---.. -of ,.~.~~ ~~.'-1"~4~--~~7~ Your Socl..t 5f.~urity Number For the year Jan 1.Dec 31, 2000, or other tax year beqinn,no Your First Name MI last N:lme John If a Joil,t Return, Spouse's first Nam.. Barth 202-36-8958 W M' Last Name Spouse's Social Security Number Suzanne F Ba,-th Home Address (number and street). If You HaVe a P,O. Box. See Instrl,.lclions. 12524 S, Market Street I City, Town or Post Office. If You Have a Foreign Address, See Instructions. IMechaniCsburg Apartment No. 197-40-8017 .. Importanti---l- You must enter your social security I'lumber(s) above. State ZIP Code PA 17055 You .. 1X1 Yes [-I No Spouse Ix1 Yes I 1 No ome) Sf'.! ove & full name here ... tructions.) If the qualifying person is a child bu1 not your 5 G_ X b I No. of boxes _c::heckedon ... 61111nd,Sb. - No. ot~our (4) if ~~i~I~~ll on qualifying child. Illlell I for child tax WithYOll "__ credit (see . did lIotlive instrnctlons) withYOll due to dIvorce. or sep- araUon(see instructtons) , , .L~I (2) Dependent's social security number (3) Dependent's relationship to you __~___. Depen~ent9 on6c not entered abolle. .L_I .1-1 7 8_ Add llulnber. entered on . lines above .. L~I "0 9 10 11 12 13 14 15b 1Gb 17 18 19 20b 21 22 77,143, 10,807, I b Taxaole amount (see Instrs) 77,143, Form 1040 (2000) corm 1040 (2COO) Tax and Credits I--;~nd~r~----I Deduction -.- for Most __ People I ~XJl2beo I I I I I 1 Head of IlcL'sehnld $6,450 Manied filing jointly or Oualrfying wldow(er): $7,350 I Mamt:d fllil1g separately: $3,675 ------.._----"-- Other Taxes Payments If youT;a~;-i_ qualifYing Child, attach 1- SChf:>u~!:____~~~: Refund Have It lJlrectlv deposited! See IllstructlOllS and fill in 6ib. 67c, allei 67d. Amount You Owe Sign Here John W & Suzanne F Barth 34 Amount from line 33 (adjusted gross income) 35a Check if: 0 You were 65/o1der, 0 Blind; 0 Spouse was 65/older, Add the number of boxes ctll~cked auave Clnd enter the total hele b If you are married filing separately and your spouse itemizes deductions, or YOll were a dual-status allen, see instructions and check here. '.,.. . .... 35b 36 Enter your itemized deductions from Schedule A, line 28, or standard deduction stwwn on the left. But see instructions to find your standard decuctlon if you checked any box on line 35a or 35b or if someone can claim you as a dependent. '3J Subtract line 36 from line 34 38 If line 34 is $96)00 or less, multiply $2,800 by the total number of exemptions claimed on line Gd. If line 34 is over $96,700, see the worksheet in the instructions for the amount to enter. 39 Taxable income. Subtract line 38 from line 37, If line 38 is more than line 37, enter -0- 40 Tax (see mslrs). Check if any lax is from a 0 Form(s) 8814 b 0 Form 497;:' 41 Alternative mirllmum tax. Attach Form 6251 42 Add lines 4(J and 41 43 Foreign tax credit. Attach Form 1116 if required. 44 Credit for child and dependent care expenses. Attach Form 2441 45 Credit for the elderly or the disabled. Attach Schedule R . 46 Education credits. Attach Form 8863. 47 Child tax credit (see instructions) . 48 Adoption credit. Attach Form 8839. 49 Other. Check If from . a 0 Form 3800 b 0 Form 8396 c 0 Form 8801 d 0 Form (speCify) 50 Add lines 43 through 49, These are your total credits 51 Subtract line 50 from line 42. If line 50 is more than line 42, enter .0- . , 52 Self.employmenllax. AIIach Schooule SE . 53 Social secwity and Medic<ue tax on tip income not reportetl to employer. Attach Form 4137 54 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 if required. .. .No. 55 Advance earned income credit payments from Form(s) W-2 56 Household employment taxes. Attach Schedule H 57 Add lines-51-56. Thrs is yourtotaltax . 58 Federal income tax wrthheld from Forms W.2 and 1099 59 2000 estimated lax paynrenb and arnuunl applied from 1999 return. 60 a Earned income credit (Ele) . b Nontaxable earned income: amount .... and type .... ___~_ _ _ _ _ _ _ _ _ _ ___ _~_ _ __ 61 Excess social security and RRT A tax withheld (see instrs) 62 Addrtlonal child tax credit. Attach Form 8812 63 Amount paid with request for extension to file (see instructions) 64 Other payments. Check jf from. . . . . l!l D Form 2439 b 0 Form 4136 65 Add lines 58,59, 60a, and 61 through 64. These are your total payments ..,.,..,...,..,...,.,.. 66 1f line 65 rs more than Ime 57, subtract Ime 57 from line 65. This IS the amount you overpaid. &7 a Amount of line 66 you want refunded to you ~ b Routrng number ... d Account number ... c Type: 202-36-8958 34 .0 ~Ir~.[ PaCJe 2 77,143, 43 44 45 46 47 46 0 36 7,350. 07 69.793, 38 5,600, 39 64,193, 40 12,269, 41 ~ 42 12,269. 4'3 ~ 50 51 12,269, 52 53 54 1,081, 55 56 57 13,350, ~ 58 59 60. 13 107, 61 62 63 64 o Clecking ~ 65 66 ~ 67. 13,107, o Savings 68 Amount of line 66 you want applied to your 2001 estimated tax. .,. . . ....1 68 J 69 If line 57 is more than line 65, subtract line 65 from line 57. ThiS is the amount you owe. For details on how to pay, see instructions. . . . . . . . , . . , . . . . ,. .. ...... . 70 Estimated tax penalty. Also include on line 69 . , . . . . , . , . . , . .1 70 1 ,,' Under penalties of perjury, I declare that r have examined this reh.lm and accompanying schedu.es and statements, aRd to the best of my knowledge and belief. they are true, correct and complete. Declaration of preparer (other than taxpayer) IS bas.!d 011 all Information of which preparer has any knowledge JUltl! ((dun!? Your Signature D,m YouT Occupatior, I Dayiime Phone Number FDIAOll2 IO/30/DO See instrL:ctrons. ~ clerk I:(eep a copy Spouse's Signature If a Joint Return, Both Mtlst Sign. Date Spouse's Occllp;ltion , :'Y Ihe 'RS d;""" ,,;, cel.,," w;lh Ih, , Tor YOUI- I-econjs, ~ clerk preparershownbelowr~ (see Instructions)? Yes No Paid Preparer's .. ID,m I I Pce",,,', ss" " PT;N Slgnaiure , Check if self'employed n Preparer's Firm'sName Self-prepared - .- (oryollrsif ~ Use Only self.employed), E'N Address, and ZIP Code Phone No. Forrn 1040 (2000) '.-",--, ",..-, -..,-, ~~'''~. 10Q55.37 . 'Social secl."ritY~-~g~::;--' 108.;;5.37 Medica,re wage::; and lips 10855,37 a Control Numbe'r-T-Oep\.-- .009993 YBM..' 00 c Employer's name, addrE"ss PA DENTAL SERVIC 1 DELTA DRIVE MECHANICS BURG p b~ploye'~ED-lb-n',Jmbe 23 -1667011 Social securitY-'r'jl';- -." 'AdVanc;-EIC p-;y~;nt~- l' NonqualiflecfpTans---- '-3 See in&trs. forb;; :;:J--~- 15--SbI emjoec;'~ed 'T?e-;;s ;:1 Employee's nil-m~'~addr-;;ss SUZANNE F. BART 2524 S, MARKET S MECHANICSBURG,P 1_6~~mPloye-~;_s_ ;";;leTOn 18Statein~'t-ax--'--' 303.92 lO Local wages, tips, etc. 10855,37 Employ.eR~ W-2 Wage State :apyC lor employee's records. ,. ,.........,.., "''-V''''''''''W'''''l'''U 1092,36 4 Social security tax withheld 673,03 6 Medicare lax withheld 157.40 -- Corp, I t.mployer use only 9 A 21 ,and ZIP code E CORP A 17055 Batch #00921 .~. Employee's SSA number 197-40-8017 Allocated tips -r,OD;p;;~dent care benefits - 12 Benefits included in box 1 ----r,-4" Other I I jonPi~~egaIIeP' fDelerredcomp. and ZIP code H T. A 17055 - State wages, tips, etc. o 17 10855.37 19 Localityn..me WSTB 21 Local income tax ~ 108.56 eference 2000 and Tax ment OMB No. 1545.0006 2UOI\J Inr~2 <:101<... i::;;.\Hlm~UiS SUiviiV,ARY This blue Earnings Summary section is induded with your W-2 to help describe portions in more detail. The reverse side includes general informa.lion that you may also find helpful. . The following information reflects your final 2DOO pay stub plus any adjustments submitted by your employer. Gross Pay 10855.37 Social Security 673 03 PA. State Income Tax 303.92 Tax Withheld Box 18ofW.2 Box4ofW.2 Local Income Tax 108.56 Fed. Income 1092.36 Medicare Tax 157.40 Box 21 of W-2 Tax Withheld Withheld SUI/SOl Box 2 of W-2 Box 6 of W-2 Box 14 of W.2 2. Your GrO$$ Pay Was Adjusted as follows to produce your W-z Statement. Wages, Tips, other Compensation Box 1 of W-2 Social Security Wages Box 3 of W-2 Medicare Wages Box 5 of W.2 PA. State Wages, WSTB Tips, Etc, Local Wages, Box 17 of W-2 Tips, Etc. Box 20 of W-2 Gross Pay Reported W-2 Wages 10,85537 10,855,37 10,855.37 10,855.37 10,855.37 10,855,37 10,855 37 10,855,37 10,8553' 10,855,3: 3. Employee W-4 Profile. To change your Employee W-4 Profile Information, file a new W-4 with your payroll dept. SUZANNE F. BARTH 2524 S. MARKET ST. MECHANICSBURG, PA 17055 Social Security Number: Taxable Marital Statu:;: Exemptions/Allowances: FEDERAL: 0 STATE: LOCAL: 0 197~40.8017 MARRIED I!:l 2000 AUTOMATIC DATA PROCESSING. INC. Join the 40 million Americans who will e-file their income tax returns this year! Visit www.irs.aov for details, ----'_.,----~^- .- _.~._. --------_._~._-----_._-- ---.-----.--------------.-,--.-.,.-.----.------.. -------------ii:.j:.-----------:::;r-----.--,------- , Wages, tips, other compo 2 Federal income tax withheld 10855.37 1092.36 3 Social security wages 4 Social security tax withheld 10855.37 673,03 5 Medicare wages and tips 6 Medicare tax withheld 10855,37 157,40 a Control Number I Dept. Corp. J Employer usn onlv 009993 YBM 009 A 21 c Employer's name, addresiS, and ZIP code PA DENTAL SERVICE CORP 1 DELTA DRIVE MECHANICSBURG PA 17055 b Empl2'er'lil FED ID number d Emplo~ee's SSA number 3 .16670t 1 97.40-8017 7 Sacl.' iSecurity tips 8 Allocatedtips . Advance Ele payment 10 Dependent care benefj~ 11 Nonqualified plillns 12 Benefits included in b(,x 1 ,. 14 Other 15 Stdemp.! Oecellled I PensIon plan I legalrep'_.1 Deferredcomp, c., Employee's name, address and ZIP code SUZANNE F. BARTH 2524 S. MARKET ST, " MECHANICSBURG,PA 17055 ] 16 Statej Employer's state 10 no. 17 State wages, tips, etc. PA 10855,37 i 18 State income tlllX ,. Locality nOllme 303.92 WSTB ! 20 Local wages, tifs, etc. 21 Local income tax 0855.37 108.56 PA.Slale Filing Copy W-2 Wage and Tax 2000 Statement PuMB N _ 1545(008 , Copy2 to be flied with employee'sStatelncomeTu Reurn, 0 ., 2000 7 Social security tips 1 Wages, tips, ~,r3t~nSaliOn 2 Federal jnc~~~~ithheld age and Tax Statement - ",~ress,andZIPCOde 8 Allocated tips 3 Social securitY9,~ef.61 4 Social secugb2~7 ,'fithl1eld rive 9 Advance EIC payment 5 M,di"" w,g1N~~ t~j 6 Medicare taf 4W~gld 10 Dependent care benefits 11 Nonqualitied plans 12 Benefits included in Box 1 PA 170552015 13 See Instrs. lor Box 13 140thsr ARmess, and ZIP code E 583.32 T ST f3i~~~o6'bidentification number d Em~~4~~dflfuriIY number IJRG PA 170550000 15"""'"" p"o""", .',;:.; I I,~:." """,," ....'.."1 I I I I X". - '~acrtate 1.0. number 117 Slat~~Y:SifS' ect. 18 S'')I~:i'.'f'6"' to< 1L13~J\t\1'1Yf'i""Y 120 LOC91, '7'2If.S 1ips, eel 121LOC<lIfi';.~lax . Till, ;"Iormnlur "bcrr.g IlJrlliSI'd I" Ill" 11l1~I"al r<cl""~~_' Se".'lce. I' 'i'JU d"~ re'i"""" '" iii" a w, rFHJ'n, a OMB No ]:,4!;.OOOe neglil)ence p~n,llly or othe, 5nrlCIIon may be impos~r1 on you Ii Illis ircarne i, la,nblfl al:1 ,'ou fRiI 10 rr.po~ il FocmW-2W M'E~~I1(FrV1tT 100 Mt. Allen 0 PD. Box 2015 Mechanicsburg soZJI:I'J1/jEr'ilc 2524 S MARKE MECHANICSB PA' St"'2pEr~s Copy C for EMPLOYEE'S RECORDS (See Notice to Employee on back of Copy S.) Dept. of the Treasury. IRS Form W-2 Wa ME'S'SI:I>:I'IVlt'r 100 MI. Allen 0 P.O. Box 2015 MechanicsbL'rg Ige and Tax Statement 2000 7 Social seeurlly lips 1 Wages, tips, ~ifJ802!nsation 2Federalinc~:'S7"'ithheld 'A~ess, and ZIP code 8 Allocated tips ;;: Social securit~!f,61 4socialseculfo~,.~ithheld rive 9 Advance EIC payment e, Medicare wag~m :~~ 6Medicarel~4'6~~d - PA 170552015 10 Dependent care benefits 11 Nonquaiitied plans 12 Benefits incllld3d in Box 1 '~ 583.32 140thel ~m-ess, and ZIP code T ST .t.39~6bidenti!icationnumber d EmPf9r.:..~e{!jl!f=urity number IRG PA 170550000 15"''''''"'' "oo"""" r",,,~,, L"", I X:~::" '"""I I p"'" I "'" I I 11drflale I.D. number 117 Slalf9~~.~1'S, eel. 18St~r2'.Dffiletax IL~t!i"I!'lI'ii'l'!'litY 120LOcgi,'l'~.-l51jpS' eel. 121l0Cll'9'JC.