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Home My WebLink About98-00272~~) } (~,~~~`~ ('~~ . I~,,~~ ~l'~ , IN 'rnr, c(>uu~r or a)MMON Irl,h:ns or' ~ - , ~ CUMI4I:RLAND LOUN'fY, i'I:NNtiYI,VAN.iA ~ ~~y ~,ry,~~ ; 7 C.l.V1L AC'P10N - I,AW Vs. NO.~ ~h i j ~j,'' C]'VII, 19 ~1~ ~~~~~~~~~ ~~' (,)~~~~i~~~~ ~ IN pIVORCE Y~,~~`~`~1m1I ~1 Vp, ~ STATUS SFII;ET f ~~ t ~~ /~ P TF.; % i AC1'IVI'I'ICsS; ~C ~ - ~~ ~,. I r r __ _ ~ = - -- ---, ~ ~ ~ _- ~. , , ~ ~ --- _ _ - --_ . _ --- -__A+~ wt C~.L~.l C(l.~a..! Vv-C -~~I.u c~G,_ ~ ,-~C'e u~ e1t1.~.L/r </tt~<J•+~ V~/5 /~Ll ll4! 1.~~~.,..~ ~l.yt~~t..ti>,.1~(h~v.~/µ~ [ta•N~r~~ ~4 ~~• ~A~~~~Cc~<l~<i. i > r~Yl ~,f~~~~i ~ (ilr~~ `'~~1~;~~'',y' ~~/I ~~YF) I ~j0~',~lt. ' - f/'~/~~y~,^, 1 -. • ~ ) ~_ , - ~.',a~ ~ 't / / / / ..__ _._. _ __.._ t ___ _ ~~ ~ - ,r ~,~ r -- ~~~~po ~~,h ~ ~ 2~~Od I,F~- V~W4--v - C'~iz ~a ~ !" -~-~/7--~ - ~(~ ~~~~ ----~-r try r ~'~' I il/ l_ ~- ' t -y r (' r. , ,~ r ~., / r ~. / /' / ~ /~ fl ir•~f~ d 4 ~~.~ e ~~~ ~ ' ~ i~ ?~f F. le t` (~ . ~ro-h : - ~/1"1 (I ,(~('~ 7~V ~kiRfl~r'i , f, I / ! C^ /f ('I, f r h(, i ~~ ('•.-l ~~l.l ~.,.,.~I /rf ~ft ~i f~'•, .~ L'~ '! it i~„I , 1 I" ~. r r, 1 ,',~~/~, i~., • ~~y OFFICE OF DIVORCE I~NASTER CUM6ERL.ANU COUNTY COURT Of' COMMON PLEAS 9 North Hanovor Siroot Carlisle, PA 17013 (717) 2406535 E. Robert Elickor, II Divorce Mastor Traci Jo Colyer Ollice Manager/Reportor I~~ebruary 22, 1999 Wes! Shoro 697.0371 E xl. 6535 Philip li. Sparc, Esquire Austin E. Grogan, Esquire SNEI,BAKER,I3RENNIiMAN & SPARE, I'.C. 24 North 32""~ Street 44 Wcst Main Sh~cet C'antp Hill, PA 1701 I Mechanicsburg, I'A 17055.0315 RL: Mary M. Davey vs. William W. Davey No, 98-272 Civil Action in Divorce Dear Mr. Sparc and Mr. Grogan: By Order of Court of President Judge George E. Iloffer dated hebruary 1G, 1999, the full time Master has been appointed in the ahovc referenced divorce proceeding. A divorce complaint tvas filed on January 20, 1998 raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. I am going to proceed on die assumption that grounds For divorce arc not an issue and that the parties will either sign affidavits ofconsent or have been separated for a period in excess of two years. Based on that assumption I am directing camscl to each file apre-trial statement in accordance with I'.R.C'.1' 192033(h) on or before Friday, March 19, 1999, Ltpon receipt of the pre-trial statements, I will immediately schedule apre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing, Very lady yours, E, Robert (slicker, 11 Divorce Master NOTE: Sanctions for failure to file the pratriul statements arc set forth in subdivision (c) and (d) of Rule 1920.33. '('FIE ORIGINAL PRI TRIAL STATGME•N7• SIIOUL.D Blz 1'lL,liD IN'f[IE MAS'TER'S OFFICIi AND A CUI'Y SIiN'1' D1RIC"I'LY'I'O OPPOSING COUNSEL, MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff ; CUMDERLANU COUNTY, PENNSYLVANIA ; V5. ; CIVIL ACTION - LAW N0. 98 - 2'72 Civil WILLIAM W. DAVEY, ; Defendant IN DIVORCE NOTICE OF PRE-ijF,yplglNG CONFFRENCE TO; Philip H. Spare Austin F. Grogan Counsel for Plaintiff Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 20th day of August, 1999, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date oP Notioe; 3/30/99 E. Robert Elicker, IT Divorce Master MARY M. DAVEY, Plaintiff vs. WILLIAM W. DAVEY, Defendant IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUN`T`Y, PENNSYLVANIA N0. 98 - 2.72 CIVIL IN DIVORCE RE: Pre-Hearing Conference Memorandum DP.TE: Friday, August 20, 1999 TliE MASTER: Present fo.r the Plaintiff, Mary M. Davey, is attorney Philip Tl. Spare, and for the Defendant, William W. Davey, is attorney Austin F. Grogan. A divorce complaint was filed on January 20, 1998, raising grounds for divorce of irretrievable breakdown of the marriage. Coi.msel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree. The complaint also raised the economic claim of equitable di.stribut.ion. The parties were married on June 20, 1970, and separated October 25, 1.99'1. They are the natural parents of Hillary T. Davey, born April. 6, 1983, who is in the custody of the father.. After discussion today we have determined that we are going to briny the parties in with counsel for a four-party conference. Counsel are going to place on the record what, they need to accomplish before the four-party conference. A review of. the facts that have been summarized by counsel Yor the Master, lead the Master to the conclusion that this case is likely a case where the distribution should be equal between the part~.es. In order to review the asset values, counsel need to accomplish certain valuations before our meeting and that is what they are going to address in the comments that they are going to place on the record. Counsel are also directed to provide at the conference signed affidavits of consent and waivers of notice of intention to request entry of a divorce decree so they can be filed. MR. SPARE: What I'm going to do between now and A the October 6th conference is attempt to place a value on wife's vehicle by using some values off the Internet. I'll share those With opposiny counsel prior. to the conference, and also attempt to obtain a present value on wif.e's pension and I will also f share that number with opposing counsel prior. to the conference. MR. GROGADI: I will get husband's pension appraised and have my client determine how much equity he can obtain and refinance the house to provide some type of a cash settlement, and I will share that information, if available, prior to the conference with Mr. Spare so he can have a chance t.o review it. If my client cannot get the pension appraised, then I'll tell him he'll have to accept a QDRO or a deferred payment in the pension. THE MAS'PER: The Master also advised counsel. that. a decision needs to be made at the conference as to whether or not husband is going to retain the house depending on the equity that he can derive through refinancing or if the house should be listed for sale, and husband should bri.nq along a listing agreement if lie believes, based on his evaluation of the numbers, that the house will be have. to be sold and the cash used to accomplish a distribution. The Master has advised counsel that husband should not come to a hearing and at that point make a derision about selling the house and then expect wife to share in the settlement costs. A conference with counsel and the parties is scheduled October 6, 1999, at 8:30 a.m. Notices will be sent to counsel and the parties. Wife's address is 1101 Lindham Caurt, Apartment 602, Mechanicsbury, Pennsylvania. Husband's address is 703 Charles Street, Mectranicsburg, Pennsylvania. cc: Philip H. Spare Attorney far Plaintiff Austin F. Grogan Attorney for Defendant MARY M. DAVEY, Plaintiff VS. WILLIAM W. DAVEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 98 - 272 CIVIL IN DIVORCE CONFERENCE WITF- COUNSEL AND PARTIES TOI Philip H. spare Mary M. Davey Austin F. Grogan W1111am W. Davey Counsel for Plaintiff , Plaintiff Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 6th day of October, 1999, at 8:30 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. Very truly. yours, Date of Notice: 8/23/99 1•a. Robert. Flicker, lI Divorce Master MARY M. DAVEY, Plai.ritiff t IN THE COURT OF COMMON PLEAS OF : CUMDERLANU COUNTY, PENNSYLVANIA 9 r N0, 9Ei - 272 vs. : WILLIAM W. ~AVEY, ~ CIVIL ACTION - LAW Defendant IN DIVORCE ORbER AND NOTICEIS~TTING HEARING TO; Mary M. Davey Philip hl. Spare Wiiliam W. Uavey Austin P'. Groyan Plaintif.'f Counsel for Plaintiff Defendant Counsel. for Defendant You are directed to appear fora hearing to take testimony on the outstandiny issues in the above captioned divorce proceedinys at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsy].vani.a on the .__ 12th _ day of Or:t.ober 2.000, at 9;00 -- ------ ----_--_ a. m., a t wh i c h place and time you will be given the opportunity to present witnesses and exhibits i.n support of your case. Dy tie C rt, ,~ 1 ~e rge E. Iloff,r, President Judge Date of Order and Notice: 'l.,3~:L00 gy; vorce Master II'' YOU DO NOT HAVE A LAWYER OR CANNOT AFI~'ORD ONE, GO TO 012 TEI,Ef?HONE THE OFFICE SET FORTIi DELOW TO FIND OUT WIiERE YOU CAN GET LEGAL HELP. CUMDIRLAND COUNTY C3AR ASSOCIA9'.TON 2 I~IDI~IR'CY AVL,NUE CARI~IRLI;, I'A I'J013 'I'II~I;PIiONI? ('/ l 7 j 2A9-:3166 M11RY M, UAVf,Y, IN 'CFIL""; COUR'P OED' COMMON PLEAS OC P:La:Lnt:i.ff CUMf3F;RLAND COUN'!'Y, PE;NNS]'LVANIA Vs, CIVIL AC'CION - LAW NO, 9Et - 272 C;i.vil WIL~LlAM W1, DAVEY, . Uefehdant IN DIVORCl CON I; f?RENCE; WI'PFI COUPd;iEL ANC) 'CH[; PAit'1'SES Z'Os Phi.l.ip hI. Spare , Counsel. for Plaintiff Mary M. Davey , P.l.ai.nti[f. Austin I~. G.rogan Counsel for Defendant, W.ill.iam W. Davery , Defendant A conf:er.ence has been srhedu).ed at the Office of the Divorce Master, 9 Nort h Clanover Street, Carlisle, Pennsylvania, on the 25th day of January, 2000,.. at 1;30 p,.m., with counsel and the parties to discuss the outstanding economic .issue s to determine .if there is a basis of settlement. of cl.aitns', If issues remain after the conference a hearing w:i.l],, be scheduled at another-date. Very truly yours, Unto of NoCicet F. Robert Flicker Si January q, 2000 , _ Divorce Master SnlCl.lsr\Klllt, 13RIlNNP.MAN F3 SI'Altl: ' AT"rOKNF.YS Ar Lt\W qq ~V'C1T MAIrd sIIUILI' tvlll<'f1A1`IIC`SIit1RG,~p1?f`WSYLVANIA I~0°i5 • KIcF~I~RUc:. SN f,L[I:\Klilz P: p.. noX siH KI'll}I n, RKF,nIN eMAN %V no%-R;SZH rAC:~lblll•r (%I%) trra7~%Gel I'FUlll' bl SFi\K.li ' March 19, 1999 R, Rohcrt I;lickcr, II, L'squirc Oflice ol'Divorcc N[astcr 9 North I~Ilutover 5trect Carlisle, PA 17011 }NAND Dl},IVFsR}"sl.) Re: Davey v. Davey ~• No. 98-272 Civil'I'crnt In Divoruc Ucar Mr, 131ickcr ~L~nclosed for filing is the origlital 1't•eU•ial Stateluent for I'laintil'f~MaryM, Davey. in the ahove referenced ntattcr. Vety truly yout•s, Philip 1-I, Spare NI IS/ 1~nclosures ca Mary M. Davey (\v/enclosure) Austin i~, Grogan, f~squirc (vv/enclosul•e) SNr.I.nnl~r.it, [31ieNr`Ir.NtnN ti Sl~niit: n I'k.,llti'+k,NN ,~~HP,'H-SII, RI nl"I'ORiJIIYS Al' LAW It1C.l IARI) <:: SNI'1.0AKI'R KI'I1'hl o RRIINpILHIAPI I'IiILIP II SPARE. hJ Wftil bIAIH ~11(111 rneca tnNlesistlac,, rr.r,INSti•LV~r`nn Irons; December 2K, 1999 L,. Robert Elickcr, I1, Esquire Divorce Master 9 Ninth lianuver Strccl Carlisle, I'A 17013 Rc: Mary M. Davey v. William W. Davoy No. 9R-272 Civil Action In Divorce Dear Mr. I?.lickel° p p R~)X IIlf FM31h111.1. 171p ^,,i/ /Ntl Please consider this letter my tin mal request that the conference with counsel and the parties originally scheduled for October 6, 1999 be rescheduled as soon tts possible. I believe one hour should he. sufficient time for the conference. When I originally agreed with Attorney Grogan to reschedule the October 6, 1999 conference in order to allow the parties more time to he better prepared, I did so with the proviso that the conference be rescheduled within one month. I~or whatever reason, that proviso has been ignored. I'Icasc consider This request in order to move this matter liirward. 'Thank you for your attention to this matter. "very truly yours, ( ..-~ - // ~/4~ \,(~! U ( ' Philip FI, Sparc PI-IS/sz CC: Mary M. Davey Austin F. Grogan, Esquire ~~ A't'1'ORNI:Y A'I' I,AW 24 North 32nd Su•cct Camp liill, PA 17011 'telephone (717) 737••1956 hax (717) 761-5319 January 19, 2000 E• Rohert Elickcr, 111 Divorce Master 9 North Tlanover Street Carlisle, PA 17013 Re; Davey v. Uavey dear Mr• Elickcr: Please be advised 1 represent William Davey in the above matter scheduled for a amfercncc nn January 25, 2000 at 1,30PM. due to my duties as a Public Defender in Cumberland County, I am scheduied for Criminal Trials conunencing •4tnutu•y 18 through January 28, 2000 and respectfully request that the llavey confercncc he continued, Assuming this request is acceptable, kindly notify my office of the new date. l appreciate your consideration in this matter. II' you have any questions, please contact me at your convenience. Sincerely, ;~~ ~, Austin F, Grogan, F.sq./ APG/rr Cc: William Davey Philip Spars, Esq• MARY M, DAVf;Y, ~ ~ IN TFIG COUR`!' OP' COMMON PL,E';A5 Of~' P].a:tr,L'iff ClJMf3f;E2hANl> COUN'['Y, P[i;NN9YL~VANIA VS, G7:VlL. AC'.[':lON - LAW NO. 9~? - 272 Civil WTI;L,IAM W, ll}1VL;Y, Defendant IN DTVORCL, RisSCFt[;DUL~(? D CONE~'ERL,NC[; W.T.'['N COUNSEL, AND. TFt[s PJ~R`CI'Es'S 'P0; Ph:i.aip FI, Spara `, Counsel for. Plai.nt:i.ff: .Many M, Davey , Plaint:i.ff Austh F. Grogan , Counsel. for Defendant William W, Davey ,'Defendant A cohf.erence has been scheduled at: the Office of the Divorce Mast:er., 9 Nort h F[anover Street, Car. .li.sJ.e, Pennsylvania, on the 3rd day of ['ehruary, 2600, at 1;30 p.m., with counsel and the parties to discuss the outstanding economic issue s to determine if` there is a basis of settlement of cla.i.ms, If issues remain after khe conference a hearing w.il.l he scheduled at another date, Very truly yours, Date oP Notice,; L ktobert Clicker, T1' January 20, 2000 Divorce Master MARY M, DAVEY, Plai.nClff vs. WILLIAM W. DAVCY, Defendant TN '1'FIE C'OUIt'i' OT' COMMON PLEAS OG' CUMt3P;RLAND COUNTY, I'ENN`~1'I,VAN:fA No. 9E3 - 2`I2 CIV1L ACTION ~~ LAt'! IN DIVORCIi ORDt'R AND- NO'1'IC1; SL','I'TING IIhARING q~p; Mary M. .Davey Philip II. Spare Pl.aintif£ Counsel >;or Plaintiff W].111am W. Davey Austin P, Grogan Defendant Counse]. for Defendant You are directed to appear for ra hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Oi.'fi.ce of the Divorce Master, 9 North Ilanovar St'.root, Car.i.is.Le, Pennsyavani.a on Che 22nd d<.ry of t{ugust_._ 2000, at. 9:00 a.m„ ar. wh:Ic:~h placc,,~ and time you will. be g.i.ve;fi the opporlvni.ty to presenC wi.tneases and exhibits :i.n suppari of your case, ( '~~ II -~, ~~~ u • Ge rc)~ t';, {lol I ci Pres idcnt ;ludy~~ Date of Ord c,K~ and Gi.t~orc ~ M<as t ar LI' YOU DO D1O'I' NAVIs A I,A4JYLR Cili ('ANtJO`!' Al~h'Of2D ONI:;, (10 '1'O (11: 'Plsl,l'sl'hIONE `1'hll; OFFICE SI;'l' 1~O1t'1'1{ 1SllLOW '1'O 1'IND OU`1' WIII~;RP: YOU ('AN CIE'l' LEGAL fiE;1.P, CUMRI~;ItLANI) ~''~!~Id'I'Y ISAIb A4:i(1('lA'I°I~~N ;~ Llltl~.it'PY AVI?NU~I; 'I`I~:I~,I'.I'll! ~NI'. ('/ I ~/) 2~I9- ,. I t,(. r ~r >~ . "`'~' OFFICE OF DIVORCE MASTER CIIMII( IILMIU COIIN I Y CC)lIH(C~I OOMMr~N I'I !_Ati 9 North rlanover Shoal Carhslu, f'A 1701;3 i7n1 zno ss35 E. Robert Elicker, II Divorco Maslor Tract Jo Colyer Ollice Mana~edReportnr October 13, 2000 Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 RE. Mary M, Davey vs. William W. Davey No, 96 - 272 Civil In Divorce Dear Mr, Grogan Wost Shore fi97~0371 ISzI, 6635 I am enclosing a copy of the signed agreement, which was placed on the record on Thursday, October 12, 2000, Following your departure, Mr. Spare made a few corrections, not substantive, and the copy, which I am sendiny, reflects those changes. With respect to Paragraph 9 and the TRA account number, he made a notation at the end of the agreement setting forth the current account number for that IRA, He also corrected the spelling of "Davey" in Paragraph 9. Tn Paragraph 14, he added "in the amount of" in setting forth an account balance, ~ ~GT~~~~ `~ ~'~ ~, ~n~~ fir. ~~`~ ~~ Mr, f rogan, Attorney at Law 2 October 13, 2000 Let me know when you and Mr. Spare are ready to put testimony on the rer.ord, if necessary, regarding the household tangible personal property and I will schedule an hour or two some afternoon very quickly to take that testimony. As you know, T will not vacate my appointment until T have correspondence from both counsel indicating that the real estate refinancing and transfer of deed and payment of money have occurred, Thank you for your cooperation in working toward a total settlement in this case and for your efforts to date, Very truly yours, E. Robert Elicker, TI Divorce Master cc; Philip H. Spare, Esquire copy of agreement enclosed ; ', . , MARY M, DAVIiY, Plaintll'f v, WILLIAM W. DAVGY, Dcfcndant IN THE COURT' OE COMMON PLEAS CUME3ERL,AND COUNTY, PENNSYLVANIA NO, 98-272 CIVIL'I'IiRM CIVIL, ACTION -LAW 1N DIVORCE ORDER AND NOW, this _~_ day of `/} ,~,c. / , 2001, upon consideration of the attached Petition it is herehy Ordered that a llcaring he held one `{ \~;~e_N. ~)~ 2001 at S_z~-~~ Prhf/PM in Courtroom 1l ~ of the Cutnherland County Courthouse, Carlisle, Pennsylvania. J, ~ ~ ~ ~~ ~,e` , ~'~ e-1\ /_ „ 1'i ~ I. U I F~,.;, ~ ;, I I I; a? c;u,;,~, ,, , ~., ,~-;,,,n,, . ' ~I I i r ~ ' , ,, MAKY M, DAVEY, IN THE C~~l1R'f OC~ COMMON PLEAS b Plaintiff CUMBERLAND CULINTY, PENNSYLVANIA v. NO, 98.272 CIVIL'I'ERM !. WILLIAM W, DAVEY, ;CIVIL, ACTION - Lf\W Defendant IN DIVORCI? i ,~ 'I PETPCION TO ENrORCE THE MARRIAGE SE'P'CLF,MEN"f AGREEMENT IN THE NORM Or A RULE TO SHOW CAUSF, R AND NOW, this 1?~_µ day of March 2W1, the. Defendant, William Davey, by and ~' through is Attorney, Austin h. Grogan, lisq., avers the following; ~, 1, A Master's Hearing tvas scheduled in the shove captioned case for Octoher 12, 2000; r, 2. The parties convened at the Divorce Master's office at 13 North Hanauer Street, Carlisle, Pennsylvania on October 12, 2000 and entered into a negotiated agreement (copy of agreement is incorporated by reference and attached as Exhibit A); ~~ 3. The October 1?., 2000 agreement identifies Ctxahle Oppenheimer funds account ~ ~~ nos. 3313310560450, 271271000749910, and 7017010826045 of approximatciy $20,535.1)0; I `~ 4. On or shout October 12, 2000, pursuant to the Marriage Settlement Agreement, the Plaintiff was awarded these funds; '~ S, On or shout Oclobcr 18, 2(H10 the Plaintiff, without prior coordinutian, consultation, or approval with the Defendant, unilaterally U•sutsferred and redeemed the mutual funds previously identified and placed the money into a money market accounU 6. 'I'Ite Plaindit"s conduct has created capital gains of $9,562,(H), which is currently in dispute; 7, Plaintiff"s counsel first notified the 1)efendtutt's counsel shout the eaphal gains consequences on or about October 19, 20(10 outlining the fact that the Plaintiff, Mary Davey, unilaterally liquidated these mutual funds creating a capital gains situation of approximately $9,562.00; 8. 1'laiatiff nor Plaintif'f's counsel ever dc:nicd that she unilaterally liquidated these funds and never deniccf that it was executed without the consent and approval of the llefendant; 9, On or about January 25, 2001 the undersigned counsel fbrwarc-ed a copy outlining the options to resolve the capital gains issue in which the I'IaintifF by and through her attorney refuses Io accept responsibility for the capital gains and is insisting that the capital gains he declared and paid by the Defendant; l0. The Defendant, through his tax accountant, has prepared copies of his individual 1040, the first reflecting fire capitol gains payntcnt under his name, and secondly, showing the tax payment without the capital gains (copy of tax returns atta~hcd as Iixhibit 13); 11, Due to the 1'laintit't"s unilateral conduct, the Defendant is now responsible for $2,226,00 in taxes lute to the lI2S, I~urthernxn•e, the Defendant will he responsible for state income tax of 2,8%~ to he calculated hasad on the capital gains of $9,562.00; 12, Pursuant to Ute tviarriagc Settlement Agrcement the Plaintiff' was awarded these funds and was allowed to dispose of her property; I?. 'l'he. 1'laintil'f's conduct and subsequent denial of liability is crating a financial hardship nn the Defendant in that he cannot afford to pny the capital gains for the Plaintiff's misconduct and adversely impacting on Defendant's ability to obtain financial aid for ptuties college bound daughter. WliGRF,lY)RB, the Defendant respecll'ully requests this Ilotxirahle Court to schedule a [Tearing and at the conclusion of said Ilcaring, Order the Plaintiff to accept responsibility for the capital gains and Order the Llaintiff to declcue the capital gains on her Itk10 tax return or in the alternative, award the Defendant sufficient funds to pay the federal an<l state income taxes clue to the Plaintiff"s conduct and reasonable attorney's fees. COIJN'C II PGTITION'PO F.NhORC1~;'CHI, hiARR1AGG, SFsI'TLF'sNIF,N'f AGRF,N;MEN'C AS I'f RELA'1'E5'I'O'1'FIG I,DUCA'PION FUNDS FOR HILLARY DAVEY 14. Paragraphs 1 through 13 ofthlsl'etidon arc incorporated herein by reference as though set forth in full; 15, liy agreement tl~e parties stipulated that the joint funds of approximately $7,200,00 would he in a joint account to he used for the daughter's educational needs; I(i, Council, nt a Pleating on Dccemher I2, 2000, notified I'laintift'suul her counsel, in the presence of this I{onorahle Court, that $2110.On was clue for cducdional needs in the form of applications and expenses attributable to the daughter's college search; 17, Furthermore, by letter dated Dccemher 4, 20On, the Plaintiff was put on notice regarding educational loans and provided copies ot'said hills (copy of Icucr attached as l;xhihit C); 18, Subsequently, the Defendant has incurred additiantti rducational expenses t'or the parties` daughter; 19. On or about hchruary 12, 2001 the Plaintiff by and tht•ough lter counsel indicated I that she wanted half the money to he allocated to het; 20. The 1'laintil'F has refused two prior requests to disperse the money necessary to insure that the panics' minor child is allowed to apply to colleges, I I WHERE/~'ORF„ the Defendant respectfully requests this Honorable Court to Order the I Pltdntiff ro sign over the funds to the Defendant, or in the alternative, to Order the Plaintiff to I ' sign over the expenses incurred so far and reasonable attorney's fees to enfor~:e this agreement. i Respectti.tlly submitted, Date ; • i / c t ~; _~~, ~~,lr „ ,~' ~~~ ~ R ~ t... _ Austin h. Grogan, Ed<q ire 24 North 32nd Street Camp I-Till, Pennsylvania 17011 (717)737-1956 Attorney for Defendant ID 1159020 r~ ~..._ MARY M, DAVEY, IN THE COURT' OF COMPION Ph@;A5 OF' Plaintlff CUMBERLAND COUNTY,. PENNSYLVANIA v5. N0. 98 - ?. /2 CIVIL WILLIAM W, DAVEY, ; DeEendan!~ IN DIVORCE THE MA51'[;R; 'T'oday .is Thursday, Oclobez 12, 2000', This is Che date set for a Master.'s hearing in the .above captioned divorce proceedings, Present in the h~ar..i.ng .room are the Plaintiff., Mary M, Davey, andher counsel Philip H. Spare, and the Defendant, WiJ.li.am W. Davey, grid his counsel Austin C. Grogan. .This action was commenced by the filing of a divorce complaint on January 20, 1998, The comp.l.aint raised grounds for divorr_e of irretcievab:le breakdosan~of the marriage. Counsel. have prov.icied the Piaster with signed. affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parC:ies so that the divorce can be concluded under SecCion 3307. (c) of the Domestic Relations Code. The Master wi11 f.i.le Che aff.i.davits and waivers along with an a[Ci.davit of service which was given tp the Master by Mr., Spare, These documents ~a.t.ll be Oiled with the Prothonotary, The a>mpla.i.nt also r~i.i.sed the economic r.laim o[' equitable rlstr.ibuCion. No r..laims have beers raised for al.i:mony or counsel feizs and erprmses. The parLi.es were married on June 20, 1970, and separated October 25, 1997. They are the natural parents of ono child, 11111ar.y 'P. Davey, born April 6, 19£?3, who .is i.n the custody of L'he husband, The Master has been advised that after considerabae negotiations this morni.nq the parties have reached an agreement with respect to rho equitable distribution c.l.ai.m raised in the complaint, The agreement is going to be placed on the r.eccrd .in fire presence of. the parties. The ayreen'~ent. as placed cn the record wil.1 be considered tt:e substantive agreement cf the parties not suhject to any changes cr modif.icat.i.ons er.cE>pt for correction of typographical errors whicf~ ir,a;• be n',aae during the trahscripLiun. The agz~~ement ~di.'. be t.ransr:Yibed and given to counsel to review f.or typogr apl~,i. ;:,,t ert:ors. After any corrections of. typoyranhical error.: have Leon made, the part.j.es and counsel will he asked to si.yn the agreement a:Efirming the tez'ms of settlement- as placed on the record. It is noted, however, that even thouch more is 'no signature by the parties and counsel, the ayreemE:nt as stated on the record will be considered binding on khe par.ti.es when i:htey leavca the hearing ,room today. After. the agreemenC has been re Curned to the Master, the Master will. file an order wil:h Lhe Court rerltaest:ing the Court to vacato iilr; gr:p;~,f~ntmenC, ;;ounsel will Z i then be able to file a pr.aecipe transmitting the record to the Court requesting a final decree In divorce, Mr, Spare, MR. SPARE; The pa r. ties have agreed as fOl1.OW5; 1, The marital home with an address of "103 Charles Street, Mechanicsburg, Pennsylvania, has a value of $1.x11,000.00, 'f here is a remaining balance on the mortgage as a .lien against the marital home in Che :amount o[ ,x1,940,00 as of October. l.l, 2000, 2, Mary Davey's r.c:Ci.rement benefit from her former employer, Pennsylvania Btuc Shield has a present value of 58,971,07, 3. Wi111arn Davey's retirement benefit from the federal government as his employer has a present va.tue of $31,159,00. 9. There are Cwo automobiles Chat were marital property, a 1990 Oldsmobile Cutlass with an agreed to val.uc~ of $].,000,00, that would be in the custody of:' Mary Davey, and a 1980 Audi 5000 with a value of: $l,ir~,1~?,00 Chat is in Wi.l.l.i.am Davey's custody. 5, The parL'ies had several Harris Savings account at the time of separation, one checking account, No, 1800008179 with value of $4,862.09, Mary Davey kept custody of that account. 6. There was a Saver's Advantage ar_counC, No, 1860000991 which was spl.i,t equally at the time 'of separation, Both parties received $15,483.00, 7. There was a checking account at Flarri.s tf'rat William kept custody of, account No. 11900019838 wi.t.h a balance of $970,00 at the time of separation, 8, William also kept a t;arris Savings account, No, 11860006303 with a balance of $2,880.51 at the time of separation. 9, The parties have nr.unerous accounts held w.iCh the investment firm of Oppenheimer as follows: There is an IRA held i.n Mary's name only, accounC No, 70070359762.7, * 'fhe a~-count vulr.re a:.> of Oc:Cober ] 1, 2000, in Chaf. accor.uiC was ;+1 .;,:'19,95 . Phe parties have st:.i.pu].aCed that 3 ;~',.a l'f glad@' C. tl r'4'e u^pdrzlt5 (.~.i~S~°5epa rcl t.i.On':C~IltribUtiOn5 t0 heY- 31~U; n the amounC of $2,p00,OC e,1ch f:or a tol:al of j.;(s!:-separation ralltr.bl_Ition of S6,OOO.p0 resulting in the net marital. value of the previously stated IRA account at 57,219,45,. `There is an Onpentu.`i.mer account, Mo, 700?003423409 which is ein IFC71 he:'~d in the nanl(: of William Davey wittl a value -o[ S"1,132,51 asnL' Or..tobr:r. 1?, 200. 'I'he.'r:e is ar~ot:hfr !%pnenheimF~r acccnnC held as an If<~ in t"r r.t.ple of William Dav,~y, accal.ult iJo. 7UL'10;.077.8799 tdit:h a Vi'IILiC`i U'i ; 3f3, 958, 63. 39 '~f Oct:ober i i, 2000, There an IRR held .i.n t!1~: nar16 of. !r;i.lliram. Davey, i1C::Ollnt 1`I(1~ rt ~J142iC1L(1:9bti t-~1t:~1 ?1 `I :1.'l(' 7; ~' .r41, [t !_- L i:15 ~')I: `Pilr,re ig ~ j~?~;il:l .;' tiWCI F[C~ IGIi"~'rti I:llCl(1 d(7COUf:t, PlC. 3 ;.1 ;j _i1:):)OCi~i~ 1L ttl('. Pklii?Fl i?i W1.)i1111i [; r~ti@y ACId Mary I)8VE"('r ~p'111Y t,?ne. Cl t:i WLCt1 r,.'.7h t. ~.;i -~,''-irVl ~C";•~:I~' 1^~ L".hP $(!1CtUnt: 6`.` S7, i~t (1.21. d5 OL O::tObr:'(' 'LL, .'. l'`'i 1, IIIF'.re J.~ -1 r1 ..N't it "; FI' ~ 1 _, :1 it .. (I ,~ i1. lcli !'d V+'y. aCld i'Itfv t'u'-~I l :.~ '_C if''3 W1'tl, Y. ':^1C._'~5C ,, .1. J1V:;r~r;1C`, aCCUUrIt (`I r, ' ~. i `!`t_t@.C"r ~. it /;a ~ JLlj t:'l .. .' 1. ii ..,i 1Bt. v'rl la J(a ! ~",~ .: r.i v r-'~' [Yd V(?y d:i J ...1ilt tUitanC /11. t'. f l .. ^l in"~.'i- ~~L,al1p _A ~., c. t ...: :iil C: No. ~l!.1 71.1:(i H'i c. ~)^"~ t- ;r. :ar .::'ll L i il.l ctrl :L `~(, ...- ~. t ` f Uctobr r 11, 2006. I ). tt.e E,a tl.l? )E( x~nl f> l:t:at 1 cl.l ~t ~ n',a1 1~~(e tll~'',` ar.':. 1.'~ItlCl dt: C?Iti {aptly Wtl l.`.tl t:lE-J 1ntP11I 1 T.~ AE`I' ~3~J r~F ('Or I11<: '^1, CJ'.. (.'I~.UCai:LOn OL r:hl?l.r t.(P, ~1CJilt'7 ,..~~'I~~ `.1 t10. E> CU'161. t)3':''.- t Fen !~f acid in Opp- ~ ''.rimer F.tr ri ~ I,.r, ~. ~ th`~ nnre of. V~1 It d11 ~~:Vey ]y tal, _~d l.arl ~. ~ ~~lli ~. ~/ 't11G- :1'lP l'll a.t `_T4C'C 1Laliel('d'I i CO !il.Ca?-:3 AC{.:, riCCOl1nC I `.iit",r~(113iG.^.~( }'J:.ttl R v~luc; E ,<7, 61~ .H3 as of ~;( t~,'oc~~l: ?0 J Tee sr:;r,nd t1~ti~F:(l' _ %:Si? ~n F!lCi lnC~F'.C CnE' ih:.il l~C: i.~ I ~C: API"`" t.U TLLr ::1i Y~Ci'. lV f.th U71 i. 7.1 AfT, iLlaey a5 i:UUtOI'llan ISO C. {'(i. :~ lary, %iCC.C llnt tV%:~ "'C17(;;~~I;;r',(~'i h~.s a value: or 58,9:'?.. 14, t.' ~ 4 J rt Ltrt.l^5 i. ;. pl!,!,i t.G ialat ('!:~t'1' Cd ligV '[!'Ci !. ',. Gf ,i..hfl rc?.'i I: ?. 