~lax OMBNo 1545-00011 sOml\lM"l"M 2524 S MARKE MECHANICSBl pA' S"t~r'fJf!l'!i Copy 2 to be flJed with Employee s State, CIty, or Local Income Tax Return Dept. of the Treasury ~ IRS lY:.TACr1 HEI'IE 1 Gross dlttrlbutlon ~ Corrected (if checked) 2a Taxable amount THE TRAVELERS INSURANCE CO 1 TOWER SQCARE. 5MS 1216 HARTFORD. cr 1l6183.4051 $8,170,57 2b Taxable amount not dele,rmined ;) Capllalg.!ln llncludeain bOl<;2a) 5 Employe~ cbntrlbutlons or InSUra1Ce premiums SUZANNE BART 2524 SOUTH MA MECHANICSBUR H RKET ST G P A 17055-5555 7 Distribution l'IAA/SEPf code Simple 1 0 9~~~fdFsrrig~~~a~1! of PAYERS Federal ID # ~~0566~~~:= ~nl numb~;-~-~.as83252PA1 OMB NO. 1545.0119 RECIPIENT'S ID # I f----- 11 State/Payer's stale no. 197-40-8017 ! 9b Total employee contributions PA/06056H090 This information is being furnished 10 the Internai Revenue Service FORM 1099-R $8,170.57 2000 o Distributions From Pensions, - Annuities, Retirement or Proln-Sharlng 6 Net unrealized appreciation Plans, IRAs, In employer's securities Insurance _ Contracts, etc. L COPY2 -Ftle this cop' 10 State tax withheld I?dth your Slate ~Jty, or Local Income tax return, "hen required. Total distribution o 4 Federal Income tu wlthhald $1,634.12 8 Other % 12 Stale distribution i Department of the Treasury. Internal Revenue Service ~s ""m'i.address,ZIP code, and Fedllral identification number -- \ Grass dlstnbutiorl OMB No. 1545-0119 2aTaxablellmOl.lnt FORM 1099-R LINCOLN NATIONAL LIFE INS CO $ 2,635.64 $ 2,635.64 2000 PO BOX 2340 2b Taxable amount LJ Total LJ not determined distribution Distributions From FORT WAYNE, IN 46801 1Densions, AnnuUie :1 Capital gain (ineluded ,'+ ~~t~~:I'dmcom. lal( Retirement or EIN, 35-0472300 Inbox2a) Protlt~Sharlng Plan ANNUITIES 800-454-6265 $ 0.00 $ 527.13 IRAs, Insurance 5 Employee contributions or 6 Net unreallzeo appreciation in Contracts, etc. Insurance premiums employer's securities POLICY 97 9007321 Copy 2 $ 0.00 $ 0.00 RECIPIENT'S name.address,and ZIP code 7 Di$tribution code !~RA/SEP 9 Other File this copy with SIMPLE $ your state, city, SUZANNE BARTH 18 1 0.0 % or local income 2524 SOUTH MARKET ST. Recipient's identification number 9a Your percentage of tax return, totatdlstrlbution when required. MECHANICS BURG PA 17055 197-40-8017 % 10 State tllxwithheld 11 S~e/Payer'sstatenumber $ 0.100 $, $, Form 1099.R Dep",rtment of the Treasury - Internal Revenue Service l.'JlJ_ -~-- - - - - u_ u__u_ u_ u -- u___u______u__u__ __ u_ __ ______ ---.._____u____u ___ u_ __uu__u __ u__ __ u__ PAYER'S name,.;ddiess,ZIP code, and Federal identification number 1l.:irOSsolstrlDutron " axa",eamount OMS No. 1545-0119 FORM 109B~R LINCOLN NATIONAL LIFE INS CO $ 2,635.64 $ 2,635.64 2000 PO BOX 2340 2b Tallllbleamount LJ ,.otal LJ not determined distribution Distributions From FORT WAYNE, IN 46801 ens ions, Annuitle EIN, 35- 0472300 3 Capital gllln (included I" ;it~~~dmc:ome tax Retirement or Inbox2a) Profit-Sharing Plan ANNUITIES 800-454-6265 $ 0.1I0 $ 527.13 IRAs, Insurance 5 Employee contributions or 6 ~~t unrealized appreciation in Contract!:, elc. POLICY insufllnceprlilmiums employer'lfSecuritres 97 9007321 Copy C $ 0.1I0 $ 0.00 RECIPIENT'S name,oldllress,and ZIP code 7 Distribution code I ~RAISI;:P 8 Other For Recipient's SUZANNE BARTH 18 SIMPLE 0.01 % Record" 1 $ 2524 SOUTH MARKET ST. Recipient's Identification number 9a Your percentage of This Information Is being total distribution MECHANICSBURG PA 17055 197-40-8017 furnished to the Internal % Revenue S"Ylc.. 10 State tax withheld 11 StatelPayer's state number $ 0.00 Keep this copy for your records. s, $, Form 1099.R Department of the Treasury - Internal Revenue SerJice sueSTI TUTE 1098 FIRST UNIO P 0 RALEIGH (800 S name, address, and telephone number . Caution: The amount shown 'nay not OMS No. 1545-0901 be fully deduclible by you. Limils based Mortg on the loan amount and the cm~t and N MORTGAGE CORP value of the secured property may BOX 900001 apply. Also, you may only deduct ~~99 Intel" NC 27675-9001 Interest to the extent it was incurred by Statem ) 654-9322 you, actually paid by you, and rot reimbursed by <lnother person. Form 1098 rJenNication no I PAYER'S social security number 1 Mortgage Interest received from payer(s)/borrower(s)' COp 11 202-36-8'158 $ 4.217.77 For POl The,nformation inbo:: 'S name, street address (including apt. no.), city, state, and ZIP code 2 Points paid on purchase 01 prncipal rasidenca (See 2, and 3 is import,l Bo)(20n bacl() information and is ARTH $ furnished to the hi F 8ARTH 0.00 ReV~'nue Selvice. If y ARKET ST 3 Refund of overpaid Interest (See Box 3 on back.) I-equired to tile a ret S8URG PA 17055-5555 negiigence penatlyol $ 0,00 sanction may be impos you ilthe IRS delell ..1.1..1.1..1.1.11.1..1.1..1.111.1.1.1111.11..1 4 that 1m underpaymenl reliultsbecaw-; oVt:rslaled a deduct: this mortgage interest ill) the$E points orbecau$ 7'13li78 did not r-eportthis I'ell interest on vour I lJ CORRECTED (if dlecked) AS OF 12<;1-99 REGIPIENTS/Lt':NDEP age est ent RECIPIEt.j I 'S hlrferal i 51i-08117 yB yer 8$ 1, nttax being ternal 0U are urn, a othel' ad Oil !lines ottax e YOll on fur or lor PAYER'S,BOfmOWEF .JOHN W 8 SUZANNE 2524 S M MECHANIC 1...1/1...1/1.. Accoul1t l1urnbE,r (op-:ion 0009 Form 1 098 (Keep for your records,) e j'UU mdot atwn. Department of the Treasury - Internal Revenue Service OIS3URSEMENT ACTIVITY 1999; CURRENT TOTAL PAYMENT CURRENT ESCROW PAYMENT PRINCIPAL ACTIVITY 1999: BEGINNING BALANCE PAYMENTS APPLIED REMAINING BALANCE ESCROW ACTIVITY 1999: BEGINNING ESCROW BALANCE TOTAL DEPOSITS TOTAL DISBURSEMENTS CLOSING ESCROW BALANCE YOUR CLOSING ESCROW BALANCE IS 630.22 0.00 44,342.58 2,153.11 42,189.47 0,00 0,00 0.00 0,00 BEING HELD FOR PAYMENT OF BILLS AS THEY BECOME DUE. 1999 NET INTEREST PAYMENTS REPORTED TO IRS ****** 4,217.77 THE ESCROW REFUND TOTAL MAY INCLUDE FUNDS THAT COULD NOT BE APPLIED TO YOUR ACCOUNT AND WERE DISBURSED BACK TO YOU, IN ADDITION, THIS TOTAL CAN INCLUDE ESCROW OVERAGE REFUNDS. amreu6!s alBa -----.~~- aJnnw6!s .laMoJ,'o8~O:J -~----_.___---------..._____ 8101dwoo pUE )OaJ.loo 'anJI SI WJOj S!ul LlO pap!^oJd UO!IEW.lOjU' aUIISu) ^I",ao I 'Ii1ni.lad jO sa'llsuad aul JapLln _ NOIJ.~:)I~IJ.83:) {Ji-~ Nil.::' '0'/ J8ABdxE'1 'ON Al!1n~8S lepoS .IaMo.Ll08 -- --~--- - 80 ~~--~- ~--~'--- 103M08100EI-0:J ON ~1Il:1 '0'1 .l8J\edxEl 80 'ON lil!-Jnoes leqoS ----- .----- ---- 83MOlOI008 .'''100~ SIHJ. ~O J.NOIO" 3HJ. NO NMOHS SS3100CW 3HJ. OJ. "'100 ' (NIl.) laqul[lu 1I0Ire~)I~!rJap! j8AEdxtnmoA 4+!M sn ep!AoJd aseald 'UOll'8JodJOo e JOIiUBdw _ :I. ~)IH.l ll\iV\J ONV H8\f.L30 'MOI9q pereoJ)u! 8J8ljM .mOA L[~!M sn 3j)lhO.ld a:-msld 'IBnp!AlpUl ue aJl3 noli 11 '881 eLll Aq ,Ill'; d $ DOE SJe noli I) MOlsq pare8!pU! aoeds 841 U! Jaqwnu ^lw:oes IBIOOS. '.c" ~-:!, 111:)-:;:' )~' Ino;l 11C;'IIII~1 nr',\lPln '::',,~hc_, ,_";' .."" ,,'::..O~" BUlllnSe)_UBOUOlmllIlOjLlISIlI18PI^O_ldoJ8mln~ 'sno! l"rllIHY'I'r"' '>:>"""" '"'' - - __ _ _ _ _ _ _'_D-!t~c!1 ~~,=-a~~ ~a~_\!j~ !~u:.~at~e~t! _ _ _ _ _ _ _ __ r~orm 1040- V Oej.JHrtln"'l_ c:r l~'e T"'<bury Internal I-\"""enuo :3e(\ice Payment Voucher ... Do not staple or attach this voucher to your payment. 2 Enter Your Social Security Number 3 -- - - - - - - - - - -.- - --. OMB No 1545.0074 2000 202-36-8958 5 Enter Your Name(s) John W & Suzanne F Barth Enter Your Address ~ Enter the Amount 'l:"ou Are Payin~1 by Check or Money Order $ 243, 2524 S. Market Street Enter Your City Mechanicsbur FDIA8601 10/24/00 State ZIP Code PA 17055 COOi)(190387 THE: TRAVELERS INSURANCE CO 1 TOWER SQUARE, 5MS 1216 HA~:TFORD, CT 06183-4051 SUZANNE BARTH 2524 SOUTH MARKET MECHANICSBURG PA PAYER'S Federal ID # I 06~~~~~~Oi(:=-~ ~~~~~~==~~~8gB3252PA1 OMB NO, 1545.0119 .....r--1",'.....u, ,.-,..,'-- ST 17055-5555 RECIPIENT'S ID # ~-40-8017 9b Total employee contributions COpy C . For Recipient's Records [J Corrected (if checked) 0 i 2000 FORM 1099-R Distributions From Pensions, Annuities, Retirement o. r p'. ofjt.Sharlng Plans, I IRAs, Insurance Contracts, etc. This Information IS bell"lg furnished to the Internal Revenue Sel'\fice. 1 Gross distribution 2a TaKable amounl $8,170,57 $8,170,51 2b Ta)(able amount 0 Total 0 I not determined distribution J Capilal gain 4 Federal income tax~- (Include8 In bOK 2a) withheld $1,634,12 I 5 Ell1ployee contribl!tlons Net unrealized appreciation or InsuranCe premiums In employer's se::urllies 7 Distribution IRA/SEP/ B Other I~I code 1 SiDle L%) 910ia~~i~Mb~~~~ge of 10 Stale taK withh~,Jd % L_ ~1 :otale/Payer's state no 12 State dlstllbutlon I PN060566090 ANY QUESTIONS, WRITE ANNUITY SERVICES,5MS ! OR CALL MONDAY THRU FRIDAY 8AM - 7PM, EST I AT 1-800,842-9406 Department of lhe Treasury. In'.ernal R'venue S~fVice ,",CThr... "'CQC ....- dTotal nurmer ofexernptionsclaimed ....,.. .._.............,.......'.. ..-.. ...... ......... =-..::. ..1 21 7 Wages, salaries. lips, etc. A\laChForm(s} W-2 ........................................ 7 66.336. BaT"-inleresl A1lach Schedule B if required ................ _..,......... ........... 8a b Tax...-npl ,"rerest. Do not Include on line Sa ..... - . , . . . . . LBbl 9 Ordinary dividends. AIIach Schedule B if required .......................... - .. .. .. , .. - 9 10 Taxable refunds. 0'_. .. olIsels of _ and local income _'" (see insIructionS) ..... 10 11 Alimony received ....,......,...,.,............,..,...,.............,.......,...... 11 12 Business income or (loss). Attach Schedule C or C.EZ .. . . .. . .. . .. . .. .. . .. .. .. . .. .. . ... 12 13 Capital gain .. (loss). Attach Schedule 0 if required. If rot required. check here .... · 0 13 14 Other gains or (losses). A\IaCh Form 4797 ...,..,.....,......,....... - .. .. . . .. . .. - .... 14 15a Total IRA distributions _ .: . . .1 15al I b Taxable amount (see instrs) .' 15b 16" Total pensIOI1S & anooiIJes .J16;1 b Taxable amount (see inslrs).. 16b 17 Rental real estate, r~, paob....hi"'", S co.""'dtiuolS. trusIs. etc. A\IaCh Schedule E.. 17 18 Farm income or (loss). Attach Schedule F ..,."..,...................,...,...,....... 18 19 UnernpIoymenl~tion ............. .._........................ .._.... ........ 19 211" SoI:iaI SOClOiIl' _ ..... I 2IIal I b T....1bIe amount (see instrs).. 2IIb 21 IltIJer income. USllMJe & amount (see i.....) 21 22 Add lhe amounIs in !he far right c:oIun1il b-I;MS 'i tiir;;';;;il ii .-ThiS is ;-.,;;. ioIiI it-=; -:. · 22 23 IRA deduction (see inslrUcIions).. . .. _ .. .. .. .. . .. .. .. .. . -.. 23 24 SludenIloan interest deduction (see instructions) ... _ . . . . . .. 24 25 Medical savings account deduction. AIIach Form 81153 . . . . . .. 25 216 Moving expenses_ AIIach Form 3903 .. .. , . .. .. .. - .. . ~.. .... 216 Z1 One-half of self-employmeol tax. AIIach Schedule SE ,..,... Z1 28 SeIf-e....,1oyed health insurance deduction (see instructions) 28 29 Self-employed SEP, SIMPlE. and qualified plans . _ . . . . . . . .. 29 3lI Penally on early withdrawal of savings .. .. . .. .. .. . .. .. . .... 3lI 31"Ali_paidbReo:ipient'sSSN..... ....31a 32 Addlines23l!11lugh31a ........,......,...............,.........................,...... 32 33 Sublraclline 32 from lme 22. This is your adjuslI!d glOSS income _.. .. _ .. .. .. .. . .. ..... 33 BAA For DI!".cIosure, Privacy Act,. and Paperwork Reduction Act Notice, see instructions.. Form 1 040 Label (Seeinsb'u;:boRs...) use the IRS-. Otherwise. please prinl or type. F. iT. dial - C-... -9'1 (See insIJul;tions.) Filing Status Check only one box. Exemptions If more than six depender'ttr,. see instructtorT5. Income AlIach Forms W-2andW-2G ---- Fonn(s) 11199-<R if lax WlIS withhold. If you did rol get a W-2, :sef~ instructions. Enclose. but do rot attach. ""y paymenllllso. plE>.ase use Fonn l040-V. Adjus1ed Gross Income Fa< Department of the TteaSl.I'y - Internal Revenue Service U.S. Individual Income Tax Return the year Jan l-Oec 31. 2000. or other tax .ear beginning Your FIISt Nime .. laslName 202-36-8958 ---- 197-40-8017 . Important! . You _ enter you' social security number(s} above. 