1. Vat'+iU is l: thr' [(c.:.l.t9 ~. h 1 !' ,r~, t'f~l l'' '.) tuber. ,li in r.i..:, ?i(ir ~: UT t:he is LIL(? nc:r. amount. of accumulated funds in a ::ertificate of deposit held with Fulton Bank with a face amount value of $9,300.00 that accumulated $9,386,00 worth of interest up until the time it was cashed by Hillary in early 2000. Those funds have been spent in part by Hillary in the amounC. of approximately $1,900,00 which results in an account balance of approximately $7,200,00 pJ.t.rs any interest accrued since Che tine of. deposiC into an account in the name of SVil:Liam Davey. The parties agree that that account wJ.1.1 be transferred from W.il.Liam Davey's name only to an account t.i.tled as William Davey and Mary Davey and Chose funds will be used upon agreement of the parC:ies f.or the benefit of F(i.llary. 13. 'T'his agreement does not Cake 'LnCo account the value of personal property whir.h ~•ai1.1 be the subject: of further negotiations inter today, 19. Based upon the foregoing marital assets that have been described, the parties have agreed as follows; Mary Davey has received the Harris Savings account in the amount of $4,867..09; William Davey has received Che tiar.ris Savings account in the amount of $97~~,00; William Davey has received the Harris Savings account in the amount of $2,680,00; ' William Davey will reCain his pension with a present value of $31,159,00; Will.i.am Davey ~.aill be awarded the marital home subject to the lien of. mortgage that was described previously; Mary Davey will rec:e.ive the present value of her pension benef.iCs from her. former employment, Pennsylvania Blue Shield; Mary Davey will receive all of the IRRs in the Oppenheimer accounts Chat were described previously; Mary Davey will receive al.l of: the accounts held .in Oppenheimer funds thaC were descr.i.bed as nuttua.i funds owned as joint tenants with right of: surv.i.vorship, 15, 'T'here will. be a 525,000,00 cash payment made from William Davey to Mary Davey, as part of this agreement. 'Chat payment shall be made neon Wi.l.li.am Davey ot;Ca.Lning the cash, most' probably through refinancing of r.hc marital home, The S deed to the marital home will pass to William from Mary at the time of the ref:lnancing or. payment: of Lhe $25,000.00 cash payment. We sti.pulaLe that W.il.liam Uavey will, havo sixty (60) days from today's dale Co accomplish the refinanclhy,necessar.y to make L-he $25,000.00 payment to Mary Uavey. If the r.eEinancing or the payment: cioes~ not oc.•cur Within sixty (60) days front today's dace, we wial al.l agree Lo come back before the N(aster. as soon as possible Co iron out any details that might need to be addressed at that time, THG MAS'CERt The hfaster.will not vacate h1s appo.int:nehC until he has beer; noC:i.[.ied by counsel that the financing has been accompl..ished, the deed delivered, and the payment of money mad e. to wife. hIR. GROGAN; 16, Mary Uavey is aware of the fact that she is wa]:ving h'er interest i.n W].lli.am Davey's military pension and will sign the necessary paperwor}; to waive her interest in the m.i:li.tary pension benefits. 17, Except as herein oL'herwise provided, each party may dispose of his or her properly in any way and each party hereby waives and relinquishes any and al.l rights he or she may now have or. hereafter acquire under Lhe present or future laws of any jurisdiction to share in Lhe property or the estate of the other gas a result o[ t'he marital. relationship including without lirn.itaL'ion, statutory allowance, widow's allowance, right of .i.ntestacy, right to take against the will of the other, and right to art as administrator or. executor. in the other's estate, F;ach will. at the request of the other. execute, acknowledge, and deliver ariy and al.l instruments which pray be necessary or, advisarble to carry into effect Phis mutual Waiver and relinquishment of a.l.l such interest, rights, and claims. MR. SPnRE; Mary,'wer.e you present as we spoke here today on the record. r.egarr.d.i.ng the existence and disl'.r.ibuCi.on of m,ariCat property' Ms, DAVEY: Yes. MR. SPARE: Do you have any objecti.ans to either the descrlpllons of the marital property nr th.e distribution ChercoE as descr.i,bed today on the record? MS. DAVEY: No, MR, SPAE?f•:; Is there am/Chzng that you would like to add to Che record at: this time? hIS, UAVEY; No. MR. GROGADI; F3i.11, wcr.e ycu present ciur.ing the making of this stipulation on the rec:orJ? MR. DAVEY: Yes, sir, MR. GROGA.N; Uirl you listen to everything? hIR...DAVEY; Yes, sir, MR. GROGAN; Do you.under:;!:arid what you are agreeing Lo do by Chis arlreemenL'? MR. DAVEY; Yes, sir. MR, GROGF~N; Do you have any questions about tt~ MR, DAVE`f; No, sir, i MR. GROUAN; Do you have any quesLi.ons abouC the retirement benefits that you want. to raise regarding your military retirement? MR, DAVEY: T think we covered those, I acknowi.eclge that: T have r~url the above stipulation r.uui agreemenC, that [ uncfar:;! ~r.ri I,he terms of ~~ i i 1 ~ settlement as set forth herein,-and that by signing below I raCify and of"firm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself' to tho terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of. thr Domestic Relations Code, WITNESS; DATE; ~/ , i i l FI : r. e~ ~~ Mar. M U Y ~ avcy Attorney for Plaintiff /^ ~~, ~~~~~~ ( ~ Austin E'', Grogan" 4V.111)~am W, Davey Attorney for Gefc~ndant ~.,_ * AT TIME OP' SEPARATION, THG I(2A FIELD IN MARY'S NAM[; Nl;CTFI OPPENFIEIMER WAS 700703597fi27. SINCE SEPARATION, 'I'FIE ACCOUNT' NUMBER FIAS BEEN CFIANGED TO 700700'8D67928, U DOparbnont ul Ibn T: unaury-~ Inrunvtl Rnvnmu* _",crNCr Label (sae L instruction; A on pago 19.1 ¢ Use the IRS L label. ss Otherwise, r ploaso print R or typo. Presidential Election Campalg (See ba(IC 19.1 V.o. 111u1Y luvill IIIIiUIOtl 1if 71 1{tlLUrD CS I~JVV 110e1 IRti us«nnly-uo inn wnU, o, For Iha year Jun 1 Unr.. 31, 2000, rx ether lax yoar beginning , 2000, ondugl 20 your first namo and Initial Last mm~e vuur r IILLIAM W. _ _ D VEY ,_~__ 175! 40 .5695 II a pint arturn, spouse's First name and innnl Last name ~ Spauso s soclal socuray number _ ~ 36 !7287 Home adtlress prmntar and street) II you hove a P 0 box, sou page 19 Apt "°. A ImpGrtantl 03 CHARLES S1' _ City. lawn or post oflirr.. stale, and ZIP coda II you have a loraign address, sno page 19 Vnu must Doter IF.CHANICSOURG, PA 17055.6633 your SSN(s) abovo_' Note. (:hocking "Yes" will not change your tax or reduce your refund. Yau Spauso Do ou, o. r your s{ oust. II Filing a joint return, want E3 m go to this land? „ - ^Vos ~No ^Ves ~]No 1 Single Filing Status 2 Married filing joint return (even if only ono had income) 3 Married fling separalo return. Enter spouse's soclal security no. above and full namo here. - MARY DAVEV .__ Check only 4 Heatl of household (with qualilyiny parson). (See page 19.) If the qualilying person is a child but not your depondent, ono box, color ibis child's name here. - 5 Qualil in wlrfow(Cr) with dependmll child (year spouse dial - ). (Sae page 12) ea [~ Voursoll, I! your paront (or somoone else) can claim you as a dependant on his or hot tax ~ No. of boxes Exemptions return, do not check box 6a checked on 6a and 6b _~ b Souse , c IF mere than six dependents, soa pago 20, Dependents: IA First name Last namo (21 Dependent's social saurit number y (3) Dependants rrlationship to ou pl it quaurymg d~.dd lur mild tar eredA see a t0 HILLAR DAVEV 184 84 i 2632 Daft her ^ -- Nc. of your children on & wlw: • Ilved wlih you __~, • dltl not Ilvo with you dU0 10 dlYdte a sepmallon 0 (sea pago 2W Dependents on & not entered above ._Q_ Add numbors emend a~ 2 d Total number or exemptions claimed .ones above - 7 Wages, salarios, tips, etc. Attach Form(s) W~2 7 ~ 40.461 Income Ba Taxable interest. Attach Schetlule B it required _ 8a 575 _ ~ Attach b Tax-exempt Interest. Do not Inclurlo on lino Oa Ob .__~ _ Forms W2 and g Ordinary dividends. Attach Schodule t3 if required 9 225 W2G here, Also attach 10 Taxable rolunds, crodits, or ollsets of stela and local incomo tazos (soa page 22) 10 Form(s) 1099•R 11 Alimony recolved _ 11 _ If lax WaS 12 Business incomm or (loss). Attach Schodulo C or C•EZ 12 withheld. 13 Capital gain or Qossl. Attarh Schodtdo D it roquired. IF not required, check here - ^ 13 10 164 14 Other gains or (losses). Aaach Form 4197 1J II you dirt not 15e Total IRA distributions . 15a b Taxable amount (see page 231 15b get a W~2, 21 16a iota) pennons and annuities t6a ~ b Taxable amount Isen pagr. 23) 19h - son pago . Enclose, but rlo 17 18 Rontal real estate, roynllies, pnrinershlps. S corporations Faun income or (loss). Attach Schedule F , Inssts, olc. Allach Srhahde E 11 18 ,___ - __ not attach, any 19 Llnomploymont compcosation 18 _ payment. Also. please use 20a Social security benehts 20a I I b Taxable amount Isee page 251 20b Form 1040•V. 21 Other income. List type and amount (soa page 75) ..... ................................ 21 22 Add Ulo amounts in the tar right column for lino, 7 Ihrou h 21. This Is our total incomo - 2p 1446 23 IRA doruclion (see page 27) 23 Adjusted 2q Studont loan Interest detluclion (sec pago 271 , 24 (IFD55 25 Medical savings account deduction Attach Form fl853 25 _ Income 26 Movlny expanses, ADnch Form 3903 20 27 Ona~halF of sMf~amploymont tax. Attach Schedtde SE 27 28 Soll•employorl hoalth insurance dorlurtion (son pago z9) 2B 28 SCILmnployed SEf ,SIMPLE, and qualihrd phns 28 -_ 30 penalty art early wlthtlmwal of savings 30 _ 31a Alimony paid b Recipient's SSN - 31a 32 Add hods 23 Ihrnugh 31a 32 _ 33 Subtract Ilea J2 Irorn lino 22, This Is your ed ustod roes In come - 33 446 II ~I tar ursmosure, rnvacy qcl, antl Paporwork RoducNon Act Nohco, sea page 58. VYWDAVEY;at No I LROU kxm 1040 (20001 Fonn 1040 Tax and 34 Amount Iron line 33 (adjustod gross Incomm) -~-- --W Credlis 35a Chock IP ^ Vou wore 65 or olrlor, ^ [lGnd, ^ 5 use w is 8` I 1 ~ [] Standard Uoductlon for Mosl People 5ingglo: f4,400 Head of housohold: fG,A50 Married 81iny Jolnlly or Quallfyln widow(er~ f7,350 MarrioU hliny soparatoly: f3,675 Other Taxes 36 37 38 39 q0 41 42 43 49 45 46 17 48 48 ao 62 53 54 55 56 57 po ., or o r cr, Upnd Add the number of bows cYtecknd ahovo and onlrr the total bare , - 35a 0 b If you arc rnarriod filing suparHaly and yore spouso Ilontlzas doductions, or you wero a duabstalus alien, sae page 31 and shack here , Erdor your Iternlxad deductions born Schodulo A, Zino 28, or standard doduct on shown on the felt. fiat sac page 31 to find your standard rlyducllon it you chocked any box on lino 35a nr 35b or it somoond can clnlm you as a dnpendont Subtract line 36 Irom lino 3A ~ ~ ~ ~ ' If lino 34 Is f96,700 or lass. multiply (2,800 by rho total number of dxemptlons clahnod on lino 6d. I( lion 34 Is ovor 596,700, soe rho workshoot on pago 32 for rho antounl to onmr . Taxable Tacoma. Sublracl Ilse 38 from lino 37. II lino 38 Is more Ihan line 37, Dolor •0~ Tax (see papa 321. Check it any tax is Irom a ^ Form(s) 881A b ^ F'orm 4972 Alternallve minimum tax, Attach Forrn 0251 Add linos 40 and Al . Foreign lax credit. Attach Form 1118 Ir rnquirud ~ ~ ~ ~ /7 ~ ~ ~ ~ ~ - Crfldit for child and dopandmtt care oxpdnsas. Attach Form 2441 44 Credit for the elderly or the disablecL Attach Srhalula R . 45 _ __ F.ducalion crcrlits. Attach Form 0863 4B -' Child taz credit (seo page. 36) ~ ~ ~ ~ 47 - Adoption credo. Attach Form 8039. ~ ~ 98 Y Olhm. Check it born a ^ Form 3000 b ^ Farm D396 c^ Form 8801 d ^ Form (spscity) ___,_,_~ qy Ackl lines 43 Through 49 Those arc your total credits Subuacl Ilno 50 Irom lino 42. If lino 50 is morn than lino 42, Dolor ~0• . Selbnmploymonl laz. Attach SGtedule SE - Social security and Medicare tax on tip Incomn not roporled to employer. Attach Form A137 Tax on IRAs, odror retirement plans, and MSAs. Attach Form 5329 IP roquirod _ Advance Darned Income aerlit paymonts Irom Form(s) W~2 , Flousohold omploymont lazes. Attach Schedulo FI AUd linos 51 throe by 58. This i~our total lax ~ ~ ~ ~ ' Payments se ~'-~~ 59 Ir you have a BOa qualilying rhilU, attach b Schedule ETC, 81 fit 63 8q Refund Have it directly dflpO5llBdl Soo page and 1111 In 6 Ffldoral income tax withhold Irom Forms W~2 and 1099 _ 58 __ - 4 794 __ 2000 eslinWled tax payments and amount appliod rrom 1999 rnturn 59 _ Earned income credit (ETC) 80a Nonlazahle earned income. amount „ - l.-__.-~--~ and type, - ........... Excoss social socurity and RRTA tax withhold (see pago 50) 81 Additional child tax crodit. Attach Form 8812 82 Amount paid widt request for extension to file (seo pago 50) 83 Other payments. Chock it from a ^ Form 2479 b ^ Form 4136 84 Add lions 5n so an, ....., ~..,.._ _. _. __ __- ,. _ .. ........ ....~ yew coral paYmenls - 66 ll line 65 h morn than line 57, subtract line 57 from Ilno 65. This Is the amount you overpaid 87a Amount of lino 66 you want relundod to you . . - - b Routing nurnbar - d Account number -c Amount BB I! lino 57 is morn Ihan line 65, subtract lino 65 Irom lira S7rThls IOSathu amount you owe YOU UWQ For details on how to pay, soe page 51 / 70 Estimated tax penalty. Also Include on lino fa ~ ~ ~ - 89 2 773 Sign Under ponallies of pequry. I declare Urat I have examined This mlwn and accompany nod~ schetlulos and slntamonls and to Iho host of my NnnWICd9e and Here hehor Ihoy are Imo, nenecr, and complolo Paclarahon nl praparm (olner Ikon Iaxpayarl is basetl on all utlormneon of winch prnparer has any knowletlge- Inint ffllel07 Your tiiJndlurn Dnu' Your wmgtaUnn Uayllnm phone nwman Soo page 19. 1000 oflrcopy spouse's siynalnrn IIn a- rcunn bboth must sir n Pain ~'- 1 mCOrdS, I Slrou4o'S offulJallon May Iho IRS rhs[usS Ir115 rnturn wah IIIC pfapolor shown hnlow (soe pago 5217 ~ Yes ^ No Paid I'reparw 5, - ualn r slgnaluro ~ r r - OIwcA IP Preparor's SSN or PIIN Preparers ---,~-~~ ~ ~ -L~-~ _ __________ o2(21y29o~ sou wn to nd Frtm's name for p Y ~~ 199321Y99 Use Only Yowl a tiolhomplnyodl, ~ Paul p, Lar°h• Notary & Tax 9er ----- eddrnss and /_IP coda ~ FIN 19907.0117• Phnmr nn _ 1 7171933.8912 Form 1040 Izoeol 2 ram ~~'' o Underpayment Of °"^° "°-'S'S~°'°°- Estimated Tax by Individuals, Estates, and Trusts ~ QO~~ oapenmam °r im vuasuy - See separato Inslruntlons' nuarhmom nrrarnel uovunuo servke - Allaoh t° Form 1040, 1040A, 1040NR, 1040NR•F.L, or 1041. s° uar!c° N°. O6 Nam°p;) shown on tae mlurn le°nlllying number WILLIAM W. DAVEY 1rs.en.sas5 Note: Irr most cases, you do not need to lil° Fonr 2210. The IRS will /figure nny penalty you owe and send you a bill. File Form 2210 only i/one or more boxes in Part I apply to yorr. ll you de not need to ~/e Forrn 2210, you still may use it to Iigure your penalty Enter the amount Irom Part ill, line 21, or Part IV, line 35, nrr the penally line o/ your reHyrn, but do nor atmch Form 2210. Reasons /or FiBng-If 1a, 1b, or 1c below applies to you, you may be able to lowor or eliminate your penalty. But you must check the boxes that apply and Pilo Form 2210 with your tax return. If 1d below applies to you, chock that box and (file Form 2210 with your tax mtum. 1 Check whichever boxes apply (if none apply, soO the Nole above): a ^ You requost a walvOr, In certain circumslarlces, the IRS will waive all or part of tho ponalty. Sre Waiver of Penalty on page 1 of die instructions. b ^ YOU use lho annualizod Incomo installment method. If your income varied during the yeas this method may reduco lho amount of one or more required installments See page 5 of lho instructions. c ^ You hart Podoral income tax withheld from wages and, for estimated tax purposes, you Croat the withheld tax as paid on Cho dates it was actually withheld, instead of in equal amounts on the payment duo dates. See the instructions for line 23 on page 3. d ^ Your required annual payment Qine 14 below) is based On your 1999 tax and you filed or arc filing a Joint return for either 1999 or 2000 but not for both years. Required Annual Payment 2 Enter your 2000 tax after credits (see page 2 of th0 Instructions) ^ ~ 7 587 3 Other taxes (see page 2 of the Instructions) , 3 4 Add lines 2 and 3 4 7.567 5 Earned income credit 5 6 Additional child tax credit 8 7 Credit for Fedora) tax paid on fuels 7 ; - 0 Add linos 5, 6, and 7 8 9 Curren[ year tax. Subtract line 6 from line 4 , 9 7.587 10 Multiply line 9 by 90% (.90) 110 I 6 810 11 Withholding taxes. Do not include any ostimated tax payments on this line (see page 3 of the Instructions) 11 4 94 12 Subtract line 11 from line 9. If less than $1,000, stop hare; do not complete or file this form. You do not owe the penalty 12 2 773 13 Enter the tax shown on your 1999 tax return (108.6% of that amount if the adjusted gross Income shown on that return is more than $150,000, or, if married filing separately for 2000, more than $15,000). Caution: Sre page 3 0/ thO insUuctions 13 4 24, 14 Requirod annual payment. Enter the smallor of line 10 or lino 13 14 4.124 Noto: I/ line 11 is equal to or more than line 14, stop here; you do not owe the penalty. Da not file Form 2210 unless you checked box 7d above Short Method (Caution, See page 3 oI the instructions to find out ll you can use the short method. I( you checked box fib or fc in Part G skip this hart and oo to Part IV1 15 Enter the arnounL if any, from line 11 above 15 4 794 ," 18 Enter die total arnnunt, if any, of estimatod tax payments you madO 16 17 Acfd lines 1 S and 16 . X17 4.794 18 Total underpaymont for year. Subtract line 17 ham line 14. If zero or ICSS, stop here; you do not owe. the prnally. Do not hie Forrn 2210 unless you checked box 1d above , 18 _ 19 Multiply line 18 by .05976. 19 20 • If the amount nn line 18 was paid on or alter 4/15/01, onlor ~0~. • If UlO amount on line 18 was paid bolore 4/15/01, makr, the following cornputalion to find Oul arllOllnl l0 Onter Orl II°° 20. Anrounl nn Numner of days paid u loin la X h°I°rn 4/15/01 k eW25 , 20 21 penalty, Subtract lino 20 from line 19. Enter the insult hum and on Fbrm 104Q lino 70; Form 1040A, ling 45; Form 1040NR, linc_69; Form 1040NR-P:7., lino 27; or Forrn 1041, lino 2G , . - 21 Far Pap°rwork Reduction Act Nollc°, sae papo 1 of soparet° InsVUCtlnns. r:m No 117nn1' r..nn 2210 (20001 ,, Fam 22ro 12000) WILLIAM W. DAVEY 175.40.5695 rmgu 2 j~ Regular Method (See page 3 of the Instructions if you are filing Form 1040NR or 1000NR-EZ.) Pa ment Due Dates Section A-Figure Your Underpayment tai rot ~°t (al </15/00 6/15/00 9/15/00 1/15/01 22 Required Installments. If box tb applies, enter thr. ~ amounts from Schedule AI, line 26. Otherwise, outer 25% (.25) of lino 14, Form 2210, in each colurnn 22 - 23 Estimated lax paid and lax withhold (see pays 3 of the Instructions). For column (a) only, also enter the amount Irom line 23 on line 21. If lino 23 is equal to or mare Than line 22 for all payrnont periods, stop here; you do not owe the penalty Do oat tits Fbrm 2210 unless you checkeU a box in Part I 23 Complete lines 24 through 30 0l one column before going to the next column. 24 Enter amount, If any, from line 30 of previous column 24 25 Add lines 23 and 2A 26 - _ 26 Add amounts on lines 20 and 29 of the previous j column 26 27 Subtract line 26 from line 25. If zero or less, enter •0-. For column (a) only, enter Ute amount from line 23 27 28 If the amount on line 27 Is zero, subtract line 25 from Ilne ?.6. Otherwise, enter •0• 2a _ 29 Underpayment. If line 22 is equal to or more than line 27, subtract Ilne 27 born line 22. Then yo [o line 24 of next column. Otherwise, yo to lino 30 - 29 _ 30 Uvorpaymont. If line 27 is morn than line 22, subtract lino 22 from line 27. Then go to line 24 of next column 30 / Section B-Figure the Penalty (Complete linty 31 through 34 of one column before going to the next column.) ' April 16, 2000-Daaember 31, 2000 4/15/00 6/15/00 9/15/00 / r 31 Number of days Irom the date shown above Oayr Daya~ Days line 31 to the dote the amount on line 29 was / a paid or 12/31/00, whichever is earlier , 31 « ~ 32 Underpayment nn line 29 Number of 4 l d l 7 / (see page 0 ays on ino 1 Uie InsUUrlionsl x ]66 x '09 - 32 January 1 2001-April 15 2001 12/31100 12/31/00 12/3'1/00 1/15/01 ^' p Y , , 33 Number of clays (ram the date shown above nays nays nays. oay~ a lino 33 to the date the amowri on line 29 was paid ar 4/15/01, whichever is earlier 33 _._ __ ~ 34 Underpayment nn line 29 Number or p( keo pogo S or }, days on Ime ]J tun inseugions) 765 x .09 ~ 34 $ $ $ $ _ __ 35 Penalty. Add all amounts on linos 32. and 34 in all columns. Enter the total hors and on Form 1040, Ilno 70; Form 1040A, lino 45; Form 1040NR, line 69; Form 1040NR-EZ, Ilne 27; or Form 1041, lino 26 ~ ~ 35 $ Form 221U (20001 SCHEDULES A8r8 (form 1040) °r IINI rI0r5UY Schedule A- Itemized Deductions (Schodulo B Is on back) - Allach to Form 1040. - br Schedules A and a ~O~O Narna(s) shown en form 1040 - ~ your social security mrmbor WILLIAM W. DAVEY I ~~~i ~~ i eao~ Medical Caution. Do not Include expenses roimbursed or paid by othors end 1 Medical and dontal expensos (sac page A-2) . 1 Dental 2 Enter amount Irom form 1040, foe ;l4. (2 I 51 449 ~ Exponses 3 Multiply !inc 1. above by 7.5% (,075) . 3 31159 4 Subtract lino 3 from lino 1 If lino 3 is more than line 1, en ter -0 - q Taxes YoU 5 State and local income taxes 5 1 ti87 Paid 6 Real estate taxos (see page A-2) 6 ~ 2 779 (see 7 Personal property taxes 7 pago A•2.) 0 - Other taxes, List type and amount - .............. ..... -_ .............................................. 9 9 .................. Acid Imes 5 Ihroudlt 8 , ~ . g __4'466 Interest 10 Home mortgage Interest and points reported to you on Form 1098 10 _ 439 YoU Paid 11 Flome mortgage interest not roporlod to you on Fonn 1098. If paid (Seo to the person from whom you bought the home, see pago A-3 page A-3.) and show that parson's name, identifying no., and address - Note. ............................................. ................... .......................... ................ 11 Porsonal Interest Is 12 ...................... points not re orted to ou on Form 1098. Seo paye A-3 p Y not for special rules. 12 deductible. 13 Investment interost. Attach Form 4952 if requirod. (See paye A-3.) 13 _ _14 Add linos 10 through 13 , 14 439 Gifts to 15 Gifts by cash or check, If you made any gift of $250 or _ Charity more, seo pago A-4 15 a55 If you made a 16 Other Utan by cash or check. If any gift of $250 or more gilt and got a uenelit rot it , see paye A-4. You must attach Forrn 0283 if ovor $500 16 _ , see page A-4. 17 Carryover Irom riot oar P Y ~ - 17 _ 18 Add linos '15 through 17 1B 855 Casualty and ~ -- Theft LosstlS 19 Casualty or theft loss(es). Attach Form 4004. (See pa a A-5.) - 19 Job Expenses 20 Unreimbursed employee exponses--job travel union ~ and Mosl dues, job education, etc. You must attach Fonn 2106 Other or 2106-EZ if required. (See page A-5.) -,,,,,,,,,,,,,,• Miscellanetlus Expennes,frpm.2106.--,,.•..,•, 1,109 Doductions ........... .......... 20 1 109 21 Tax preparation fees ,. 21 _ 70 / (Seo pago A-5 for 22 Olhor expenses--invostinont, sere deposit box, etc, List - ' expenses to typo and amount - ...................................... ~~•• / deduct here~l ................................................................ 22 23 Add lines 20 through 22 - 23 1 179 24 Enter amount Irom Form 1040, line 34. L 24___L 51 448 25 __ Multiply line 24 abovo by 2% (.b2) 25 1 029 -- •-..~~,.~~~ ~~,~,; ~, nunl mlu ~s. n une ~~ Is morn man une 2:t, orator -o- 26 150 Other 27 Odter-from list nn page A-(',. List type and amount - .............................. Miscellaneous Deductions ............................................................................................... 27 Total 20 Is Form 1040, line 34, over $120,950 (over $64,475 if married filing separatoly)? Itemized ®No. Yow deduction is not limited. Add nto amounts in tho tar right colunut Deductions for lines 4 through 27. Also, Doter this amount on Form 1040, Ilne 35. ~ - 28 5 910 ^ Yes. Your doduction may bo limited. Seo page A-6 for rho amount to orator. I / For Paperwork Reduction Act Nobca, soe Form 10401nslructlons. cm. No t naox Schodule A (Form 1040) 2000 Schodulas AdU p~orm 1040) 7.000 Mamot5) slwwn on Fenn '1040 nn not nnlor namn and 3ucnil security numWu II shown on orhrr side 2 3 Schedule B--Interest and Ordinary Dividends sotquonco No 00 Note. Ili had ovor 5400 in taxable interest, you roust also complete Part III. r Palt I Interest (Soo page R~1 and the Instructions for Form 1040, Ilno On.) Note. II you received n Form 1099•INT, Form 1099•(JID, or substlluto slatomonl from e brokerage Orm, Ilst the lirm's Hama as the pnyor and enter the total lnlorasl shown on that form. List Hama of payor. If any Interest Is from aseller-financed mortgage and the buyer used tlto property as a personal residence, see page &1 and list this Interest first. Also, show that buyer's social security number and address - ,YJAYPnINT BANK ....................................................................... ............................................................................................. ............................................................................................. .............................................................................................. ............................................................................................ .............................................................................................. .............................................................................................. ............................................................................................... ............................................................................................. Add the amounts on line 1 , Excludable interest on series EE and 1 U.S. savings bonds issued after 1969 from Form 8815, line 14. Vou must attach Form 8815 , , Subtract line 3 from line 2. Enter the result here and on Form 1040, line 8a - :e. If you had ovor $400 in ordinary dividends you must also com I t P III Part II pee art Ordinary 5 Ust name of payor. Include only ordinary dividends. II you received any capital i d ga n istributions, see the instructions for Form 1040 line 13 - UiVidends , ,,,,,,,,,,,,,,,, ,OPPENFIEIMER CASH RES ..................................................... (See page R~1 ............... ....................................................................................... . .. ' and the . .. Instnictions for Form 1040. ............................................................................................. Ilne 9.1 . .............................................................................................. ............................................................................................. ~,.....,. Note. if you ............................................................ ................................. received a Form .............................................. 1099-MV or ............................................... '~.. substlluto ....... .. slatomonl Irom ........................................................................................... n brokerage Orm, ............................................................................................. listtho firm's ......................................... ... namn as the . ................................................ payor and onlm lho ordinary .............................. dividends shown ........ an that form. Part III Foreign Accounts and Trusts (See page 8.2.) OrNtO No 15AS~1b74 Pape 2 I Your social security number 6 Add the arnoun(s on lino 5. Enter the total here and on Fgrm 1040, line 9••,~- g You must corn(~leta this part if you (a) had over $400 of interest or ordinary dividends; (b) had a foreign account; or (c) rUCCWCd a djSlrlbUllnn trOm. nr WnrR A nrn nlnr nr nr n rroncr~,.., ... ., o ....:.......... 7a At any limn during 2000, did you have an Interest In or a slynaturo or other authority ovor a financial account in a lorolgn country, such as a bank account, securities account, or other linancial account? See paye B•2 for exceptions and filing requirements for Form TD F 90.22.1 , b If "Yes," enter the name of U1o foreign country - ,,,,,,,,,,,,, .......................................... 8 During 2000, did you recelva a disGibution from, or ware yuu the grantor of, or transferor to, a foreign trust? If "Yes "you m7y hrtve to lilt Form 3520, Soe Dann A-2 For Paperwork Reduction Act Natlco, sea Form 1040 Instructions. No Schedule B (Form 1040) 2000 SCHEDULED Capitai Gains and Losses (Form 1040) - Attach to Form 1tlg0. - Soo Instructions for Schodalo D (Form 1040) [Mlwnlned al lln ^easay Intanal Havor¢ro Sorvko Is91 - llso Schedule D•1 for more space to list transactions for Ilws 1 and 8. Name(sl shown nn FMm 1040 Held Ono Year or OMIT No 1545~u ~~~Q nuachmonl - Vour sxlal socurlty number Ial Description or property NI onto - uryuired ----- lul Dalr, s'olU r M d Id) Salon pane o ^~61 Isen a Io) cost or other balls / ID GalO M po95) m (dl Suhlu:cl Io11r (C.eamplo. 100 sh. %VZ Co.l __ IIAn d~ r 1 1 ay, y I O, p 9 (loo ac a D~61 / / / T ~ OPPEN GROYVTH FD Various 1011812000 - 517 ~ 328 ~ 189; OPPENGLOBAL Various 1011812000 -_ 533; 327 206 OPPEN GRO& INC FD Various 1011812000 688; 481; 20Y j 2 Enter your short-term totals, if any, from ~ Schedule D-1, line 2 , 3 Total short-term sales price amounts. 2 Adrl column Idl of lines 1 and 2 3 1 710' / 4 Short-term gain from Form 6252 and short-term gain or (loss) horn Forms 4684, 678'1, and 8024 . 5 Net short-term gain or Qoss) from partnerships, S corporations, estates, and trusts from Schedule(s) K-1 6 Short•terrn capital loss carryover. Enter the amount, if any, from lino e or your 1999 Capital Loss Carryover Worksheet 7 Net shartderm eapitai gain or (loss). Combine column (f) of linos 1 through 6 - I 7 I 8p,~ ~///////~//////////////i ~}~ 1 nnn_Tnrm ranhr,l r.~r..~ ~nrl 1 neewe._Acewfe Nwlrl MnfP Than Of1P. VP.aY (a) Description or property NI Date acyulmd (cl Date sad (d) Sales price lot Cost or other oasis IO Galn or pons) 19118 % rate pain or pons) t (Cvample, 100 sh. %YZ Co.l - (Mo., ~~r.l IMO.. (lay, yr.) _ (sec page D~6) Isce page D~6) Subtract lal Iront Itq Isee insy. below) 8 OPPEN- ,~OWTH FO r 1 2 5 ~ .788; - _~j___ OPPEN GLOBAL FD Various 1 011 812 0 0 0_ 7 112' - 4 3821 2,750! _ OPPEN GRO& INC FO Various 10(1812000 5,872 1,823 4,049 9 Enter your long-loan totals, if any, from Schedule D-1, line 9 . 9 ~ _ 10 Total long-term sales price amounts, Add column (d) of linos 8 and 9 10 Q 535! - 11 Galn from Form A797, Part I; long-town gain from Forms 2439 and 6252; and 4684 6781 and 8824 l b F l 11 --~-- oss) orms , ong-term gain or ( orn , . -. 12 Net long-form yain or (loss) from partnerships, S corporations, estates, and trusts Sch dule(s) K 1 I 12 __-- rom e - , l di t S D 'I C it i ib ti 13 + ga n s r ons. ee page - ap a u 13 -- - 14 long-term capital loss carryover. Enter in both rolumns (f) and (y) the amount, it our 1999 Ca ital Loss Carryover Worksheet from line 13 of an 14 ( ) ~ ! ~- . y p y, bi e column ( ) or li h 14 8 th 15 C 15 g om n ons roug . / 16 Not long-term capital gain or (loss). Combine column (I) of lines 8 through 14 - 16 9,582; 28% rate gain or loss includns all "collectibles gains and losses' (as deflnod on page D-6) and up to FiDS6 0l thr, uligiblo gain on yualifiod small business stork (see page D-4). _ _ For Paperwork Roductlon Acl Nouco, loo Form 1040 Inslrucllons. cal No 1 u:INt1 Schedule O (Form 1040) 2000 Sclwdulo U (corm 10A01 2000 2 17 Combino linos 7 and iG. If a loss, go to line 18. II a gain, enUrr the gain on Farm 1040, lino 13 17 _, NoxL Complnla form 1040 Uvouyh line 39. Then, yo to Part IV to ligure your tax If: • Both lines 16 and 17 arc gains and • Form 1040, lino 39, is more Ulan taro. OUterwise, stop horn. 18 If lira 17 Is a loss, enter horn and as a Qoss) on Form 1040, Ilno 13, lho smallor of those losses: • Tho loss cn lino 17 or • (53,000) or, If married filing soparaUrly, (11,500) 18 ( ) Next: Skip Part IV below. Instead, complete Form 1040 through line 3'/. Than, complete the Capltal Loss Carryover Worksheet nn page D-6 IP. • Tho loss on lino 17 exceeds the loss on lino 18 or - LL • Form 1040, iinc 37, is a loss, ~_fax Computation Usinp Maximum Capltal Gains Rates __ __ 18 Enter your taxable Income from Forrn 1040, line 39 19 _ 39 938 20 Enter the smaller of line 16 or lino 17 0l Schedule D 20 21 I(you are filing Form 4952, enter the amount from Form 4952, lino Ac 21 _ _ / 22 Subtract Ilne 21 Irom line 20. If zero or less, enter -0- 22 fl 662 23 Combine lines 7 and 15. If mro or less, enter -0- 23 _-_ _ 24 Enter the smaller of lino 15 or line 13, but not less Uran zoro , 24 .-__. 25 Enter your unrecapturod section 1250 gain, If any, hom lino 17 of Uro worksheet on page D-B 25 _ 28 Add lines 24 and 25 , 26 27 Subtract Ilne 26 from line 22. II zero or loss, color -0- 27 __ 9 582 _ 20 Subtract line 27 from lino 19. If zoro or loss, color -0- 28 29 Enter Iho smaller of: • Tho amount on lire 19 or l ,/ • 526,250 If sing!o; 543,850 if married Aliny Jointly or qualifying widow(er); 1 2fl _ 521,825 if married filing separately; or $35,150 If head of household fl 30 Enter the smaller of Ilno 2N or fnc 29 . 30 21 925 _ 31 Subtract lino 22 from line 19, If zoro or less, enter -0• 31 32 Enter the larger of lino 30 or line 3'I , - 32 ~ 33 Figure the tax err the amount online 32. Use the Tax Table or'fax Rato Schedules, whichever applies 33 5 855 _ Note. If the amounts on lines 28 and 30 arc Uro same, skip Ilnes 34 Uvouc h 37 and ye to line 30. 34 Enter the amount from line 29 34 _. 35 Enter the amount hom line 30 35 38 Subtract line 35 from line 34 . , - 38 37 Multiply line 36 by 10% (.10) , 37 Note. If the amounts on lines 19 and 29 are the same, skip linos 56 through 51 and go to line 52. 38 Enter the smallor of lino 19 or lino 27 , 38 39 Enter the amount from line 36 39 -_ 40 Subtract Ilne 39 from lino 38 , - 40 __ 9 562 41 Multiply Ilse 40 by 2090 (.20) . 41 Nate. If line 26 is zoro or blank, skip lines 42 through 51 and go to lino 52. 42 Enter the smallor of line 22 or lino 25 . 42 _ 43 Add lines 22 and 32 , 43 `_ 44 Enter the amount from lino 19 44 15 Subtract lino 44 Irom lino 43. Ir zoro or less, enter -0- 45 _~_ _ / 48 Subtract lino 45 from line 42. If zero or Inns, enter -0- . - 46 __ _ 47 Multiply line A6 by 25% (.25) . 4T - Noto. Ir line 24 is zoro or blank, skip linos 4U through 51 and yo to line 52. 49 Enter Uie amount from line 19 48 ___ 49 Add linos 32, 36, 40, and 46 . 49 _ 50 Subtract line 49 from lino 40 . 50 51 Multiply lino 50 by 28% (.28) , bt 52 Add lines 33, 37, 41, 47, and 51, 52 _ _ S3 Figure the tax on the amount on line 19. Uso the Tax Table or Tax Rato Schndules, whichever applies 53 8 319 51 Tax on all taxable Income (including capital gains). Enter Um smaller of lino 52 or Ilno 53 horn, ~ Srhedulo 0 (Form 1040) r«m 2706 Employee Business Expenses OMONO 15d5.Ot„ ~~ - Soe separato Instrurtlons. 000 OepeNnerN of Ub Treasury Mtachmanl kwxrrl Re _venue xrvice IrJ9) - Attach to Form 1040. __ _ S uonca No. $4 Your remo OccupaUOn in which you h~currod owpenses Social sacurtty number WILLIAM W. DAVEV ~ MIL.ITARY TECH 175 ! 40 i 5695 Employed eusfness Expanses and Reimbursements Column A Column B Step 1 Enter Your Expanses Other Than Meals Meals and .. and EntertanlTlenl F'nrnrtalmm~nr 1 Vohlcle expense from ling 22 or line 29. (Rural mail carriors: See Instructions,) . 2 Parking lees, lolls, and transportation, Including train, bus, etc., that did not Involvo ovornight travel or rommuting to and Irom work , 3 Travel expense while away rrom home overnight, Including lodging, alrplano, car rental, etc, Do not Include moats and entertainment 4 Business exponsos not included on lines 1 through 3. Do not Include moats and enter•alnment 5 Meals and ontertainment expenses (see Instructions) $ Total oxpenses. In Column A, add lines 1 through 4 arld enter the result. In Column B, enter the amount born line 5 , 1,109 Note: I(you were not reimbursed for any expenses in Step 1, skip line 7 and enter the amount Irom line 6 on line 8. Step 2 Enter Reimbursements Received Frorn Your Employer for Expenses Listed in Step 1 7 Ender reimbursements received Frorn your employer that were not reported to you In box 1 0l Form W2. Include any reimbursements mported under code "L" In box 13 of your Forrn W7. (see instructions) 7 Step 3 Figure Expenses To Deduct on Schedule A (Form 1040) 8 Subtract Ilne 7 from line 6. Ir zero or lass, ontor •0•. However, if line 7 Is groater than line 6 in Column A, report the excess as income on Form 1040, line 7 9 1 Note: I/ both columns of line d are zero, you cannot deduct employed business expenses. Stop here and attach form 2106 to your return. 9 In Column A, enter the amount Irom line 8. In Column B, multiply line 0 by SO% (.50). (Employees subJect to pepartmont of Transportation (DOT) hours of service limits: Multiply meal exponsos by 00% (.60) Instead of 50%. For details, see ~ instructions.) 9 1 10 Add the amounts on line 9 of both columns and enter the total here. Also, entor the total on Schodulo A (Form 1040), hno 20. (Fee•basls state or local government officials, qualified performing artists, and individuals with disabilities: See qte instructions for special rules on _ whore to enter the total.) - to s.tna For paperwork Reduction Act Nohce, sna Instructlans, cat No. 1 nooN roan 2106 Izaool F«m zioa tzoool WILLIAM W. DAVEY Section A-General Information (You must cornplrto this soctlon If you (a) vehicle 1 ara claiming vohicle expenses.) 11 Enter tho dato the vehiclo was placad in service 11 01 / U1 / 1997 I 175.405895 r~ago E i (b) Verticle 2 12 Total miles the vehiclo was drlvon during 2000 12 22,749 mil mih 13 Business miles included on line 12 13 2 805 miles ~ mih 14 F ercant of business use. Dlvidr, line 13 by lino 12 14 11,45 15 Avorage dally roundtrip commuting distanco . 15 mils ,_ milt 18 Commuting miles Included on Ilne 12 16 mhos mih 17 Othor mllas, Add lines 13 and 16 and subtract the total Irorn hno 12 , 17 20,144 miles mih 18 Do you (or your spouse) have anoUu:r vehicle available for personal use? _ . ®Yns ^ No 19 If your Amployer provldod you with a vehicle, is personal use during nf! duty hours permittod7 ~ Yas ^ No ^ Not applicablo 20 Do you have evidence to support your deduction? , . Q Yes Cl No 21 If "Yes," Is the evidenco written? , ~ Yes ^ No Section B-Standard Mileage Rate (See the lnstrucbons for Part II to find out whethm to complete this section or Section CJ cc ,viwuyry uuo ro uY acaW t.JCOI ___ 122 I Ad71 Section C-Actual Expenses a Vehicle 1 b Vefticle 2 ~~- 23 Gasoline, oil, repairs, vehiclo _ Insurance, etc. . 23 24a Vehicle rentals 24a ,__ b Inclusion amount (see Instructions) 24b c Subtract line 24b from lino 24a 24c 25 Value of employer provided vehicle (applies only II 100% of annual lease value was included / / on Form W~2-see Instructions) 28 Add lines 23, 2.4c, and 25 25 26 - j/ / 27 Multiply line 26 by the percentage on line 14 t8 Depreciation. Enter amount 21 // i from line 38 below 20 t9 Add lines 27 and 2B. Enter total / - here and on line 1 , 2g anuaron u-uaprecraaon o1 venicies (use this section only if ynu ownod the vehicle and are completing Section C for the vehicle.) _ _ ( a) Vo hiclo 1 ( b) Vohiclo 2 30 Enter cost or other basis (see. ~ instructions) 30 31 Enter amount of section 179 / / rJeduction (see instructions) 31 32 Multiply line 30 by line 14 (see tnstntctions if you elected the section 179 Deduction) ,. 32 1- / 33 Enter depreciation method and percentage (see instructions) ,. 33 20. 34 Multiply line 32 by the percentage on line 33 (see instructions) ., 34 i - 35 Add lines 31 and 34 35 36 Enter the limit from the table in Iho line 36 instructions 36 1 775 37 Multiply line 36 by tho percentage on Ilne 14 37 ~/ 203 39 Entor the smaller of lino 35 or / lino 37. Also enter This amount on line 2B above 30 © r«m 2108 tzoeol PLEASE 000 0114579 PA-40 ~ PAGE10F2 175-40-5695 DA ].86-38-7261 DAVEY WILLIAM W EX 0 RS R A 0 FS M FY 0 703 CHARLES ST MECHANICSBURG PA 17055 SC 21650 PN - J _ 1A 33455.00 18 2 575.00 3 1109.00 1C 32346.00 5 10164.00 6 228.00 4 •00 8 •OO 11 43313.00 1 ' '0° 4 7 10 •00 •00 c 1213.00 Looal information. En1ar vlr~~eyou livrcJ as of 12/31/00 School District: Mechanicsburg A School Code: 21656 County: CUMBERLAND Munlclpallty; MECHANICS9URG Residency Status. R X Resident N Nonrosidont P From: Parl-Yoar Resldont _ _/-. _-/--- To: --/- - ~--- Extonslon Amonded Return Flacal Yoar Fllora, Typo Filer S J M X F D Singla Manled, Filing Jointly Marded, Filing Separately Final Return Deceased Date of death ___/___/ 1a. Oross Compensallon, Irom PA Schodulo W-2S, or your Forms W-2, or other statements. . , , , , , , 1 a. 1b. Unralmbursed F,mployoo Susinoss Exponses, Irom PA Schedulo UE. 1c. Nel Componsatlon. Subtract Llne 16 Irom Llna ia. 2. Interest Income. Complote and enclose PA Schedule A, II over $2,500. 3. Dividend Incorno. Complote and enclose PA Schedule D, If over $2,500. 4, Nel Income ar Loss from lho Oporatlon of Business, Profosslon, or Farm. 5. Nat Guln or Loss from tho Salo, F.xchango, or Disposition of Property 6. Not Income or Loss from Ronls, Royallios, Patents, or Copyrights. ........... .... 2. ........... .... 3. .......... ....4. .............. ....5. ................ ....6, 7, Fslate ar Trust Income. Complalo and enclose PA Schodule J. . , , , , , , , , , ,.,.7: 0. Gambling and Loltory Winninrys. ,,,,,,,,,,,,,,,,,,,,,,,,,,, ......................6, 0. Total PATaxable Income, Add ~,y y~, Pos~ive Irvxxrxf anxxx~ts ~ Unes ic, 2, 3, 4, 5, S, 7 and B, DO NOT ADD any lossos raportod on Linos q, 5, or 6. , , , , , , , 0 10. Contrlbutlone To Your Medical Savings Account. See the Insuuclions. ...................10. 11, AdJusted PATaxablo Incomo. Subtract Llno t0lroni Lino 9 , , , , , , , , ........11. 12, PATazl.laWllty Multiply Llne 17 by 2.B'/, (0.02a)glso Doter on Llno 13, Side 2, , , , , , , , , , 12. ,.,, Slde 1 -T'WW., ~se oN~ FC 6000114579 ~l ...................tb. ..................................ic. 33 455 32'+45 675 --•-----i4 -.-~_ 43 313 43 313 B T_- 1,213 0000114579 ,,~ DAVEY aana214s77 WILLIAM W ~ PA E OF 2 175-t10-5695 13 1213.00 14 1133.00 15 16 19 . as L'7 . pn 18 71 •n0 20A 01 208 c 24 .00 •n0 22 25 .a0 23 27 •n0 2$ •00 1133.00 26 29 30 33 •00 31 •n0 32 36 •00 .00 34 37 •an 35 .00 13. PA Taz Llablllty. Enter your lax liablllty 6om Llna 12 on Sido i,,,,, , , ,,, ,,,, , , , , , , , , , , , , 14. Total PA lax Withhold, Irom PA Schodute W2S, or your Forms W-2, or other statements. . 15. Crarlit from your 1gOp PA Interne lax Return . .... . . . . . ... 15, 16. 2000 Estimated Installment Payments .. . ............. . . i6. 17. 2000F.xlenslonPayment, ,,,,,,,,,,,,,,,,, 17 _ 18. Nonresldonl Tax N/ifhheld on your PA Schedule(s) NRK-1.... 10. --_ ----_- 19, Total Eatlmaled Payments and Credits, Add Linos 15, i6, i7, and i6. . . Tax Forglvoness Credit. Complete Ilnos 2pa, 20b, 21, and 22. Road Instructions. 200. Flling Status: X Unmarrlod or Separated Marrlod Oocoasod 20b.Dependenls, Pad B, Lino 2 PA Schedole SP.... .. , , , , 21, Total Ellglhlllty Income Irom Pan C, Lino '11, FA Schadulo SP........ . 22. Tax Forgiveness Credlt Irom Pan D, Llno 16, PA Schedule SP, ,,,,,,, , ,, , , , , , , , , , , , , , 23, Total Credlt for Taxes Pald to Other Slates or Countrlos. Enclose yew PA Schedule G or RK•1. , , , 24. PA EmploymeN lnconllve Payments Crodil. Enclose your PA Schodula W, RK•1 or NRK•1.. , , , . . 25, PA Jobs Creation Tax Credlt, Irom enclosed eonificaln or PA Schedule RK•1 or NRK~1...... , .. , 26. PA Waste Pre Regcllny Investment Tax Credit, from enclosed ceNficalo or PA Schedule RK-1 or NRK•1.. . 27, PA Research and Development Tax Credlt Irom encbsed corti6c~ito or PA Schedule RK•1 or NRK-i. . . 26. TOTAL PAYMENTS and CREDITS. Arid Lines 14, 10, and 22 through 27,,, , , , , , , , , , , , , , , , , , 29. TAX DUE. II Llne 13 is more than Llno 26, enter Iho dlllerenco hors ................. . . . . . . . 30. OVERPAYMENT. II Llne'2.8 is more Ihan Lino 11, enter Iho diflorance hero, , ,,,, , , ,, , , , , , , 31. Refund -Amount of Llne 30 you want as EI chock malted to you .. . ... ........ . 32. Credlt --Amount of Llne 30 you wane as a credit to your 2001 estimated lax account, RB/Und 33. Donatlon •• Amount of Llne 30 you want to donate to the Wlld Resource Coneervatlon Fund. 34. Donatlon •• Amount of Llno 30 you want to donate to Iho U. S. Olympic CommiRoo, PA Dlvlelon. 35. Donatlon -- Amount of Lino 30 you want to dnnalo to the Ora D .00 •00 oa •00 •00 BO•an •O0 .0a 13. ____ 1,213 _ 14, 1 133 10. 200. ~ 20b _ Q 21. ~ _ r 22. ~ - 23. ___~_. 24. _~. _ 26. ____~ 27. 28. 1_^-133 2g. - d0 ---- 30. 31. 32. ~ 33. _ ~_ 3A. _ 36. Donatlon •• Amount of Llno 30 you want to donate to the Koroa/Vlelnam Mom olal ~ oat Fund , . , 35. 3%. Donatlon •• Amount of Llne 30 you want to donate to Iho Braael and Cervical Cancer Fund .... 96 J Tha total of Linea 31 through 37 moat equal Llno 30. 57. my or company Nama, other Ihan Prlperer w Cmloa 0000214577 0000214577 M1EM! M Net G4l Nfgfl YOLq p!/I!p IMn. EY,pENIKIFN Ydl /l!. CIAn 7 SUMMARYrI PA Schodulo W2S (09/t F1 aFF~NTYEYT OF aEV Name(s) as shown on your PA lax trot a Pn amount on your other stalemenla for smut Information From Each Number of Formial W2 (a) _ (G) (c) Enlor Iho total on Line is (d) Enter the total on Llno 14 Employer Identlfcation Number Irom box B__ Fadnral wagos Irom _~ box 1 PA laxahlo compensation (torn box 17 PA lax withheld Irom box t0 t. $ -~----2Z __ $ v 27.20 $ '-- 2. _,84.9950000 _ A $ - 13,280 ~_ ~ 6 254 $ 3%1 3. $ _ $ $ ---- 4. ~ ~ $ $ ~ _.- $ -.-. G. - - $ -- $ - ---__ $ -.. Caullan. Tho Daparlmenl roserves the right to requlra your actual Forms W-2 ._._ .. ...........................................~,,,.,,.,,. __ l> 33.455 I$ 1,133 I - PASCheduleAdB(09.99) _ Interest and Dividend Income 2000 PA OEPARTMENl OF REVENUE Name(s) as shown on your PA taz return: ~ ~ ~Soclal Security Number. II you need more space, you may pholowpy (hose schedules or preppare your own schedules In this lormat. Caution. Federal anti PA roles for taxable Interest and dividend Income are different. Read the Instructlone. Flling lips. If either your PA Interest Income or divldond Income is $2,590 or lass, you do not need fo submit a schedule. If either your Interest Income or dividend income Is mom than $2,500, you must submit a schedulo. Flling options: 1. You can submit a copy of your lederal schedulo, or you can )ust enter your letloral inlerast Income and/or divldond Income. The Department can vedfy the anaunts you reported on your Federal Income Tax return. 2.Olherwlse, Ilsl the name of each payer and the arnounl of PA Interest and dividend Income you received in 2000. _ PA 9chedulo A • PA Taxable Interest Income FIIMp option 1. Enter the amount (torn your Fecioral Schedule B Donn 1040) or Schedule I (Form 104UA). i. $ Fllln optlun 2. PA Taxable Interest Income. Read the Instructions, _WAYPOINT BANK __ g _ $ _ ~_ ~ ~ $ - -- $ - - -- ----- $ _~.. _ $ _~ _ -- $ -- -~ $ - 2. Total PA Taxable Interest Income, Add the amounts above and enter on Line 2 of your PA tax roturn. 2. $ 575 _ PA schedulo B • PA Tazabla DlYldond Income Flling option 1. Enter the amount Irom your Federal Schodulo B (Porto 1040) or schedulo I (Porto 1040A). 1 $ Flling o tlP on 2, PA Taxable Dividend Income. Read the Instructiono. tlPPFNHFIMFR CACH RFC _ $ ----~ $ -- -- $ .. _ Z. Total PA 7axabin Dlvldond Income. Add Iho amounts above and enter on Llno 3 of your PA tax return. 2. Imnomnl.fmlr.ln.b.nl.rnl..n,~_. •.•u..u__.,___-_.__... ____ .. $ NT 0 roturn: 0001214576 aNrr, r-v„ua ..~~ won your rn mx ruwrn, ar pnorocopymg mom ro a shoot of paper, you may wnle the necessary nut orms W2. Important. Your PA compensation may be dl eront Irom your lederal wagos. Caution. If you believe 2 Is Incorrect, you must submit your nctual Form W2 with a wdlton ozplanaflon from your employer. Vou must submit are reporting as compensation on your PA lax return. II you need there space, you may photoropy Ihls achadule or prepare your own schedulo In this lormat. . _. _...__.._.._ _._ _.,._...,. ..,.,.,,.. ,.., . ~ r~,v~•~., •..,, ,,,..,,y„ rv~ r•r.~r o,•n, ~n am,wwa •, rot reaerm purpoeel. 0001214576 0001214576 PA SCHEDULED (1) Sale, Exchange, or Dlsposltlon of Property PA-00 DU (09991 .~~~~ as shown bn yoW PA lax return: OOU.L314574 Read the Inslnlctlons. If you Woad more space, yaf may make pholocoples of this schedule or make your overt schedules In Ihls lama/. Enter all sales, exchanges, or other dlsposlUons of real orpersonaltangible and Inlarglble properly Amounts from !rxleml SGtedulo D may rot be correct for PA Income tax purposes. Spouses shOUld Ale seoarel0 PA Scha1u10S D, unless sellirxi IolnUv owned aooerN. Norvesidenls slxxild mad ramh,Uv Irw Incrn vYimc rnnmmim InlamiNw,vn,wn. UI Describe Iha properly sold ExemDle. 100 shares of'ABC rommon clock or 2 acres t In Dauphin County y O MoNhlDay/Y oar pw properly was sold lal MonlhlDay/V ear Iha properly was purchased or acquired Idl Gross sales price ror Uo property' loss oxpsnsaa el Salo (~) Cosl or Adjusted Basis of Iha property veld ~..-cue Irl Galn or loss Id) minus (q II a loss, till in Iho oval, QPPEN GROWTH FD _-__ QPPEN GLOBAL FD 1 011 812 0 0D OI181200 Various Varlous _ - 7.OF1 _~7.1 2 4 788 4 2 2.783 7 QPPEN GROWTH EQ _ 10! _~CdLlS2U9_ _~" __ 109 QPPEN GLOBAL 10/18(2000 Various 033 _ 327 206 QPPEN GRO$ INC FD QPPEN ORn& INC FD _ tOH8f2000 ___ Various _ 5 872 __~ 1.823 207 4,049 2. Net gain or loss Irom above sales. II a not loss, fll In Iho oval ........ .... . ......................... 2. ~ 10.E 3. Gain Irom installment sales Gem PA Schedule D-1 ................... ........... ~ s , , . „ , , ......... 3, 4. Taxable return of capital dislribullons . ....... . ... . Enter total distrlbutlon ~ ~ _ ......................................... Minus Adjusted Basis -- A, o. ncr yam or roaa rrum mn sago or o-I-r.I progeny Irom rn acneowe u•/1. II a net loss, fill In the oval. ......... U 5. _ 6. Nat yaln or bss hem partnerships and PA S corporations, PA Schedule(s) RK•1 or NRK•1. II a net bss, All In iha oval... , . ~' 6. Taxable gain Irom the sale of your principal residence. Complete Columns (al Ihrou0h (e) and enter vour total ealn In Column 1. (a) Address of resltlanca _ (b) Dato sold MonlhlDaylY Oar (c) Dale acquuad hlontNDay/Year (tl) Gross sales pace, loss expenses of sale (o) Cost or AdJustotl arils (D Galn or loss (U) minu6 (e) ~___ _ _ r _ ~ Yih~.('.. 7. Taxable aln Irom the sale of your principal residence. II a loss; All In the oval 7, 8. Total PA Taxable Galn er Loss. Add Lines 2 through 7, Include the amount on Une 5 0l your PA-00. M a net bss, fill In the oval. ' 8. ~p,~84 PA-00 D/J (09.99) DA C/+llCnlu C t r.... ~.Y_ x.._~. r-_a _.__ __ ~_..__._ ____ O~Ob314574 OOQ1314574 neao the Instrucllons. Ii you need mare space, you may make pholowpies of This schedule or rnake your own schedules In this lormal. List iha name, address and Idanli0cation number of each estate or trust. Por PA purpuses, the estate or trust yivos you a PA Schedule L. II you received a.Foderal Schedule K•1, Instead of a PA Schedule L, submit It with your PA•40 and enter the amount of your PA taxable Income. Total Eatate or Truat Inuomo. _ Add column c and enter the tom/ hao and on Line 7 nl Your PA-40 ................... . ... . . .... . . . . . . .... ~` „J PA SCHEDULE UE(I) OCi017b4575 Allowable Employee Buslnoss F.xponsos M you Ir>cur expenses horn morn 5><m ono job, y«I may make pholocoplos of This sdreckdo a n>Tko your own scitodules In 7Js Icxrr4nt. _ Name of Taxpayer Claiming Ezpansos: Social Security Number. WILLIAM W. DAVEV_ ___ ,_ 775.48.5895 Employer's Namo: 1L-m~l~Ypr_sAr151rpAVE Employer's Federal ID Number: DFAS OPLO,~CHAS 54 11g~i$UiU~~XTTt{UUNN SC 29QQ~•1 Describe Iho dunes of the job In which you Incurrod those ozpensos: Employer's Telephone Number: Caution. You may not use Llne 4 ul Form 2106 or Form 2106E7.. You must Itemize those expenses In Parl G of this schvdulo. Vehicle Expenses. Standard Mileage Rate, Flung Tlp. II you do nut file Form 2106 or 2106EZ, enter your total business miles _~ and multiply by the federal standard mileage rate $0.._ Enter the result on Lino 1. __ 1. Enter the amount Irom your Form 2106 or Lino 1 0l Form 2106EZ . ................. . . . ... . ..... r ... . . . .. L I 847 Vehicle Expenses. Actual 7ravol and Mlleago Expenses. 2. Enter the amount Irom your Form 2106. Make Iho lollowing adjustments :... ..................... ........ 2. _ 3. Add back Iho Inclusion amount. This adjustment dons not apply for PA purposes . .......... ....... ........ 3, ~~ 4. Depreclallon. You may use any generally accepted method. II not using your Form 210E, Doter your depreciation expense and complete Llne 5 . ............. .... . .................. . . . . . . .... ...... . . 4. ~_,.~~ 5. Deprocialion Method. __ __ 6. Actual Travel and Mlleago Ezpansos for PA Purposes. Total Lines 2, 3, and 4 ................... ........ 6. _ ------ 7, Parking Fees, Tolls, and Transportallon. Enter the amount Irom your Fonn 2106 or Form 2106EZ ....... ........ 7. 8. Away From Home Overnight. Enter Iho amount Irom your Form 2106 or Form 2106EZ ............... ........ 0. _ 9. Meals and Entertalnmenl Ezpansos. Enlor the amount Irom yew Form 2106 or Form 2106EZ . .... . ... ........ 9. _ 10. Total Expenses for Part A. Add Linos 1 or 6 and 7, 6, and 9 ......... . ....... . ................ .... . ... 10. _ Part B. Dlroct Employee Business Ezpansos. • 11. Union Dues. List Union name(s) and amount(s) paid. Enter total. Attarh additional sheets, it needed. Name of Union(s) and amount(s). _ _ 11. C-._~~~ 12. Work Clothes end Unllorms. Required as a condition of employment and not suitable for everyday use, Description: ~ ___ ___ 12. 13. Small Tools and Supplies. Required as a condition of employment and not provided by your employer. ~~I Descdption: __ _ 13. I I 14, Prolesalonal Llcensa Feea, Malpractice Insurance, antl Fldsllty Bond Premiums. Required as a candilion of your employment. Description: 14. 15. Total Expenses for Part B. Add Lines 11, 12, 13, and 14 . ................................... ...... 15. answer or CL Does your employer require you to maintain a suitable work area away Irom the employer's premises? ..... , . C1. C2.1s this work area lho principal place where you perlorm the duties of your employment? ................... C2. C3. Do you use this work area regularly and ezclusivefy to pedorm the duties of your employment? .............. C3. II you answer YES to ALL Ihroo questions, continua, II you answer NO In ANY question, you may not claim al home expenses. Aelual OMioe or Work Area Expensoa. Enlor expenses for Iha ontlre year antl then ealrulalo the business podion, a. Depreclallon Expense (Homeowners only) . ........ .............................................. a. b. RealEstato Tazes ........................................................................... b. c, MoAgage Interest (Homeowners only) . .............. ............ .............................. c. d. Utililles . ...................................................................~............. d. e. Propertylnsuranca .......................................................................... e. I. Property Maintenance. Itemize the type sort amount of maintenance expenses Incurrod: g. Other Apportionable Expenses. Ilomlre Iho type and amount of these expanses: [) 1. YES ^ 2. NO ^ i. YES ^ 2. NO ^ 1. YES ^ 2. NO I. C ------ ----- - - 0' h. Rent(Rentersonly) .......................................................................... h. L Total, Add Lines a through h. Enter Iho total hero . ................................................ . . I. j. Buslnoss Percentage of Property. Divldo the total square Inotaye of your work area by Iho total square loolage of your ontlre property. Round to 2 decimal places . ... .................. .............. j. 0• "/" k. Apportioned Expenses. Multiply Lino I by Iha decimal on Llnn j.. ~ . . .. . ................................ k. ~_ I. Total Offco Supplies. Itemize supplies you purchased exclusively for use In your o81ce or work rtroa. _ ._~ Total. 1. 16. Total Ezpansos for Part C, Add Lines k and I . .......................... . ... ........ . , .. , i5. ooo17i4575 001714575 Side 1 _J PA ScHEQULE UE (I) 0001814 573 Allowable Employee 6uslnoss Exponaos PM40 UE (01.001 2000 PA DEPARTMENT OF REVENUE Name of Texpayet Claiming Ezponses Part D. Moving Expenses, - ~ -- `- a Enter the number of miles hem your aid home to your now workplace . .......... . . . ....... . .... ... .... a miles b. Enter the number of miles Irom your old home to your old workplace ................ . ....... . ........ . . . b, „ miles c. Subtract Llno b from Lina a and enter the diHaronce . ..................... . . . . ........... . ........ c. ___ mhos 11 Line c Is 50 mhos or morn, continue. II not at toast 50 miles, you may not claim moving expenses. 17. Transpodation expenses In moving household goods and personal eitecls .............................. i7. i6. Travel, meals, and lodging expenses durLng the actual move from your old home to your new borne. . , , , . , ... 16. 19. Total Ezponsea for PnR D, Add Lines 17 and 10 . .......... ........................ . ......... . . 19. Part E. Education F.xpensea. Vou must answer ALL ihron yueslions or the Department will disallow your axpensasJ EI. Did your employer or a law require Thal you obtain this education In mtaln your present position or )ob? ....... , . ^ 1. YES U 2. NO II you answer YES, continua. II you answer N0, you may not claim education expenses. E2. Dld you need this edueallon to moat the entry level or minimum requirements to obtain your lob? ~ ~ ~ • ~ ~ , ....... ^ 1. YES [( 2. NO E3. WIII this education program or cowse of study qualify you for a now business or profession? ... ............. ^ 1. YES ^ 2. NO II you answer NO to both questions, continuo. If you answer YES to either question, you may not claim education expenses. 