2000 1l99l , 2000, ending IRS use only - Do not wrile or slaplt! in 1tlis space. , 20 I OMS No. 1545-007' v....SarW 5eadw'......... John . a JoinlIWum. Spouse"s Fnt Name W Ba rth 1M ""'...... Suzanne F Barth Harne AGIIeSS (~and sIred). If You Have a P.o. 8aJ;, See 1nstnEtiORS. 2524 S, Harket Street City, TDM'l or Post Office. If You ~ a Foreign AddreSS. see tnsbul;tions.. Hechanicsburl! _,No. s.- lIP """" PA 17055 Spouse Xlyes nNo . _ Checking "Yes" will rot change yoUI' tax or reduce yoUI' refund, 00 . or r 5 itfili a - inl return. want $3 to go to 1hisfund? ... - -.. -- 1 2 3 4 Single Married filing joint rebJm (even if only one had income) Married filing separate return. Enter spouse's SSN above & lull name here .... Head of household (with qualifying person). (See instructions.) If lhe quaIilying per.;on is a child but not you' dependent, enter this child"s name here .. . · Quality' widow(er with dependent child ear souse died. ). (See inslruclionS.) ~';'~:~~~_~t.e)can_c~~. ,,:,.a_depender1t.~.~.~....} :-:'::=.. .L21 .... _....... _..... _......... _.... _ _ _... _....................... _.. _. _..- ..01,.. (:OOeIlendenl's (3) Depenlenfs (4) · =... SOcial security relationship - -.... I number toyou -..._...:.i:.... ..... ~ . lidllDllM "you"'. cIivan:lI:Clf's.p-1I =--~~ .-L--' -... =r...1 I 5 6a b c o.,.....denIs:: (1) First name last name 10,807. 77 .143. 77 , 143. Form 1040 ('2000) FDfA0112 11107100 Form 1_ (2000) John W 8< Suzanne F Barth 202-36-8958 Paae 2 Tax and 34 Amount from line 33 (adjusted gross income) .......".".,.......,....,....,.,',.".. 34 71,143, Credits 350 CheCk it. 0 You were 65101der, 0 Blind; 0 Spouse was l;sIokler, 0 Blind.l[ Add \he I1lIft>er of boxes checked above and enter \he lotaI here . . . . . . . . . . . .. 350 S~ 1_ b If you are married filing separately ~ spouse ilemizes deductions, 35bO or you were a dual-5lalus alien, see . ions and check here ............. · -.man 36 Enter your i.....' . __from Schedule A, line 28, or ....-,1_....... tor_ - shown on \he Iell. But see instrUctionS to find your ~ -.ction if you checked PeapIe any box on line 35a or 35b or if someone can claim you as a dependenl . . . . . . . . . . . . . . . .. 36 7,350. Single: 'Sl SubIract line 36 from line 34 ....____....__........__............................--. 'Sl 69,793. $4,400 38 " ti... 3( is $116.101 or less. _ply $2,IIIl ~ U.1DlaI number II """""",,IS claimed ...Ii... 6d. " Ii... 3( Head of is_$1I6.JOO. ...the_inthei_onsforll1eamountlD_.....................,...... 38 5,600. household: 39 TlIlGIbIe _ Subtract line 38 from line 37. II line 38 is more Ihan lire 37. enter -0. ...- 39 64,193. $6.450 ... Tox (... inslJs~ Chock if "",tal is from . 0 Fonn(s) 8814 b 0 Fonn 497Z ... 12,269. ! ...-..-....--.--.---.-- Married filing :i 41 Alternative minimum tax. AttaCh Form 6251 .. , .. .. .. .. . .. .. .. . -_.--_.-- 41 jointly or 4Z Add lines 40 and 41 :::::::.~ 4Z 12,269. Qualilying ...--................................... .. ..... _(er): 4'3 Foreign lax crediL AttaCh Form 1116 if required. . . . . . . . . . . . . 4'3 $7,350 44 Crdt for diId 011I dopnIenl care __ _ Fonn 2441 44 .........- Married filing 45 Credit lor the elderly or the disabled. AlIach Schedule R . . , . ' 45 separately: 46 Educationcredils. _ Form 8863. ....................., 46 $3,675 L-----_.___ 111 01iId tax credit (see instructions).......................... 111 .. Adoption credit. AlIach Form 8839 .. . .. .. . .. .. .. . . .. . ' .. . .. .. 49 Other. Check ilfrom... 8Form 3110O b OFonn 8396 c 0 Fonn 8801 d Form (specily) 49 50 Add lines 43l1vuU4lh 49. These are your - credits .......- .....-.. -.....-.. .....-........... 50 51 Subtract line 50 from line 42. If line 50 is more than line 42. enter ..()- . . . ............... . 51 12,269. 52 SelI-dI.,AuyII....4taa.Attal:hSclledlRSE.... -.... -....... -....... -.........................-. 52 Other 53 Social securi4' and Medicare laloo1ip inoome noll\!llOllOd 10 empIoJEr. - lOOn 4137 ...-...........-- 53 Taxes 54 Tax on IHAs, other retirement plans, and MSAs. Atlach Fonn 5329 if required..., . ,No". 54 1,081. 55 Advance earned income credit payments from Fonn(s) W-2 .-.. ..,...... ............... 55 56 Household empIoymenl taxes. AttaCh Schedule H . . . . . . . . . . . . . . . . . . . . . . . ............. 56 '>1 Add lines 51.56. Tlis is ..urllllaltu....".".,..,.,...."..,." ....,..,... .... .......... . '>1 13,350. Payments 58 FedefaI income tax wiIhheld from Fonns w.:z and lm9 . . . . . . 58 13 107. II you have a L !iI!I 1lDI"",,-lal""""" 011I_......... ,.,.. 1900 reIum . . . . . . . . !iI!I qualilying 6OaEamedincomecredit(ElC)........."...,.....,..,.,..., . 60. child. attach r b~ earned income: amount . ~ EIC and lype . ~ 61 ----------------------- Excess social security and RRTA lax withheld (see instrs) ... 61 62 Additional child tax credit. Allach Form 8812 ............... 62 63 _paid_......,.tfor_lDfile(...inslruttiGns), ......... 63 64 Other payments. Check if from . . . .. . o Fonn :i!439 b o Form 4136 . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . ....... 64 115 Add lines 58. 59, 6Oa, _ 61 through 64. These are you- tatillpayll......b ......... ..... ..-............... -.. ... ......... .......... ......... . 115 13,107. Refund 88 U line 65 is more than Ii... 57, _Ii... 57 from line 65. Tlis is the amount)OlU -..aid . . . . , ........... 88 Have it directly fila A.rnolri: of line 66 you want Jet....ildl r to you ....-.-........-.-....-.....-.-.. 0__'_" . 67. deposited! See ~ b Routing number .."'" ~ c Type: [] Checking o Savings instructions and fin in 67b. 6k. ~ d Account number ....... _67d. 68 Amounlolline66youWMloppliedIDJIIlII'llIII-tu....,... .168 I -' Amount 69 ~F~ ~e::~eo'::"~":. ~~=::OI1lline 57: l11i'is lhellllOlllll.you..... . You Owe 69 243. 10 Estimaled tax penalty. Also include on line 69 ..............110 I Sign Here Joint reb.Rn? See instructions_ Keep a copy for your r'ecords. l.lnder penalties of perJury. I declare that I have exat!'med this relum and acoornpanytng ~uIes and ~ and to: the best of my knowledge and belief. they are true, correct. and complete. 0edaRlti0n of prepamr (oChef Ihan f.alcpayer) f5 based on aU infonnation of which preparer has allY knOwledge. Y"'f~ 1-'l'. I """ y....~ 1_""'1"'-' RlWl112 10130IOO ~r::::.(,~ 7,,/,/~~-:,":/C, / f),"") clerk (717) (,'/7-- 9/-';(, \SJ 's signature. It a ~t . ....~S9J. Spouse'S'~ _the m disoIss I~ ~ . ,-.~"v''''-_l, \ "---,,,'I-\J'. ,)ex clerk l;:r';;':\'f"'~ Date ~areI''S ssrt 0" P1'fl Paid PYeparer's Use Only ~. FlIIl1sNaIne (ClI"JOIIISI -_. ..........- ZIP Code .. Self-prepared ... Phone .... Form 1040 (2000) Form W2 Wage and Tax Statement 2000 Department ofthfl Treasury- Internal Revenue Service I a C-mtrolnJrob"r J OM8No.1545-DOOa Tn"lnrorm'tlon I" b.",~ furnl'h.d'o In. Int.mll ".....nu. S,,...,<. IryoU or. roquhd to tll. o to> '''urn rSDl::p~oO o ~'o"~o"" """."~. ,- 0'"'" ..",,,~~ mOl' ,. ''''.O''''~" ''"'' ~'~" 'n<"..., I, ""hl_ .~~ \_" "~", -'c-'" " B7~~1575:t42numb..r I d EmPI2o'~t:cj'6:u819n58..r 1W"glil$,tips,othereo",p.n~-ati(m 2F-.d.....tin.,om.t.~wilhh.ld 46342.75 8958.88 ICEmpl<ly"r"nl,m..,add.ess,,,ndZlPeOd. 3S0cllllsecurltywages 4 Sod...! securj,yta~ wilhheld DFAS OPLOC-CHAS (ZGT) 0.00 0.00 1545 TRUXTUN AVENUE SUITE C 5 M.dicat~ w"ges "nd U~IS 6M8dicarelllXWt,hh.ld CODE p 4634Z.75 671.97 CHARLESTON SC 29405-1968 7Socialucuri'ytips 8Alloc"l.dtlps 0.00 0,00 .-.- 9Advanc.EICp"ymenl 100epe"d8nlc"r"b.n.fiIS . E"mploy...'S nam.., address, "ndZip cod.. 0.00 JOliN W BARTII 12 S"nefitstncludedinb"x 1 14 See inslrs. for box 14 - 2524 S MARKET ST V 333.90 MECH'iNICSBURG PA 17055-5555 13S.... instrs, for box 13 X 10.00 " DSlalu~~~ [JO.cea""d !ZJp"nsion DL"~'" DDe~~Bo ern 10.... Plan com "n'.,1I1ion 16S'aw I sM3:r6 2"1605 n4'0 17St..teWlIgu,tips,.'c, 18 State income tax 19 Loc..fityn..me 20 Localw"gn,tips, "tc. 21 Loclll income ,..x PA 46342.75 1297.63 HAMPDEN 46676.65 466,72 [...mm 0.00 0.00 HAMPDEN 0,00 0.00 Copy C For EMPLOYEE RECORDS (See Notice on back) Form W2 Wage and Tax Statement 2000 Department of the Treasury_ Internal RQvenue Service I OMS N~.154-5:00UB - - lao.:ont'''lrKnll,er i C5_D.1:32800 ,I, Erl'pl<'yer 'd~nlificationnumber I d emp'20'2:~316:u89n58er 1Wllges,lips,olheroomf,ensallon 2 Federallnoome lax withheld : 31--1';75142 ,16342.75 8958,88 ---- 0-..___------- cEmployer 'name, eddr~ss, and ZIP code JSoeialucurityw"ges 4 Social security tax withh~rd DFA5 OPLOC-CHAS (ZGT) 0.00 0,00 1545 TRUXTUN AVENUE SUITE C 5 M.dic..... w..gS$ and tip.; 6MDdic..rs.axwithh.ld CODE P '~6342. 75 671.97 CHl'gLESTON SC 29405-1968 7 Social s.curity lips II AUocal.dtips -- fe~-E;;';-~~;';;-s name, address, and Zip eode 0.00 0.00 9 Adv.n~e EIC Pllym.nt 10 Oependentcllrabenefi!s CSD'n~,o 0,00 JOHN W BARTH 12 B.n.filslneludedinbo" 1 14 S".'n$lr$. for box 14 2524 5 MARKET 5T V 333.90 MECHANICSBURG PA 17055-5555 13 s.... inltr... for box 13 X 10.00 " --- DSlslutOry [JO.c.~sed [X]psnSion o Le"el DOeferrsd ---~ . --- employee Plen co, compansil(ion 16 State Employsr's ststs 1.0. no. 17 Stsl.wag.s,lips, elC, lllSllltS incoms tax 19 LOclllitynllms 20 Loclllwllges,tips,sle. 21 LOClll ineome tax ~,'------- PA .. M3-6216540 46342.75 1297.63 HAMPDEN 46676.65 466,72 0.00 0,00 HAMPDEN 0.00 0.00 Copy 2 To Be Filed With Employee's State, City, 0 Local Income Tax Return myPay Page 1 of 1 ~ View other LESs.' 06/2812003 ;1' I Go I _ myPay I Save II Print I DEPARTMENT OF DEFENSE 1. Pay Period End 06/28/03 CIVILIAN LEAVE AND EARNINGS STATEMENT VISIT THE DF AS WEB SITE AT: WWW.DFAS.MIL 1. Pay Date 07/03/03 3. Name BARTH JOHN W 4. Pay PlanJGradelStep So HourlylDlily Rate 6. Bule OT Rite 7. Batie Pay + Locality Adj - Adjusted Bule Pay GS 11 08 19,97 30.83 62S4ll,OO 8. SoeSeeNo 1ll2,36-89S8 9. Locality e;. 9,62 10. FLSA Cdepry 11. seD Lene U. Mu Le.ve Carry Over 13. Leave Year Ead E 10/01n3 2AO 01/10/04 16. Financial Institution - Allotment 1# 2 14. FiDudalIDStltutloo - Net Pay MEMBERS 1ST FCU 17. To Marital Exemptions Add') Slat.. FED S PA S 15. Fiauclallnlltitutioa - Allotment #1 18. To: MarltalExemptloDl Add'. TalingAutbority Statu 421080 S HAMPDEN TS PA 19. Cumulative Retirement 20. Military Deposit CSRS: 27078.19 21. Current Year to Date 22. GROSS PAY 2397,60 34097.48 TAXABLE WAGES 23SI,94 33467,32 NONTAXABLE WAGES 4S,66 630,16 TAX DEFERRED WAGES DEDUCTIONS 894,7S 13028,37 AEIC NET PAY IS028S 21069,11 CURRENT EARNINGS TYPE HOURSlDAYS AMOUNT TYPE HOURSlDAYS AMOUNT TYPE REGULAR PAY 110,00 2397,60 HOURSlDAYS AMOUNT DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE CHARITY 0746 200 34.00 FEGU ZI 9,7S 136.S4 FEGUOPTNL ABC 92,3S 130S,60 FEHB 104 4S,66 630,16 MEDICARE 34,11 48S,28 ORGIUNION IS6A 13,00 179.00 RETIRE, CSRS I 167.83 2339,S4 TAX, FEDERAL 440.68 663203 TAX, LOCAL 421080 23,S2 339,18 T AX,LOC acc 421080 10,00 TAX, STATE PA M.8S 937,04 LEAVE TYPE PRIOR YR ACCRUED ACCRUED USED USED DONATEDI CURRENT USE-LOSE! YTD PAYPD YTD RETURNED BALANCE TERM DATE BALANCE PAY PD ANNUAL 23.30 8.00 96,00 14,00 S9,SO S9,80 SICK 20,00 4,00 48,00 S7,OO 11,00 COMPENSATORY 4,00 1.00 3,SO ,SO DONATED 48,00 48.00 HOLIDAY 24,00 ADMIN 20,00 REMARKS YOUR PAYROLL OmCE IOENTIFlCATION NUMBER IS 97380500. MINIMUM HOLDING PERIOD FOR SERIES EEII BONDS ISSUED AS OF FEBRUARY 2003 IS NOW 12 MONTHS, PRETAX FEHB EXCLUSION $ 45.66 TInS REPORT CONTAINS INFORMATION SUBJECT TO THE PRIVACY ACT OF 1974 AS https://mypay.dfas.mil/cgi-WIN/WC,dll?LEDCPS-LeMain-DISPLA Y -LEPPD 1 7/21/2003 myPay Page 1 of 1 ~ View other LESs I 05/17/2003 3GOl _ m~'l'a~ Save I Print I DEPARTMENTOF DEFENSE 1. Pay Period End 05117/03 CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date VISIT THE DFAS WEB SITE AT: WWW,DFAS,MIL 05123/03 3. Name 4. Pay Plan/Grade/Step 5. HourlylDaily Rate 6. Basic OT R.llte 7. Basic Pay + Locality Adj - Adjusted Basic Pay BARTH JOHN W GS II 08 29.97 30.83 62548.00 8. Soc Sa: No 9. Locality % 10. FLSA Category 11. SeD Leavl~ 12. Max