20. Narne of college, university or educational Institution. ~_^__~ 21. Course of study. __ ~~~~ ~_ 22. Tuition orfoos . ................................~...................................,..... 22. --- 23. Course malerlals . ........................................................................ 23. 24. Travelexponses . ........................................................................ 24. _ 25. Total EzPenaea for Part E. Add Lines 22, 23, and 24 . ............................................ 25, _ Part F. Depreclatlon Exponaos. Do not Include vehicles (use Part A) and office or work area (use Part C) expenses (a) Description of progeny (b) Cast or other basis (c) popreclation method (d) Ueprecialion doduclian (e) Section 179 expanse (f) Expense Add (d) t(e) ---- - 26. TotalExponaeaforPart F. Add columnL ..................................................... 26. Part O. Miscellaneous Expenses. Itemize the type and amount of a. UNIFORMS - _ 95 b _TELEPHDNE _ ___ 167 b. c. d. ar _ --- - 27. Total Mlecollaneous Expaneea for Pan 0. Add Llnas a through a.. . _ 27. __-2fi Total Allowable PA Employee Business Expenses. You must also account for ralmbursoments, If any, --- E. Total ex oneoe. Add Lines 10, 15, i6, 19, 25, 26, and 27. .. . 29. Relmbureements. Enter ralmbursoments That your employer DID NOT ropon as taxabl 29 ~_ t,to1~ o wages on your Form W-2 . ................. - 30, Net Expenao or Relmbureemont. ........... ~ ....... , , ... ~ 30. ~_ ~ t09 I} Llne 26 le MORE than Line 29, enter the dllforence on Lino 30 and include on Llna ib, Unroimbursed Employee Business Expanses, on your f?A-00. If Llne 29 la MORE than Lino 26, Dolor iho dillorenco on Lino 30 and Include iho excess in Llna 1a, Oross PA Componsallon, on your PA-40. 0001814573 0001814573 Side 2 SUPPLEMENTAL SCHEgULE forraxvoar V Form 1040 T ` -- _ Fonn21o6q_1 ,~-`_:= 2000 TaMnaVOf namo(sl as shown on form 1040 u Social Socurlly Numbor. WILLIAM W. DAVEY _ _ 17510,5695 9TATEMF,NT Form 2106, Additional Business Expenses (Line 4) Business Expense Expense Amount UNIFORMS 95 TELEPHONE 167 TOTAL 262 ~~ `I I, ,LFy F ~~ 07I~I 1. W Z EARNINGS (Alltcn W 2U ~ _-~~ I_ ~2-.~-~- E, EAIPLOYEEBUBINEBy ExPFRSEB(AgeglBbY Bdieele UE~I end RequMeO AaerJalan6l .,....... ., ..,.. . . _.,.,.., 2. ; ,.~/ 0~ f :` ). TA%ASLE W4 EARNINGS (SpBllaCl L na Z bom Dne q T 1 ~ ~ ` f ~. ERNER TA%ABLE EA40lED MCOME (NR Yibnp; UMdende a Unrarpbplwll BeEleBb, Al1edl 8uppwWq DarlmenWl_ .. .. ... 4. o.-..- . .~ t. ~r 5. TOCAL TA%ADLE EiANNE0INCOMB OEFOgC PIEiT PROFTS Ilcesnsl FFl061 SCLI'~[MPLOYAIF.Nf (Add Linea 9 and q ~ ~ ~ Cy D L B. NET LOS9 fRDM 9ELF•EMPLOYED DUSINE99, PROFEDSION, OR FARM .,, .:.._`, ~ ,.:M1M EI)el kx ply Nal Prow( WIedI ApProlMeb lR9 Schedube) ...... ~.:.. ~..._~...... ~... _....,. ~ B' ' .. 1. 9UOTUTAL I9UEIrarl Lme5lrom Lln0511~ LESS THAN ZERO. UPREFI ZERO T 3y.~(y~j C~~ dd !. NEr PROFfy fFA7M SELF-EMPlOVED BU9W[59, PROFE9910N, OR FARM...,.... ~., d .. ........ - B : _ .._..... . ,(Uw LIM O br eny Plellvue•1 ~AWClI ApprOplble IRS ShcedAeal .., ' ...... , ;1., 9. TOTAL TA%AOLE EARNED INCOME ANU NET PROFITS yUld lino 1 .Inn 111 ~ ^2, ~ 6 f/d a 10 iA1(LNBILFIY I%OF LMIEO(Mutly*jUMOb/.01)-. . .....,.~ ~ ~ ~Z/ I I. CREDITS. A. ENTf:R TOTAL 1"i; TA% WITH/IELD OY EMPLOYER D ENCER pUARTERLY PAYNENi EIAO[TO THIS OUf1EAU ' L 7 S° q 17 IFLWP. 11Cfl lAROf:RI/WN UNE IO,GMEq SifFUNO DUE HERE ~.. ... _.., .., .... .,.. ...... `,,(B LeN Nen f1,00, EIBp Zaol ....., ..,,... IZ. 10 IF LINE 1019 LARGER iP1AN LINE I IC. PAY VNPAID OALANCF. fIY APFlIL IS (II lest Inan f L00. Enler Zerol 17 ~~ ,I~ AOD WFEf1EET AND PF.fULTV OF.i%PER MdlfM OF LME I9AFTER AM11L 15 : : ': - ... ... .. . ~.. __._ ., 14. :~i, 15. PAY BALANCE DUE WMM TMI9 gETURN (Line 10 plug Llna M) IS OLU MAILING ADDRE99 LIST MOVING IP/FO Rh1ATI0H POR IIXID TA%YEAR pfiLO'N TWP/pORO P[aIOD IIVFD HERE UR v -- / / rp L ~ RENT MAILING ADDRESS (IF NOT THE 9AAI[ AN 0610'NI TM/PI pORO _ - - __1~ I G TIIA UPI - P NALryry OF LAW Th1~~lE~Y~IF,~E TION HEIIE N C 1fiECri PRF.9 Fa I'f - -- ~ ~ IAV/11 f ME IELEC'UBNf. NUAl0Ei1 BRIE G%INYERE SIO~UfUnE IF.LEPIIBNE NUMBEn e e 3 e 1 1 1 11 uLe ur+vPlo cone TAX BUREAU COPY • 17s-4o-s69s w 2000 FINAL RETURN FOR EARNEDINCOMETAX _ - -- • WESTAN FORM 591 (REV. I I/00) -- -- I°-o AMOUNT ::;,:;:,;,,;3,;i':A,;:~3,;3u7::1;1>;3 ECkLOT >kIk G-011 pEE_nENCP NO 1-793-040 WILLIAM W DAVEY 703 CHARLES 5T anneca+esEmrcAtenulaDUanEAEeslEerrta: MECHANICSBURG PA 17055-6633 061 MECMANIC5BG BORO --.___~- 04 3 7 3 6 0 ~ 1~4Q O,,,inrnnenr r,r rnr• trnn•;wy ~rwinr,A n~wnnnn ~;,,~~~, ~ ~ 0~0 ~~ ~ ~ U.S. IndlviduAl Income7ax R©turn Isrsn ~~;,~rr,,.[„~~, ~~~~~,~~~~+~~~~~~ ,~.~,~~,~n,t~,~.,,,,~ _ _ ~~ ~ for lee yoar Ian I Unr. J L ZWn. nr nlhgr lax year nnquminq , 2(Nxl, on%eny 70 ~OMh No I Sd5~IX11A Label your and nnnw and uuual ~_ Lest name ~ Yo[u swial sacurlty num5ar I (Soe n DAVEY WILLIAM W ~ , ._ 175! 40 :5595 _ ~ - nsUUCllons a _, ,.. ___ II n lrnnt nnunt spouse's lust name nnA inlird _ ____ last name ; Spouso s eochd socurlty numbor on page 19.) 28 ! ~ - 7 1 vi8§! 38 ~ Use tho IRS Jabal. „ . -- tlnrne address buanber ,nd strono d yne boor .. I~ ~, t n, see pa9r. t .: - A,a r..' ~ Important! ~. I Otherwise, e 703 CHARLES ST 'I loaso riot It I P P _ - r and 4P code I you hue a londgn ndrlrt -s sec page 1 r town or Iwst ollire -tale Cu Ynu must antar E '~ or typo, , , y, your SriN(s) abova --- I ProsidenUal MECHANICSBURG PA 17055.6633 You Spouse EI6Cti0a Cempalgn Nola. Chucking "Yos" will not change your lax or nrclure your Ierund (Son nano 141 On vnu. nr vour seouso it lihna a tote! nnum. want 83 to un to this land? . . - ^Vas ®No ^Ves ^No ' 1 _ Singly. Fl~ing StatUS 2 _ Mari iod Illing joint mlurn (even if only ono had Income) 3 Marriod Illing soparalo return Enlnr sprntsn.'s social security no above and lull name horn. - MARY DAVEY Check only 4 I~lead of housohold (with quall(ying porsortl. (Sue payq 10.1 I(Um quallfylny person Is a child but not your dependent. j ono box. entry Ibis child's name bore. - __ ,_, 5 Qualil Inc wlcbwlor) wlUt d0 ondnnl child (oars Dose died - 1. (Son a o 19.) ^___ 6a (~ Voursell. If your paronl (or someone eL~e) can claim you as a dependent on his or her tax 1 Nn. of bones Exemptions return, do not check box 6a 1{ dweked on b ~S Dose 6a antl 6h ~ c If more than six depOndOnts, seo page 20. .~~_ Dopondonls: (1) hrsl name Lasl noon ~ (2) Dependent's serial sn:unty numbor __ (31 Dep!nilmiCS relauanslnp to yogi 111 J gm;lilying dnld for rmld tar coda seo one tot HILLARY DAVEY 164! 64 i 2832 Dau hter ^ _ -- - ^ -- - - --' ^ ^ ^- No. of your children on tic who: • Ilved with you ~._ • did rot Ilva wi01 you due to divaco a separation 0 (see pogo 20) _~ dependents on & not entered abovo -~ Add numbers enlerod on 2 d lbtal numbor of exernotlnns clalmod Ilnos abevo - . . . . . . . . . . . . . . . . . 7 salaries. tips etc. Attach 1'ornt(s) W~2 Wages 7 40 481 Income 6a , , Taxablo interest Attach Schedule A if required 8a 575 AUech Forms W2 and b 9 Tax-exompt interest. Do not includa on lino Ha Ordinary dividends. Attach Schudulo 0 i( royuired ~ L9b . 9 228 W2G hors. 10 . Taxablo relunds, credits. or elfsets or slate antl local income taxes (see page 22) 10 Also attach Form(s) 1099 R 11 Nirnony received it • II lax Was 12 F3usiness Incomo or (loss), Attach Schodule C or C-EZ .. 12 . _. wlthhbld. 13 Capital gain or poss), Attnch Schedule D if required. II n ot requimd, check hart. - ^ 13 14 OUtor gales or (lossesl. Attach form A797 14 II you did not 15a Tnlal IRA dlstributlons 15a b Taxablo amount Isco page 231 15b got n W'2, i8a total pnn5ions and annuiucs 16a _ h Taxablo amount (see page 231 16b soe pogo 21. 17 f2monl real oslale, royalties, parhtershlps, S corpora0uns , trusts, elr,. Ntac,h Scbodule F 17 E:Drloso, but do 1B Farm inconro or Ilossl~ Altnr.h Schedulo P 10 not attach, any 19 Llnnnlplnyrnont compensation ~ ~ ~ ~ ~ ~ ~ 19 paymonl, Also, l 20a S 20a octal securty bene0ls L~-~__~ b Taxatdn amowu (sr.e pogo 7. ) 206 p oaso use Form 1040-V. 21 Olhcr Incomo, List typo and amount (sec pogo 25) ..... ................................ 21 22 Add thy, amounts in the Inc tic h~ t rnlumn lnr linos 7 lhrnuc h 21. This is our total Incomo - 22 41 284 23 IRA doduction (sec pogo 27) 23 AdJusted 24 Snidenl loan Inmrost dnrnteuon (see page r~l 24 GrDSS 26 , Modinal savings accotett dnrlurt'urn. Attar.h Fenn Of153 . 25 ~- Income 26 27 Moving expenses. Attnch Irornt 3D07 One~hHll of salt ~employnltntl tax Allnr.h Srhnrlule Sf 26 27 29 29 . . SolGornployed health insurance dalur.llon (soo page 19 Selbnmploynd SFI' and yuelllLtd plans SIMF'I L ) 28_ 2fl 30 . , Penally nn early withdrawal of savings 30 / 3'la Ahntony paid b 12ecipicnt's tiSN - 31a 32 Add linos 2;1 through 31a -.! 32 __ 39 Subtract Ilan 3'7 from Ilno 27. lhls la. your adjustod Oross in conro - 33 4 28 _ For Dlsclosuro, Privacy Act, and Paperwork Reduction Act Notlco, son pogo 5fi. WWDAVF.Y:n~ N.. t rr, alt Inan 1040 ptrool Fobn 104011W01 yyfr r re~~ ur, DAVEY__ +++ t-L1 Nnuun( tram lino 33 rd u Ta)( end 35a Chrr,k IF ^ Yuu wrali~, (SSSIOd gns~~ incrnn!I 34 Crodlts or older, ~ __._ - ^ Tfhnd: ~~ Speuso was fiS or olrlnr, [J Hlu¢I Adrl the nurnhor of boxes chnckorl about. and Dolor the total horn , - 35a 0 _.._,__~ b If you are married Olinq vuprrrrlbly nett your spousa ponders deductions, or Standard You worn a duabslnlus aline, sou pnyn 31 and chor,k hero , Ooductlon 36 Enlor your Itomlzad deductions bum Schedule A, lino 2(t, or sumdard tleducU n Show~ir for Most on tiro 1e0. But see pogo 31 In lied your r~landarrl deducllon if you chnrkarl any box on Paopla Ilnd 35e or 35b or II sonmonn r.nn claim you as e dependant 36 Singh,: 37 Subbacl lion 36 from hen 3A EAA00 37 Fluid el 38 If Ilne 3A Is ~$OG,700 or Inns. multiply E2,fl00 by Om total nunrhnr ul nxongrilnns claimed on household: Ilne &I. If lino 3A iv over E90,700, son Ihrr workv!:oet on pnyo 32 for the nnanua to enter 38 _ 35,450 39 Taxable Income. Suhlnct lint. JD Imm line 37. It lino 30 i~~ erect. than lino "17, Dolor ~D~ 39 T Mottled Illinq 40 Tax (Son payo 32) Check it Bn lee is Irom a (I b r Janlly or Y C~ Fnrrn s 001A ^ Form A )72 40 Qualifying 41 Alternative nlinirnum lax. Attach (ono 6251 _.._ widow(nr}. 42 Add linos AO and A7 , ~ ~ 4Y $7,350 ; 42 ----- Married 43 Foreiyn lax cmdil. Vlach Penn 1116 11 requinrrl ~ ~ ~ ~ ~ q3 ~ ~ ~_ ~ --"- Illut9 44 Cmdil for child and dupnndom yarn expenses. Allach Farm LIA I 44 soparalnly, E3,075 45 Credit for dtn. elderly or lho rfi tabled. Altoch Schorlulo R , _46 _ 46 Education cre[lils. Athu:h Form 0053 46 47 Chilrl lax credit (sec pogo. 3G) ~ ~ ~ 47~ 49 Arloplion crorliL Allach Forrn D0:f9 ~ 46 '-' 49 Other. Chock it hem a ^ form 3000 6 [] form 0:496 e Q Penn 0001 d [f Farm (specify) ~~~_ 49 50 Add lines 43 through A9. These ern your total credits _ 51 Subtract line 50 from line A2. If line 50 Is more than lino 42, enter ~G~ ~ ~ 50 52 Snl6onlployrnent tax. Allach Scltnlulr. SE - 51 Other 5z raROS 53 Social sucurity mtd Medicare tax on tip incorno not reporlorl to ornployer. Attach Fonn 4137 53 54 Tax on 112As, other roGnmmnl plans, and MSAs. Attach Fonn 5329 it required _ 54 55 Advance Darned inoomo crodlt pnyrnenls from Form(s) W-2 , • 56 I-lousahol[I enrployrnnnt faxes. Atlarh Schedule FI ~ 55 '-- 57 Add lions 51 Ihrourlh 56. This is yarir total tax ~ ~ ~ - 56 Payments 59 frerleral incorno lax withheld Irom Forms W.2 ,rod 1090 , 56 - 57 "_' --'-~ 59 2000 n.slimaled Wx payments and nmounl applied Irom 1999 return 69 _ 4 794 gt~0ly~nq ° `' 60a Earned Income credit (EIC) '- 80a child, attach b Nontaxable earned incorno amount „ - ~____~_~ Schorlule ElC. and type -,,,,,_..,_. 61 Excess social security and FtRTA (ax withheld1 (see pogo 50) 61 62 Ad[lilional rhlld lax crorlit. Allach Porm OE 12 62 63 Amount pai[I with request Igr extnnslon to file (see pogo. 50) 63 ~-^ 84 Olhnr payments. C,hork if Irom a ~ form 2439 b ^ {'orm 4136 64 ~~~~- _ 65 Add lines 50_59,BOa, and 61 through fi4 These am your lota~~monts 85 Refund 68 II line 65 Is more than Ilne 57, subtract lion 5 %Irom line C,.5. 7his Is lhn nmounl you ovorpald 88 1 Nava h 67a Amount nl line fi5 you want relundad to you , dlfOClY - 678 doposuadl - b Roulinq nurnhor ~ _j ~'T~~~~'~t Soc pa n 50 ~-' 1--L-L_ L_I - c Typr.: [I Chnrkinq I] Savings and till In 67b, - d Account nunrbm ~~~~~~--~ 07_c., and 07d. fl8 Amount nl line 5G nu warn applied la your 2001 estimated lax - Amount I sfl _ 08 I( lino 57 Is more than lion 05, vubtrnct lino G5 from lino 57. lids Iv Iho Amount you owe. ~/ YOU OWB 1'or deudls nn haw lu pay, sro pagd 51 . __ 70 l slirnatnd lax penalty Alsc inclurln o ~ - 69 $I9 n line fig _. 70 n lL:dur pnnahns of pugmy. I der hn Ihi, I liavn [ xtm.nod Iles nnum anti arcunyurnpnq x:hudutr-s and etalennnas, and to Iho boll nl my knc Here hnhr 1 Ruyan: bun, curn;ct- and t mnplcle Uaivahon of prnpanu Q;UUrt Ilum laxpayod i'~ bnse[I on ell hdormahun nr wfunlr pmpnmr has arty lolnt mlunl.r Vour ~;ignatum Soo pogo 19. ~ 14tlu ~ Your a<.gq;aha° ~ Daytime phone nunax•r Konp a copy ---_._~,____.. Inc ypuf Spouno'~ niTp:nhuu II b loud rtllunr. loth must sign rargr[Is. Paid nmpamrs ' Pro •ngnrtr_no pacer's ___ __ V trot's narn° for PA41 D, Use Only Yours J snlLernplnyad) 1 - ~.Afch, Nota~ l rtlrr Spouse's acrupali°n May the IRS alzniss Ihis ralmu wiwitb: l! shmvn hnlow Iw!n Rage 521? rdJ Yaa C Uatr' harpoon's SSN nr pTIN (:her.k it _.._._.. _. 02/21/200'1 sallnnauavnn 11 anenn~nn~ frxm 101012000) Z PLEASE DONOT USEYOUR LAF3EL 0000114579 PA-QO 2~ PAGE 1 QF 2 .175-40-5695 UA 186-38-7261 EX n RS R DAVEY WTLLIAM W A 0 FS M FY n 703 CHARLES ST SC 21650 MECHANICSHURG PA 17055 PM - > 1A 33455.00 18 •nn 1C 33455.00 2 57.5•UO 3 228.00 4 •00 5 10164.00 6 •QO 7 •00 8 •nn 9 44422.00 10 10164.00 11 34258.00 12 959.00 PLEASE FOLD PAGE ALONG THIS LINE Local Inlormallon. Enter vAtvo you livexl :n oI12131l00 school District: Mechanicsburg A Schocl Codn~. 21650 County. CUMBERLAND Municipality: MECHANICSBURG Residency Status. R X Resident N Nonresident p Part-Year Residonl From: _ _.l _... /___ To: __..l __.l___ Exlonslon Amondod Rolurn Fiscal Vear Filers, Typo Filer S J M X F D Date of death __._.1_. .a___. ta. Gross Compensation, from PA Schedulo W-2S, or your Forms W-2, or other statomonts. .. ..... ia. 1b. Unroimbursed Employed Business Exponsos, Irom PA Schedule UE. ............ . . . ... ib. 1c. Net Componsallon. Subtmcl Llne 1b from Line 1a . ................... . .......... ..... tc. 2. Interest Income. Complete and oncloso PA Schedule A, if Door $2,500. ..... . . . .... . .... 2. 3, Dividend Incomo. Complete and oncloso PA Schodula B, if over $2,500. .......... . : . .. 3. 4. Nel Incomo or Loss Irom the Operation of Business, Profosslon, or Farm. ........ .. . . . . 4. 5. Nat Galn or Loss Irom Iho Salo, Exchange, or Disposition of Progeny .. . ...:..... .. .... 5. 0. Net Incomo or loss from Rents, Royalties, Patents, or Copyrights. .. . . . ...... . . . . . . . ...5. 7. Estaln or Trust Income. Comploto and oncloso PA Schedulo J . . . . .......... . . .....: ..... 7• 0. Gambling and Lodary Winnings. .. ~ ........... .... ......... . ........ .. . . . ......0. 2 Total PATaxablo Incomo. Ackl drily Ure {boiUva irxxxrx: anxxrncs hrxn Lines 1c, 2, 9, 4, 5, 8, 7 and S. DO NOT ADD any losses rnporlad on Linos 4, 5, or 0, .................. . ...... ...... 0. 10 . Contrlbutlons To Your Modlcal 9avingsAccount. Son the instructions . ........... . . . .....10 ti. Adpratod PA Taxable Incomo. Subtract Lino 10 Irom Lino g ..... ...... ~ .... ....... . .. 11 12. PATax Liatalllly Multiply Llna it by 2.8% (0.028)Alao Dolor on Llno 19, 9ido 2. .......... 12. 91do t EC_ _ arrictnL1~useaTTar.r~~ F'C l,. p000114579 ~J L~ I I IJ m Single Mauled, Filing Jointly Married, Filing Separately Final Rolurn Deceased 33,465 _ 13.455 575 _ 10.184 ___ aa,aaz _ 10,104 ____ 3a.a55 R 0000114579 0000214577 PA-40 ~ PAGE20F2 DAVEY WILLIAM W 175-40-5695 13 9.59.00 ]14 1133.00 15 .00 16 •00 17 .00 18 •OU 19 •00 20A CJ1 208 DO 2l, .00 22 •00 23 •00 24 , DO 2.S . 00 26 .00 27 •00 28 1133.00 29 •00 30 174.00 31 174.00 32 .p0 33 .00 34 •00 35 .00 36 .00 37 •00 '13. PA Tax Liability. En(or your lax liability from Llno 12 on Sid¢ 1 . ... . . . . . . .... , , 13. - 959 14. Total PA Tax Withheld, Irom PA Schedulo W-2S, or your Fornls W-2, or olh¢r slalomonls. ....... 14. ~ _._ 1,133 15. Crodit from your 1099 PA Incorne Tax Roturn. ..... .. .. 15. , i6. 2000 Esllmalerl Inslallmonl Paymonts .............. 'I6. 17. 2000 Extonslon Payment. ......... .. ~ ....... ... .. 17, _ _ 16, fJonresldent Tax Withheld on your PA Srhorlulo(s) NRK-1... , 18. 19. Total Estimated Paymonts and Crodlts. Arid Lines 15, 10, 17, and i6... , , .............. 19. Tax Forgiveness Crodit. Complete lines 20a, 206, 21, and 22. Read Instructions. 20a. Filing Status: X Unmarrlod or Sopareted Marriod Docaasod 20a 20b.Dependonls,Pan B, Line 2 PA Schedule SP . 1 .................................................. 21. Total Eligibility Income Irom Pnrl C, Lin¢ 11, PA Schodulo SP .... ....... . . . . . . . . . . . . . 20b 21. g 22. Tax Forgiveness Crodit Irom Part D, Lino 10, PA Schodule SP. ....... , , , , , , , ,, , , , , , 22. 23. Total Credit for Taxes Paid to Olhsr Stetos or Countries. Encloso your PA Srhorlulo G or RK~ 1.... _ 23. 24. PA Employment Incenliv¢ Paymonts Cr¢rlil. F:nolos¢ your PA Schodule W, RK-1 or NRK-1....... _ 24, ~ _ 25. PA Jobs Creation Tax Godit, Irom onclos¢rl certificate or PA Schedulo RK-1 or NRK-1......... , 25, _ 26. PA Waste The Recycling Investm¢nt Tax Credit, Irom encbsod conifrate or PA Schodulo RK-1 or NRK-1. . _ 26. ~ 27. PA Research and Development Tax Cradil, from oncbsed certifcalo a PA Schodulo RK-1 or NRK-1. .... 27. _ TAL PAYMENTS and CREDITS. Adrl Linos 14, 19, and 22 Ihrough 21 .................... 26. _._ 1.133 29. TAX DUE. II Line 13 is moro Than Llne 28, eNOr the rlifloronc¢ hem ...... ... . . ............ 29 _ 30. OVERPAYMENT. II Lino 20 is moro Than Line 13, enter Ih¢ rlillorenco hero . .. ...... ....... , 30. _~ _ ~Z'} 31. Rotund -- Amount of Lin¢ 30 you want as a check mallort to you . ........ . . . . . RelUlld 31. __ ___ 174 32. Credit -• Amount of Lino 30 you want as n cr¢dit to your 2001 ostimaterl tax account... , ....... 32. 33. Donation •-Amount o! Lino 30 you want to rlonalo to Iha Wlld Resource Conservation Fund. _ 33. a 34. Donation --Amount of Llno 30 you want to donato to Rio U. S. Olympic Committee, PA Division. 34. _ _ ~~ 35. Donation •• Amount of Lino 30 you want In rlonalo to Ih¢ Organ Donor Awaronoea Trust Fund . , 35, 36. Donation -Amount of Lino 30 ynu want to donato to the KoronNlotnam Memorial Ino. ..... 36. _ 37. Donation --Amount of Lln¢ 30 you want Io donate to Iho Breast and Cervical Canror Fund .... _ 3f _ _ Tho total of Linos 31 through 37 moat equal Llne 30. ' Ider Panellise of nerlurv, I Iwol declarN mNl I rural 1..,.., ....-:.,.,. -_...._ ,_ _...., .. -_... L.~ 00002.14577 ~ ~ ~ 0000214577 RFAV'.Ib Nnl rA.1. MNxn VttNI IH:RNIp INlll I ekl NNKFFN Yr1U R r. Sldo 2 n~~ C~~uaCan• C.x~, ~i~~c~a~t- ATTORNI:Y AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737.1956 Pax (717) 7615319 December 4, 2000 Philip H. Spare, Esq.. 44 West Main Street Mechanicsburg, PA 17055 Re: Davey v. Davey Dear Philip: Cc;O[~1;' This is a follow up to our phone conversation last week when we discussed completing the divorce, settling the economic claims, the upcoming Hearing and the remaining personal property to be divided, Regarding bifurcating or completing the divorce and preserving the issues, Mr. Davey is not willing to do that. His position is that he is currently storing much of Mary's property in the marital home, and as such, he would only complete the divorce if there is an agreement that Mary would pay him $100 per month storage fees from the date of separation. I realize that based on Mary's position in the past she will probably reject this offer, but if she is willing to pay him storage fees from the date of separation he will conclude the divorce, otherwise we will proceed accordingly with the continued Master's Hearing, Secondly is the upcoming Hearing, specifically the equities that were transferred into a tnoney market account. I am still waiting on the QDRO. I realize that the QDRO is somewhat premature since the divorce is not yet finalized, but if we could move accordingly, we could complete the economic issues as soon as possible. The $7,200.00, which you alleged in your Petition, was transferred. Mr, Davey indicates to me that in the nine months that he had the property in his possession it earned an annual rate of 2.09%. I have calculated that the total interest earned for the nine months that he possessed the property was approximately $112,86 before taxes. Mr. Davey is currently in ttte 28% tax bracket so the net affect is that there is $81.26 in interest. I am enclosing a copy of disbursements made on behalf of Hillary for her college search trips. The total result is that there is an approximate $200,00 in application fees and expense for travel to Philadelphia. Please review these documents with Mary and let me know how she is anticipating paying her share of these joint costs, My recommendation is that the interest is an equal wash to the expenses already incurred. Philip H, Spare, Esq, December 4, 2000 Page 2 However, if Mary chooses to litigate that issue we will be prepared to offer testimony as to expenditures on behalf' of Hillary. The next issue is the Deed to the house and the letter that I requested last week, It is my recollection that you indicated that you were gong to prepare the Deed transferring ownership from Bill and Mary to Bill alone. Please conFirrn whether or not you will do that and if Mary is prepares! to settle the Deed issue to the marital home, Sincerely, Austin F, Grogan, Es , AFG/rr Enclosures Ce. William Davey Incurred Preparatory CoIIcQc Expenses: - 25 Oct 2000 College Application Fees - Clemson University $40,00 - Roger Williams Univ, $35.00 - 8 Nov 2000 Collage Visit: Philadelphia University - Book store $36.95 - Food $ 9,1 S - Tolls $ 735 - Gras $17,00 30 Nov 2000 College Application Fees - Va Tech University $25.00 - Penn State Univ. $50,00 ,'~ " ~ ~ ~ R: PENNSYLVANIA 1VRNPIK.@; COM1U111SSION ~~~ ~ rl., ~•~~ OFFTCIAL FARE RRCRIPf 10 DAY TIME ENT EXT COLT TRANS CL9 FARE PAID TPUO ' F0LD 11lRn TP . T`/PE OF PAYMENT CODfi UO. UNUSUAL OCCURR[NCE L'CUE ' P . CASN C, CHARD[ l ~, LOST TICKET ~ U. U=TURN . FARE COLLECTOR WILL NOT ISSUG AN ALTEFlED RECEIPT P ~ - , , NSUFFICIEPIT FUMOS - , THIS RECEIPT 19 ~ UNLESS MAChIINE STAMPED. N . NO FlEAU ' THIS FlECEIPT MUST EE INCLUDED WITH PTC FORM 95-11 E . E%CES9 TIME M. MINIMUM TIME _ 1 CUSTOMER'S CLAIM REPORT, TOR VALIDITY Of C,IAIM. A . NO READ (FULL FARE) . ,' ~ - 1 - ~' I ' R RECLASS ' '. ' ' ~, ~ - YLsll OAT NEtlslt! AI Warv,pAILLC0pIISe.C01R .. _...... .. _. _.._ Lme as cT~~:~'I-`~'.?.`."?'.~9 PGNNSYLYAA7A '1'IJRNFII~COhL~IISSION t~ ' ~ ~.._y, ohtTCLU, eARe RRCEII'T tic - ' ENT EXT COLL TR R!°wroac DAY TIME A NS CLS FARE PAID TPUO { A I n , '1 ' ~ ~ J. u J~ i I z.l } .jr T,f' . r I 144'^ ' ar ~ 1 FOLe NINn „ , .J ~ p ~ :,. ~,, r ~ ~ TP a TYPL' OF PAYMENT CODE l>o a UNUSUAL OCCURRENCE CODE ., .. P „ CASH L = LOST TICKET ' ~ Cn CHAROE U. U-TURN - I _ - FARE COLLECTOR WILL NOT ISSUE AN ALTERED RECEIPT, %= ERROR P . INSUFFICIENT FUNDS " THIS RECEIPT IS V 414 UNLESS MACHINE STAMPED. N + NO FlEAD ' . E . EXCESS TIME THIS RECEIPT MUST EE INCLUDED WITH PTC FORM 95-11, M . MINIMUM TIh1E CUSTOMER'S CLAIM REPORT, FOR VALIDITY OF CLAIM. A+ NO READ (FULL FARE) ',. R . FlECLA39 YIlII oor wnbslte at www,paturnplke.com Lma as .,. r ,. m I I 1 ~ I .4, 11 ''rj I..fl ii 1, ~t.,~~11L ' .~y i ' ~: It .,~.,. ,, I '1r1f 1 ~I {~! 11 ~ ~~' i ~r~Jllri~ii ~~ ''p 4A~.,'. I , b' , ~ 1 .~ ,, FHILA U FALL TEXT FiETURNC WITH Fi'ECEIFT 'TIL SEFT.16 OTHE,4 kETURN~ IN ~ WEEKS CLGTHLVG 3,95 TAX DUE ,00 TOTAL .ie.95 CASH rEND ao.oa CHANGE DUE .i.05 11'0°'00 ~~ SIJhIQCQ 1i137o5 PUTNE`r'"^a '3UFIUCU 41;~ EasT rlAlrf ~ MECH-BURG PA 17055 ~, 1<.19F' L1;? C50004 11~1G:~aG laasa PUP1P 31 IJML REG . ,. CALLOhIS 11.340 ~ @ t 1.433 ; GAL. •.,~ „ i ,',' ~ ,~~ .7 ~ ~ ~ .- a +' '~ FUEL 517 00 „ ~ii q ~ .,•; ,~ y~~~, i.' .s ri _...`e a ,. _. .,... , hJr/ { .!-., i~~~ ~„~G~ai ' ' . ; .: . I ' ' 4 ,i: , TOTAL 317.00 , ! CASFI 320.00 i 1'L'hIGTAiti 517.00 St3ARRQ ~++ Plymouth +*+ TAY<; PC1 sp.OU CHANr,E 33.OG I CHEESE SLICE 2 09 j RECEIPT hIU. i••13GG i CHEESE SLICE 2 09 ` , , ~, ' ~, ,.,, ; ;;:: , 1 PEPPERONI SLICE 2,59 ;' :. THahIF: rau :°•' I MEDIUM SODA 1 19 , .. ,. 1 MEDIUM SODA , 1.19 PLEASE curnE AGalra. SUB i01'AL ' 9 15 I TAX , TOTAL 0:55. CASH iENOERED 9 . 7Q ' • CHANGE 20,00 i 10,30 010015y437 it/08/2000 12;58;11 _ •~ 00833 REG;001 CSHR; 20 , Cashiar -JOSEPH A, ~s~ TNANK YOU. . ess - • ". ~ • . ii ' WILLIAM W, DAVEY Leo ~r~a19 706 `' zJ w ~ I 70.7 CHARLES Si, PN. 797.7000190 IOUM111U MECHANIC90UR0, PA 1705000:19 G~ ~~/y~_ / ..1t!_ Neu~~sea li ~ did4rofKl~.tL~ ~n~ct~~rc,..Q~,...~t.~~e.~i~iln-r --1 $ 3S~,uu d -~----~ pU r9ry~,, ~FIARRIS ~ SAVINGS E1ANK ~n~~ ~ (~14nYWp,M I:23t,3i'23871:180002G143i1' F 0706 WILLIAM W, DAVEY 703 CHAflLES ST, PN. 71 P708~8190 MECHANICSBUflO, PA 170500&73 a;~e ~ ~~ 707 100001410.7 94~iKi~~p C~(7 ~~~ 1:2313723$?1:1800024L4~311' 0707 _~ I .,, ~ ~I 1 ~,- ',' ,,. I`' ~~' WILL1gM W. DgVBY saga ""°•~, 7p7 CHAHIES ST. PH, 717.78681 A8 2JIJ 18 .?~G, 6 B 7 MECHANICSdUFQ, PA 17~q.6879 1200a't!~•q r~: ~~_~o .`mac ~:le_„x,.y~,~_-~; ^)l s`~v~ucs~avK" ~:2313723871:1800024i43u' '° 068 7" -'-' ~~' - ~ _. WILLIAM W, DAYEY """~-..~"""'~-~.~ 7A1 CHgpLES ST. PM IY 7.788-81J8 ~~~ .UECNANICSBUR(3, PA, 171>~~~ ~7Wa21N8 ~ 6 Q 8 f ~d^-r ~~~ ~~4 ''x'313?2387r ` --- .18000 2414 3u' T`~-~_. 0688 '-= MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this I ~ day of ~ , 2001, upon consideration of the attached Petition it is hereby Ordered that a Hearing be held on ~ 3 2001 at ~~?,~,~Aa'vI/PM in Courtroom # ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT C J. ~g~~ b I G ~}~'~i'1~~,~~1 ~~d 4 / ~ MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE TO: THE HONORABLE JUDGE EDGAR B. BAYLEY PETITION TO ENFORCE THE MARRIAGE SETTLEMENT AGREEMENT IN THE FORM OF A RULE TO SHOW CAUSE AND NOW, this~~ day of August 2001, the Defendant, William Davey, by and through is Attorney, Austin F. Grogan, Esq., avers the following: 1. The parties entered into a comprehensive Marriage Settlement Agreement on October 12, 2000, which is incorporated by reference as "Exhibit A" ; 2. Paragraph 12 of the aforementioned Marriage Settlement Agreement identifies monies set aside for the parties' 18 year old daughter, Hillary Davey, to be used for her college needs; 3. Subsequent to the Marriage Settlement Agreement, the money was segregated into joint accounts in the names of Mary and William Davey with the current balance of approximately $6, 300.00; 4. On or about March 22, 2001 this Honorable Court directed that the money segregated for the benefit of Hillary Davey be used for her college billings as generated by the university for the daughter's attendance (Order attached as "Exhibit B"); 5. The daughter is currently enrolled in Roger Williams University and has current expenses in the form of tuition payment and necessary supplies for school; 6. The defendant provided a list of supplies needed for the parties' daughter to attend Rodgers Williams University, (copy of list attached as "Exhibit C"); 7 . The defendant paid approximately $1, 800.00 of his own funds for tuition for the parties' daughter and continues to incur expenses to prepare the daughter for her college career; 8. On or about July 18, 2001 counsel for the plaintiff, Mary Davey, indicated that they would not pay for the miscellaneous expenses for the daughter, (letter attached as "Exhibit D"); 9. Subsequent to the July 18, 2001 letter the defendant forwarded deposit slips to the plaintiff to withdraw the $6,315.00 to pay for the daughter's tuition and expenses; 10. The plaintiff refuses to use the money as agreed upon for the daughter's college expenses. 11. The defendant continues to incur legal fees and costs associated with enforcing this agreement, 12. The defendant has retained the offices of Austin F. Grogan to defend and seek remedies to plaintiff's refusal to cooperate in liquidating the funds. WHEREFORE, the defendant respectfully requests this Honorable Court to schedule a Hearing and direct that the money in the joint account be liquidated to reimburse the defendant for his out-of-pocket expenses and to buy the necessary school supplies for the parties minor child and award reasonable attorney's fees to enforce the Marriage Settlement Agreement. Date ~~~ ~r Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, Pennsylvania 17011 (717) 737-1956 Attorney for Defendant ID #59020 • MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 98 - 272 CIVIL WILLIAM W. DAVEY, Defendant IN DIVORCE THE MASTER: Today is Thursday, October 12, 2000. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Mary M. Davey, and her counsel Philip H. Spare, and the Defendant, William W. Davey, and his counsel Austin F. Grogan. This action was commenced by the filing of a divorce complaint on January 20, 1998. The complaint raised grounds for divorce of irretrievable breakdown of the marriage. Counsel have provided the Master with signed affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master will file the affidavits and waivers along with an affidavit of service which was given to the Master by Mr. Spare. These documents will be filed with the Prothonotary. The complaint also raised the economic claim of equitable distribution. No claims have been raised for alimony or counsel fees and expenses. k ~~ ¢~ " .t,: ~ , i i... r • ~ • The parties were married on June 20, 1970, and separated October 25, 1997. They are the natural parents of one child, Hillary T. Davey, born April 6, 1983, who is in the custody of the husband. The Master has been advised that after considerable negotiations this morning the parties have reached an agreement with respect to the equitable distribution claim raised in the complaint. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and given to counsel to review for typographical errors. After any corrections of typographical errors have been made, the parties and counsel will be asked to sign the agreement affirming the terms of settlement as placed on the record. It is noted, however, that even though there is no signature by the parties and counsel, the agreement as stated on the record will be considered binding on the parties when they leave the hearing room today. After the agreement has been returned to the Master, the Master will file an order with the Court requesting the Court to vacate his appointment. Counsel will Exhibit A (Page 2 of 8) • • then be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Spare. MR. SPARE: The parties have agreed as follows: 1. The marital home with an address of 703 Charles Street, Mechanicsburg, Pennsylvania, has a value of $141,000.00. There is a remaining balance on the mortgage as a lien against the marital home in the amount of $4,940.00 as of October 11, 2000. 2. Mary Davey's retirement benefit from her former employer, Pennsylvania Blue Shield has a present value of $8,971.07. 3. William Davey's retirement benefit from the federal government as his employer has a present value of $31,159.00. 4. There are two automobiles that were marital property, a 1990 Oldsmobile Cutlass with an agreed to value of $1,000.00, that would be in the custody of Mary Davey, and a 1980 Audi 5000 with a value of $1,000.00 that is in William Davey's custody. 5. The parties had several Harris Savings account at the time of separation, one checking account, No. 1800008179 with value of $4,862.04. Mary Davey kept custody of that account. 6. There was a Saver's Advantage account, No. 1860000991 which was split equally at the time of separatian. Both parties received $15,483.00. 7. There was a checking account at Harris that William kept custody of, account No. 11900019838 with a balance of $970.00 at the time of separation. 8. William also kept a Harris Savings account, No. 11860006303 with a balance of $2,880.51 at the time of separation. 9. The parties have numerous accounts held with the investment firm of Oppenheimer as follows: There is an IRA held in Mary's name only, account No. 700703597627* The account value as of October 11, 2000, in that account was $13,219.45. The parties have stipulated that Exhibit A (Page 3 of 8) • t Mary made three separate post-separation contributions to her IRA in the amount of $2,000.00 each for a total of post-separation contribution of $6,000.00 resulting in the net marital value of the previously stated IRA account at $7,219.45. There is an Oppenheimer account, No. 7007003423409 which is an IRA held in the name of William Davey with a value of $7,132.51 as of October 11, 2000. There is another Oppenheimer account held as an IRA in the name of William Davey, account No. 7017010728794 with a value of $38,958.63 as of October 11, 2000. There is an IRA held in account No. 4214210691966 with October 11, 2000. the name of William Davey, a value of $41,492.22 as of There is a jointly owned mutual fund account, No. 3313310560450 in the name of William Davey and Mary Davey, joint tenants with right of survivorship in the amount of $7,736.21 as of October 11, 2000. There is an Oppenheimer account in joint names with William Davey and Mary Davey as joint tenants with right of survivorship, account No. 2712710074910 with a value of $8,089.69 as of October 11, 2000. There is a mutual fund in the name o.f William Davey and Mary Davey as joint tenants with right of survivorship, account No. 7017010826045 with an account balance of $6,622.59 as of October 11, 2000. 10. The parties recognize that during the marriage they accumulated funds which they intended to set aside for the college education of their daughter Hillary. Those funds have been placed in Oppenheimer fund accounts in the name of William Davey as custodian for Hillary under the Uniformed Transfers to Minors Act, account No. 5015010133628 with a value of $7,611.88 as of October 11, 2000. The second account, also held under the Uniformed Transfers to Minors Act with William Davey as custodian for Hillary, account No. 7017010826397 has a value of $8,933.14. 11. The parties stipulate that Mary Davey is entitled to a credit for the rental value of the marital home from the time of November 1997 through October 2000 in the net amount of $5,000.00. 12. The parties recognize that during the marriage they Exhibit A (Page 4 of 8) • - • • accumulated funds in a certificate of deposit held with Fulton Bank with a face amount value of $4,300.00 that accumulated $4,386.00 worth of interest up until the time it was cashed by Hillary in early 2000. Those funds have been spent in part by Hillary in the amount of approximately $1,400.00 which results in an account balance of approximately $7,200.00 plus any interest accrued since the time of deposit into an account in the name of William Davey. The parties agree that that account will be transferred from William Davey's name only to an account titled as William Davey and Mary Davey and those funds will be used upon agreement of the parties for the benefit of Hillary. 13. This agreement does not take into account the value of personal property which will be the subject of further negotiations later today. 14. Based upon the foregoing marital assets that have been described, the parties have agreed as follows: Mary Davey has received the Harris Savings account in the amount of $4,862.04; William Davey has received the Harris Savings account in the amount of $970.00; William Davey has received the Harris Savings account in the amount of $2,680.00; William Davey will retain his pension with a present value of $31,159.00; William Davey will be awarded the marital home subject to the lien of mortgage that was described previously; Mary Davey will receive the present value of her pension benefits from her former employment, Pennsylvania Blue Shield; • Mary Davey will receive all of the IRAs in the Oppenheimer accounts that were described previously; Mary Davey will receive all of the accounts held in Oppenheimer funds that were described as mutual funds owned as joint tenants with right of survivorship. 15. There will be a $25,000.00 cash payment made from William Davey to Mary Davey, as part of this agreement. That payment shall be made upon William Davey obtaining the cash, most probably through refinancing of the marital home. The Exhibit A (Page 5 of 8) • • deed to the marital home will pass to William from Mary at the time of the refinancing or payment of the $25,000.00 cash payment. We stipulate that William Davey will have sixty (60) days from today's date to accomplish the refinancing necessary to make the $25,000.00 payment to Mary Davey. If the refinancing or the payment does not occur within sixty (60) days from today's date, we will all agree to come back before the Master as soon as possible to iron out any details that might need to be addressed at that time. THE MASTER: The Master will not vacate his appointment until he has been notified by counsel that the financing has been accomplished, the deed delivered, and the payment of money made to wife. MR. GROGAN: 16. Mary Davey is aware of the fact that she is waiving her interest in William Davey's military pension and will sign the necessary paperwork to waive her interest in the military pension benefits. 17. Except as herein otherwise provided,.: each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SPARE: Mary, were you present as we spoke here today on the record regarding the existence and distribution of marital property? Exhibit A (Page 6 of 8) ` ~ . a ~ • MS. DAVEY: Yes. MR. SPARE: Do you have any objections to either the descriptions of the marital property or the distribution thereof as described today on the record? MS. DAVEY: No. MR. SPARE: Is there anything that you would like to add to the record at this time? MS. DAVEY: No. MR. GROGAN: Bill, were you present during the making of this stipulation on the record? MR. DAVEY: Yes, sir. MR. GROGAN: Did you listen to everything? MR. DAVEY: Yes, sir. MR. GROGAN: Do you understand what you are agreeing to do by this agreement? MR. DAVEY: Yes, sir. MR. GROGAN: Do you have any questions about it? MR. DAVEY: No, sir. MR. GROGAN: Do you have any questions about the retirement benefits that you want to raise regarding your military retirement? MR. DAVEY: I think we covered those. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of Exhibit A (Page 7 of 8) • • settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: S /d r~ 00 hil p H. Spare Attorney for Plaintiff C;~ Austin F. G,~ogari Attorney for De endant ~ ~~l ~ . Mary M Davey / ~C / William W. Dave.y~ ~. * AT TIME OF SEPARATION, THE IRA HELD IN MARY'S NAME WITH OPPENHEIMER WAS 700703597627. SINCE SEPARATION, THE ACCOUNT NUMBER HAS BEEN CHANGED TO 7007008067928. Exhibit A (Page 8 of 8) • r MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WILLIAM W. DAVEY, Defendant N0. 98-0272 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of March, 2001, this matter having come before the Court on a petition to enforce a marital settlement agreement, IT IS ORDERED: 1. Mary M. Davey shall be financially responsible for any capital gains tax consequences as a result of the redemption of three mutual funds as set forth in the petition. 2. It has been determined that the parties' daughter, Hillary Davey, will be matriculating at Philadelphia University.... It is ordered that as billings are generated by the university for the daughter's attendance, they shall be paid from the joint account held by the parties for the benefit of their daughter, and continued to be paid until those funds are expended for that purpose. 3. The petition of husband for counsel fees is denied. By the C Edgar B . Bayley, \~. Philip H. Spare,- Esquire -For Plaintiff Austin F. Grogan, Esquire For Defendant Sheri f f MAR 2 ~ 2001 prs T--°---- t -- - --•--...._--- ~.-fi7-851-863 Items need for School: - palling C,ab~inet T+~oi Box - Pa~sllel Rs11t - Viazyt Bnnid C`avear "Bti-rco'' - A.cryti:c Triangles 'tit3' 4 - Architect Stelae - 1 S' Alum cc~a3G backed lit - GLuie Gina sue. Gfi~rs sdcks - X Acm ~ffe aad pack of 100 ~~wdes -1~ubb~ Cem~ott - Lead Holders t2) - Leauis: 1 Daz ~ k',H, ZH - Lead Poinua `~Castell 42" - AraPa~og Bz~ - Tape Mts9me - Bxssers Box of 10 - 8rasing Shield - Circle TeAnplates - Tecb.1 Pea Set {Special Set of'7~ - TiacinS Paper - sik~t Paocils - 2 Sets Mu1t:i Color 1bs - lmcolor Pe~il3et At+ch Adj Lamp - Cutting Mat - Raised ~hr~timg Gear ~~~~ ~~w~c~ ~ G~~ Total- 965.4D CN~er Items A~rdrdy PurtLtsed: - CvmCSe Rtiots . BathTowets Matrbs Pad,1)ti Board, Pillo~r, Ii~ia liraoa ~e~ H~~ 154.0 75.40 x.08 50.00 Zt}_UO 5.40 15.40 20.Q0 5.00 10.48 25.00 10.44 5.40 5.04 ZS,00 10.00 5.1}8 10,40 100.00 20.40 10.44 3U.00 120.00 .50.00 50.40 9Q.00 PA 3~ 08 17.41.00 ~~ 1+`~-.~ ~~at;~~~ Toaai: 135.00 31.~d~~~ W SU • 4a ~t~t~ - u ~ "r ~ ~ ~ r.~ ri~.c~,i„ ~ ~ a~. . -~ i rn+~,r.~ ~ 't`~~ fi 1'r+ ~ ~ ~#s• r~,e. ~ ;~ C~.~ja ~t„''~ ~` ,r 08,{01/2001 09:03 1-~17-861-8623 Ha PAAh#fa F'AGE 0A~ R~~~R 1MLL/A~M~ UN/VE~SJ7'1~ SCH[]C3t OF ARCHIT,EC7"UI~E, Af~T, AN~b H1ST~JRIC PRES,ERVATI~lV ARCNITECTtJRf aPRUG14AJi~ ~ t!/PJI~IFAIT LIST {cr~nfinues ar the ,beck cif #!ae sheen Toe farlow~Wg equip~eW! wilt be Weeder! in pt~eparsti4-'i for ~4tch '!7~ - Archft+scfural Design Core S~uc#o. Paral[ei le: ~ minimum length for Architecture Majors. 24° minimum for pr~chitecture Mlndrs. Vin F3aard Over such as Borco A~s thie is an expensnr+e item, /krchitecture Minors may use cardboard such as `c ipiaoard" of similar, ~e advised: however. that this may need t~ to occasionally replaced. The parade! rule end the protective cQuerir-g can be fssten~ed to a dreftir~ table, which is provided far your exclusive use In th€ studio and can be removed at ~e end of the semester. You may choose to fasten the rule and protective covering to your own board (plywood, hollow core door etc) dr pwchase a poi'ldi~le draitinci turd t railel tul~:~ such as tt#e NI>~ylirr~. Student araEwing Ki#, a~" X 3~" (available at Gharrette Stones) for Architecture Minors. AcrXlic triangt~: 301 +;U degree -1~ " 45 degree -= S" Adjustable - fi ° sod ! ~r 12 " most useful} cafes: Architect's and ~nginacr's Riles: 12" or t 8" cork-backed steel rule . Glue: V11f'rite gl~#e ('Bobo", "Elrners"), arxs an electric glue gun with glue sticks . fives: "X-Acto" knife wltFt # 11 or # i8 blades. Keep in mind that model making will r~uire many blades Rub~ier Conant Lead Hnkiars: Two minirnurrr~ Leads: Clete dozen F, I'-1, send 2H Le~+d PQintar: "Castel! ~2" ~ieaat. expensiv$ one that works well) tJraftin~ gush Tam ~ileas~tre: B' t3" minimum ~~3~~.~rP%'. N ~: r_':? 1-r1 ~-351-3625` HG! PRANG E;_ Whi#~e "Staedtler Mars Plastic", kneaded era~r F,inc~ i Id Crattin~ Tsa±s ar Taoe Dots Circle Templates: "Trmely" T-89 Sm~l iriarement c~rdes, R-4~4t) `Rapidesign" large cirdes PAGE 05 Technical Pen Set S pant pen set ("Castel)". "Rapidograph'. "Mars") t?~f0. 00, 0. 1.2 ~1~ poiryts. F~IOTE~ Shop around on this bn+e -s+~meone rs always offing a big discount Qn these. Ink far Technical Pena Traci P,~~r+ YefEow or whiff. 7 2": '14", and ~4" rods Sketcfibvok Slcetphirrg P~anciia Felt Ti,~ Markers: Black aid rod 4or coi+ars may also f~ needed, fine and me~[i~um points Colored Panci~s: "Prismacolor"' Cw'neca: 35 mm (Recornmen~led but not required) Cutting Mat or Gutdna Board: This fs #a protect your cutting surtacae. Since this is an expensive investment, artifnary'chip board" may be a substi#ute (8e advfseei, htaweVer, the in this case rnor~e blades wt~l be needed as chip board i$ a lot more resistant and holder on the knives ~4rchltact'$ adlus'M6le Lamp (do not forg®t the Light Butts) E.oc&abj• S#oraoe: with chain and lock to fasten to d~k Tfta ~~AHP Bul7ding i~ open at all tii»es. Your ma~ials era relatively safe at your desk. However, there aro ocrasAOnal problems with borrowing" rnatet7a/s anti formatting to refurn them to the rigtrtfe! orvrter. students usualljr pur+chese lockable toot chests or Craftsman chaste that i~hey chain to their desks and t» w+ltich they story alt of their own. equlpmar~t and books. This is an advisable idea. When yrou move into your room, ~~re your cardtipar~I boxes ant flatten them. Thar will come in handy fear the rrrany study models that you will build. . In adarition to the above, you rviM be required to purchase mode!-building supplies such as brasswaod. 4atsarraoc~ S~hmora boat matboarats, colored paper and cardboard as necessartr for the r~mpletron of doss assignments. RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE • • SNELBAKER, BRENNEMAN ~3 SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 July 18, 2001 Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 Re: Davey vs. Davey Joint Account for the Benefit of Hillary Dear Austin: P. O. BOX 318 FACSIMILE pV) 697-768! My client was recently provided with a savings withdrawal slip from the joint account held for the benefit of Hillary at Waypoint Bank. She was being asked to sign the withdrawal slip for $1,385.00 for miscellaneous supplies and expenses for Hillary. The March 22, 2001 Order of Court issued by Judge Bayley addressed the issue of how the joint account held by the parties for the benefit of Hillary would be spent. It was ordered that as billings were generated by the University (Philadelphia University at the time -but we believe the Order would be equally applicable to Roger Williams University), "they shall be paid from the joint account ...." We believe it is clear that the joint account should be used to pay tuition and not miscellaneous expenses. TVIy client will execute the paperwork necessary to spend the joint account funds for tuition. Very truly yours, Philip H. Spare PHS:jjc cc: Mary M. Davey p u i fl n JUL 2 0 20 1 ~.. , ,-- -- , . ` i c- ~ :~ ~- ~. -- y ~r ~ »~ Y- tJ CJ ~ -C: ;' ~t~, is ;,' i''~L: ~~'a=. ~, •: ~f ~~'r r~ •,.t }4 :~~~~~ r 1.'f- ~'. f~~u ' ' ' ""' i ~ ~,, H ~ ~.. ~. ~ ~ ~ aH ~ y r ` ~ ~ c ~ o~ ~ r t~. ~ ~ N ~ ~ d ~ ~ ~ ""3i*:: ~ ~, w CJ ~ ~ i I': r E , , ~y ~ ~ y Y. ' ~ ~ +y ti - r. ~ rA ~~ ~ f.+. . Gt T is M -1 M 1'i'' ~~ ; .Y- . k;~, _ a ;; ,Y . f ~:~.i~! ~ t j ~ w t ~ a ~ "r. ,.~"' ^---'~ .. .m ~^1 ~ pp _ 4r# F .. ~ j~~ 3: SS ~. l :e :J . - , ~ w a-v~r ! ~ ~ a ~!1- 6 5 2 ]OS C7Wit,ES R M ; ~~ ~ ~o~tt~ ~t_lti:Zt a.~.c "~K:ve n~ ,~ '1 /t s /, f~7. Y'v .. F-~ MlaA...~ '^ SZ ..~ s -- ~,., o~- 87266.400 t1 4623 4793 - ~ SAV1l~G9 BlL1VK ~r.~w- ~' 08 5 2 x'0000 i ~ 7126101 852 1,527.50 ~. ~-~-~ ~o ` EXHIBIT ~b~b, ~ PQ5 ~~ 1 ~'` ~ ~ ~~ w: t~av~r ion to ~• B3 T 7~OIt t:FYlttl:S SC. we m ~ae.a.. .mss.,.. Circuit C i t•y Stores, ~~~~: . MI_.(:c tAN i c:,t~l~l~~. , ~A ; ft..i~_:~:, _•:,; ,t: (717) 795-1 U3ti Sold to: f-I [ LI_AfZY L'AVF-:Y STORE COPY REPR i NT i~:;3Ei::la GEi/ iU!U1 ! iLk.E~i. s 7'.()015Ei 1 i 13 dr i;; Date U8/iU!U. Sa I esperson S. STEVENSUN 1 SL 1 MXX CUMPU fER Trans ^Rw( ~ ; t;r~r .ash i er 37200 15S 1721 C)~~ 7~iy2:~ 7 DE.SKTGH' (;UMPU I k.t~ N . UU 2 SL 1 CSP Contract 5E?r'y i ce F' I an ~ _ _ Y __ _ _ ~i)g. ,y~~ 3 SO 1 CPQ 239451825 BTU DESKTUf' PC' ~ Y _ ~ 1 = : '%'. yl 4 SU 1 CPU i 80'OF3321 _ B~TC ~t.SK f Of 1•'G ~ S _ _ _ __ Y _ _ _ _ __ ~ .Oil 5 SU i CPQ 18485$622 61'0 Dt~ SK: I UF' ~'C'' S ~ Y __ _ __ ~ . Ot~ 6 SG -1 CF'(; 13U~(.)624 __ ~ BTtS UE;n I Uf PC:' v- -~~ -_ _--- . OU 7 SU _ 8 So 9 SO 1 1 1 CPQ 2'lb'3U562L_ _ CPQ 21E39G621___ CfQ 231340821 ~ _ _3TU DFSk f0t' PC' S ---__61'0- OESKT_OP_PC's _ 6 i U DESK TUP PC~ S Y .__Y , Y' . UU_ _ - Ou_ . t~U 1C SO 1 CPQ 233843f321 6T0 UESKTUP PC' S - - Y ~--. UO 11 SU. 1 "CPQ-'23~t~~18~1 _ BTO UE~K f or "N_~_ __.,{ , 00 ~2 SU 13 SC i 1 CP9_23_9~?95UU% ._ CPQ 24445%001 -.. ~'I O DESK I OF'_-h'G. 5 ~ 1610 DESKTOr PC' S . Y "-- - Y w _~---- OU-- . Ul) 1=i SU 1 CPt~ 251397622 B CU UtSK TUN PC' S Y - _ Y -- -- . OU 15 SO '1 CPQ 25246 I O()1 b {"U DESK TUP PC ~ S _ _ Y ~ __ _ . OU 'I6 So 1 CPQ f=P745A C:UMPUTER MON 17UN Y 5';:)9. y3 17 SL 1 SH I SN I PP 1 NG Shipping Ct~~arge N _ ?5.OU Non-Taxable $ 3. 24?. t35 10TAL r'Uf~CHASE ~ 3.241.85 BALANCt. $ O. UG '.~•m •+~k ;r'IS !S NUl AN U~1IGiNAL IiCKEf - !~FI'htiPdi "i. 4, 5, 6, 7, 8, 9, 10, 1 1, 12, 13. 14. '15 3T0 DESK f0P P(;' S. nas been ~~raered i'ur you. :3. 4, 5. 6. 7, 8, 9, lU, 11, 12, 13. 14, i~ =or Guest i ons arci Prob I etas u~;era c ; r;~ your d ~U f~ESK-f0P PC' S during mar.~.r~~ct+-,rer ~Harrct7cy ca I I . -BUU--6:~:% -667?r'c~r' _~s ;.:stance. .nmputer Support ? I us fcr the: +Hh x: CGt~P~J' L- ri, ':.'L 239451625, Ci'Q 1tSU:;U,~S~21, CP~v i84?i;~i3t~'"_'; . C;PG ~' 1 "3090624. CFQ I.1 Ej3()hEi12, CPQ 'L 16370i3'? 1. CPQ 23383821. CPU 235NEj1t3c1, CPQ 'L394y'30U', CPQ 24445700 1, CPQ 'Vi'i i 397322. LN~i~52461UU i ani) CPQ FP745A starts 08/1'3/02 and expires Oi i8:'0~;. !~or repairs, ca I I 1-800-555-4615. See •Tert«s and Coed i t i ~,nr; fnr detu i I ,. 18 CPQ FP745A, has neErr7 ordered fUr you. Your Sa ; a5 Associate will notify you when ;our product is received. 16 For Questions and Prob i e«ts oiler •aL i ng yaur CPc) `r=P74~A during manufacturer warranty csil 1-800-652--6oi2 fur ;:~„ i ~t~r+cc:. ~* i Incrr,Bdt I t phi P i r~k i ;r firs ; r). ;, r r'C} i= i' '4~;A SEARS CAMP HILL, PA 02624 III! III II ill !~ II II II II Ilil III !III RETAIN FOR COMPARISON t~ITN MGNTHLY TATEMENT Oht FOR RETURN OR EXCHANGE ~ALESCHECK # 026244099154 CUSTOMER: a~ILLIAM UAVEY EXPECTED DATE: 08/1`3/01 fRAN# PG/STORE REG# AS50C# 9154 99 0[624 409 3947 MEF~~HAhlUISE HOl_.1:11 N[U ~L:US'T"OMEFt PICKUP 2009 65778 COMBO 6 OR SAL 99.95T LEAVE IN CARTON ~~ SUBTOTAL 99.95 TAX 06.00096 6.00 CARL TYPE: SEARS AC OUNT ACCT #: ,_.STATE: PA 'O8/13/01 SEARS ACCOUNT TOTAL 105.95 .' PURCHASED UNDER MY SEARS NATIONAL BANK ACCOUNT AND SECURITY AGREEMENT, , INCORPORATED BY REFERENCE. I -~ GRANT SEARS NATIONAL BANK A SECURITY INTEREST IN THI5 MERCHANDISE UNTIL PAID, UNLESS PROHIBITED BY LA4J. $105.95 :;, i ~i i i ,~~ i 1 ~;; }~ ~ ~ Free ~ Convenient ON-LINE ACCESS to your Account. View your _ eri~ A~ bt ~-ma~~ ~eoii~ ice tevene side of form. statement on-line, males paymenb. see daily tranaactiona and jl~ ; lame ~ cbEF~i psi ~ ~ ~rtt USA 13aak, N.A. account balance. Re~rter today at www.FirstUSA.com. v'SI~ ~ Sbid rdoil of smte~dedE With psymmt in eadosed eavdope. I A PAST DUE NEW BALANCE MMIMUM PAYMFS~IT DUE WRITE A).tOl1NT OF ~ ~pUNT PAYMENT DUE DATE PAYMI•NT ~1t3lt_ 0.00 651.63 13.00 09/Z3/01 ~ 541711672236919600001300000651633 _; 30 FIRST USA BANK, NA WILLIAM W DAVEY ~ 4siz6 P.O. BOX 15153 703 CHARLES STREET ~.~ WILMINGTON DE 19886-5153 MECHANICSBURG PA 17055-6633 ~n~~~~~~tt~n~~~n~n~~ni~i~~n~~~i~~~i~i~~i~~n~~ ~~t~~~~ui~~~nu~~~u~i~~t~~u~~~tn~~~ni~~~~~nn~~~n~~~~~ ~: 5000 160 28~: 2 2 56 ~ 2 2 369 196 ?u' i - ~ _ ....._ e CUSTOMER SERVICE ACCOUNT INQIIIRY PAYMENT ADDRESS :..: 1-800.955.9900 (INSIDE US) P.O. BOX 8650 P.O. BOX 15153 "' ~ 1-301.59y-8200 (OUTSIDE IIS) call aolkct WILMINGTON, DE 19899~8f50 WILMINGTON DE 1988E-5153 1-888-{~tf-3308 (en Espanol) 1-800.955-8060 (TDD) w«tflretn~a.com ACCOUNTNUMBER ~ TOTAL GREDITLINE 1,000 CASH ADVANCE CREDtT17NEt 200 AVAILABLH CREDIT 348 AVAILABLE PORTION FOR CASH ADVANCES 100 PAYMENT DUE DATE 09!23/01 CLOSING DATE , 08/29/01 CARDMEMBER ACTIVITY SIIMD'[ARY TRANS. POST. REFFRPNCBNUMBER MERCiiANTNAMEORTRANSACTIC~IDESCRIPIl@I AMOUNT DATE DATB 08/13 08/13 785029672QXHZ35S9 ONE STOP DRAFTING SPLY PTITSBURG PA 471.33 0821 0821 70483ffi7A95ASS68N WAL MART MECHANICSBURG PA 179.30 PREVIOUS BALANCE +PURCHASES, FEES +CASH ADVANCES + FINANCE CIIARGES -PAYMENTS AND NEW BALANCE AND ADJUSTMENTS CJtEDIlS 0.00 651.63 0.00 Q00 0.00 651.63 CARDMEtLiBBR NEWS IMPORTANT MESSAGE ABOUT YOUR STATEMENT ~. ~ , ~~~ _m-r z x D S J l~ ~^~ JSm '~~ t ~ ~~ I j ~z~' ~~y ~ DEC: J (~ J ~~~_ \ C C, ? ~, ~ ~\ _, U.' 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G G t] mm~lml<,a~ommmmmmn~ .a~aaaXxaaaaaax ~: ~ LA .i` ~ tT ~` ~7 m !~ N !T W ~` W CR ~_' ~ . ~El -~ ~ L~! W ~ --~ ~ ~-- ~] [il to ~0 G ~ W~-`t'i~O~C~ltTG04~U-~OCJItl~ 'i~DDpDXxDDDp~~X _C { • -~ . ~~ ! .-~ -a.._;... ~ «~ ; N F.. ~, ~ m ~~:~`- .~~.f~ ~` ~] W W NQ~ W ~ W Lit ~ •: :~,:: m tU m G r G LA a N m ]~ n pa V C~'t! ~," F ~ •T~1~7 SFr ^~ .ice `.~- l >.;r~`~ -,~, ,i ~~OD F '~~L4 =: ~~~ + x .: !~ T= ~ ~ ~1 ~~ ,.` _. ; N ~' C j - +nY ~ - ~:.~ ~ mCD~~27C~~D-< m O jZl i ~Z~~DZ~mc D7~ O°~OZ m C Z D l~ t < to m ,~,~ „ p cn v D 70 ~ a o ~~(~'Ti ~r-~D7 - EF1 c~ Zcn~ mr~ D{f~170 Duce' a'~ S ~~m~ tnD~D ~ aoD ° r ~ D D D nD., G r ? •-; ~~ ~~ o~<_ ~ z N T r m D m oX~~ D70cDi~= r~-IG'7 ~cny~ O ~ ~ D O[~~~z ~OL~n c~zOm T ~ ~ Q .a o~ r ! r ~W a !+ a C m -~ ~ ~ c ~. C ~: v v ° ~ ~oz ~ ~ .~ ~~ Do I ~ c v ~ j ~ l ~ ~N~ m =. ~n ~ O ~ C CS'1 ~ 2 < ~ ~ C v u~ ~ ~ ~ ~. ~~ c ~ F ~'• ~~• ,~1- 8T0 waiur w. o~- ,n . 1 ws owats sr n~. ~a t~IMM«~IB. M 1706iM1f ~~, 030.'ib3393 400 ! i 5 6400 F~4 i 7 0~ ~~ ~~i` ®~ SJ1~~ r ~~~ ~# ~ Its ~•' ~- • ~2~i3?238?~.~8000~~.Sy3~' 08?0 roODO i? 9~ 9104101 870 317.09 IKEA IKEA INTERNET APPLY ONLY • Customer Serviee Department: 1-800-959-3349 • Departamenm de Servicio al Clieme: 1-800-959-3349 • Send Payments to: HRS USA, P.O. BOX 17602, BALTIMORE MD 21297.1602 - Mail Billing Inquiries te: HRS USA, PO BOX 15521, WILMINGTON, DE 18630-3521 Statement Total Minimum Days In Closing Pryment Paymam Billing Credit Credit Account Number Date Due Date Due Cy~is Limit Available 0918-6071-0002-9597 o6nsrtool o9ro9/2oo1 s15.gg 11 sl,ooo s59e THANK YOU FOR OPENING YOUR ACCOUNT WITH US. YOUR APPROVED CREDIT LIMIT IS i 1,000 ...CR IT~ P N S U AA Y .~ .. Credit Plan Description Rep • Purch Credit Plan Number 00007.Ot Balance Subject to FINANCE CHARGE (Average Daily Balance) 5388.52 Daily Periodic Rate 0.06013•b Corresponding ANNUAL PERCENTAGE RATE 21.95•.6 FINANCE CHARGES (At Periodic Rate) 5.00 ANNUAL PERCENTAGE RATE 2i,95•~(, New Balance =401.70 Minimum Payment Due 515.00 Promo Expire/Same as Cash Due Date Credit Plan Transition Transaction Transaction Number Date Detail Amount ~, 00007-01 07/11/2001 PURCHASE ,BALTIMORE MD , S12Q02 00007-01 07/11/2001 PURCHASE ,BALTIMORE MD 5120 02 00007-01 07/212001 PURCHASE ,BALTIMORE MD 571.16 00007.01 07/21/2001 PURCHASE ,BALTIMORE MD 570:0 07/14!2001 RETURNED MERCHANDISE •5320.02 . ~.......... a-_ ....: ... ..- . ....... ....... ~{~! - - ' - •: ~M•r. T= r~.vrr. r ..rr.ar. : ._ __•s_75_....--_._ ..s.......- Previous Purchased Insurenee FINANCE Nwv eelana Other Debits Fees Charges CHARGES Payments Credits Balance s.oo sn1.72 s.~ s.o6 s.oo s.oo 51zo.o2 s1g1.7a eN-5TMT1756 (11/00) 08150024066 Retrmt below portion with payment . Page i of 1 Cit.i:~ Platinum Select~e Card 1-800-950-5114 Account Number - ~ ! Te report WHlnq ea=rs, ~ BOX 6500 5424 1804 5877 7635 ~ t°u11id°r'°'""'"9`r"• SIOUX FALLS, SD Payment must be received by 1:00 pm local time an 09/14/Z001 n°epraerrerourrlghuti 57117 statement/Closing Data Total Cndlt Lina Available Credit Line Cash Advance Limit Available Cash Lfmit New Balance 08/21/2001 $600 $269 $100 $100 $330.66 Amount Over Purch/Adv Cradlt Line Past Dua Minimum Dua Minimum Amount Due $0 OD t $D DD + $20 00 $20 DO ., ~5'A1C Dath „POlt'bbtC>'z?(r!CtCMfICC NYp1bQf,+' w~?w ,x~ ie..:Jj~tlirlty`SIOCe,Last StatCmCnt,.~- ~- .:.,~ *~~s~~r ~,yi: mt~4 v ,,~ y :,~ r,, .~. Amount _ 8/10 43497295 PAYMENT THANK YOU 7/24 7/24 7VOJLY3G BED BATH # BEYOND tl271 HARRISBURG PA -SO.OU 7/24 7/24 DIWNVBG3 SUNOCO MECHANICSBURG PA 7/24 7/24 58C3N012 REGISTERNOW 877-353-7297 FAN 21.19 1G.62 8/21 PURCHASES*FINANCE CHARGE*PERIODIC RATE 16.95 5.20 CHANGING YOUR ADDRESS? LET US KNOW. Maintain your goad credit rating. Keep-us informed of your new address. 4Yhen you move, please correct your address on the payment coupon or call Citibank Customer Service. Sending money overseas? Don't waste time by waiting in line. Send money from your computer to 30 countries with c2it (sm) service from Citibank. Learn more at www.c2it.com/send30 Don't like surprises? Visit the new Cardmember Central at www.clticards.com and view your Citi Card account information 24 hours a day, 7 days a week. This new site hosts your Account Online plus man . y more exciting services, lust for you! Montefiore Merlin ballpoint and rollerball pens Solid brass, ename] finish - great gifts! $6.95 each covers it all includingq shipping. For Citibank Cardmemb f ers rom Bobley-Hermann www.giftvalues.com/forCiti Design your own shopping experience- Introducing CitiPrivileges-now easily accessible through Cardmember Central at www.citicards.com. Customize your shoppingq experience by choosing your shoppin categories of interest and see the offers you wan! Account Summary Previous Balance (*) Purchases & Advances (-) Paym°nts 6 Credits (+) FINANCE CHARGE c=) New Balance PURCNASES ADVANCES TOTAL 6320.70 j0.00 j320.70 (54.76 j0.00 j54.76 j50.00 j0.00 ;50.00 j5.20 j0.00 j5.20 3330.66 j0.00 j330.66 Days This 81111nq Period: 32 Rate Summary eaiancaSubjactto Finance Charge Periodic Nominal ANNUAL PERCENTAGE Rata APR RATE PURCNASES Standard Purcn ADYA)iCES 5354.14 0.04586%(D) 16.740% 16 74091 j0.00 0.054779i(D) 19.990x3 . 19.990% SEND PAYMENTS T0: CITI CARDS P.O. 80X 8114 5 HACKEHSACK, NJ 07606-6114 PLEASE FOLLOtt PAYMENT INSTRUCTIONS ON REVERSE SIDE. 670955 Make chock or money oroar payable in US, dollars on a U.S. bank to Cltl Cards, Include account number an chock or money order. No cash please. C i t i ~~ P I a t i n u m S e l e c t~ C d For Customer Servke, call ar write 1- ar 800-950-51 14 Account Num T• r.yw•e Wlnnq errors, .ru• t BOX 6500 Payment must De re • IMe sd4er•; eMllnq MII ceived Dy 1:00 pm Iocal time on 08/14/2001 ratpreeen•yevrlgnt; SIOUX FALLS, SD Statement/Closing Date 07/20/2001 57117 Total Credit Line Available Credit Lina Gash Advance Llmlt Available Cash Llmlt $600 $279 New Balance $100 Amount Dvor $100 $ 3 2 0. 7 0 Credit Llne Past Due $O.qO + $0 00 + Pureh/Adv Minimum Duo Minimum Amount Due Sak Date PostDatc•. Refercnde.Numbcr ~;, ~,~ max.;:~•r. ~. ;:. Aetlvlty~5lncel.est5blrmtnt,:~r,~.~ tg;;+i~^,~';~« $20.00 = ~" $20 00 ~' 7/05 7/20 T/05 . MEMBERSHIP FEE JUL O1-JUN 02 65RRG4KJ :Amount,.y :.:?? ~• ~JJ/05 ~'!Y/05 7/OS VIC70RIA5 SECR00002816 CAMPHILL pA 38JY94JJ LIMITED STORES00000091 CAMP HILL 0.00 --24.00 '!E7/05 7/05 7/05 pA SXLOGS*S KMART 00042754 MECHANICSBURG PA BC4FLY3G BED BATH tt BEYOND x271 HARRISBUR •~ 26.00 '29.03'~c 7/08 j/11 iQ/ T/08 7/11 G „pA PLL•Nw03 SHEETZ x201 MECHANICBURG...pA w00LF5JJ LIMITED STORES00000091 CAMP HILL~~~•' ~ 77.35" 18 .90 14 7%14 7/14 7%1 _ PA T96Z8H03 JCPENNEY CO 1869 BALTIMORE '~;ND T Y4 OR RT E 78 _ Z8.33~ 7/15 4 7/15 I MT@1 816 F EVE 21 1t85 BALTIMORE r''.IAD L6JXHHF3 SHEETZ 11201 48.46 25 20 MECHANICBURG pA ..:, :~.:..-z . 17.43 If you have not received your new cardr please call the Customer Service number on this statement. husinessrphoneo000~ OOp0000.71please3updatedabave coupon if incorrect. Send money abroad with the click of a mouse! Now c2it (sm) service from Citibank allows you to send money internationally online. To learn more. ao to www.c2it.com/send30 Don't like surprises? Visit the new Cardmember Centrai at www.citicards.com and view your Citi Card account information 24 hours a day, 7 days a week. This new site hosts your Account Online plus many more exciting services. just for you! Accotmt Summary Pr•~01° (;) Pwchases 6 (-) Payments i (+) FINANCE Balance Advsnces CndNs C~IARGE (•) Nep PURL NA S ES AOYANCES Balance (0.00 (720.70 (0 00 TOTAL . 50.00 (0.00 (0.00 (0.00 f~20.70 (0.00 (320 (0.00 70 . (0.00 f0.00 (320.70 Rate Summary Days This 8111inq Perlotl: 30 Balanu SuDlect to Periodic NominN ANNUAL PERCENTAGE Finance Charge Rate PURCHASES APR RATE Standard Purch AOYANCES (0.00 O.OI655%(0) -' 16 9901r • ... , . (0.00 O.OSA7Tti(D) ~:`-; 16.990% is t ~ ., 1r .. ..-: F 7. 7 r ~ 14 !!0!t " ' 14.990% H ~ , . .. SEND PAYMENTS T0: CITI CARDS P O ~ s \ r • r -~;~ .,; ~~ .* ~~r ~'~ r ~" ~ ~` llf . PLEASE FOttOM PAYMENT INSTRUCTIO ~ . 40X Bllt Liy~~ `-~ " S NACXERSACK, RJ 07i0i > f " ` ~ ~~ 7S6iiS NS OR REYEA ' t ' ~ ~~~ Ml"~ ~ ~ - = ~ . . ti •'~ SE SIOE. '^+~:r.;•~ ~ Makes Chetk Or mOM O/def . _. ~R••~i~ ~ ^.• ^/.., ~ - •+!n!, _, .., Y Payable In us dokars o . n a U.S. Dank to Citl cards. Include scouts lalmber on chKk or money order. No cash please , -. ~~ ti+ ..~ _ ~ w, wA T ALWAYS LOW PRICES, ALWAYS WAL-MART; r ~~ • WE SELL FOR LESS MANAGER ROBERT FRANK 717 ) 691 - 3150 ST>t 1886 OP>< 00001387 TEIt 08 TR8 07429 MECH PENCILS 007234802338 1,97 J GLUE STICK X 002600000522 0.23 J HANDI TAK 007375416026 0.97 J PORTFOLIO 068113103261 0.33 J PORTFOLIO 068113103261 0.33 J POLY PORTFOL 007878799670 0.33 J PORTFOLIO 068113103261 0.33 J NOTEBOOK 004155124050 2.97 J NOTEBOOK 004155124067 2,87 J NOTEBOOK 004155124052 4,97 J SUBTOTAL 15.30 TAX 1 6.000 X 0,92 TOTAL 16.22 MCARD TEND 16,22 ACCOUNT 18490-07/04 APPROVAL 1035076 TRANS ID - VALIDATION - PAYMENT SERVICE - N CHANGE DUE 0.00 # ITEMS SOLD 10 T ! 14 4 41 4 III N~IIi l VIII I III ~Ilillll 1~~811111111NIII1111 CASH YOUR TAX REBATE CHECKS HERE! 08/28/01 00:36:24 **~CUSTOMER COPY~~~ MON-SAT 10-9; SUN 11_6 175554 CASH-1 0274 0151 406 1 10020516 . (SUPPLIER CODE: 17877) GRANAT N CSH 17 1 2,95 2 30035673 NERD 3 10020516 1 19 95 (SUPPLIER CODE: 17877) GRANAT N CSH 17 1 2 95 4 66451309 (SUPPLIER CODE: 10118) RAKE i 1 . 95 ~'"''?809 tSUPPLItR CODE: 14667) ' KET PHOTO FP,M 1 1 .50 b 96572809 (SUPPLIER CODE: 14667) RAKET PHOTO FRM 1 1.50 7 90036207 (SUPPLIER CODE: 18951) FINLIR 1 8 4~ 8 10023949 (SUPPLIER CODF_: 15540) VINK 9 26664100 1 i 95 (SUPPLIER CODE: 18377) AFRO 10 86664140 1 1 95 AFRO 1 1 95 11 10023949 (SUPPLIER CODE: 15540) VINK 12 10023949 1 1 , y,; .+v ~icrt t,~uc i VINK 1 1.95 13 06126140 (SUPPLIER CODE: 19589) REDA 1 1 95 14 80018893 (SUPPLIER CODE: 16341) ODLA PLNT POT 6 1 .49 15 80018893 (SUPPLIER CODE: 16341) ODLA PLNT POT 6 1 49 16 96684883 (SUPPLIER CODE: 11072) RIGGA 1 19.95 SUBTOTAL 71,38 SALES TAX MD. 5~ 3.57 TOTAL 74.95 .a. r~E~ '..~~TJ 4 ~~Y~~l~ t?7i 5125 !ONEST~?W~`! ~iD., SUITE 425 HAF'nISLU{'~2. i'a , ?1 ' 2 ~`~~"?71 10 Obi?7:'01-172E ~?C~0214 0-98='';; 1'5521'"27.14 5~~:'TCT•",L a ~o TOTAL 1 J , 59 CHECK 1 ~ , ~,~ ACCT} : :{::::;~;XXXX;''; Av~~~~~; 17Q~~Q,, ..: u ~' ^' = T,rt~tkS FO,~ SH~?F`~`If~G RE^ BATH BEYOflJ ~~ _~: ~ . - ~ gas a± :a!ti~, . t,e~~.:atf:a~~~bey~r.~, . t;~,~ GIFT °,:AkrS Al!RIL ?I!LF ' °;0'2:'1 10 Ocl27.!Of -17:0 0,0214 02-983b i ,. r - *: WELCOME TO OUR KMART STORE 4275 / c ,~,~ ;S :~ *~ 07200076237 STEAM IRON 02887734993 DUSTBUSTER ~ ~ 7.39 T . ~~** TAX ~ '.19.99 T ~~ -~XXXXXXXXXXXX7635 1 65 BAL 29,.03 EXP 07Q3 - .. VISA/MC ~APPROUAL 209379 ~ J •~ VF~ VISA/MC CHANGE ~Z9'03 TOTAL NUMBER OF ITEMS SOLD 2 .00 ` ~ ~;>~. _REC~IPT# 04275 070501 008 35980~~ i .07/05%01 ~t': . 9:14 PM '4275 08 3598 0146 ** GET SPECIAL DEALS VIA~EMAIL!!! ** ~: .% ' r) . ~ BED BATH ~ BEYOHD #271 5125 JONESTOWN RD,, SUITE 425 HAkkISBURG, FA 1711 (717) b51-1b50 00271 10 07/05/01-1734 00009 51-3985 #394400700 BSKT CASE 1T 9,99 #856775001 FAQ! SUPER TUkBO 1T 12,99 #25b950509b FIBEkBED T 1T 49,99 SUBTOTAL 72.97 F'A b.00X SALES TAX 4,3$ A OTML 77,35 MASTERCARD 77,35 ACCT#: XXXXXXXXXXXX7b35 (S) EXFDT; 07/03 RUTH#; 234949 CHANGE ,00 i THA~lKS FOk SHOPPING BED BATH ;BEYOND Visit us at WW41,t~e~jt~atham~t~eyo,i~j.co~n GIFT CAkDS AVAILABLE OkIGINAL kECEIFT kE[~UIRED FOR REFU~lDy 00271 10 07/05/01-1735 000209 51-3955 w ~~ ALWAYS LOYV PRICES. ALWAYS WAL-MART. YE SELL FOR LESS MANAGER YIILIAM BAXTER t 401 ) 848 - 5167 ST% 2885 OP>r OOO~Z6 ~ TE>r 06 TRit 00948 2 QT BOTTLE OOT1691309Z1 2.26 J IADIESASOCKS 004282534384 15.46 D TAX 1 7S0000%AL 10.86 TOTAL 18.58 CASH TEND 20.58 CHANGE DUE 2.00 # ITEMS SOLD 3 C>r 411 Illtfllll 1~~ 1447 $~44 = ~~~~~ ~Ildil~ll hl ~ ~u„n,o~ m~~,u~~~~~~~.~„~ • ,w CUS ~h1ER RECEIPT NEX SUhihIER CLEARANCE EVENT!!!!!:!! ~~ A UGUST 26 TO SEPTEhIBER 3 ALWAYS LC1~1 DICES. ALWAYS Wi4E-IV~T CLOTHES, SHOES, LUGGAGE, DOhIESTICS ANO hIUCH hIORE. SHOP EARLY FOR BEST SELECTIONS. ~~ 1681-1005 082901-1027 061469-061469 14982 WE SELL FOR LESS 7364074500 PAPER CLIPS V 0.79 MANAGER ROBERT FRANK P 7 1 2186901120 STIKKIWAX CLIPS 1.49 ST8 1886 O 8 00003045 TE8 59 REFRIGERATOR TR8 01094 2120071864 POST-IT NOTES W V 3.49 008469179812 169.62 J 2120001113 hIAGIC SINGLE 1.49 TAX 1 650000%Al 169.62 05610000620 CLEARASIL PADS V 2.99 TOTAL 179,gp 4145727090 VNT STYLR BRSH 0 2,99 MCARD TEND 179,80 6 ITEhIS SUBTOTAL 13.24 ACCOUNT 89196-07/04 TOTAL 13.24 APPROVAL 8021130 PAID BY CASH 20.25 TRANS ID - CHANGE 7 01 VALIDATION - . PAYMENT SERVICE - N NAVY EXCHANGE HOURS: CHANGE OUE 0.00 hION - WED, FRI AND SAT 10:00Ah1 - 7: THUR 10 OOPhI # ITEMS SOLD 1 :00A1d- 9:OOPh1, SUN 10:00Ah1-5 :OOPM T 8 7 41 1 1 1681-1005 082901-1027 061469-061469 14982 IIIIIIII II I IIIIIII NIIIIII ~~ ~I II II IIII IOIIIIIIIIIII II CASH YOUR TAX REBATE CHECKS III HERE! 08/21/01 20:01:26 ~*~CUSTOMER CDPY+~~* ~ ,~~ o _= _ _ ~_ _. _ _ _ ___ ~ 'x ~ 06/27/Ot 9:06 PM ~_ _ . RETURIV~BEFORE 09/25/Ot _ - - - ~ - - - Illlililllllllll111111111 IIII11111111 _ _--_ _ . _ 001 081090446 DRI BOARD T 99 4 _.` `.~T :- _ _ 002 . 064011619 BATH TOWEL T 541 2 003 . 064011896 BATH TOWEL T 1 ._ - _ . ~ , _,.-..__ -_ • 004 062050014 XITW MATTPAD T 12.99 - - - SUBTOTAL 22 98 .~. -~._ _„ T' 6.000 TAX "'M1~'L;:;.;~ u ~ .. TOTAL 24 36 •~,7. r~~n.on~•.n:':n:^.~,%i~~'?. .. r . CHECK PAYMENT 29 36 .nT. ,~~:,.~,.~ =-' . --~'~- RECEIPT ID8 2-1178-1254-0079-7745-2 - VCDB 11446264 CSHB 459 4 ITEMS _ 1 INDICATES SALE P RICE :- .,-~ ~ . :- ..: +L`~t' ~'y ''iii ' - - ~ - ~ ' ` ~ ~ ~" ~`` ~~ `' ~''-''' ~ - rTrT rte: ~_ F1tA+; 1 J,t ~ Save ALL Receipts - . -"" Prc- - ~ rt ~-~,~ -c- :' - - Give Gift Receipts & GiFtCards ~ ~ ~~ ~~~'. ~ -~ `~ - - Ask about Receipt Lookup July 27, 2001 Bill The statement you sent me had a due date of July 2, 2001, which prompted me to call the Bursar's office to clarify the status of the bill. I was told that the balance of the account ($8,812.50) was being paid upon receipt of the remainder of financial aid. Could you please clarify this matter for me? Thanks August 7, 2001 Bill This is to confirm our discussion of last week that the offer I mnde at that time still stands. I will meet you at the bank at nn ngreed upon time to obtain a certified check written out to Roger Williams University for Hillnry's tuition. Let me know what date and time would be convenient for you. Thnnks MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - LAW WILLIAM W. DAVEY, Defendant N0. 98-0272 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of March, 2001, this matter having come before the Court on a petition to enforce a marital settlement agreement, IT IS ORDERED: 1. Mary M. Davey shall be financially responsible for any capital gains tax consequences as a result of the redemption of three mutual funds as set forth in the petition. 2. It has been determined that the parties' daughter, Hillary Davey, will be matriculating at Philadelphia University. It is ordered that as billings are generated by the university for the daughter's attendance, they shall be paid from the joint account held by the parties for the benefit of their daughter, and continued to be paid until those funds are expended for that purpose. 3. The petition of husband for counsel fees is denied. Philip H. Spare, Esquire For Plaintiff Austin F. Grogan, Esquire For Defendant Sheriff By the Co~.r Edgar B. Bayley,\~ -~ _~ ~3 prs ~, ~ ~ ~~~ ~~~ t~' . r T f ~ I N T'H E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. MARY M. DAVEY i ~: ~ ~. Plaintiff VERSUS WILLIAM W. DAVEY, Defendant N O. 98-272 CIVIL TERM DECREE IN DIVORCE AND NOW, 2001 , IT IS ORDERED AND DECREED THAT Mary M. Davey PLAINTIFF, AND W1111am W Dave , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; equitable distribution of tangible personal property not address in the parties' October 12, 2000 Agreement which is incorporated but not merged into this Decree along with any Addenda to said Agreement an t e issue o w et er any int s s ue un er the Agreement or Addenda. _ BY THE URT~ /' / ATTEST: J. OTHONOTARY .~~ ~ ~' ~~~ ~~~ ~~ 6 f° a~y~ j, MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM IN DIVORCE O ER ~ I3 ~--- AND NOW, this day of , 2001 upon consideration of 'the within Stipulation of the Parties For Entry of a bifurcated Dec ee in Divorce, the relief sought in said Stipulation is GRANTED, and this Court shall issue a Decree in Divorce reserving the issue of equitable distribution of tangible personal property and retaining jurisdiction to enforce the terms of the October 12, 2000 Agreement between the parties and any denda thereto including the issue of possible interest on payments. /'r`~ ;, J. ~~~ pe ~s©n a G-~ ven ~o ~Q~ anot ~~.-1eo~ -t a `~1t.~s~~ ~ ~ ~` l~an Lcsr LAW OFFICES SNELBAKER, BRENNEMAN & SPARE p, ~'I~e'v'it~11~SNN~d ~ '.+ MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM IN DIVORCE STIPULATION OF THE PARTIES FOR ENTRY OF A BIFURCATED DECREE IN DIVORCE AND NOW, the ~ day of ~1An1t1A~Y , 2001, the parties, MARY M. DAVEY, Plaintiff and WILLIAM W. DAVEY, Defendant, do hereby agree and stipulate as follows: 1. The parties reached an agreement on October 12, 2000 as to equitable distribution of marital property with the exception of tangible personal property. 2. To date, the parties have been unable to reach an agreement as to the equitable distribution of tangible personal property. 3. It is advantageous to both parties to terminate this marriage now. 4. Granting a bifurcated decree in divorce would provide tax advantages to the parties and allow distribution of certain Individual Retirement Accounts to Mary M. Davey without adverse tax consequences. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation, LAW OFFICES SNELBAKER, BRENNEMAN & SPARE do hereunto place their hands and seals and request your Honorable Court to enter a bifurcated decree in divorce. WITNESS: Philip H. pare / ~ , Mary M. vey ~`~ ~ ~ Austin F. Grog William W. Davey CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Stipulation to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS• Austin F. Grogan, Esquire 24 North 32°a Street Camp Hill, PA 17011 ,- 1, Philip I4'. Spar~Esquire Snelbaker, Brenneman & Spare, P.C. 44 W. Main Street P.O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff LAW OFFICES SNELHAKER. BRENNEMAN & SPARE Date: January 31, 2001 MARY M. DAVEY, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA N0.98-272 CIVIL TERM WILLIAM W. DAVEY, Defendant :CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on January 22, 1998 (see Affidavit of Service filed herein). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: October 10, 2000; by the Defendant: October 12, 2000. Both Consents were filed October 13, 2000. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: October 10, 2000; by the Defendant: October 12, 2000. Both Waivers were filed October 13, 2000. 5. Related pending claims: equitable distribution of tangible personal property; enforcement of October 12, 2000 Agreement and Addenda thereto and possible interest on payments due under said Agreement and Addenda. LAW OFFICES SNELBAKER. BRENNEMAN SNELBAKER, BRENNEMAN & SPARE, P. C. Et SPARE )ate: January 31, 2001 By. ttorn s for laintiff C~ ~- .. r-- ___ ice.. ~~"! 4 (1 I ~ .... ...Y ~.~ e= ` f'r.~ R~ •.si.7 ~' .~- en.... `~ y..~_ 1 ~-+ \~ _ x E ~~.M ~~ ~4..... • ~f r/' .~ r~ C:37 , MARY M. DAVEY, Plaintiff vs. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- r~ 7~ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 for relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend mania a counselin to a divorce decree being handed down by thegcourt. A lgstrofr marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SpARE~ p•C• By • 1, Attor eys r Plaintiff LAW OFFICES SNELBAKER, BRENNEMAN Sc SPARE u~gy NI . DAVEY , Plaintiff vs. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • NO. 98- ~ ~~ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff MARY M. DAVEY, is an adult individual residing at 1101 Lindham Court, Apartment 602, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant WILLIAM W. DAVEY, is an adult individual currently residing at 703 Charles Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on June 20, 1970 in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. LAW OFFICES SNELBAKER, 6. Defendant is a member of the Air National Guar BRENNEMAN & SPARE r 7. The marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 10. The Plaintiff and Defendant have legally and beneficially acquired property both real and personal during their marriage from June 20, 1970. il. The Plaintiff requests this Court to equitably divide all marital property pursuant to Section 3502 of the Pennsylvania Divorce Code. WHEREFORE, the Plaintiff, MARY M. DAVEY, respectfully requests your Honorable Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and the Defendant; (b) order equitable distribution of marital property; and -2- (c) order such other relief as the Court deems just and reasonable. LAW OFFICES SNELBAKER, BRENNEMAN Fz SPARE SNELBAKER, BRENNEMAN & SPARE, P.C. By: Philip re, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 te: January 1~ , 1998 Attorneys for Plaintiff Mary M. Davey -3- .` VERIFICATION I verify that the statements made in the foregoing 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. t / ~...I Mary M. D vey Date : ~ j~jl~~q~ LAW OFFICES SNELBAKER, BRENNEMAN & SPARE MARY M. DAVEY, Plaintiff vs. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98- ~ ~~-- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT MARY M. DAVEY, being duly sworn according to law, deposes LAW OFFICES SNELBAKER, BRENNEMAN & SPARE and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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 ~~ ~ /b~i Mary M. D ey (Plainti f) MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 98-272 CIVIL WILLIAM W. DAVEY, IN DIVORCE Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 20, 1998. 2. The marriage of the Plaintiff and the Defendant is irretrievably 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. 4. I verify that the statements made in this Affidavit are true and correct. 1 understand LAW OFFICES SNELHAKER. BRENNEMAN & SPARE that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. Date: !D //e ~~opp ~. Mary M. D ey ~° f,.. ' i~ _.,.~ - i a MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand LAW OFFICES SNELBAKER. BRENNEMAN & SPARE that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: /o ~/o /o?OQ 0 ~ ~. ~ Mary M. Davey 10-1~-2000'09~10AM FROM TO 2406248 P.03 ~ I ' is '. ~ I: f ! is ~ i, ,~. ~. N~ARX l~. ~p,~VE'Y;, IN THE COURT OP C011~IMON' FLEAS , I Plaintiff :CUMBERLAND COUNT'Y', P~1}`TS"YL'V~ ,, ,I; v. NO. 98-272 CNIh, TERM ` j . I: ~, V~'ILLIAM 'W. DAVEY, Ci`v ii, tip; i lO1v - Lr'~W ~ , . ,. Defendant YN DIVORCE . :i. ;, ~' ~ i ~' A~'IDAVIT OF CONSENT j ~;, ,j ,;. 1. A Complaint in Divorce under Section 3901(c) of the Divorce ~d~te was filed ~` '~ January 20,':1998. ~ i I ; ~i , . 2. T'he tnarriage of Plaintiff and Defendant is irretrievably brokeni aid n~xaety da}~~ ~~. ~ j. have elapsed from the date of filing and service of the Complaint. ~ ~ ~ ,~ i~. 3. ~ I consent to the entry of a final decree of divorce after ser~r~h;~ of notice ~' !. t, I intemion torequest entry of the decree. ~ ~ ~ ~'. is R. I verify that the statemerns made in this affidavit are true and correct. I~ ~derstand ! , '!. 'I. false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to udswo :~; ;; falsification to authorities. ~. s,. ;~ j i s ~ ,j I i Date ~°f /~~~ ~ i t i WILLIAM W. DAVEX ; ~ j f ;j ~i ~ l 10-122000 09~10AM FROM *,, i ,, 1~}L'~, 1 l~'i . i~~t'!. Y ~ i ~ Plaintiff TV 2406248 P. 04 • ~ .; ~ ; i ~~ ~~ ~ ~. ~) ;~, ;. ~,. (! i~ ~ ~ 'I ~i ~I. i. IN THE COURT O~ COh~[MOI~ ?LEAS CCJMI3ERLANb COUNTY, ri `~ i~SYLV'ANI v. NO. 98-272 CIVIL TERM ': '. l ~ ;, ~; it WILLhAi~ ~. DAVEY, :CIVIL ACTION -LAW Defendant IN DIVORCE ~ ~ ~ ~ ;~ ,~ 1~ }~ WAIVER OF NOTICE OF INTENTION TO REQUEST ; :' I . , ~ ENTRY OF A DIVORCE DECREE UNnER ~ > ° , ~: SECTION 3301 cl OF THE DIVORCE CODE ~ ~I. ,I: ! I. 1. I consent to the entry of a final decree of divorce without motice. ; ~ , a;. . 2. I understand that I may lost rights concerning alien©n~, division: q$ '~ i , property, lawyer's fees or expenses if I do not claim them before a divorce is gra~ed, t II~ II, 3 • I understand that i will not be divorced until a divorce decree is entered l~ ` ~, the Court and that a copy of the decree will be sent to me immediately after it ~ filed with °th~! ~j; ~ Ptoihonotary. ±;. ; E j' .I: . , ;, ! , I verify that the statetbents made in this affidavit are taste ia~d Corrtct. ~I; I ~~' u~exstand that false stat~tnents herein are made subject to the penalties of 18 ~Pa.C.S. ~4.~ it relating to uasworn falsification to authorities. '' ~ !' I ~~ Date: /v t -: ~r:'; ° i,l ~~ .II , r . -. MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-272 CIVIL TERM CIVIL ACTION -LAW WILLIAM W. DAVEY, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for Mary M. Davey, Plaintiff in the above captioned action in divorce; that on January 20, 1998, he did send to Defendant William W. Davey by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. P 206 994 323; that both the Complaint and cover letter were duly received by William W. Davey, the Defendant herein, as evidenced by the return receipt card for said certified mail dated January 22, 1998; that a copy of the aforementioned cover letter dated January 20, 1998 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and LAW OFFICES SNELBAKER. BRENNEMAN & SPARE •_ correct to the best of his knowledge, information and belief. r I Phll .Spare Sworn to and subscribed before me this 11 day of October, 2000. Notary Publi ~ Sttsen L. Y p~pc ~ ~ Cumberland County Expjnas Nov. 24, 2003 p~±,~a I~+nnl:rth~q~ia ll~cnciaf`!7t1 of MOfArlAS LAW OFFICES SNELBAKER, BRENNEMAN 8c SPARE -2- t. y SNELBAKER, BRENNEMAN F3 SPARE • A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE 717 6~J7.8528 January 20, 1998 P. O. BOX 3l8 FACSIMILE pln 697-7681 William W. Davey 703 Charles Street Mechanicsburg, PA 17055 Dear Mr. Davey: Enclosed for service upon you is a true and correct copy of a Complaint which was filed this date on behalf of Mary M. Davey. Very truly yours, Philip H. Spare PHS/sz Enclosure CC: Mary Davey (w/enclosure) EXHIBIT A Y. ~ ~ ,/ ~ ~~ ii ' ~ • P 206 994 323 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for lntemational Mail See reverse Sent to William W. Dave Street d, f+prrriber 703 Charles Street Post Olfice, S'fate, ~ ZIP Cade Mechanicsbur PA 1 05~ Postage $ r Certified Fee S 1.35 Speaal Delivery Fee Restricted Dekvery Fee ~ 2.75 ~ Return showing to ~~ „ ._ ~ . _. 1.10 o° _ ...,. ~ ~ AL Po e & Fee ~[ M ark € ~ ~~~' 0 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ~ComPlate IIMm 1 andror 2 for additional services. ~ConptMe itsrna 3, 4a, and 4b. I a180 t+Vish to feCAiVe ttte ~_ Y~ narrw and address on the reverse of this form so tt-st wa can return tiffs fObOy~ng SerViCeB (for an eAflach ~ form to the front of the eXtfa fee): ~P~, a on tFrs t>•dc ff space does not 1. ^ Addressee's Address ~ Eielum Raoslpf Hs4wsted' on the eThs Return R t~alow ~ arYola rturriber. acaipt wiN show to whom the artlde was daNvar~ad and the d 2• ~ Restricted Delivery d Y s ate verod Consult P~timaster for fee. . Article Addressed to: ~ ~. At~de Number X06 994 323 ~Jilliam W. Davey Q ~ ~ s YPe 703 Charles Street Mechanicsbur ~ Registered ~~',~~ q , PA 17 0 5 5 ^ Express ~ r) p insured ^ Batton N ^ COD ~ 7. Date m '~ cn 5. Received BY: (Pd ) 'o ~ 8. Add 's Add (~ : l l ; uw. Gv _ 1 end ) ,(J ff requested ~ c 6. S ~ riErssee Agent) ~ ~!~ ~ -~ ^~ ~; ~ N - PS Form 3811, December 1994 _ are , EXHIBIT B t_~ -y, 3 {•l ~;=' ~ .,. ~ (MARY M. DAVEY, Plaintiff vs. I WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF' S ANS WER TO DEFENDANT' S PETITION TO ENFORCE THE MARRIAGE SETTLEMENT AGREEMENT IN THE FORM OF A RULE TO SHOW CAUSE WITH NEW MATTER AND NOW, comes the Plaintiff-Respondent, Mary M. Davey, by her attorneys, Snelbaker, Brenneman and Spare, P.C., and answers the Petition to Enforce the Marriage Settlement Agreement as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the October 12, 2000 agreement identifies taxable Oppenheimer Funds account nos. 3313310560450 and 7017010826045. It is denied that there is an account number of 271271000749910 as mentioned in Defendant's Petition. On the contrary, it is averred that the correct account number is 2712710074910. It is denied that the three accounts total approximately $20,535.00. On the contrary, it is averred that as of October 12, 2000 the three accounts totaled $22,448.49. 4. Admitted. By way of further response, it is averred that Defendant made no effort LAW OFFICES SNELBAKER, BRENNEMAN & SPARE to have these funds transferred into Plaintiff's name. 5. Admitted in part and denied in part. It is admitted that on or about October 18, 2000 Plaintiff transferred the funds awarded to her from mutual fund investments to a more stable money market account. It is denied that the actions of Plaintiff were without prior coordination, consultation or approval of the Defendant. On the contrary, it is averred that a material part of the negotiations between Plaintiff and Defendant on October 12, 2000 involved Plaintiff s concerns that the investment accounts to be awarded to her were invested in mutual funds at a time when the stock market was declining in value. At said negotiations, Plaintiff's concerns were described and Defendant pledged his cooperation in transferring said investment accounts to Plaintiff's name and/or to transferring the accounts to less volatile investment vehicles such as cash reserve accounts or money market accounts until such time as the funds could be transferred into Plaintiff s name. 6. Admitted in part and denied in part. It is admitted that Plaintiffs conduct of changing the investment vehicle from mutual funds to money market accounts triggered a capital gain on those investments. It is admitted that the capital gains are currently in dispute. It is denied that the capital gains in dispute total $9,562.00. 7. Denied. It is denied that Plaintiff s counsel first notified the Defendant's counsel about the capital gains consequences on or about October 19, 2000 outlining the fact that Plaintiff, Mary Davey, unilaterally liquidated these mutual funds creating a capital gains situation of approximately $9,562.00. 8. The averment contained in paragraph 8 is unclear and nonsensical and therefore, no response is required. 9. Admitted in part and denied in part. It is admitted that on or about January 25, LAW OFFICES SNELBAKER. BRENNEMAN 8t SPARE 2001 Defendant's counsel sent a letter outlining his proposal regarding options to resolve the capital gains issue. It is denied that Plaintiff by and through her attorney refuses to accept responsibility for the capital gains and is insisting that the capital gains be declared and paid by 2 the Defendant. On the contrary, Plaintiff s counsel responded to the January 25, 2001 correspondence by letter dated February 12, 2001 outlining a comprehensive settlement proposal to dispose of the numerous remaining economic issues between the parties. Plaintiff's counsel never received a response from Defendant's counsel regarding the settlement proposal. When Plaintiff's counsel telephoned Defendant's counsel in early March 2001 to inquire as to the status of the matter, he was told that a Petition would be filed in the near future. 10. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that the Defendant, through his tax accountant, has prepared copies of his individual 1040, the first reflecting the capital gains payment under his name, and secondly showing the tax payment without the capital gains. Therefore, same is deemed to be denied and strict proof thereof is demanded at trial. It is admitted that copies of some draft tax returns are attached as Exhibit B. 11. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that the Defendant is now responsible for $2,226.00 in taxes due to the IRS or that Defendant will be responsible for state income tax of 2.8% to be calculated based upon the capital gains of $9,562.00. 12. Admitted. 13. After reasonable investigation, Plaintiff is without knowledge or information LAW OFFICES SNELBAKER. BRENNEMAN & SPARE sufficient to form a belief as to the truth of the averment that Plaintiff's conduct and subsequent denial of liability is creating a financial hardship on the Defendant in that he cannot afford to pay the capital gains for the Plaintiff's misconduct and adversely impacting on Defendant's ability to obtain financial aid for parties college bound daughter. Therefore, the same is deemed to be denied and strict proof thereof is demanded at trial. 3 WHEREFORE, Plaintiff respectfully requests your Honorable Court to deny the relief requested by Defendant and to direct that the capital gains issue be addressed by the Divorce Master along with the other economic issues remaining between the parties. COUNT II RESPONSE TO PETITION TO ENFORCE THE MARRIAGE SETTLEMENT AGREEMENT AS IT RELATES TO THE EDUCATION FUNDS FOR HILLARY DAVEY 14. Plaintiffs responses to paragraphs 1 through 13 above are incorporated herein by reference thereto. 15. Denied. It is denied that by agreement the parties stipulated that the joint funds of approximately $7,200.00 would be in a joint account to be used for the daughter's educational needs. On the contrary, the parties' agreement as to the $7,200.00 fund referenced by Defendant is set forth in Paragraph 12 of the October 12, 2000 agreement. Paragraph 12 provides: "The parties recognize that during the marriage they accumulated funds in a Certificate of Deposit held with Fulton Bank with a face amount value of $4,300.00 that accumulated $4,386.00 worth of interest up to the time it was cashed by Hillary in early 2000. Those funds have been spent in part by Hillary in the amount of approximately $1,400.00 which results in an account balance of approximately $7,200.00 plus any interest accrued since the time of deposit into an account in the name of William Davey. The parties agree that the account will be transferred from William Davey's name only to an account titled as William Davey and Mary Davey and those funds will be used upon agreement of the parties for the benefit of Hillary." 16. Admitted. 17. Admitted. 18. Denied. After reasonable investigation, Plaintiff is without knowledge or LAW OFFICES SNELBAKER. BRENNEMAN & SPARE information sufficient to form a belief as to the truth of the averment that subsequently the Defendant has incurred additional educational expenses for the parties' daughter. Therefore, same is deemed to be denied and strict proof thereof is demanded at trial. 