Leave Carry Over 13. Leave Year End 202-36-8958 9.62 E 10/01/73 240 01/10/04 14. Financial Institution - Net Pay 115. Financial Institution - Allotment #1 16. Financial Institution - Allotment # 2 MEMBERS 1ST FeU 17. Tax Marital Exemptions Add'l 18. Tax Marital Exemptions Add'l Taxing Authority 19. Cumulative Retirtment 20. Military Deposit Status Status CSRS FED S 421080 S HAMPDEN TS PA 26574.80 PA S 21. Current Year to Date 22, GROSS PAY 2397.60 26904.68 TAXABLE WAGES 2351.94 26411.50 NONTAXABLE WAGES 45.66 493.18 TAX DEFERRED WAGES DEDUCTIONS 924,00 10344.60 AEIC NET PAY 1473.60 16560.08 CURRENT EARNINGS TYPE HOURS/DA YS AMOUNT TYPE HOURS/DA YS AMOUNT TYPE HQURS/DA YS AMOVNT REGULAR PAY 80.00 2397.60 DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE CHARITY 0746 2.00 28.00 FEGLl ZI 9.75 107.29 FEGLl OPTNL ABC 92.35 1028.55 FEHB 104 45.66 493.18 MEDICARE 34.11 382.97 ORGiUNION 156A 13.00 140.00 RETIRE, CSRS I 167.83 1836.05 TAX, FEDERAL 469.47 5309.99 T AX,LOC ace 421080 10.00 TAX, LOCAL 421080 23.98 269.08 TAX, STATE PA 65.85 739.49 LEAVE TYPE PRIOR VR ACCRUED ACCRUED USED USED DONA TED/ CURRENT USE-LOSEI YTD PAY PO YTD RETURNED BALANCE TERM DATE BALANCE PAY PD ANNUAL 23.30 8,00 72.00 .50 27.50 67,80 SICK 20,00 4.00 36.00 32.00 24,00 COMPENSATORY 4.00 2.50 1.50 DONATED 48.00 48,00 INJURY (COP) 5.00 14.00 02/24 HOLIDA Y 16.00 ADMIN 20.00 REMARKS YOUR PAYROLL OFFICE IDENTIFICATION NUMBER IS 97380500, ENROLL IN TSP - OEAOLINE FOR OPEN SEASON IS JUNE 30, BUY US SAVINGS BONOS, MINIMUM HOLDING PERIOO FOR SERIES EE/I BONOS ISSUEO AS OF FEBRUARY 2003 IS NOW 12 MONTHS, NET PAY BANK/ACCOUNT NUMBER/ACCOUNT TYPE CHANGED. PRETAX FEHB EXCLUSION $ 45,66 THIS REPORT CONTAINS INFORMATION SUBJECT TO THE PRIV AC" ACT OF 1974 AS AMENDED https:llmypay,dfas,mil/cgi-winlwc,dll?LEDCPS-LeMain 5/21/2003 myPay Page 1 of 1 ~ View other LESs I 05/03/2003 ]' Gol _ myl'ay $SVElIPtintl DEPARTMENT_OF DEFENSE 1. Pay Period End 05/17/03 CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date VISIT THE DF AS WEB SITE AT: WWW,DFAS,MIL OS/23/03 3. Name 4. Pay Plan/Grade/Step S. HourlylDaily Rate 6. Basic OT Rate 7. Basic Pay + Locality Adj = Adjusted Basic Pay BARTH JOHN W OS 11 08 29.97 30.83 62548.00 8. Soc See No 9. Locality % 10. FLSA Category 11. SeD Leavl~ 12. Max Leave Carry Over 13. Leave Year End 202-36.8958 9.62 E 10/01/73 240 01110104 14. Financial Institution - Net Pay 115. Financial Institution - Allotment #1 16. Financial Institution - Allotment 14 2 MEMBERS 1 $T FeU 17. Tax Marital Exemptions Add" 18. Tax Marital Exemptions Add') Taxing Authority 19. Cumulative Retirement 20. Military Deposit Status Status CSRS: FED S 421080 S HAMPDEN TS PA 26574.80 PA S 21. Current Year to Date 22, GROSS PAY 2397.60 26904.68 TAXABLE WAGES 2351.94 26411.50 NONTAXABLE WAGES 45.66 493.18 TAX DEFERRED WAGES DEDUCTIONS 924,00 10344,60 AEIC NET PAY 1473.60 16560.08 CURRENT EARNINGS TYPE HOURS/DA YS AMOUNT TYPE HOURS/DA YS AMOUNT TYPE HOURS/DA YS AMOUNT REGULAR PA Y 80.00 2397.60 DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE CHARITY 0746 2.00 28.00 FEGLI Zl 9.75 107,29 FEGLI OPTNL ABC 92.35 1028,55 FEHB 104 45.66 493,]8 MEDICARE 34.1 ] 382.97 ORO/UN10N 156A 13,00 140.00 RETIRE, CSRS 1 167,83 1836.05 TAX, FEDERAL 469.47 5309.99 T AX,LOC OCC 42]080 10.00 TAX, LOCAL 421080 23.98 269,08 TAX, STATE PA 65.85 739.49 LEAVE TYPE PRIOR YR ACCRUED ACCRUED USED USED DONA TEDI CURRENT USE.LOSEI YTD PAY PD YTD RETURNED BALANCE TERM DATE BALANCE PAY PD ANNUAL 23.30 8.00 72.00 50 27,50 67.80 SICK 20.00 4,00 36.00 32.00 24,00 COMPENSATORY 4,00 2.50 1.50 DONATED 48.00 48.00 1NJURY (COP) 5,00 14.00 02/24 HOLIDA Y 16.00 ADM1N 20.00 REMARKS YOUR PAYROLL OFFICE IDENTIFICATION NUMBER IS 97380500, ENROLL IN TSP - OEAOLlNE FOR OPEN SEASON IS JUNE 30. BUY US SAVINGS BONOS. MINIMUM HOLOING PERIOO FOR SERIES EE/I BONOS ISSUED AS OF FEBRUARY 2003 IS NOW 12 MONTHS, NET PAY BANK/ACCOUNT NUMBER/ACCOUNT TYPE CHANGED, PRETAX FEHB EXCLUSION $ 45,66 THIS REPORT CONTAINS INFORMATION SUBJECT TO THE PRIVACY ACT OF 1974 AS AMENDED https://mypay.dfas.millcgi-winlwc.dll?LEDCPS-LeMain 5/21/2003 myPay Page 1 of2 _ myPay I Save II Print I ~ View other LESs 04/19/2003 ':fl. I Go I DEPARTMENT OF DEFENSE 1. Pay Period End 04119103 CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date VISIT THE DF AS WEB SITE AT: WWW.DFAS,Mll. 04125/03 J. Name 4. Pay PlanlGradelStep 5. HourlylDaily Rate 6. Basic: OT Rate 7. But.:: Pay + Locality Adj "" Adjusted Basic: Pay BARTII JOHN W GS 11 08 29,97 30,54 62548.00 8. Soc: See No 9. Locality 0/0 10. FLSA Category 11. SCD Leavl~ 12. Max Leave Carry Over 13. Leave Year End 202,36.8958 8,64 E 10/01173 240 01/10/04 14. Fioaadallnstitution - Net Pay 115. Financial Institution - Allotment 1ft 16. Financial Institutioo - Allotment #:2 MEMBERS 1ST FCU 17.Tu Marital Exemptions Add'. 18. To MarltalEs.emptions Add') TniogJUthority 19. Cumulative Retirement 20. Military Deposit Status Status CSRS, FED S 421080 S HAMPDEN TS PA 26239,14 PA S 21. Current Ye... to Date n. GROSS PAY 2397,60 22107,44 TAXABLE WAGES 2351.94 21705.58 NONTAXABLE WAGES 45.66 401.86 TAX DEFERRED WAGES DEDUCTIONS 923,99 8495,96 AEIC NET PAY 1473,61 13611,48 CURRENT EARNINGS TYPE HOURSlDA YS AMOUNT TYPE HOURSlDA YS AMOUNT TYPE HOURSlDAYS AMOUNT REGULAR PAY 80.00 2397,60 DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE CHARITY 0746 200 24,00 FEGLI ZI 9,75 87,79 FEGLI OPINL ABC 92,35 843,85 FEHB 104 45,66 401.86 MEDICARE 34.10 314.73 ORGIUNlON 156A 13,00 114,00 RETIRE, CSRS 1 167,83 1500.39 TAX, FEDERAl. 469,47 4370,51 TAX,1.OC OCC 421080 10.00 TAX, LOCAl. 421080 23.911 221.10 TAX, STATE PA 65,85 (f,)7,73 LEAVE TYPE PRIOR YR ACCRUED ACCRUED USED USED DONATED/ CURRENT USE.LOSE! YTD PAY PO TID RETURNED BALANCE TERM DATE BALANCE PAY PO ANNUAl. 23,30 8,00 56,00 1.00 25,00 54.30 SICK 20,00 4,00 28,00 32,00 16.00 COMPENSATORY 4,00 2,50 2,50 1.50 OONATED 48,00 48,00 INJURY (COP) 3.00 5.00 02124 HOLIDAY 16,00 ADMIN 20,00 REMARKS YOUR PAYROLL OFACE IOENTIACATlON NUMBER IS 97380500, ENROLL IN TSP - OEADLINE FOR OPEN SEASON IS JUNE 30. BUY US SAVINGS BONOS. USE THE WORK NUMBER FOR EMPLOYMENT VERIACATION: 1-800-367-2884 OR WWW.THEWORKNUMBER.COM. MISSED TAX DAY? CALL THE IRS FOR ASSISTANCE AT 1-800-829-1040 OR ACCESS THEIR WEBSITE AT WWW.IRS.GOV. MINIMUM HOLDING PERIOO FOR SERIES EEII BONDS ISSUEO AS OF FEBRUARY ;!003 IS NOW 12 MONTHS. EFFECTIVE MAY 3RO OTHER GOVERNMENT OEBTS WILL BE COLLECTED VIA THE -rREASURY OFFSET PROGRAM SAFEGUARO AGAINST SOCIAL SECURITY NUMBER II. IDENTITY THEFT, GO TO_WWW.CONSUMER,GOV/IDTHEFT. PRETAX FEHB EXCLUSION $ 45.66 TInS REPORT CONTAINS INFORMATION SUBJECT TO THE PRIV ^,~Y ACT OF 1974 AS AMENDED https:llmypay.dfas.mil/cgi-winlwc.dl1?LEDCPS-LeMain 5/5/2003 myPay Page 1 or I _ myPay I Save 11 Print I ~ View other LESs. 04/05/2003 II I Go I DEPARTMENT OF DEFENSE 1. Pay Period End 04/05/03 CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date VISIT THE DFAS WEB SITE AT: WWW,DFAS,MIL 04/11103 3. Name 4. Pay PlanlGradelStep 5. HourlylDaily Rate 6. Basic OT Rate 7. Basic: Pay + Locality Adj = Adjusted Bailie Pay BARTIl JOHN W GS J\ 08 19.97 30,54 62548,00 8. Soc Sec No 9. Locality -Ie 10, FLSA Category 11. seD Lean 11. Max Leave Carry Over 13. Leave Year End 202-36-8958 8,64 E 10/01/73 240 01110/04 14. Finuciallnstitutlon - Net Pay 115. Financial In!ltitution - Allotment #1 16. Financial Institution - Allotment II 2. MEMBERS 1ST FCU 17. Tu:. Marital Exemptions Add') 18.Tu MatitalExemptions Add'l Tu.ingAuthority 19. Cumulative Retirement :10. Military Deposit Status Status CSRS, FED S 421080 S HAMPDEN TS PA 26071.31 PA S 11, Current Year to Date 11, GROSS PAY 2397.60 19709,84 TAXABLE WAGES 2351.94 19353.64 NONTAXABLE WAGES 45,66 356,20 TAX DEFERRED WAGES DEDUCTIONS 924.00 7571.97 AEIC NET PAY 1473,60 12137.87 CURRENT EARNINGS tyPE HOURSlDA YS AMOUNT tyPE HOURSlDA YS AMOUNT TYPE HOURSlDA YS AMOUNT REGULAR PAY 80.00 2397,60 DEDUCTIONS tyPE CODE CURRENT YEAR TO DATE tyPE CODE CURRENT YEAR TO DATE CHARITy 0746 200 22,00 FEGLl ZI 9.75 78,04 FEGLl OPTNL ABC 92.35 751.50 FEHB 104 45,66 356,20 MEDICARE 34.11 28Q.63 ORGIUNlON 156A 13.00 101.00 RETIRE. CSRS I 167.83 133256 TAX. FEDERAL 469.47 3901.04 TAX. LOCAL 421080 23,98 t97,12 TAX,LOC OCC 421080 10,00 TAX. STATE PA 65.85 541.88 LEAVE tyPE PRIOR YR ACCRUED ACCRUED USED USED DONATED/ CURRENT U8E.LOSFJ y'fD PAY PO YTD RETURNED BALANCE TERM DATE BALANCE PAY PO ANNUAL 23,30 8.00 48,00 50 24,00 47.30 SICK 20,00 4,00 24,00 32.00 12.00 COMPENSATORY 250 4,00 4,00 OONATED 48,00 48,00 INJURY (COP) 2.00 2.00 02124 HOUDAY 16,00 ADMIN 20,00 REMARKS YOUR PAYROLL OFFICE IOENTIFlCATION NUMBER IS 97380500, ENROLL IN TSP - OEAOLINE FOR OPEN SEASON IS JUNE 30. BUY US SAVINGS BONOS MINIMUM HOLOING PERIOO FOR SERIES EEII BONDS ISSUED AS OF FEBRUARY 2003 IS NOW 12 MONTHS, flUNG YOUR PERSONAL INCOME TAX BY APRIL 15TH IS ANOTHER WAY YOU CAN SUPPORT YOUR COUNTRY, EFFECTIVE MAY 3RD OTHER GOVERNMENT OEBTS WILL BE COLLECTED VIA THE TREASURY OFFSET PROGRAM PRETAX FEHB EXCLUSION $ 45.66 RETROACTIVE TIME ANO ATTENDANCE AOJUSTMENTS PROCESSEO. TIllS REFORT CONTAINS INFORMATION SUBJECT TO TIlE PRIVACY ACT OF 1974 AS AMENDED https://mypay,dfas.mil/cgi-WJNIWC,dll?LEDCPS-LeMain-DlSPLA Y -LEPPDl 5/5/2003 myPay Page 1 of! _ myPay I Save II Print I ~ View other LESs' 03/22/2003 ,II. I Go I DEPARTMENT OF DEFENSE 1. Pay Period End 03/22/03 CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date VISIT THE DF AS WEB SITE AT: WWW,DFAS,MIL 03/28/03 3. Name 4. Pay PlanlGradelStep 5. HourlyJDaily Rate 6. Basic OT Rate 7. Basic Pay + Locality Adj - Adjusted Basic Pay BARTIlJOHNW GS 11 08 '}9,97 30,54 62548,00 8. Soc See No 9. Locality 0/. 10. FLSA C..egory 11. SCD Leavt!! U. Mas. Leave Carry Over 13. Leave Year End 2Jl2-36-8958 8,64 E 10/01173 240 01/10/04 14. Financial Institution - Net Pay 115. Financial Institution - Allotment #1 16. Financial Institution - Allotment # 2- MEMBERS ISTFCU 17. To: Marital Exemptions Add') 18. Tn: MaritalE1emptioDS Add'l TaxingAuthority 19. Cumulative Retirement 20. Military Deposit Status StatuI CSRS, FED S 421080 S HAMPDEN TS PA 25903,48 PA S 21. Current Year to Date n. GROSS PAY 2458.68 17312,24 TAXABLE WAGES 2413,02 17001.70 NONTAXABLE WAGES 45.66 310,54 TAX DEFERRED WAGES DEDUCTIONS 943,68 6h47,97 AE1C NET PAY 1515.00 10664,27 CURRENT EARNINGS TYPE HOURSlDAYS AMOUNT TYPE HOURSlDA YS AMOUNT TYPE HOURSlDAYS AMOUNT REGULAR PAY 80,00 2397,60 OVERTIME 200 61.08 DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE CHARITY 0746 200 2Jl,OO FEGU ZI 9,75 68,29 FEGU OPTNL ABC 92.35 659,15 FEHB 104 45.66 310.54 MEDICARE 34.98 246,52 ORGIUNlON I56A 13.00 88,00 RETIRE. CSRS 1 167,83 1164,73 TAX, FEDERAL 485,96 3431.57 TAX, LOCAL 421080 24,59 173,14 T AX,LOC OCC 421080 10,00 TAX, STATE PA 67,56 476.03 LEAVE TYPE PRIOR YR ACCRUED ACCRUED USED USED DONATEDI CURRENT USE-LOSE! YTD PAY PO YTD RETURNED BALANCE TERM DATE BALANCE PAY PO ANNUAL 23.30 8.00 40,00 6,00 23,50 39,80 SICK 2Jl,OO 4.00 2Jl,OO 27,00 32.00 8,00 COMPENSATORY 1.50 1.50 1.50 DONATED 48.00 48,00 HOUDAY 16.00 ADMIN 16,00 REMARKS YOUR PAYROLL OFFICE IOENTIFICATlON NUMBER IS 97380500. SHARE YOUR LIFE _ CHOOSE ORGAN ANO TISSUE DONATION - SHARE YOUR DECISION IT IS YOUR DUTY TO COMPLY WITH FEOERAL TAX LAWS. CALL THE IRS FOR ASSISTANCE AT 1.800-829-1040 OR ACCESS THEIR WEBSITE AT WWW.IRS.GOV, MINIMUM HOLOING PERIOD FOR SERIES EEII BONDS ISSUED AS OF FEBRUARY ;!003 IS NOW 12 MONTHS. FILING YOUR PERSONAL INCOME TAX IS ANOTHER WAY YOU CAN SUPPORT YOUR COUNTRY, MAKE SURE YOU FILE BY APRIL 15TH. PRETAX FEHB EXCLUSION $ 45,66 TIllS REPORT CONTAINS INFORMATION SUBmcT TO THE PRIVACY ACT OF 1974 AS AMENDED https://mypay,dfas.mil/cgi-WJNIWC,dll?LEDCPS-LeMain-DISPLAY- 5/5/2003 m.yPay Page 1 of 1 I~ View other LESs I 03/08/2003 ]'(;.0 I _ myl'lIY Save I Print I DEPARTMENT OF DEFENSE 1. Pay Period End 03/08/03 CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date VISIT THE DFAS WEB SITE AT: WWW,DFAS,MIL 03/14/03 3. Name 4. Pay Plan/GradeJStep 5. HourlylDaily Rate 6. Basic OT Rate 7. Basic Pay + Locality Adj = Adjusted Basic Pay BARTH JOHN W OS 11 08 29.97 30.54 62548.00 8. Soe Set: No 9. Locality % 10. FLSA C:degory 11. SeD Leav,~ 12. Max Leave Carry Over 13. Leave Year End 202.36.8958 8.64 E 10/01/73 240 01/10/04 14. Financial Institution - Net Pay 115. Financial Institution - Allotment #1 16. Financial Institution - Allotment # 2 MEMBERS 1ST FeU 17. Tax Marital Exemptions Add'l 18. Tax Marital Exemptions Add'l Taxing Authority 19. Cumulative Retirement 20. Military Deposit Status Status CSRS: FED S 421080 S HAMPDEN IS PA 25735.65 PA S 21. Current Year to Date 22, GROSS PAY 2550.30 14853.56 TAXABLE WAGES 2504.64 14588.68 NONTAXABLE WAGES 45.66 264.88 TAX DEFERRED WAGES DEDUCTIONS 973.24 5704.29 AEIC NET PAY \577.06 9149.27 CURRENT EARNINGS TYPE HOURSIDA YS AMOUNT TYPE HOURSIDA YS AMOUNT TYPE HOURSIDA YS AMOUNT REGULAR PAY 80.00 2397.60 OVERTIME 5.00 152.70 DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE CHARITY 0746 2.00 18.00 FEGLl 21 9.75 58.54 FEGLl OPTNL ABC 92.35 566.80 FEHB 104 45.66 264.88 MEDICARE 36.32 211.54 ORGIUNION 156A 13.00 75,00 RETIRE, CSRS 1 ]67,83 996.90 TAX, FEDERAL 510.70 294561 TAX, LOCAL 421080 25,50 148.55 T AX,LOC OCC 421080 10.00 TAX, STATE PA 70.13 408.47 LEAVE TYPE PRIOR YR ACCRUED ACCRUED USED USED DONATEDI CURRENT USE.LOSEI BALANCE PAY PD YTD PAY PD YTD RETURNED BALANCE TERM DATE ANNUAL 23.30 8.00 32.00 9.00 17.50 37.80 SICK 20.00 4.00 16.00 5.00 31.00 DONATED 48.00 48.00 HOLlDA Y 16.00 ADMIN ]6,00 REMARKS YOUR PAYROLL OFFICE IDENTIFICATION NUMBER IS 97380500, MINIMUM HOLOING PERIOO FOR SERIES EEII BONOS ISSUEO AS OF FEBRUARY 2003 IS NOW 12 MONTHS, OIRECT OEPOSIT IS FASTER ANO SAFER THAN A CHECK, AND I~ COMBINATION WITH IRS E-FILE, YOU COULD GET YOUR FEOERAL INCOME TAX REFUND IN HALF THE TIME, PRETAX FEHB EXCLUSION $ 45.66 THIS REPORT CONTAINS 1NFORMA nON SUBJECT TO THE PRIV AC Y ACT OF 1974 AS AMENDED https://mypay.dfas.mil/cgi-win/wc.dll?LEDCPS-LeMain 3/24/2003 myPay Page 1 of 1 ~ View other LESs I 02/22/2003 ]I Ocr I _ myl)ay ~I print I DEPARTMENT OF DEFENSE 1. Pay Period End 02/22/03 --'~'-- CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date VISIT THE DFAS WEB SITE AT: WWW,DFAS.MIL 02/28/03 3. Name 4. Pay Plan/GradeJStep 5. HourlylDaily Rate 6. Basic OT Rate 7. Basic Pay + Locality Adj = Adjusted Basic Pay BARTH JOHN W GS II 08 29.97 30.54 62548.00 8. Soc See No 9. Locality % 10. FLSA Category 11. SeD Leave 12. Max Leave Carry Over 13. Leave Year End 202-36-8958 8.64 E 10/01173 240 01/10/04 14. Financial Institution - Net Pay 115. Financial Institution - Allotment #1 16. Financial Institution - Allotment # 2 MEMBERS 18T FeU 17. Tax Marital Exemptions Add'. 18. Tax Marital Exemptions Add'. Taxing Authority 19. Cumulative Retirement 20. Military Deposit Status Status CSRS: FED S 421080 S HAMPDEN IS PA 25567.82 PA S 2t, Current Year to Date 22. GROSS PAY 2397.60 12303.26 TAXABLE WAGES 2351,94 12084.04 NONTAXABLE WAGES 45.66 2\9,22 TAX DEFERRED WAGES DEDUCTIONS 923.99 4731.05 AEIC NET PAY 1473,61 7572.21 CURRENT EARNINGS TYPE HOURSfDA YS AMOUNT TYPE HOURS/DAYS AMOUNT TYPE HOURSfDA YS AMOUNT REGULAR PAY 80.00 2397.60 DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE CHARITY 0746 2.00 16.00 FEGLI ZI 9.75 48.79 FEGLl OPTNL ABC 92.35 474.45 FEHB 104 45.66 219,22 MEDICARE 34.10 175,22 ORG/UNION 156A 13.00 62.00 RETIRE, CSRS 1 167.83 829.07 TAX, FEDERAL 469.47 2434.91 TAX, LOCAL 421080 23.98 123.05 T AX,LOC oce 421080 10,00 TAX, STATE PA 65.85 338.34 LEAVE TYPE PRIOR YR ACCRUED ACCRUED USED USED DONATEDI CURRENT USE.LOSEI BALANCE PAY PO YTD PAY PD YTD RETURNED BALANCE TERM DATE ANNUAL 23,30 8.00 24.00 8.00 8.50 38.80 SICK 20.00 4,00 12,00 5.00 27.00 DONATED 48.00 48.00 HOLIDAY 8.00 16,00 ADMIN 16,00 16.00 REMARKS YOUR PAYROLL OFFICE IDENTIFICATION NUMBER IS 97380500, MINIMUM HOLDING PERIOO FOR SERIES EEII BONOS ISSUEO AS OF FEBRUARY 2003 IS NOW 12 MONTHS, OIRECT OEPOSIT IS FASTER ANO SAFER THAN A CHECK, ANO IN COMBINATION WITH IRS E-FILE, YOU COULO GET YOUR FEOERAL INCOME TAX REFUND IN HALF THE TIME, PRETAX FEHB EXCLUSION $ 45,66 THIS REPORT eONT AINS INFORMATION SUBJECT TO THE PRIVACY ACT OF 1974 AS AMENDED https://mypay.dfas.millcgi-win/wc.dll?LEDCPS-LeMain 2/26/2003 myPay Page 1 of 1 - View other LESs I 01/25/2003 .=.f Gol _ lIlyl'ay Save I Print I DEPARTMEJ-/T OF DEFENSE t. Pay Period End 01/25/03 CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date VISIT THE DF AS WEB SITE AT: WWW.DFAS.MIL 01/31/03 3. Name 4. Pay Plan/Grade/Step 5. HourlylDaily Rate 6. Basic OT Rate 7. Basic Pay + Locality Adj '" Adjusted Basic Pay BARTH JOHN W GS II 08 29.97 30.54 62548.00 8. Soc See No 9. Locality lYo 10. FLSA Cate~:ory 11. SeD Leavl~ 1-2. Max Leave Carry Ow'r 13. Leave Year End 202-36-8958 8.64 E 10/01/73 240 01/10/04 14. Financial Institution - Net Pay 115. Financial Institution - Allotment #1 16. Financial Institution - Allotment #I 2 MEMBERS 1ST FCU 17. Tax Marital Exemptions Add', 18. Tax Marital Exemptions Add'l Taxing Authority 19. Cumulative Retirement 20. Military Deposit Status Status CSRS FED S 421080 S HAMPDEN TS PA 25232.16 PA S 21. Current Year to Date 22. GROSS PAY 2397.60 7108.06 TAXABLE WAGES 2351.94 6980.16 NONTAXABLE WAGES 45.66 127,90 TAX DEFERRED WAGES DEDUCTIONS 923.99 2754.06 AEIC NET PAY 1473.61 4354,00 CURRENT EARNINGS TYPE HOURSIDA YS AMOUNT TYPE HOURS/DA YS AMOUNT TYPE HOURS/DA YS AMOUNT REGULAR PAY 80.00 2397.60 DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE CHARITY 0746 2.00 12.00 FEGLl 21 9.75 29.29 FEGLl OPTNL ABC 92.35 289.75 FEHB 104 45.66 127.90 MEDICARE 34.10 101.21 ORG/UNION 156A 13.00 36.00 RETIRE, CSRS I 167.83 493.41 TAX, FEDERAL 469.47 1387.97 TAX, LOCAL 421080 23,98 71.09 T AX,LOC OCC 421080 10.00 TAX, STATE PA 65,85 195.44 LEAVE TYPE PRIOR YR ACCRUED ACCRUED USED USED DONA TEDI CURRENT USE-LOSEI BALANCE PAY PD YTD PAY))D YTD RETURNED BALANCE TERM DATE ANNUAL 23.30 8,00 8,00 31.30 SICK 20.00 4.00 4,00 24.00 DONATED 48.00 48.00 HOLlDA Y 8,00 8.00 REMARKS YOUR PAYROLL OFFICE IDENTIFICATION NUMBER IS 97380500. SHARE YOUR LIFE - CHOOSE ORGAN ANO TISSUE OONATION - SHARE YOUR OECISION USE THE WORK NUMBER FOR EI~FLOYI~ENT VERIFICATION: 1-800-367-2884 OR WWW.THEWORKNUMBER,COM, MINIMUM HOLOING PERIOO FOR SERIES EEII BONOS ISSUEO AS Of' FEBRUARY 2003 IS NOW 12 MONTHS, 01RECT OEPOSIT IS FASTER ANO SAFER THAN A CHECK, ANO IN COMBINATION WITH IRS E-FILE, YOU COULO GET YOUR FEDERAL INCOME TAX REFUNO IN HALF THE TIME. BASIC PAY CHANG EO, PRETAX FEHB EXCLUSION $ 45.66 FEHB OEOUCTION CHANGEO, UNION/EMPLOYEE ORGANIZATION OEDUCTION CHANGED. CFC ELECTION EFFECTIVE THIS PAY PERIOD, THIS REPORT CONTAINS INFORMA TrON SUBJECT TO THE PRIVACY ACT OF 1974 AS AMENDED https://emss.dfas.millcgi-winlwc,dll?LEDCPS-LeMain 2/4/2003 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Phone: (717) 240-6225 DOMESllC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISU:, PA. 17013 Fax: (717) 240-6248 MAY 2, 2003 Plaintiff Name: SUZANNE F. BART'H Defendant Name: JOlIN W. BARTH Docket Number: 03-227 CIVIL PACSES Case Number: 942105436 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement. ) INCOME STATEMENT OF X,HJJ Cv. 6;t/ILiff' Section I: Income and Insurance INCOME: Employer (},SII/~......PuTIV6 ~r/IC~S 'P I>P7. O~Cc. Mt'cf'foof-A)ICS~ v'La Address /11/ F'Cf-lAIJ I' c t; ~ c/'1..-C ;?A I . r S~Ec' A""'}"(1I-k:~). Type of Work Payroll No. Gross Pay per Pay Period $ rQ: 3117, tOo Pay Period (wk1hl>i-wkly., etc,) t:3/ W/::'L y. 1:>1<."..0""(3-("0....... 'Z-L. Itemized Payroll Deductions: Federal Withholdio2 $ Ql/6-fd. Social Security $ 0 Local Wage Tax $.?~.'1 State Income Tax $ 4.~...<; Retirement $h". q~~ Savioe's Bonds $ D Credit Union $ 0 Life Insurance FE'r-A.l; $ Of, 7 ( Health Insurance $ 't ,0 I!:fi> , $ ,"~ l1nt"n,......f. $ Other Deductions (specify) UM' .AI $ (!I.,dO' ('/.J.~"rY $ -2, c.... Net Pay per Pay Period $ < ~ O~ I i ~~ OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ ''1"0 $ :J"n $ 1'2, CO Dividends Pension Annuitv Social Security Rents Royalties Expense Account Gifts Unemo)ovrnent Workmen's Comnensation Other Other TOTAL $ .~O $ ;)',00 $a,1.7C> TOTAL INCOME $ 1:1., tJ 0" Service Type M PROPERTY OWNED Ownership II< DESCRIPTION VALUE H W J Credit U niaD Checking Accounts Savings Accounts Stocks/Bonds Real Estate Other * H='Hnsband; W~Wife; J=Joint Fonn IN-DOS Worker ID 21205 Income and Expense Statement PACSES Case Number 942105436 Coverage '" INSURANCE H W C COMPANY POLICY # Hosvital I?I {p 177.!f<f2 ~ ~ ~ Medical ~ It.. t72.W2.- X". ~.'h_ ther Health/Accident Disability Income Dental Other . H=Husband; W=Wife; C~Cbild .. Section II: Supplemental Income Statement a. This form is to be filled out by a person D (1) who operates a business or practices a profession, or o (2) who is a member of a partnership or joint venture, or D (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return. and (2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature of business (check one) D (1) partnership o (2) joint venture o (3) profession o (4) closed corporation D (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (l) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Service Type M Page 2 013 Form IN-OOS Worker ID 21205 Section ill: Expenses PACSES Case Number 942105436 Income and Expense Statement Instructions: Only show extraordinary expenses in this section unless you fllled out Section II on page two. The categories in BOLD FONT are especially important for calculating child support, If you are requesting Spousal SupportlAPL or if you assert your case cannot be determined according to the guideline grids or formula. this section must be fully completed. (Fill in Appropriate Column) EXPENSES ( EXPENSES WEEK MONTH YEAR (continued) WEE Home Education !?Mortgage,,-ent $ 1...0. eft $lJJ".~ $11 2/f,M Private School $ '" Mati'i'fenance i, e.... <'^.oo 6oo.tJO Parochial School " Utilities College "., Electric $ ~. , $ ':l 00.01'> $ ,llJ ...",., Religious 0 Gas ,... 0 1> Personal Oil D 6 0 Clothing $';-' Telephone 2.,. ..,"7 IJ-'S,() lJ 1.'100.00 Food 166. Water " C> 15 Barberi 3.7 Sewer f) ,\ II H*",.'~' Emnlovment Credit Payments Credit Card C^,6 Public Transport. $ 0 $ 0 $ a Charge I--~ Lunch CA ..~ ..oO..OU 'hI, " Memberships L..:" Taxes Loans v '-" Real estate $ ;?-v,,">I. $ "f'L,JL. $ t 1'0...,60 Credit Union $ " Personal Property Insurance Homeowner's $ S;U' $ .".<n $ 1'7....00 Automobile / 9.<:'{) .,(l-.M> C I", ,^ Miscellaneous Life '29.''/.... -;~~.J" ;' I:;"., ZO Household Hehp $ 0 Accident Child care () Health 21..<<~ ql,~z.. 10 r~.f~ Papers/books t1 Other Ma01l7inp... Automobile Entertainment 0 Payments $ 100 ~^ $ 'I )'1-0" $ 5:3. !r"~ Pay TV /1\0..".... ....1('0 Fuel ZGoll / DO, oJ> : ",,0. .011 Vacation <0 Repairs 1"2 :-;:'" 0,11) ';_", .dD Gifts Medical Legal fees I..iI I Doctor $/0. oj 0 $ 4/,' 0 $<-:"0,00- Charitable .,... Dentist ~her . d () Orthodontist -~ J' Alimony r Hospital . ,0 P.v~,';'. Medicine 5. C,). '2.-6'01) ?-'fo,O' ' Other H.' 0 70 -",,,,. (E~r $J~Y~ bfAr~. 41.l.7 }/,L,107' ..:J "~'." . devit'H! -, Fill in Appropriate Column) K MONTH YEAR $ $ (J lJ t:'J 0 (;) o 00' $ $ $ <r . 00 / I Total I WEEK MONTH YEAR l Expenses: $/O?'{,nJ $ '-IJ'/~.'Z." s '19 10(., '/91 I verify that the. statement,s made in th~s ~come and Expense Statement are true and correct. I understand that false state:e;;:e/:::r~SUbJect to the crnomal penalties of 18 Pa. C.S, ~ 4904, relating to ~n:a-n !alsZion to authorities. Date I I ~ Page 3 Service Type M Form IN-008 Worker ID 21205 StaDdud ,..!8-. 1leY.7111 U.s.OfIIct"'.........~ _ fl'Ms.". 81-33..... 4 NOTIFICATION OF PERSONNEL ACTION 5-A. Code 894 5-C. Code QHP 5-E. Code ZLM 5-8. NaIun at Actlon Pay Adj 5-D.~A._ Reg 530.306 (A) (1) 5-P.~AlIlIlodtJ E.O, 13282, Dated 31-DEC-2002 6-A. Code ti-B. Nldurt or AdIon 6-C. Code 6-D. LepI Authority 6-& Code 6-P. LtpI Authority 7. FROM: PaIIdoD 11IIe.... NIIIIlber IT SPECIALIST (lNFOSEC) D1274 - 65453 15. TO: PGIltIon Tide and Number IT SPECIALIST (INFOSEC) D1274 - 65453 $60,660.00 so so ZOA. a.Ic ..., S62,548.oo 2OB.LocaIIlfAdJ. SO . S6z,s48.oo SO 13. Pay'" 16...,.... .7. Occ. Code .& GrMelLeYel PA GS 1210 11 14. "'.... ~ and Locatlon or Pa.Jdon., 0rpnIutI0n DISNWMPVTING SERVICES DIRECfORATE DECC MECIIANlCSBURG SECURITY DlVISI0N INFORMATION ASSURANCE BRANCH MECHANlCSBURG, PA ORA WMB-CDM22 11. Name and LocatIon olPOIldon., Organization DISAlCOMPUTlNG SERVICES DIRECTORATE DECC MECIIANlCSBURG SECURITY DlVISlON INFORMATION ASSURANCE BRANCH MECIIANlCSBURG, PA ORA WMB-CDM22 1 l-eo.p.IIIlft'-"b J-a-,w....... J_SESc-.I .._sac.r-~ 35. PLSA Col'IO'J E .-- N-_ 36. Appropriation Code DI 37. Barplnina Unit Statui J4. Position Qeeupled 040070 31. 0.1y ....... c.... 425010041 48. Apney Data 41. CMP-:'" V :-','0 , POSN-SNVY 3 39. Duty StaUon (CIty - County - State or Oveneu Location) MECHANICSBURG I CUMBERLAND I PENNSYLVANIA 4:1. 43. PAY-TBL 999B 44- DOD PayroU Omce, Pensacola, FL(PE) PE 45. a..m.rks Spe<.:al rate under 5 V.S.C. 530S. .t6. Employlna De~rtment or Apncy Def....lal........tton SyaIems A_ (DD04) so. SlpaturelAutbentlcatJon and Title or Appronna: omdal 47. Apncy Code DD04 48. Penonnel 0fIke m 2971 49. ApprcmaI Date 01-11-2003 Joyce M, Short DlRECfOR, REGIONAL SERVICE CENTER SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVlWIA v. NO. 2003 - 0227 CIVIL TERM DEFENDANT PACSES NO. 942105436 DOMESTIC RELATIONS SECTION JOHN W. BARTH, PLAINTIFF'S EXCEPTIONS TO SUPPORT ~STER'S REPORT AND RECOMMENDATION AND NOW comes the Plaintiff, Suzanne F. Barth, by and through her attorney, Thomas D. Gould, and files these exceptions to the Support Master's Report and Recommendation.. 1. Finding of Fact #6 is not totally accurate. The husband applied to refinance the existing mortgage on the marital residence and to provide the funds to pay SOME of the marital debt, husband did not secure funds to pay the marital debt on the vehicle driven by wife. 2. Finding of Fact #10, although this finding is stated in a "Whereas" clause it is contradicted by the parties testimony, attorney Walter's testimony, Finding of Fact #9 and paragraph 6 of the Separation Agreement. The stated purpose of the agreement was to transfer wife's interest in the marital home to husband so that he could refinance the mortgage. 3. The Master erred in failing to make the following relevant Findings of Fact based on the evidence: A. Attorney Walters stated that he was not either parties' attorney. B. Husband stated that attorney Walters was his attorney. C. Husband hired attorney Walters to prepare the agreement for him. D. Attorney Walters prepared the agreement and went over each of the provisions with husband. E. Attorney Walters did not review the agreement with wife nor did he discuss any of the provisions with her. F. The agreement, page paragraph 6, states that the parties agree to equally divide the cost of preparation of the agreement. G. Wife never met attorney Walters before she went to his office to sign the agreement he prepared at the request of husband. H. Wife did not pay any portion of attorney Walters' document preparation fee. I. Husband paid attorney Walters $250.00 for preparing the agreement from his personal funds. J. Paragraph 6 of the agreement provides ~This document is prepared for the purpose of confirming the rights and obligations of both parties to the real estate situate at 2524 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania." K. The reason the agreement was not limited to its stated purpose of establishing rights to the marital home, such as pension and supportl alimony/APL, was at the suggestion of attorney Walters to husband. L. At no time was wife advised by husband or attorney Walters that the agreement's purpose was other than the transfer of ownership of the marital home for husband's refinancing. M. Husband did not make a full and complete disclosure to the wife of all assets of any nature whatsoever in which husband had an interest, of the source and amount of such interest of every type whatsoever and all other facts relating to the subject of the Agreement. N. Husband retained all the equity in the marital home, estimated to be $10,000.00 to $15,000.00. O. Wife received no consideration from husband for her relinquishing her interest in the equity in the marital home. P. The agreement does not accurately disclosure the value of the marital home or the equity that husband was to retain. Q. Paragraph 4 of the agreement is misleading it that it states the gross amount of the original mortgage and the amount of husband's intended mortgage without disclosing the amount of the current mortgage or the fair market value of the marital home. R. Husband advised wife that he had a pension and if he died she would be entitled to make a claim. s. Husband did not advise wife that she had any interest in his pension prior to his death, specifically that it was marital property subject to equitable distribution in a divorce. T. Husband knew that his pension, at the time of separation, was worth at lease $1,500.00 per month. U. Husband did not disclose his monthly pension value to wife. v. Wife had no knowledge of the value of husband's pension. W. Husband agreed to pay wife's car payments in exchange for her releasing her interest in the marital home. X. Husband told wife not to tell attorney Walters about the car payment because it would mess up his home refinancing. Y. Husband made four of wife's car payments, following the execution of the agreement. z. Husband stopped making wife's car payments when he saw wife's male friend driving her car. AA. Husband's base pay gross annual income is $62,548.00 or $5,212.33 per month. BB. Husband consistently works overtime averaging $600.00 per month. CC. Husband's gross monthly income is $5,812.33. DO. During the marriage wife had cashed in her 401(k)s from her past employers and used the funds to pay marital debt and living expenses. EE. At the time of separation wife had little or no retirement or pension funds. 4. The Support Master made an error of law when he concluded that there had been a full, fair and complete disclosure of wife's interest in and the value of husband's pension. S. The Support Master erred as a matter of law when he concluded the wife's mere knowledge that husband had a pension, even though pursuant to husband's statement~3, she believed that she had no right to the pension unless husband died and she had no knowledge of the value of the pension, is adequate disclosure of a marital asset. 6. The Support Master erred when he failed to conclude that husband and his attorney misrepresented to wife the purpose of the agreement. 7. The Support Master erred when he failed to conclude that the intention of the parties in entering into the agreement was to establish the rights and interest in the marital home, not to set forth ancillary property interests and rights. 8. The Support Master erred as a matter of law in failing to determine that the provisions regarding the purpose of the agreement were ambiguous and inconsistent and therefore the terms should have been construed against the drafter, husband. WHEREFORE Suzanne F. Barth requests this Honorable court to vacate its Interim Order of Court and award her APL pursuant to the support guidelines. Respectfully submitted, ----;k"iU O. ~ Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - 0227 CIVIL TERM DEFENDANT PACSES NO. 942105436 DOMESTIC RELATIONS SECTION JOHN W. BARTH, CERTIFICATE OF SERVICE AND NOW, this ( day of August 2003, I, Thomas D. Gould, Esquire, Attorney for Plaintiff, Suzanne F'. Barth, hereby certify that I have this day sent a copy of Plaintiff's Exceptions to Support Master's Report and Recommendation by depositing a copy of it in the United States mail, postage prepaid, addressed to: SUSAN K. CANDIELLO, ESQUIRE 5021 E. TRINDLE ROAD SUITE 100 MECHANICSBURG, PA 17050 DATED Jju,...rr 'I U1(J') -1&........ /.). ~ Thomas D. Gould, Esquire ID # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 -0 s; ~ '"Ot,,'i mrl': 2:1."1 "7~- U\"~ ~t :!.:::ZO C' )>,::: ~ n -l-~ .... ;:,,'") I n j'-) ~ '.C~ ~~j/:; dfn ... ;to' ::Q ~r\ :'t; .;::- ! I SUZANNE F. BARTH, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2003-0227 CIVIL TERM DEFENDANT : PACSES NO. 942105436 : DOMESTIC RELATIONS SECTION JOHN W. BARTH, DEFENDANT'S RESPONSE TO PLAINTIFF'S EXCEPT.ONS TO SUPPORT MASTER'S REPORT AND RECOMMEND~TION AND NOW comes the Defendant, John W, Barth, by and through his counsel, Susan Kay Candiello, Esquire, ofthe Law Firm of Susan Kay Candiello, P.C., and files this Response to the Plaintiff s Exceptions to Support Master's Report and Recommendation, 1. Admitted in part and Denied in part. Admitted: Husband did not payoff the loan on Wife's vehicle. Denied in part and by way of further explanation, at the time the parties separated, Husband and Wife did not view this as marital debt, since Wife kept possession of her vehicle, Upon Wife's request, Husband, after the signing of the Separation Agreement (hereinafter referred to as the" Agreement"), verbally agreed to continue to pay the loan and the insurance on Wife's vehicle. Upon seeing Wife's paramour driving Wife's vehicle, Husband made a request to Wife that her paramour not drive Wife's vehicle, Wife ignbred Husband's request, Husband again saw Wife's paramour driving the vehicle and stopped making the payments on the vehicle loan and the vehicle insurance. 2, Admitted in part and Denied in part, Admitted: Paragraph #6 is in the Agreement. It is denied that any contradictions exist. The Master's Fact #9 is true. The credit union did require an agreement in which Wife relinquished all her right, title and inter~st in the marital residence to Husband. Fact #10 is true, Attorney Walters did prepare a comp~ehensive I marital settlement agreement for the parties to sign. These two purposes are not exclu~ive of II each other. The language contained in the Separation Agreement is typical oflanguage contained in a separation or divorce situation, where parties desire to resolve the property issues between them. 3. Defendant responds to the Plaintiff's allegations as to the Master's individual Findings of Fact as follows: a. Denied: Attorney Walters entered this matter as a result oflnis interactions with the credit union. Attorney Walters stated he responded to both parties and attempted to address both parties' legal needs and did not view himself as either party's attorney; b. Denied: Husband did not state Attorney Walters was "his" attorney, Husband identified Attorney Walters as the attorney recommended by the credit union to assist both he and his Wife; c. Denied: Husband went to the counsel the parties' joint credit union recommended, Husband and Wife both wanted to achieve the same goal of transferring the marital residence and marital debt to Husband. Wife had a paramour and wanted to leave the marriage, This was the rationale for all actions by Husband to identify how these things could be accomplished, Husband only initiated what both Husband and Wife wanted to occur. At all times Wife knew what Husband was doing and his contact with Attorney Walters. Wife deliberately made a decision not to take any action to obtain her own counsel ~ecause she agreed with the utilization of Attorney Walters and she agref<i with Attorney Walters's actions and documents; II d. Admitted in part and Denied in part: Husband was the individual who provided information to Attorney Walters. Husband received the initial draft of the Agreement from Attorney Walters and then shared a copy of the draft of the Agreement with Wife. Attorney Walters stated when Wife came to his office to sign the Agreement it was his understanding Wife had previously received the copy of the Agreement he sent with Husband to give to Wife. Attorney Walters further stated he questioned Wife about the Agreement and she appeared very comfortable with the Agreement, Attorney Walters asked Wife if she had any questions or if she wanted the ability to take this Agreement to another attorney. Wife said no to both questions. Attorney Walters stated he did not review the Agreement by each paragraph, but did generally review the Agreement with both parties; e. Denied: Attorney Walters did testify he briefly reviewed the Agreement with the parties; f Admitted. g. Admitted. h, Admitted. i. Denied. Husband paid Attorney Walters from marital funds, J. Admitted. By way of further explanation, Paragraph 6 is ~ purpose of the Agreement, II k. Denied. Husband stated throughout his testimony he expected the Agreement to protect his source of income, since he had assumed the responsibility for all the marital debt; 1. Admitted in part and Denied in part. Neither Attorney Walters nor Husband could remember what was exactly stated. However, both Attorney Walters and Husband could remember Wife was provided with a draft of the Agreement prior to signing the Agreement. Attorney Walters stated he asked Wife if she had any questions and, further, Attorney Walters remembers he specifically asked Wife if she had read and understood the agreement and if she wanted the ability to obtain counsel to explain any questions she might have; m. Denied. Husband testified Wife handled all the financial matters in their home during their marriage, Husband further testified \Ie did not know the exact value of his retirement, but he knew and repeatedly stated to Wife she would get his retirement in the event of his demise. Husband remembered when married they periodically received a statement of his retirement, which Wife would have seen; n, Denied. Husband testified he paid for four (4) months ofwl.fe's vehicle loan and car insurance, in addition to giving several thousand dollars to Wife for her new furniture and other items for Wife's new home; ! ! o. Denied. Husband assumed full responsibility for the marital debt, one- haif(1/2) of which was Wife's responsibility, Additionally Husband paid to Wife the payments stated in Paragraph "n" above; p, Admitted. By way of further explanation, frequently in a marital settlement agreement where the parties have reached an amicable agreement as to the division of marital property, specific val~s are not identified in the Agreement; q. Denied. Paragraph 4 is not misleading. Paragraph 4 states the old mortgage and the new mortgage, clearly and correctly, Paragraph 4 was not intended to state any value of the marital residence; . r. Admitted in Part and Denied in Part. Admitted: Husband did state to Wife, at times throughout the marriage, he had a pension and upon his death she would receive some benefits, Denied: That Wife's only understanding of Husband's retirement was that she would be provided for at Husband's death, s, Denied, Wife knew it was possible to obtain a pension prior to death, Wife withdrew and spent her pension with a former employer. Further, Wife received information about Husband's retirement values during the marriage; 1. Admitted, u. Denied. Husband did not remember exactly what he stated to Wife. ! I Husband stated Wife had access to the same documents fro~ his retirement, which came to the marital residence, Husband Jd access ! II to and from which he knew the amount he would receive through his retirement; v. Denied. Wife had access to the same documents from his retirement, which came to the marital residence, Husband had access to and from which he knew the amount he would receive through his retirement. Wife did not deny this in her testimony at the hearing; w. Denied. Wife agreed to relinquish her interest in the marital home in exchange for Husband assuming the marital debt. Nothing was stated prior to or at the time of, nor was anything included in the written Agreement regarding the Wife's vehicle loan. If this was Wife's understanding, why would she sign t.he Agreement without any mention of the vehicle loan in the Agreement? By way of further explanation, both Husband and Wife knew Wife's vehicle loan was not intended to be included in the Agreement. After the p~ies signed their Agreement, Wife asked Husband if he would continue to pay her vehicle loan and insurance. Husband agreed, until he witnessed Wife's paramour driving Wife's vehicle on several occasioIlls; x. Denied. Husband did not make any such statement to Wife. y. Admitted. z. Admitted. aa. Admitted in part and Denied in part. Husband's gross pay 'fas significantly less at the time of the Agreement. Following t~e parties' separation and the execution of this Agreement, Husband h~s been the II beneficiary of some significant changes in his employment position resulting in increased income to Husband. This occurred after the parties' separation as a result of Husband's skills and ability. Wife did nothing to contribute to Husband's ability to increase his earnings post-separation; bb. Denied. Husband has frequently been away from work, as a result of his poor health and surgeries. In fact, Husband is taking an early retirement as a result of his poor health; cc. Admitted. dd. Admitted in part and Denied in part. Wife did cash in her 40lk during the marriage. What marital bills and what individual actions Wife utilized her 401k for was not offered into evidence at the hearing; ee. Husband does not have sufficient knowledge to ascertain whether this statement is true or untrue. 4. Denied. The Master did not make any errors when he determined there was a full and fair disclosure of Wife's interests in the value of husband's pension. Both Husband and Wife testified they had knowledge of Husband's retirement. Husband further testified he gl$lerally knew of the value, but not specifically. Husband also testified Wife had the same or sImilar knowledge through her actions as the financial officer of the parties' marriage. 5. Denied. The Master did not err as a matter oflaw in concluding Wife had adequate disclosure of Husband's retirement. Wife is a reasonably intelligent person. Wife liq1f1idated her , own individual retirement. Wife handled all financial documents during the marriage~ including II Husband's retirement documents. Wife knew Husband had a retirement. The very word "retirement" suggests income prior to death. 6. Denied. Husband and Attorney Walters did not misrepresent the Agreement to Wife. Wife had the time and ability to read the Agreement. Wife had sufficient time and the ability to make any inquiries about the Agreement she may have wanted to make. Certainly to s~gest Wife believed the Agreement was only for the purpose of transferring Wife's interests in the marital residence and to even scan through the Agreement suggests, if Wife's arguments and statements are true, Wife would have refused to sign the Agreement and sought additiottallegal counsel. 7. Denied. Husband repeatedly stated it was his intention to "protect his incolllle" to enable him to afford the responsibility he had assumed at the time of the Agreement given his income at that time. 8. Denied. The provisions of the Agreement are not ambiguous and inconsistent. The provisions are very clearly stated. WHEREFORE, Defendant, JOHN W. BARTH, respectfully requests this Honorable Court uphold the Interim Order of the Support Master and deny the Plaintiff, SUSAN F. BARTH, Alimony Pendente Lite. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDmLLO, P.C. Dated: August I S 2003 usan Kay Candie Counsel for Defe PA J.D. # 64998 5021 East Trindle Road, Suite 100 Mechanicsburg P A 17050 (717) 796-1930 II VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities. DATED: FYf..::;/o..3 ,/ ~rlvA~ !b.^~ ~-WILLIAM BARTH II CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I served a true and correct copy of the foregoing Defendant's Response to Plaintiff's Exceptions to Support Master's Report and Recommendation, by first-class United States mail, to the following: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown P A 17011 LAW FIRM OF SUSAN KAY CANDmLLO, P.C. Dated: August ~ 2003 Susan Kay Cand', e Counsel for De ndant PA J.D. # 6499 5021 East Trindle Suite 100 Mechanicsburg P A 17050 (717) 796-1930 0 C) C '1 :,,. C-' [ t:!) -,3 ~ > ) (,'J Gj , ,-:' i i ~:, ; :{~ ~ .. i 2.~ c) ,::;: '" , ._) rq ( " :." "..... ci] -'~ Iv -< 21. Suzanne F. Barth : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V John W. Barth : NO. 03-227 CIVIL TERM ORDER OF COURT AND NOW, September 15,2003, the case is stricken from the August 27,2003 trial term and will be assigned to a judge for disposition. By the Court, ~omas D. Gould, Esquire For the Plaintiff ~san K. Candiello, Esquire For the Defendant > Court Administrator ld \. ~" "l \ c~'l\~::\d '-\Jl.i\d I \/\'~:, ':'. ::~~:I'YN\YJ ~\_>t\~.,-) ',' .,,' ^, ' ..~ ':'1 \",', }",; ,,' J:::iJ '- , . SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - 0227 CIVIL TERM PACSES NO. 942105436 DOMESTIC RELATIONS SE<0IO~ib 0 <;;; c.' ~ :.~ ""U OS --- (Tlrn G'" ~?: 'r-,r~l PLAINTIFF'S EXCEPTIONS TO SUPPORT MASTER'S'Z);;, :ri; REPORT AND RECOMMENDATION ~;3:-~~ >{= ~ ...... "- AND NOW comes the Plaintiff, Suzanne F. Barth, by and~hnoug~ JOHN W. BARTH, DEFENDANT '-I her attorney, Thomas D. Gould, and files these exceptions to the Support Master's Report and Recommendation. 1. Finding of Fact #6 is not totally accurate. The husband applied to refinance the existing mortgage on the marital residence and to provide the funds to pay SOME of the marital debt, husband did not secure funds to pay the marital debt on the vehicle driven by wife. 2. Finding of Fact #10, although this finding is stated in a .Whereas" clause it is contradicted by the parties testimony, attorney Walter's testimony, Finding of Fact #9 and paragraph 6 of the Separation Agreement. The stated purpose of the agreement was to transfer wife's interest in the marital home to husband so that he could refinance the mortgage. 3. The Master erred in failing to make the following relevant Findings of Fact based on the evidence: A. Attorney Walters stated that he was not ei ther parties' attorney. B. Husband stated that attorney Walters was his attorney. C. Husband hired attorney Walters to prepare the agreement for him. D. Attorney Walters prepared the agreement and went over each of the provisions with husband. E. Attorney Walters did not review the agreement with wife nor did he discuss any of the provisions with her. F. The agreement, page paragraph 6, states that the parties agree to equally divide the cost of preparation of the agreement. G. Wife never met attorney Walters before she went to his office to sign the agreement he prepared at the request of husband. H. Wife did not pay any portion of attorney Walters' document preparation fee. I. Husband paid attorney Walters $250.00 for preparing the agreement from his personal funds. J. Paragraph 6 of the agreement provides "This document is prepared for the purpose of confirming the rights and obligations of both parties to the real estate situate at 2524 South Market Street, Mechanicsburg, Cumberland County, Pennsylvania." K. The reason the agreement was not limited to its stated purpose of establishing rights to the marital home, such as pension and support! alimony!APL, was at the suggestion of attorney Walters to husband. L. At no time was wife advised by husband or attorney, Walters that the agreement's purpose was other than the transfer of , ownership of the marital home for husband's refinancing. M. Husband did not make a full and complete disclosure to the wife of all assets of any nature whatsoever in which husband had an interest, of the source and amount of such interest of every type whatsoever and all other facts relating to the subject of the Agreement. N. Husband retained all the equity in the marital home, estimated to be $10,000.00 to $15,000.00. o. Wife received no consideration from husband for her relinquishing her interest in the equity in the marital home. P. The agreement does not accurately disclosure the value of the marital home or the equity that husband was to retain. Q. Paragraph 4 of the agreement is misleading it that it states the gross amount of the original mortgage and the amount of husband's intended mortgage without disclosing the amount of the current mortgage or the fair market value of the marital home. R. Husband advised wife that he had a pension and if he died she would be entitled to make a claim. S. Husband did not advise wife that she had any interest in his pension prior to his death, specifically that it was marital property subject to equitable distribution in a divorce. T. Husband knew that his pension, at the time of separation, was worth at leas1($1,500.00 per month. U. Husband did not disclose his monthly pension value to wife. V. Wife had no knowledge of the value of husband's pension. W. Husband agreed to pay wife's car payments in exchange for her releasing her interest in the marital home. X. Husband told wife not to tell attorney Walters about the car payment because it would mess up his home refinancing. Y. Husband made four of wife's car payments, following the execution of the agreement. Z. Husband stopped making wife's car payments when he saw wife's male friend driving her car. AA. Husband's base pay gross annual income is $62,548.00 or $5,212.33 per month. BB. Husband consistently works overtime averaging $600.00 per month. CC. Husband's gross monthly income is $5,812.33. DD. During the marriage wife had cashed in her 40l(k)s from her past employers and used the funds to pay marital debt and living expenses. EE. At the time of separation wife had little or no retirement or pension funds. 4. The Support Master made an error of law when he concluded that there had been a full, fair and complete disclosure of wife's interest in and the value of husband's pension. S. The Support Master erred as a matter of law when he concluded the wife's mere knowledge that husband had a pension, even though pursuant to husband's statements, she believed that she had no right to the pension unless husband died and she had no knowledge of the value of the pension, is adequate disclosure of a marital asset. 6. The Support Master erred when he failed to conclude that husband and his attorney misrepresented to wife the purpose of the agreement. 7. The Support Master erred when he failed to conclude that the intention of the parties in entering into the agreement was to establish the rights and interest in the m2rital home, not to set forth ancillary property interests and rights. 8. The Support Master erred as a matter of law in failing to determine that the provisions regarding the purpose of the agreement were ambiguous and inconsistent and therefore the terms should have been construed against the drafter, husband. WHEREFORE Suzanne F. Barth requests this Honorable court to vacate its Interim Order of Court and award her APL pursuant to the support guidelines. Respectfully submitted, ~l2<? O. ~ Thomas D. Gould Attorney for Plaintiff 1. D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - 0227 CIVIL TERM DEFENDANT PACSES NO. 942105436 DOMESTIC RELATIONS SECTION JOHN W. BARTH, CERTIFICATE OF SERVICE AND NOW, this { day of August 2003, I, Thomas D. Gould, Esquire, Attorney for Plaintiff, Suzanne F. Barth, hereby certify that I have this day sent a copy of Plaintiff's Exceptions to Support Master's Report and Recommendation by depositing a copy of it in the United States mail, postage prepaid, addressed to: SUSAN K. CANDIELLO, ESQUIRE 5021 E. TRINDLE ROAD SUITE 100 MECHANICSBURG, PA 17050 DATED {L.,...rT " 2-4(/3 ~_D.~ Thomas D. Gould, Esquire ID # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 SUZANNE F. BARTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 03-227 CIVIL PACSES NO. 942105436 JOHN W. BARTH, Defendant ORDER .ill AND NOW, this ...., day of August, 2004, the plaintiff having filed exceptions to the Support Master's Report and Recommendation, it is hereby ordered as follows, pursuant to Rule 1910.12, C.C.R.P.: 1. The stenographer for the Support Master shall transcribe and file the notes of test.imony, and the plaintiff shall bear the cost of the original transcript. 2. The plaintiff shaH file a brief, in these chambers, in support of the exceptions not later than fifteen (15) days from the date the transcript is filed. 3. The defendant shaH file a reply brief, in these chambers, not later than thirty (30) days from the date the transcript is filed. 4. The issues raised in the exceptions wiH be decided on the briefs unless either party, at the time of filing his or her brief, requests oral argument or the court directs that oral argument be held. If oral argument is held, it will be scheduled before this judge. BY THE COURT, ~ ~-o4 01:>-0 4;4 IfINV^lJSNN3d 11"1'(\'"> ~", ".,,'~,..,,'f1'" /\jJ'i ~_~},) , , '.,' '--'~~<J7'ojl h..J S I : II WV !j - ;-JnV ~03l }.. ''''i''ll ,,"H 'O~" :JUl jn b'i....\..,iv d. ....'0 ...il w.. "" ''''''.I~'''''-''''''!:I ::lvC~"",\'ru:J ,!~ SUZANNE F. BARTH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 03-227 CIVIL PACSES NO. 942105436 JOHN W. BARTH, Defendant IN RE: PLAINTIFF'S EXCEPTIONS TO THE SUPPORT MASTER'S REPORT AND RECOMMENDATION ORDER AND NOW, this ,,,. day of September, 2004, following careful review of the record and consideration of the briefs filed by the parties, the court being satisfied that the Master was correct in his conclusion that the wife has waived h(:r right to alimony pendente lite in an enforceable separation agreement, the exceptions of the plaintiff, Suzanne F. Barth, are denied and the order of July 24, 2003, is herewith made a final order of court. BY THE COURT, v1homas D. Gould, Esquire F or the Plaintiff ......crnda a. Clotfelter, Esquire For the Defendant .> kAJ DRO Support Master :rlm lJS:8 lid ~ I d3S ~OOZ AtJV10;\JOH10Jd 3Hl ::10 ;81+IO-CEll!::J SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON P CUMBERLl\.ND COUNTY, PENNSY v. NO. 2003 - 0227 JOHN W. BARTH, IN DIVORCE DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330llc) of the Divorce Code was filed on January I, 2003. 2. The marriage of Plaintiff and Defendant is irretrie ably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entr of the decree. I verify that the statements made in this Affidavit are rue and ccrrect. I understand that false 'otat,ements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to uns ,orn falsification to authorities. DATED: J/-/7-0lf .~. ",$, BARTH CT~ \.,D \.0 SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON P .AS CUMBERLAND COUNTY, PENNSY ANIA v. NO. 2003 - 0227 CIVIL TE M JOHN W. BARTH, IN DIVORCE DEFENDANT AFFIDAVIT OF CONSENT 1. A Complaint In Divoice under Section 3301 (c) of I~he Divorce Code was filed on January 1, 2003. 2. The marriage of Plaintiff and Defendant is irretrie ably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce ater service of notice of intention to request entry of the decree 1 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entr of the decree. I verify that the statements made in this Affidavit are ct and correct. I understan::i that false statements herein are to the penalties of 18 Pa. C.S. Section 4904 relating to unsw rn falsification to authorities. DATED: 1/ I ~G J~ -'1---------- I f ~. , BARTH ,..." c.? .;;:::~ ~"., " t...P - SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON P EAS CUMBERLAND COUNTY, PENNSY ~ANIA v. NO. 2003 - 0227 CIVIL TE JOHN W. BARTH, IN DIVORCE DEFENDANT WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alim ny, division of property, lawyer's fees or expenses if I do not c aim them before a divorce is granted. 3. I understand that I will not be divorced until a div rce decree is entered by the court and that a copy of the decree ill be sent to me immediately after it is filed with the prothonot-ry. I verify that the statements made in this Affidavit are rue and correct. I understand that false statements herein are subj _ct to the penalties of 18 Pa. C.S. Section 4904 relating to unsw rn falsification to authorities. DATED: It- 1'1.0'-/ '\ BARTH r'I" 'L,_' ".., \9 \",0 SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENNSYI v. NO. 2003 - 0227 JOHN W. BARTH, IN DIVORCE DEFENDANT WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DJVORCE CODE 1. I consent to the entry of a final decree without no 2. I understand that I may lose rights concerning ali ny, division of property, lawyer's fees or expenses if [ do not c aim them before a divorce is granted. 3. I understand that I will not be divorced until a div rce decree is entered by the court and that a copy of the decree ill be sent to me immediately after it is filed with the prothonot ry. I verify that the statements made in this Affidavit are rue and correct. I understand that false statements herein are sub ect to the penalties of 18 Pa. C.S. Section 4904 relating to uns orn falsification to authorities. DATED: '! /;}.b /~()T) f ~7AJ. .:fo N W. BARTH ~ CT' _.." - o,J;,i . , SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON LEAS CUMBERLAND COUNTY, PENNS LVANIA v. NO. 2003 - 0227 CIVIL RM JOHN W. BARTH, IN DIVORCE DEFENDANT ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf 0 John W. Barth and certify that I am authorized to do so. ~-U ~ 3 ;lov <. DA E I usan Kay 1. D. # ~<I< 5021 East Road Suite 100 Mechanicsburg, PA 17050 SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON P CUMBERIJi.ND COUNTY, PENNSY v. NO. 2003 - 0227 JOHN W. BARTH, IN DIVORCE PRAECIPE To the Prothonotary: Plaintiff, Suzanne F. Barth, hereby withdraws Claim # and Claim # II of her complaint and wish that a divorce be gr nted under Section 3301(c) of the Divorce Code. There ar no outstanding issues to be resolved in this divorce. t:W Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 r"~" C~:.;) C;,~.' ..t::- .~-I I C~", it ,- ",.~, cr., SUZANNE F. BARTH, PLAINTIFF IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENNSY v. NO. 2003 - 0227 JOHN W. BARTH, IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following informa ion, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Se tion 330l(c) of the Divorce Code. Date of execution of the affidavit of consent 3, 2. Date and manner of service of the complaint: On Mar 2003 by Acceptance of Service. 3. by Section 330l(c) of the Divorce Code: By Plaintiff, November 17, 2004; By Defendant, November 26, 2004. 4 . Related claims pending: N 5. Date Plaintiff's Waiver of Notice in S 330l(c) div rce was filed with the Prothonotary on December 6, 2004. Date Defendant's Waiver of Notice in s 330l(c) divo ce was filed with the Prothonotary on December 6, 2004. 440. Thomas D. Gould, Esquire Attorney For Plaintiff [::1 rri (" .J .1.1 :i"i , C-~ :T".. :Ii t,J) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :-+; :+:'t':+::+:'f:+: :+:'fi+.:f.:+: . . . . . . :+:+: :+: ~ . . :+:+:+i+.:+. :+ :+ :+::+::+:+: :+::+:+ :+:+:+:+:+ :+::+:'t':+: :+: :+:+ . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY SUZANNE F. BARTH, PEN NA. . STATE OF . . . . . . . . . . . . . . No. 2003-0227 Plaintiff VERSUS JOHN W. BARTH, . . . Defendant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DECREE IN DIVORCE AND NOW, l)P -< c...~ 5( ii{'11J:rfc.... . p'l. IT IS ORDERE AND SUZANNE F. BARTH DECREED THAT , PLAINTIFF, JOHN W. BARTH AND . DEFENDAN . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . : THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC HAVE . . BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA NOT YET BEEN ENTERED; NONE ~=----..... 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