4 19. Denied. It is denied that on or about February 12, 2001, Plaintiff by and through her counsel indicated that she wanted half of the money to be allocated to her. On the contrary, it is averred that as part of an overall settlement proposal in this case, Plaintiff proposed as follows: "Third, all accounts currently held in joint names for the benefit of Hillary would be divided equally between Bill and Mary. All such accounts would remain titled for Hillary's benefit, but would be held one-half in Bill's name for Hillary's benefit and one- half in Mary's name for Hillary's benefit. In this way, each parent could make his or her own decisions regarding how to best spend the funds for Hillary's benefit. We believe this method of benefiting Hillary would be best for all parties involved." 20. Denied. It is denied that the Plaintiff has refused two prior request to disburse the money necessary to insure that the parties' minor child is allowed to apply to colleges. On the contrary, it is averred that Hillary has been allowed to apply for admission to colleges and, has in fact, been accepted at Philadelphia University. By way of further response, it is averred that Paragraph 10 of the October 12, 2000 agreement identifies two accounts in the name of William Davey as custodian for Hillary under the Uniform Transfers to Minors Act with a total value in excess of $16,500.00. Defendant could utilize these funds for items which he believes are in Hillary's best interests. WHEREFORE, Plaintiff respectfully requests your Honorable Court to deny the relief LAW OFFICES SNELBAKER. BRENNEMAN & SPARE sought by Defendant and to either allow the funds to be used upon agreement of the parties as stipulated in the October 12, 2000 agreement or to order that the account be equally divided between the parties to be held in their separate names for the benefit of Hillary. NEW MATTER AND NOW, comes the Plaintiff-Respondent, Mary M. Davey, and avers the following new matter in response to Defendant's Petition as follows: 5 21. Among the economic issues remaining to be resolved between the parties are disposition and valuation of tangible personal property, interest claimed to be due on the $25,000.00 payment for the time period of December 11, 2000 to mid-February 2001 when the ment was received each art 's claims for attorne s fees for events occurrin after the PaY ~ p Y Y g October 12, 2000 agreement and the handling of funds accumulated for the benefit of the parties' daughter, Hillary. 22. All of the economic issues referenced in the foregoing Paragraph between the parties cannot be resolved in the hearing scheduled for March 22, 2001. 23. The amounts of capital gains taxes set forth in Defendant's Petition are inaccurate. It may require additional review and analysis by qualified tax professionals to determine the correct amount of capital gains taxes due and owing. 24. Based upon an error in Defendant's capital gains calculations, it is believed that the capital gains resulting from the transfer of funds is closer to $7,938.00 rather than the amount of $9,562.00 claimed by Defendant. 25. During negotiations on October 12, 2000, Plaintiff and her counsel made it very LAW OFFICES SNELBAKER, BRENNEMAN 8c SPARE clear that she was concerned about the volatility of the stock market and requested Defendant's cooperation in promptly transferring funds from his name to her name, or, in the alternative, transferring the funds from mutual funds to less volatile money market accounts or cash reserves. During the October 12, 2000 negotiations, Defendant and his counsel pledged to cooperate with Plaintiff to address her concerns regarding the volatility of the stock market and transfer of the funds to her name and to less volatile investment vehicles. Despite said pledges of cooperation, Defendant did not cooperate in transferring the funds. 6 26. Although Plaintiff did direct Oppenheimer funds to change the investment vehicle of certain accounts from mutual funds to money market accounts, she did so without the intent to ~~ cause any adverse tax consequences to Defendant. 27. As this Court is aware from the December 11, 2000 hearing in this case, Defendant failed and refused to cooperate with Plaintiff to obtain the transfer of the funds in Individual Retirement Accounts from the mutual fund investments to less volatile money market accounts. Rather, Defendant claimed that he was entitled to retain portions of the IRA's even after they had been awarded to Plaintiff. ACCOUNTS FOR THE BENEFIT OF THE PARTIES' DAUGHTER 28. Defendant should have at his disposal for use for the benefit of Hillary, Uniform Transfers to Minors Act Funds identified in Paragraph 10 of the October 12, 2000 Settlement Agreement. The total amount available for Defendant's use for the benefit of Hillary was in excess of $16,500.00 as of October 11, 2000. 29. On several occasions during the divorce action, Plaintiff has indicated a willingness to place one-half of all funds for Hillary's benefit in her name and one-half of all said funds in Defendant's name because she believed it would be best to have each parent decide independently how to use those funds. Those reasonable offers have been ignored or rejected by Defendant. 30. Defendant did not pay the $25,000.00 payment due to Plaintiff within the sixty- LAW OFFICES SNELBAKER. BRENNEMAN Bt SPARE day timeframe set forth in the October 12, 2000 Settlement Agreement. Rather said payment was only made in mid-February after numerous efforts by Plaintiff's counsel to reach a mutually satisfactory alternative to additional litigation. 7 31. The parties entered into a January 30, 2001 agreement entitled "Addendum to October 12, 2000 Agreement. 32. In the interest of judicial economy, the remaining economic issues between the parties should be decided by the Divorce Master. WHEREFORE, Plaintiff-Respondent, Mary M. Davey, respectfully requests your Honorable Court to deny the relief requested by Defendant and to order and direct the remaining ~ economic issues between the parties to be resolved by the Divorce Master. Respectfully submitted, Snelbaker, Brenneman & Spare, P.C. By: hilip .Spar squire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff-Respondent, Mary M. Davey Date: March 22, 2001 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 8 VERIFICATION I verify that the statements made in the foregoing Plaintiff's Answer to Defendant's ition to Enforce the Marriage Settlement Agreement in the Form of a Rule to Show Cause ith New Matter 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. ~ ~. M. Davey Dated: March ~ ~ , 2001. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Plaintiff s Answer to Defendant's Petition to Enforce the Marriage Settlement Agreement in the Form of a Rule to Show Cause with New Matter upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 ~~ `~', Philip H. pare, squire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff-Respondent, Mary M. Davey Date: March 22, 2001. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE r MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98 - 272 CIVIL WILLIAM W. DAVEY, . Defendant IN DIVORCE THE MASTER: Today is Thursday, October 12, 2000. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Mary M. Davey, and her counsel Philip H. Spare, and the Defendant, William W. Davey, and his counsel Austin F. Grogan. This action was commenced by the filing of a divorce complaint on January 20, 1998. The complaint raised grounds for divorce of irretrievable breakdown of the marriage. Counsel have provided the Master with signed affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties so that the divorce can be concluded under Section 3301(c~ of the Domestic Relations Code. The Master will file the affidavits and waivers along with an affidavit of service which was given to the Master by Mr. Spare. These documents will be filed with the Prothonotary. The complaint also raised the economic claim of equitable distribution. No claims have been raised for alimony or counsel fees and expenses. The parties were married on June 20, 1970, and separated October 25, 1997. They are the natural parents of one child, Hillary T. Davey, born April 6, 1983, who is in the custody of the husband. The Master has been advised that after considerable negotiations this morning the parties have reached an agreement with respect to the equitable distribution claim raised in the complaint. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and given to counsel to review for typographical errors. After any corrections of typographical errors have been made, the parties and counsel will be asked to sign the agreement affirming the terms of settlement as placed on the record. It is noted, however, that even though there is no signature by the parties and counsel, the agreement as stated on the record will be considered binding on the parties when they leave the hearing room today. After the agreement has been returned to the Master, the Master will file an order with the Court requesting the Court to vacate his appointment. Counsel will then be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Spare. MR. SPARE: The parties have agreed as follows: 1. The marital home with an address of 703 Charles Street, Mechanicsburg, Pennsylvania, has a value of $141,000.00. There is a remaining balance on the mortgage as a lien against the marital home in the amount of $4,940.00 as of October 11, 2000. 2. Mary Davey's retirement benefit from her former employer, Pennsylvania Blue Shield has a present value of $ 8, 971.07 . 3. William Davey's retirement benefit from the federal government as his employer has a present value of $31,159.00. 4. There are two automobiles that were marital property, a 1990 Oldsmobile Cutlass with an agreed to value of $1,000.00, that would be in the custody of Mary Davey, and a 1980 Audi 5000 with a value of $1,000.00 that is in William Davey's custody. 5. The parties had several Harris Savings account at the time of separation, one checking account, No. 1800008179 with value of $4,862.04. Mary Davey kept custody of that account. 6. There was a Saver's Advantage account, No. 1860000991 which was split equally at the time of separation. Both parties received $15,483.00. 7. There was a checking account at Harris that William kept custody of, account No. 11900019838 with a balance of $970.00 at the time of separation. 8. William also kept a Harris Savings account, No. 11860006303 with a balance of $2,880.51 at the time of separation. 9. The parties have numerous accounts held with the investment firm of Oppenheimer as follows: There is an IRA held in Mary's name only, account No. 700703597627.* The account value as of October 11, 2000, in that account was $13,219.45. The parties have stipulated that Mary made three separate post-separation contributions to her IRA in the amount of $2,000.00 each for a total of post-separation contribution of $6,000.00 resulting in the net marital value of the previously stated IRA account at $7,219.45. There is an Oppenheimer account, No. 7007003423409 which is an IRA held in the name of William Davey with a value of $7,132.51 as of October 11, 2000. There is another Oppenheimer account held as an IRA in the name of William Davey, account No. 7017010728794 with a value of $38,958.63 as of October 11, 2000. There is an IRA held in the name of William Davey, account No. 4214210691966 with a value of $41,492.22 as of October 11, 2000. There is a jointly owned mutual fund account, No. 3313310560450 in the name of William Davey and Mary Davey, joint tenants with right of survivorship in the amount of $7,736.21 as of October 11, 2000. There is an Oppenheimer account in joint names with William Davey and Mary Davey as joint tenants with right of survivorship, account No. 2712710074910 with a value of $8,089.69 as of October 11, 2000. There is a mutual fund in the name of William Davey and Mary Davey as joint tenants with right of survivorship, account No. 7017010826045 with an account balance of $6,622.59 as of October 11, 2000. 10. The parties recognize that during the marriage they accumulated funds which they intended to set aside for the college education of their daughter Hillary. Those funds have been placed in Oppenheimer fund accounts in the name of William Davey as custodian for Hillary under the Uniformed Transfers to Minors Act, account No. 5015010133628 with a value of $7,611.88 as of October 11, 2000. The second account, also held under the Uniformed Transfers to Minors Act with William Davey as custodian for Hillary, account No. 7017010826397 has a value of $8,933.14. 11. The parties stipulate that Mary Davey is entitled to a credit for the rental value of the marital home from the time of November 1997 through October 2000 in the net amount of $5,000.00. 12. The parties recognize that during the marriage they accumulated funds in a certificate of deposit held with Fulton Bank with a face amount value of $4,300.00 that accumulated $4,386.00 worth of interest up until the time it was cashed by Hillary in early 2000. Those funds have been spent in part by Hillary in the amount of approximately $1,400.00 which results in an account balance of approximately $7,200.00 plus any interest accrued since the time of deposit into an account in the name of William Davey. The parties agree that that account will be transferred from William Davey's name only to an account titled as William Davey and Mary Davey and those funds will be used upon agreement of the parties for the benefit of Hillary. 13. This agreement does not take into account the value of personal property which will be the subject of further negotiations later today. 14. Based upon the foregoing marital assets that have been described, the parties have agreed as follows: Mary Davey has received the Harris Savings account in the amount of $4,862.04; William Davey has received the Harris Savings account in the amount of $970.00; William Davey has received the Harris Savings account in the amount of $2,680.00; William Davey will retain his pension with a present value of $31,159.00; William Davey will be awarded the marital home subject to the lien of mortgage that was described previously; Mary Davey will receive the present value of her pension benefits from her former employment, Pennsylvania Blue Shield; Mary Davey will receive all of the IRAs in the Oppenheimer accounts that were described previously; Mary Davey will receive all of the accounts held in Oppenheimer funds that were described as mutual funds owned as joint tenants with right of survivorship. 15. There will be a $25,000.00 cash payment made from William Davey to Mary Davey, as part of this agreement. That payment shall be made upon William Davey obtaining the cash, most probably through refinancing of the marital home. The r deed to the marital home will pass to William from Mary at the time of the refinancing or payment of the $25,000.00 cash payment. We stipulate that William Davey will have sixty (60) days from today's date to accomplish the refinancing necessary to make the $25,000.00 payment to Mary Davey. If the refinancing or the payment does not occur within sixty (60) days from today's date, we will all agree to come back before the Master as soon as possible to iron out any details that might need to be addressed at that time. THE MASTER: The Master will not vacate his appointment until he has been notified by counsel that the financing has been accomplished, the deed delivered, and the payment of money made to wife. MR. GROGAN: 16. Mary Davey is aware of the fact that she is waiving her interest in William Davey's military pension and will sign the necessary paperwork to waive her interest in the military pension benefits. 17. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SPARE: Mary, were you present as we spoke here today on the record regarding the existence and distribution of marital property? r w ! . MS. DAVEY: Yes. MR. SPARE: Do you have any objections to either the descriptions of the marital property or the distribution thereof as described today on the record? MS. DAVEY: No. MR. SPARE: Is there anything that you would like to add to the record at this time? MS. DAVEY: No. MR. GROGAN: Bill, were you present during the making of this stipulation on the record? MR. DAVEY: Yes, sir. MR. GROGAN: Did you listen to everything? MR. DAVEY: Yes, sir. MR. GROGAN: Do you understand what you are agreeing to do by this agreement? MR. DAVEY: Yes, sir. MR. GROGAN: Do you have any questions about it? MR. DAVEY: No, sir. MR. GROGAN: Do you have any questions about the retirement benefits that you want to raise regarding your military retirement? MR. DAVEY: I think we covered those. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of .~ • _ settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ~~, n /d /~ G' il' H. pare Attorney for Plaintiff i - ~ ~- /~- ~ z r Austin F. Grogan Attorney for Lief ndant ~ ~~ r Mary M Davey i ~ ~~ /. William W. Davey L.__._ . * AT TIME OF SEPARATION, THE IRA HELD IN MARY'S NAME WITH OPPENHEIMER WAS 700703597627. SINCE SEPARATION, THE ACCOUNT NUMBER HAS BEEN CHANGED TO 7007008067928. L ~..~ MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF PETITIONER :CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM W. DAVEY, RESPONDENT 98-0272 CIVIL TERM ORDER OF COURT AND NOW, this ~ ~ ~~ day of December, 2000, IT IS ORDERED: (1) Respondent shall immediately transfer all of the individual retirement accounts set forth in their agreement of October 12, 2000, into investments in petitioner's name as selected by petitioner.' (2) Respondent shall immediately establish a joint savings account with petitioner as set forth in their agreement to include the principal and any interest accrued on the account that was created in respondent's name only. (3) All further relief requested by petitioner, IS DENIED.2 We find that on October 12, 2000, the date of the parties' agreement, petitioner became the owner of the individual retirement accounts. Thereafter, respondent was simply under an obligation, pursuant to paragraph 17 of the agreement, to transfer the accounts as requested by petitioner. As of the date of the agreement, the risk or loss of the investments rested with petitioner consistent with respondent complying with his obligation to transfer the investments as petitioner directed. Respondent would be unjustly enriched if he is allowed to keep a portion of the earnings on the IRAs after they became the property of petitioner on October 12, 2000. See Barrick v. Agar, 93-0559, slip opinion filed April 29, 1999. 2 We decline to award counsel fees under 23 Pa.C.S. Section 3502(e) given the nature of the dispute as to the individual retirement accounts. r -~. Philip Spare, Esquire For Petitioner Austin Grogan, Esquire For Respondent :saa J ~r By the Court, , ,,% ,- ~~~ Edgar B. Bayley, J. ~~~ ~ 12-13.OU RKs i ]r1 j~..ry~ ;,~ (~ ~~r - ~ ~ .... , . ~ ~, w MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 98 - 272 CIVIL WILLIAM W. DAVEY, Defendant IN DIVORCE THE MASTER: Today is Thursday, October 12, 2000. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Mary M. Davey, and her counsel Philip H. Spare, and the Defendant, William W. Davey, and his counsel Austin F. Grogan. This action was commenced by the filing of a divorce complaint on January 20, 1998. The complaint raised grounds for divorce of irretrievable breakdown of the marriage. Counsel have provided the Master with signed affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master will file the affidavits and waivers along with an affidavit of service which was given to the Master by Mr. Spare. These documents will be filed with the Prothonotary. The complaint also raised the economic claim of equitable distribution. No claims have been raised for alimony or counsel fees and expenses. The parties were married on June 20, 1970, and separated October 25, 1997. They are the natural parents of one child, Hillary T. Davey, born April 6, 1983, who is in the custody of the husband. The Master has been advised that after considerable negotiations this morning the parties have reached an agreement with respect to the equitable distribution claim raised in the complaint. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and given to counsel to review for typographical errors. After any corrections of typographical errors have been made, the parties and counsel will be asked to sign the agreement affirming the terms of settlement as placed on the record. It is noted, however, that even though there is no signature by the parties and counsel, the agreement as stated on the record will be considered binding on the parties when they leave the hearing room today. After the agreement has been returned to the Master, the Master will file an order with the Court requesting the Court to vacate his appointment. Counsel will .. then be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Spare. MR. SPARE: The parties have agreed as follows: 1. The marital home with an address of 703 Charles Street, Mechanicsburg, Pennsylvania, has a value of $141,000.00. There is a remaining balance on the mortgage as a lien against the marital home in the amount of $4,940.00 as of October 11, 2000. 2. Mary Davey's retirement benefit from her former employer, Pennsylvania Blue Shield has a present value of $ 8, 971.07 . 3. William Davey's retirement benefit from the federal government as his employer has a present value of $31,159.00. 4. There are two automobiles that were marital property, a 1990 Oldsmobile Cutlass with an agreed to value of $1,000.00, that would be in the custody of Mary Davey, and a 1980 Audi 5000 with a value of $1,000.00 that is in William Davey's custody. 5. The parties had several Harris Savings account at the time of separation, one checking account, No. 1800008179 with value of $4,862.04. Mary Davey kept custody of that account. 6. There was a Saver's Advantage account, No. 1860000991 which was split equally at the time of separation. Both parties received $15,483.00. 7. There was a checking account at Harris that William kept custody of, account No. 11900019838 with a balance of $970.00 at the time of separation. 8. William also kept a Harris Savings account, No. 11860006303 with a balance of $2,880.51 at the time of separation. 9. The parties have numerous accounts held with the investment firm of Oppenheimer as follows: There is an IRA held in Mary's name only, account No. 700703597627.* The account value as of October 11, 2000, in that account was $13,219.45. The parties have stipulated that Mary made three separate post-separation contributions to her IRA in the amount of $2,000.00 each for a total of post-separation contribution of $6,000.00 resulting in the net marital value of the previously stated IRA account at $7,219.45. There is an Oppenheimer account, No. 7007003423409 which is an IRA held in the name of William Davey with a value of $7,132.51 as of October 11, 2000. There is another Oppenheimer account held as an IRA in the name of William Davey, account No. 7017010728794 with a value of $38,958.63 as of October 11, 2000. There is an IRA held in the name of William Davey, account No. 4214210691966 with a value of $41,492.22 as of October 11, 2000. There is a jointly owned mutual fund account, No. 3313310560450 in the name of William Davey and Mary Davey, joint tenants with right of survivorship in the amount of $7,736.21 as of October 11, 2000. There is an Oppenheimer account in joint names with William Davey and Mary Davey as joint tenants with right of survivorship, account No. 2712710074910 with a value of $8,089.69 as of October 11, 2000. There is a mutual fund in the name of William Davey and Mary Davey as joint tenants with right of survivorship, account No. 7017010826045 with an account balance of $6,622.59 as of October 11, 2000. 10. The parties recognize that during the marriage they accumulated funds which they intended to set aside for the college education of their daughter Hillary. Those funds have been placed in Oppenheimer fund accounts in the name of William Davey as custodian for Hillary under the Uniformed Transfers to Minors Act, account No. 5015010133628 with a value of $7,611.88 as of October 11, 2000. The second account, also held under the Uniformed Transfers to Minors Act with William Davey as custodian for Hillary, account No. 7017010826397 has a value of $8,933.14. 11. The parties stipulate that Mary Davey is entitled to a credit for the rental value of the marital home from the time of November 1997 through October 2000 in the net amount of $5, 000.00. 12. The parties recognize that during the marriage they ~, accumulated funds in a certificate of deposit held with Fulton Bank with a face amount value of $4,300.00 that accumulated $4,386.00 worth of interest up until the time it was cashed by Hillary in early 2000. Those funds have been spent in part by Hillary in the amount of approximately $1,400.00 which results in an account balance of approximately $7,200.00 plus any interest accrued since the time of deposit into an account in the name of William Davey. The parties agree that that account will be transferred from William Davey's name only to an account titled as William Davey and Mary Davey and those funds will be used upon agreement of the parties for the benefit of Hillary. 13. This agreement does not take into account the value of personal property which will be the subject of further negotiations later today. 14. Based upon the foregoing marital assets that have been described, the parties have agreed as follows: Mary Davey has received the Harris Savings account in the amount of $4,862.04; William Davey has received the Harris Savings account in the amount of $970.00; William Davey has received the Harris Savings account in the amount of $2,680.00; William Davey will retain his pension with a present value of $31,159.00; William Davey will be awarded the marital home subject to the lien of mortgage that was described previously; Mary Davey will receive the present value of her pension benefits from her former employment, Pennsylvania Blue Shield; Mary Davey will receive all of the IRAs in the Oppenheimer accounts that were described previously; Mary Davey will receive all of the accounts held in Oppenheimer funds that were described as mutual funds owned as joint tenants with right of survivorship. 15. There will be a $25,000.00 cash payment made from William Davey to Mary Davey, as part of this agreement. That payment shall be made upon William Davey obtaining the cash, most probably through refinancing of the marital home. The A ~ r ~ L deed to the marital home will pass to William from Mary at the time of the refinancing or payment of the $25,000.00 cash payment. We stipulate that William Davey will have sixty (60) days from today's date to accomplish the refinancing necessary to make the $25,000.00 payment to Mary Davey. If the refinancing or the payment does not occur within sixty (60) days from today's date, we will all agree to come back before the Master as soon as possible to iron out any details that might need to be addressed at that time. THE MASTER: The Master will not vacate his appointment until he has been notified by counsel that the financing has been accomplished, the deed delivered, and the payment of money made to wife. MR. GROGAN: 16. Mary Davey is aware of the fact that she is waiving her interest in William Davey's military pension and will sign the necessary paperwork to waive her interest in the military pension benefits. 17. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SPARE: Mary, were you present as we spoke here today on the record regarding the existence and distribution of marital property? r ~, MS. DAVEY: Yes. MR. SPARE: Do you have any objections to either the descriptions of the marital property or the distribution thereof as described today on the record? MS. DAVEY: No. MR. SPARE: Is there anything that you would like to add to the record at this time? MS. DAVEY: No. MR. GROGAN: Bill, were you present during the making of this stipulation on the record? MR. DAVEY: Yes, sir. MR. GROGAN: Did you listen to everything? MR. DAVEY: Yes, sir. MR. GROGAN: Do you understand what you are agreeing to do by this agreement? MR. DAVEY: Yes, sir. MR. GROGAN: Do you have any questions about it? MR. DAVEY: No, sir. MR. GROGAN: Do you have any questions about the retirement benefits that you want to raise regarding your military retirement? MR. DAVEY: I think we covered those. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of •" ~ r .. settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: il' H, pare Mary M Davey Attorney for Plaintiff Austin F. Grog William W. Davey ~,,:~~--°-" Attorney for of ndant / * AT TIME OF SEPARATION, THE IRA HELD IN MARY'S NAME WITH OPPENHEIMER WAS 700703597627. SINCE SEPARATION, THE ACCOUNT NUMBER HAS BEEN CHANGED TO 7007008067928. MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVEY, Defendant -19- 9~ 1C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(b) TO: E. ROBERT ELICKER, II, DIVORCE MASTER: AND NOW, comes the Plaintiff, MARY M. DAVEY, by her attorneys, Snelbaker, Brenneman & Spare, P. C., and submits the following pursuant to Pa.R.C.P. 1920.33(b) and Divorce Master Elicker's letter of February 22, 1999. I. INTRODUCTION - BACKGROUND The following significant dates are submitted: June 20, 1970: The parties were married. October 25, 1997: Date of separation. January 20, 1998: Mary M. Davey files divorce complaint. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II. STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(bl The following material corresponds by paragraph designation in accordance with the system of Pa.R.C.P. 1920.33(b): (1) LIST OF ASSETS (i) Marital assets (a) Marital residence at 703 Charles Street, Mechanicsburg, Pennsylvania. 1 Value: Plaintiff believes the home has a value of approximately $150,000.00. Home to be formally appraised as needed. Monthly mortgage payments of $478.36 to Harris Savings Bank. Fair market rental value to be determined. (b) Household goods, furnishings, miscellaneous tangible personal property, etc. Value: to be appraised as needed. (c) Motor vehicles: 1. 1990 Oldsmobile Cutlass. Driven by Mary. 2. 1980 Audi 5000. Driven by William. Value: to be appraised as needed. (d) & (e) Intangible personal property: MUTUAL FUNDS 1. Oppenheimer Main Street Income & Growth Fund A. Account No. 700 7003 597627. IRA for benefit of Mary M. Davey . Value as of 12/7/98: $7,879.78. $2,000.00 contribution post-separation on 4/6/98. (PX-1) 2. Oppenheimer Main Street Income & Growth Fund B. Account No. 701 7010 728794. IRA for benefit of William W. Davey. Value as of 12/7/98: $33,115.89. (PX-2) 3. Oppenheimer Main Street Income & Growth Fund A. Account No. 700 7003 423409. IRA for benefit of William W. Davey. Value as of 12/7/98: $5,974.09. (PX-3) LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 4. Oppenheimer Total Return Fund, Inc. B. Account No. 421 4210 691966. IRA for benefit of William W. Davey. Value as of 12/7/98: $33,372.99. (PX-4) 2 5. Oppenheimer Main Street Income & Growth Fund B. Account No. 701 7010 826045. William W. Davey and Mary M. Davey JTWROS. Value as of 12/7/98: $5,626.45 (PX-5) 6. Oppenheimer Global Fund B. Account No. 331 3310 560450. William W. Davey and Mary M. Davey JTWROS. Value as of 12/7/98: $4,612.40. (PX-6) 7. Oppenheimer Growth Fund B. Account No. 271 2710 074910. William W. Davey and Mary M. Davey JTWROS. Value as of 12/7/98: $4,960.74. (PX-7) 8. Oppenheimer Main Street Income & Growth Fund B. Account No. 701 7010 826397. William W. Davey Custodian for benefit of Hillary T. Davey. UTMA PA. Value as of 12/7/98: $7,589.49. (PX-8) 9. Oppenheimer Discovery Fund B. Account No. 501 5010 133628. William W. Davey Custodian for benefit of Hillary T. Davey. UTMA PA. Value as of 12/7/98: $5,238.37. (PX-9) CHECKING & SAVINGS ACCOUNTS 10. Checking account at Harris Savings Bank Account No. 1800008179. Value as of 11/9/97: $4,862.04. 11. Saver's Advantage account at Harris Savings Bank Account no. 1860000991. Value as of 11/9/97 $30,967.07. Plaintiff withdrew $15,483.54 on 11/18/97. 12. Money Market Account at Harris Savings Bank Account No. 1805000775. In both names ITF Hillary Davey. Value: to be determined. 13. Second checking account at Harris Savings Bank. Value as of 9/7/97: $1516.71. Also includes a Savings account component with a separate value unknown to Plaintiff. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE (ii) Non-marital assets in possession of Plaintiff: 3 Minor tangible and intangible personal property accumulated since date of separation to be determined and compiled as needed. (2) IDENTIFICATION OF EXPERT WITNESSES None at this time. Plaintiff may engage the services of a real estate appraiser as needed. Plaintiff reserves the right to call other expert witnesses as needed. (3) IDENTIFICATION OF OTHER WITNESSES Plaintiff's only non-expert witness at this time is herself. However, Plaintiff reserves the right to call other witnesses as needed depending upon.Defendant's Pretrial Statement and his position as to the existence and value of marital assets and debts. (4) LIST OF EXHIBITS Plaintiff proposes to produce at trial the following exhibits identified as Plaintiff's Exhibits by the abbreviation "PX". Copies of the following exhibits are attached to this statement: LAW OFFICES SNELBAKER. BRENNEMAN & SPARE PX-1 to PX-9 Copies of Oppenheimer Funds Account Statements dated 12/7/98. One for each of the separate funds set forth hereinabove. PX-10 Harris Savings Bank Statement dated 11/8/97. PX-11 Harris Savings Bank printoff dated 11/21/97. PX-12 Harris Savings Bank Statement dated 12/20/95. PX-13 Copy of check stub No. 1807919 dated 11/18/97 for withdrawal from Harris Savings Bank. 4 Plaintiff reserves the right to supplement this list of exhibits as needed and as documents become available to her. (5) PLAINTIFF'S INCOME See attached Income and Expense Statement from Domestic Relations Section case updated as of 3/16/99. (6) PLAINTIFF'S EXPENSES See attached Income and Expense Statement. (7) RETIREMENT/PENSION BENEFITS (a) Plaintiff has a retirement benefit of unknown present value from her former employer, Pennsylvania Blue Shield. She last worked there in 1983. The plan may be valued as needed. (b) Defendant has significant retirement benefits of unknown present value accumulated through his employer, the U.S. Department of Defense. The benefits may be valued as needed. (8) COUNSEL FEES Plaintiff may seek counsel fees, costs and expenses in an amount to be determined. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE (9) TANGIBLE PERSONAL PROPERTY See above. 5 (10) MARITAL DEBT a. Note/Mortgage to Harris Savings Bank on marital residence in an amount unknown to Plaintiff. (11) PROPOSED RESOLUTION OF ECONOMIC ISSUES Reserving the right to alter this position in the future if it is necessary to proceed to a full Master's hearing, Plaintiff is currently willing to accept a settlement in order to resolve the economic issues as follows: Parties to retain most of the tangible personal property currently in his or her possession. Several items need to be returned to Plaintiff. Intangible personal property to be distributed on an equal basis. The marital home should be sold and the net proceeds distributed to the parties on an equal basis. Each party keeps the retirement benefits as provided by his or her employers or former employers. Respectfully Submitted, LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Date: March 19, 1999 SNELBAKER, BRENNEMAN & SPARE, P. C. By: Philip Sp e, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Mary M. Davey 6 ~~ Q~I111elIIlel'FUIl(~Sa I~~~III~~~III~~~~I~I~~I~I~~I~I~~I~~I~~I~I~~I~I~1~1~~~1~1~~1~11 01.010088.02.01-E1000119T52 RPSS TR IRA FBO MARY M DAVEY 1101 LINDHAM CT APT 602 MECHANICSBURG PA 17055-5422 Requested Copy . January 1, 1998 through December 7. 1998 Page 1 of 1 Your Financial Advisor RICHARD L HAMM, SUNPOINT SECURITIES INC 3497 INDUSTRIAL HWY YORK PA 17402-9051 717-755.1950 At Your Service Call Phonelink 24 hours a day, 7 days a week: 1-800-533-3310 Call Monday through Friday, 8:30am - 9:OOpm and Saturday, 10:OOam - 2:OOpm ET: • Customer Service: 1-800-525-7048 • Telephone Transactions: 1-800-852-8457 • TDO Hearing/Speech Impaired: 1-800-843-4461 Website: www.oppenheimerfunds.com Or write to OppenheimerFunds Services, P.O. Box 5270, ~. r Denver, CO 80217-5270. N 0 0 0 r O N O Oppenheimer Main Street Income & Growth Fund Class A Fund Value as of 12/07/1998 ~ Shares owned 199.0850 Account Number 700 7003597627 Share price $39.58 Market value $7,879.78 Account Regisdarion Year-to-Date Transaction Detail RPSS TR IRA F60 MARY M DAVEY Transaction Date Transaction Description Number of Shares Share Price DoNar Amount 03/06/98 1998 Annual Fee 0.281 $35.62 $10.00 03/12!98 Dividend Reinvested at .070000 per Share 0.285 $36.14 $10.30 04/06/98 Purchase (1997 Contribution) 50.942 $39.26 $2,000.00 06/11 /98 Dividend Reinvested at .055000 per Share 0.293 $37.20 $10.91 09/10/98 Dividend Reinvested at .067000 per Share 0.405 $32.90 $13.31 Activity Summary Beginning Account Value Purchases Reinvestments Redemptions Charge in Investment Value Ending Account Value $4,923.05 +2,000.00 +34.52 -10.00 +932.21 $7,879.78 Px-1 (Continued) ~~~ Oppenhe~imerFunds~ I~~~III~~~III~~~~I~I~~I~I~~II~~~II~~~~II~~~II~II~~~~~II~~~~III 01.010094.02.01-E1000119T58 RPSS TR IRA FBO WILLIAM W DAVEY 703 CHARLES ST MECHANICSBURG PA 17055-6633 requested Copy January 1, 1998 through December T, 1998 Page 1 of 1 Your Financial Advisor RICHARD L HAMM, SUNPOINT SECURITIES INC 3497 INDUSTRIAL HWY YORK PA 17402-9051 717-755-1950 • TDD Heanng/Speech Impaired: 1-800-843-4461 Website: www.oppenheimerfunds.com Or write to OppenheimerFunds Services, P.O. Box 5270, ~ Denver, CO 80217-5270. N At Your Service Call PhoneLink 24 hours a day, 7 days a week: 1-800-533-3310 Call Monday through Friday, 8:30am - 9:OOpm and Saturday, 10:OOam - 2:OOpm ET: • Customer Service: 1-800-525-7048 • Telephone Transactions: 1-800-852-8457 0 0 0 0 N O a Oppenheimer Main Street Income & Growth Fund Class B Fund Value as of 12/07/1998 Shares owned 842.8580 Account Number 701 7010728794 Share price $39.29 Market value $33,115.89 Account Registration Year-taDate Transaction Detail RPSS TR IRA FBO WILLIAM W DAVEY Transaction Transaction Number Share Dollar Date Description of Shares Price Amount 03/12/98 Dividend Reinvested at .010000 per Share 0.235 $35.94 $8.43 06/05/98 1998 Annual Fee 0.266 $37.62 $10.00 Activity Summary Beginning Account Value Purchases Reinvestments Redemptions Change in Investment Value Ending Account Value $27,983.91 0.00 +8.43 -10.00 +5,133.55 $33,115.89 PX-2 (Continued) ~~ oppenheimerFunds. I~~~III~~~III~~~~I~I~~I~I~~II~~~II~~~~II~~~II~II~~~~~II~~~~III 01.010093.02.01- E 1000119 7 5 7 RPSS TR IRA F60 WILLIAM W DAVEY 703 CHARLES ST MECHANICSBURG PA 17055-6633 requested Copy January 1, 1998 through December 7, 1998 Page 1 of 1 Your Financial Advisor RICHARD L HAMM, SUNPOINT SECURITIES INC 3497 INDUSTRIAL HWY YORK PA 17402-9051 717-755-1950 • TDD Heanng/Speech Impaired: 1-800-843-4461 Website: www.oppenheimerfunds.com ~_ Or write to OppenheimerFunds Services, P.O. Box 5270, ~ Denver, CO 80217-5270. y At Your Service Call PhoneLink 24 hours a day, 7 days a week: 1-800.533-3310 Call Monday through Friday, 8:30am - 9:OOpm and Saturday, 10:OOam - 2:OOpm ET: • Customer Service: 1-800-525-7048 • Telephone Transactions: 1-800-852-8457 S 0 0 N O Oppenheimer Main Street Income & Growth Fund Class A Fund Value as of 12/O7h998 ~ Shares owned 150.9370 Account Number Share price $39.58 700 7003423409 Market value $5,974.09 Account Registration Year-taDate Transactlon Detail RPSS TR IRA FBO WILLIAM W Transaction Transaction Number Share Dollar DAVEY Date Description of Shares Price Amount 03/12/98 Dividend Reinvested at .070000 per Share 0.291 $36.14 $10.51 06/11/98 Dividend Reinvested at .055000 per Share 0.222 $37.20 $8.27 09/10/98 Dividend Reinvested at .067000 per Share 0.307 $32.90 $10.09 Beginning Change in Ending Activity Summary Account Value Purchases Aeinvestments Redemptions Investment Value Account Value $5,012.41 0.00 + 28.87 0.00 + 932.81 $5,974.09 PX-3 (Continued) ~~o~ OppenheimerF~unds. I~~~III~~~III~~~~I~I~~I~I~~II~~~II~~~~II~~~II~II~~~~~II~~~~III 01.010091.02.01-E 1000119755 RPSS TR IRA FBO WILLIAM W DAVEY 703 CHARLES ST MECHANICSBURG PA 17055-6633 Requested Copy January 1, 1998 through December 7, 1998 Page 1 of 1 Your Financial Advisor RICHARD L HAMM, SUNPOINT SECURITIES INC 3497 INDUSTRIAL HWY YORK PA 17402-9051 717-755.1950 At Your Service Call PhoneLink 24 hours a day, 7 days a week: 1-800-533-3310 Call Monday through Friday, 8:30am - 9:OOpm and Saturday, 10:OOam - 2:OOpm ET: • Customer Service: 1-800-525-7048 • Telephone Transactions: 1-800-852-8457 • TDD Hearing/Speech Impaired: 1-800-843-4461 Website: www.oppenheimerfunds.com 0 Or write to OppenheimerFunds Services, P.O. Box 5270, o Denver, CO 80217-5270. N 0 0 0 r O N O r Oppenheimer Total Return fund, Inc. Class B Fund Value as of 12/07/1998 0 shares owned 2,682.7160 Account Number Share price $12.44 421 4210691966 Market value $33,372.99 Account Registration Year-to-Date Transaction Detail RPSS TR IRA FBO WILLIAM W Transaction TransacLon Number Share Dollar DAVEY pate Description of Shares Price Amount 03/17/98 Dividend Reinvested at .008000 per Share 1.791 $11.96 $21.42 06/16/98 Dividend Reinvested at .006000 per Share 1.346 $11.95 $16.08 09/15/98 Dividend Reinvested at .007000 per Share 1.665 $11.27 $18.77 Activity Summary Beginning Account Value Purchases Reinvestments Redemptions Change in Investment Value Ending Account Value $29,162.48 0.00 +56.27 0.00 +4,154.24 $33,372.99 Px-4 (Continued) ~~a~ OppenheimerFunds~ ~~~i~~~i~i~~~~~i~~i~i~~i~~~~~i~~~~~ii~~~i~~~~i~~i n u ~~ u~~~~~ 01.010095.02.01-E1000119759 WILLIAM W DAVEY & MARY M DAVEY JT TEN WROS NOT TC 703 CHARLES ST MECHANICSBURG PA 17055-6633 Requested Copy January 1, 1998 through December 7, 1998 Page 1 01 1 Your Financial Advisor RICHARD L HAMM, SUNPOINT SECURITIES INC 3497 INDUSTRIAL HWY YORK PA 17402-9051 717-755-1950 At Your Service Catl PhoneLink 24 hours a day, 7 days a week: 1-800-533-3310 Call Monday through Friday, 8:30am - 9:OOpm and Saturday, 10:OOam - 2:OOpm ET: • Customer Service: 1-800-525-7048 • Telephone Transactions: 1-800-852-8457 • TDD Hearing/Speech Impaired: 1-800-843-4461 6; Website: www.oppenheimerfunds.com Or write to OppenheimerFunds Services, P.O. Box 5270, ~ Denver, CO 80217-5270. H 0 0 0 s N O iri Oppenheimer Main Street Income & Growth fund Class B Account Number 701 7010826045 Account Repishation WILLIAM W DAVEY & MARY M DAVEY JT TEN WROS NOT TC Fund Value as of 12/07/1998 $ r Shares owned 143.2030 Share price $39.29 Market value $5,626.45 Year-to-Date Transaction Detail Transaction Transaction Number Share Dollar Date Description of Shares Price Amount 03/12/98 Dividend Reinvested at .010000 per Share 0.040 $35.94 $1.43 Bepinniny Change in Ending Activity Summary Account Value Purchases Reinvestments Redemptions Investment Value Accarnt Value $4,753.01 0.00 +1.43 0.00 +872.01 $5,626.45 PX-5 (Continued) OpnenheimerFunds. I~~~III~~~III~~~~I~I~~I~I~~II~~~II~~~~II~~~II~II~~~~~II~~~~III 01.010090.02.01-E1000119754 WILLIAM W DAVEY & MARY M DAVEY JT TEN WROS NOT TC 703 CHARLES ST MECHANICSBURG PA 17055-6633 Requested Copy January 1, 1998 through December 7, 1998 Page 1 of 1 Your Financial Advisor RICHARD L HAMM, SUNPOINT SECURITIES INC 3497 INDUSTRIAL HWY YORK PA 17402-9051 T17-755-1950 At Your Berries Call PhoneLink 24 hours a day, 7 days a week: 1-800-533-3310 Call Monday through Friday, 8:30am - 9:OOpm and Saturday, 10:OOam - 2:OOpm ET: • Customer Service: 1-800-525-7048 • Telephone Transactions: 1-800-852-8457 TDD H ' • eanng/Speech Impaired. 1-800-843-4461 Website: www.oppenheimerfunds.com Or write to OppenheimerFunds Services, P.O. Box 5270, S Denver, CO 80217-5270. ti S 0 0 CV O Oppenheimer Global Fund Class B Fund Value as of 12/07/1998 Shares owner! 116.2400 Account Number Share price $39.68 331 3310560450 Market value $4,612.40 Account Registration Year-to-Date Transaction Detail WILLIAM W DAVEY & MARY M DAVEY JT TEN WROS NOT ~sachon De~sc won oNS--ar~es Prr~ Am~ouln TC 12/03/98 Long-Term Capital Gain Reinvested at 2.396200 per Share 6.626 $38.94 $258.00 12/03/98 Short-Term Capital Gain Reinvested at .592750 per Share 1.639 $38.94 $63.82 12/03/98 Dividend Reinvested at .109360 per Share 0.303 $38.94 $11.78 Actfvity Sammary Beginning Account Value Purchases Reinvestments Redemptions Change in Investment Value Ending Account Value $4,321.95 0.00 +333.60 0.00 -43.15 $4,612.40 Px-6 (Continued) OppenheimerFunds~ i~~~lll~~~lll~~~~l~l~~l~l~~ll~~~ll~~~~ll~~~ll~ll~~~~~ll~~~~lll 01.010089.02.01-E1000119753 WILLIAM W DAVEY & MARY M DAVEY JT TEN WROS NOT TC 703 CHARLES ST MECHANICSBURG PA 17055-6633 Requested Copy . January 1, 1998 through December 7, 1998 Page 1 of 1 Your Financial Advisor RICHARD L HAMM, SUNPOINT SECURITIES INC 3497 INDUSTRIAL HWY YORK PA 17402-9051 717-755-1950 • TDD Hearing/Speech Impaired. 1-800-843-4461 Website: www.oppenheimerfunds.com Or write to OppenheimerFunds Services, P.O. Box 5270, ~ Denver, CO 80217-5270. N At Your Service Call Phonelink 24 hours a day, 7 days a week: 1-800-533-3310 Call Monday through Friday, 8:30am - 9:OOpm and Saturday, 10:OOam - 2:OOpm ET: • Customer Service: 1-800-525-7048 • Telephone Transactions: 1-800-852-8457 S 0 0 N O Oppenheimer Growth Fund Class B Fund Value as of 12/07/1998 0 Account Number Shares owned 135.1700 271 2710074910 Share price $36.70 Market value $4,960.74 Account Registration WILLIAM W DAVEY & MARY M DAVEY JT TEN WROS NOT TC Activity Summary Year-to-Date Transaction Detail Transaction Transaction Number Share Dollar Date Description of Shares Price Amount No Activity Beginning Change in Ending Account Value Purchases Reinvestments Redemptions Investment Value Account Value $4,612.00 0.00 0.00 0.00 + 348.74 $4,960.74 PX-~ (Continued) ~~~ OppenheimerF~unds. (~~~~~~iii~~~iin~i~n~~~ii~~~n~~nn~~~n~~~~~iii~i~~i~i~~~~ 01.010096.02.01-E1000119T60 WILLIAM W DAVEY CUST FBO HILLARY T DAVEY UNIF TRANS MIN ACT PA 703 CHARLES ST MECHANICSBURG PA 17055-6633 Requested Copy January 1, 1998 through December 7, 1998 Page 1 of 1 Your Financial Advisor RICHARD L HAMM, SUNPOINT SECURITIES INC 3497 INDUSTRIAL HWY YORK PA 17402-9051 717-755-1950 At Your Service Call PhoneLink 24 hours a day, 7 days a week: 1.800-533-3310 Call Monday through Friday, 8:30am - 9:OOpm and Saturday, 10:OOam - 2:OOpm ET: • Customer Service: 1-800-525-7048 • Telephone Transactions: 1-800-852-8457 • TDD Heanng/Speech Impaired. 1-800-843-4461 Website: www.oppenheimerfunds.com Or write to OppenheimerFunds Services, P.O. Box 5270, ~ Denver, CO 80217-5270. N 0 r O N O Dppenheimer Main S treet Income & Growth Fund Class B Fund Value as of 12/07/1998 S Shares owned 193.1660 Account Number Share price $39.29 701 7010826397 Market value $7,589.49 Account Registration Year-tO-Date Transaction Detail WILLIAM W DAVEY CUST FBO HILLARY T DAVEY UNIF Transaction Transaction Number Share Date Description of Shares Price Dollar Amount TRANS MIN ACT PA 03/12/98 Dividend Reinvested at .010000 per Share 0.054 $35.94 $1.93 Activity Summary Beginning Change in Account Value Purchases Reinvestments Redemptions Investment Value Ending Account Value $6,411.32 0.00 + 1.93 0.00 + 1,176.24 $7,589.49 PX-8 (Continued) ~~ ~PP~~imerFtiuidsm I~~~III~~~III~~~~I~I~~I~I~~II~~~II~~~~II~~~II~II~~~~~II~~~~III 01.010092.02.01-E1000119756 WILLIAM W DAVEY CUST F60 HILLARY T DAVEY UNIF TRANS MIN ACT PA 703 CHARLES ST MECHANICSBURG PA 17055-6633 Requested Copy . January 1, 1998 through December 7, 1996 Page 1 of 1 Your Flnancial Advisor RICHARD L HAMM, SUNPOINT SECURITIES INC 3497 INDUSTRIAL HWY YORK PA 17402-9051 717-755-1950 • ear~ng/Speech Impaired. 1-800-843-4461 Website: www.oppenheimerfunds.com Or write to OppenheimerFunds Services, P.O. Box 5270, o Denver, CO 80217-5270. `" At Your Service Call PhoneLink 24 hours a day, 7 days a week: 1-800-533-3310 Call Monday through Friday, 8:30am - 9:OOpm and Saturday, 10:OOam - 2:OOpm ET: • Customer Service: 1-800-525-7048 • Telephone Transactions: 1-800-852-8457 TDD H ' N 0 0 0 0 N O AI Oppenheimer Discovery Fund Class B Account Number 501 5010133628 Account Registration WILLIAM W DAVEY CUST FBO HILLARY T DAVEY UNIF TRANS MIN ACT PA Year-to-Date TransacDon Detail Fund Value as of 12/07/1998 0 snares owned 124.9910 Share price $41.91 ~ Marker value $5,238.37 Transaction Transaction Number Share Dollar Date Description of Shares Price Amount No Activity Beginning Change in Ending Activity Summary Account value Purchases Reinvestments Redemptions investment value Account value $5,814.58 0.00 0.00 0.00 -576.21 $5,238.37 PX-9 (Continued) ~ H IS~ ~ SAVI~'GS BANK P.O. BOX 1711 HARRISBURG. PENNSYLVANIA 17105 PHONE: (717) 2~6-4041 STATEMENT DATE 11/08/97 16 PREVIOUS STATEMENT 10/20/97 MARY M DAVEY OR ACCOUNT NUMBER WILLIAM W DAVEY 1800008179 703 CHARLES ST MECHANICSBURG PA 17055-6633 SOCIAL SECURITY NO 186-38-7261 *************** INTEREST CHECKING ACCOUNT 1800008179 ****************** NON-CHECK TRANSACTIONS DATE---DESCRIPTION------------------------ 11/05 ATM 3555 CAP CITY MALLCAMP HILL PA 11/08 INTEREST PAID CHECKS IN ORDER DATE-NUMBER--------AMOUNT 10/22 1224 15.00 10/21 1227* 19.95 10/27 1228 41.00 10/21 1229 59.08 10/23 1230 97.06 10/23 1231 46.00 10/27 1232 15.00 10/28 1233 368.88 (*y CHECK NUMBERS MISSING DAILY BALANCE SUMMARY DATE-------BALANCE 10/20 6,795.57 10/21 6,716.54 10/22 6,701.54 10/23 6,467.35 ACCOUNT SUMMARY DATE-NUMBER--------AMOUNT 10/23 1234 91.13 10/28 1235 64.99 10/30 1236 179.83 10/31 1237 6.40 11/OS 1238 34.49 11/04 1239 625.00 11/06 1240 145.82 11/05 1243* 30.00 DATE-------BALANCE 10/27 6,411.35 10/28 5,977.48 10/30 5,797.65 10/31 5,791.25 -AMOUNT 100.00- 6.10 DATE-------BALANCE 11/04 5,166.25 11/05 5,001.76 11/06 4,855.94 11/08 4,862.04 • PREVIOUS STATEMENT INTEREST TOTAL ENDING DATE BALANCE + DEPOSITS + PAID - WITHDRAWALS - FEES = BALANCE 10/20/97 6,795.57 .00 6.10 1,939.63 .00 4,862.04 STATEMENT PERIOD FROM 10/21/97 THRU 11/08/97 AVERAGE STMT BALANCE 5860.65 INTEREST EARNED 6.10 *AIQ~IUAL PSRCENTAGS YIELD SARI~t SD 2.02$ AVERAGE BALANCE: 5,860.64 MINIMUM BALANCE: 4,855.94 RELATED ACCOUNT:SV1860000991 BAL: 30,967.07 **************** SAVSRS ADVANTAGE ACCOUNT 1860000991 ************************* DATE-DESCRIPTION----------------------------------AMOUNT-----------BALANCE 10/20 BALANCE FORWARD --------------------------------------> 30,889.88 10/29 INTEREST PAID- 77.19 30,967.07 INTEREST RATE SUMMARY DATE 0 - $99 $100 AND UP 10/21 .000 2.860$ ~r ------ CONTINUED ON NEXT PAGE ------ ~ -l i I~ PX-IO (Pg. 1 of 2) . HARRIS' SAVIVGS B:~VK P•O. BOX 1711 • HARRISBURG, PENNSYLVANIA ^71G5^ PHON^^ (717}'236-4041 LJAfl rl~[~ Af~/~~PP i iw~r ice. ~. ~~.~ ~. ..~ PAGE 2 ~ HARRIS ~ SAVINGS BANK P.O. BOX 1711 HARRISBURG. PENNSYLVANIA 17105 PHONE: ~ ~ 17) 236-4041 MARY M DAVEY OR WILLIAM W DAVEY 703 CHARLES ST MECHANICSHURG PA 17055-6633 STATEMENT DATE 11/08/97 PREVIOUS STATEMENT 10/20/97 ACCOUNT NUMBER 1800008179 SOCIAL SECURITY NO 186-38-7261 **************** SAVERS ADVANTAGE ACCOUNT 1860000991 ****************** PREVIOUS----STATEMENT INTEREST SERVICE ENDING DATE BALANCE + DEPOSITS + PAID - DEDUCTIONS - CHARGE BALANCE 10/20/97 30,889.88 .00 77.19 .00 .00 30,967.07 STATEMENT PERIOD FROM 10/21/97 THRU 11/08/97 AVERAGE STMT BALANCE 30922.38 INTEREST EARNED 46.04 *A1+iNUAL PERCENTAaB YIffi~D $ARNSD 2.90$ **************SUMMARY OF DEPOSIT ACCOUNTS ************************************* AP ACCOUNT TAX-ID-NBR BALANCE INT-RATES YTD-INT YTD-PENALTY MATURITY CR 1800008179 186387261 4,862.04 2.000 121.25 SV 1860000991 186387261 30,967.07 2.860 788.42 ~~===a=ona==aa..=~=oao=mss=a=a=axxaa=~~~~~~~~~~_______~~~~~~m~~s~3~~ IS COLD WEATHER KEEPING YOU INDOORS? HANK FROM HOME WITH HARRIS TELEPHONE BANKING AND ACCESS LINE. ~ PX-10 (Pg. 2 of 2) .~3ARRIS' P.O. BOX 1711 • HARRISBURG, PENNSYLVANIA 171G5 • PHONE: (7171 236-4041 SA` I~GS B:~~TK HARRIS ACCESS LINE (7171 7'11-11'1 nr TCII I FFaFF 1_Rf i_497_7QQ7 ~ H S° .~ SAVINGS BANK P.O. BOX 1711 HARRISBURG, PENNSYLVANIA 17105 PHONE: (717) 236-4041 MARY M DAVEY WILLIAM W DAVEY 703 CHARLES ST MECHANICSBURG PA 17055-6633 INTEREST CHECKING 11/21/97 13 186-38-7261 1800008179 BRANCH-018 APPLY FOR A HARRIS SAVINGS 13A1VK CONSUMER LOAN - FcEAL ESi7~3•E SECURED OR PERSONAL. CREDIT APPROVAL IN ONE HOUR OR LESS] ------------------------- * * * STATEMENT SUNIl~IARY * * * ACCOUNT# DESCRIPTION ENDING BALANCE 18000.08179 INTEREST CHECKING 385.53 1860000991 SAVER'S ADVANTAGE ------ ----- 15,532.06 ----------- 18 0 0 0 0 817 9 --------- ----------------- ------- SUNIl~l.~RY FOR INTEREST CHECKING ------------------------ ----------- -------------------------------------------- BEGINNING BALANCE 11/09/97 ------------------------ 4,862.04 DEPOSITS / MISC CREDITS 1 2.32 WITHDRAWALS / MISC DEBITS 17 4 ~ ** ENDING BALANCE 11/23/97 385.53 ** SERVICE CHARGE .00 INTEREST PAID 2.32 INTEREST PAID YEAR TO DATE 123.57 ANNt7AL PERCENTAGE YIELD EARNED 1.96 NUMBER OF DAYS FOR A.P.Y.E. 15 AVERAGE BALANCE FOR A.P.Y.E. 2,904 MINIMUM BALANCE 383 ENCLOSURES 1? - - - - - DATE /11/10/97 11/10/97 X11/17/97 11/17/97 11/18/97 11/21/97 - - - - - - MISCELLANEOUS DEBITS AND CREDITS - - - - - - - - - - - - AMOUNT DESCRIPTION 50.00 DR MONEY ACCESS SER/DDA TR3667 3805 HARTZDALE DR CAMP HILL, PA 1.00 DR MONEY ACCESS SER/ATM FEE 50.00 DR MONEY ACCESS SER/DDA TR3667 3805 HARTZDALE DR CAMP HILL, PA 1.00 DR MONEY ACCESS SER/ATM FEE 3,779.40 DR TELLER CHECK 2.32 CR INTEREST EARNED PX-11 (Pg. 1 of 3) I C® P.O. BOX 1711 • HARRISBURG, PENNSYLVANIA 17105 • PHONE: (717) 236-4041 J S~~~I~C,rS L':~~'K HARRIS ACCESS LINE (717) 731-1135 or TOLL FREE 1-SGO-327-7997 • ~ H S~ SAVINGS BANK P.O. BOX 1711 HARRISBURG, PENNSYLVANIA 17105 PHONE: (717) 236.4041 MARY M DAVEY INTEREST CHECKING 11/21/97 13 1800008179 2 BRANCH-018 - - ACCOUNT 1800008179 CONTINUED - - - - - - - - CHECKS POSTED - - - - - - - - - - - - - - C:~~CKS POSTED - - - - - - DATE CHECK N0. AMOUNT DATE CHECK NO. AMOUNT 11/18/97 1218 10.00 11/13/97 1247 70.87 11/20/97 1241* 100.00 11/17/97 1248 16.95 11/10/97 1242 15.00 11/17/97 1249 33.46 11/13/97 1244* 11.00 11/19/97 1250 10.00 11/10/97 1245 224.00 11/20/97 1251 59.35 11/12/97 1246 10.77 11/20/97 1252 36.03 - - - - - - - - - - - - - DAILY BALANCE SIJI+~IlKARY - - - - - - - - - - - - - - - - DATE BALANCE DATE EALANCE 11/10/97 4,572.04 11/18/97 588.59 11/12/97 4,561.27 11/19/97 578.59 11/13/97 4,479.40 11/20/97 383.21 11/17/97 4,377.99 11/21/97 385.53 ----------- 1860000991 ---------------------------------------------- SUNIl~SARY FOR SAVER'S ADVANTAGE ---------------------- ----------- ---------------------------------------------- BEGINNING BALANCE 11/09/97 ---------------------- 30,967. 7 DEPOSITS / MISC CREDITS 1 48.3 WITHDRAWALS / MISC DEBITS 1 15,483.54 ** ENDING BALANCE 11/23/97 15,532.06 ** SERVICE CHARGE .00 INTEREST PAID 4 8 .:. 3 INTEREST PAID YEAR TO DATE 836.9 ANNTJAL PERCENTAGE YIELD EARNED 2.90 NL]MBER OF DAYS FOR A.P.Y.E. c3 AVERAGE BALANCE FOR A.P.Y.E. 26,928 MINIMUM BALANCE 15,483 - - - - - - - - - - - MISCELLANEOUS DEBITS AND CREDITS - - - - - - - - - - - - DATE AMOUNT DESCRIPTION 11/18/97 15,483.54 DR STMT CHECK WITHDRAWAL 0379 11/21/97 48.53 CR INTEREST EARNED PX-11 (Pg. 2 of 3) I=[ARRIS~ P.O. BOX 1711 • HARRISBURG, PENNSYLVANIA 17105 • PHONE: (717) 236-4041 S ~~Zti'GS Bl-~:~TK HARRIS ACCESS LINE (717) 731-1135 or TOLL FREE i X00-327-7997 ~- • ~® SAVINGS BANK P.O. BOX 1711 HARRISBURG, PENNSYLVANIA 17105 PHONE: (717) 236-4041 MARY M DAVEY SAVER'S ADVANTAGE 11/21/97 13 1800008179 3 BRANCH-018 - - ACCOUNT 1800008179 CONTINUED - - - - - - - - - ~ _ - '-= -- - - DAILY BALANCE SUMMARY " - - ~ - - - - - - - - - - - - - - - DATE BALANCE DATE BALANCE 11/18/97 15,483.53 11/21/97 15,532.06 13 TOTAL ENCLOSURES PX-11 (Pg. 3 of 3) ~1 /~ D D j C~ P.O. BOX 1711 HARRISBURG, PENNSYLVANIA 17105 PHONE: (717) 236-4041 ~j~j~l J S~~~~` GS B ~~TK HARRIS ACCESS LINE (717) 731-1136 or TOLL FREE 1-800-327-7997 • ~ HARRI S V ~ S.~VI~'GS BANK P.O. BOX 1711 HARRISBURG. PENNSYLVANIA 17105 PhiONE: 1717) 236-4041 WILLIAM W DAVEY MARY M DAVEY ITF/HILLARY DAVEY 703 CHARLES ST MECHANICSBURG PA 17055 STATEMENT DATE 12/20/95 PREVIOUS STATEMENT 11/20/95 ACCOUNT NUMBER 1805000775 SOCIAL SECURITY NO 164-64-2832 ******************** MONEY MARKET ACCOUNT 1805000775 ****************** NON-CHECK TRANSACTIONS DATE---DESCRIPTION------------------------------------------------AMOUNT 12/20 INTEREST PAID 5.05 DAILY BALANCE SUMMARY DATE-------BALANCE DATE-------BALANCE DATE-------BALANCE 11/20 2,157.12 12/20 2,162.17 INTEREST RATE SUMMARY RATE PAID BASED ON BALANCE LEVEL MAINTAINED DATE 0 - $999 $1,000 - $9,999 $10,000 AND UP 11/21 .000$ 2.850$ 3.500$ ACCOUNT SUMMARY PREVIOUS STATEMENT INTEREST SERVICE ENDING DATE BALANCE + DEPOSITS + PAID - WITHDRAWALS - CHARGE ~ BALANCE 11/20/95 2,157.12 .00 5.05 .00 .00 2,162.17 STATEMENT PERIOD FROM 11/21/95 THRU 12/20/95 AVERAGE STMT BALANCE 2157.12 INTEREST EARNED 5.05 *ANN[TAL PERCENTAGE YIELD EARNED 2.89$ AVERAGE BALANCE: 2,157.12 MINIMUM BALANCE: 2,157.12 **************SUMMARY OF DEPOSIT ACCOUNTS ************************************* AP ACCOUNT TAX-ID-NBR BALANCE INT-RATES YTD-INT YTD-PENALTY MATURITY CR 1805000775 164642832 2,162.17 2.850 60.68 aaaazaaoaa~aa~s:aaasa=.a..caaa--aaaa~s~~=~=e......c...cas~~~~~s~~~~ HAVE YOU OPENED YOUR CHRISTMAS CLUB YET? NEED HOLIDAY CASH? WE CAN HELP WITH A LOAN! PX-12 HARRIS' S:~~ I\GS B~NIi P•O. BOX 1711 • HARRISBURG, PENNSYLVANIA 17105 • PHONE: (717) 236-4041 NnQRic A(`f FCC 1 IPI~ r~,~~ -,'1,_„ .~ ~. T(ll I ~[a~c ,_Qnn_z~~_;oo~ m . ~~ ~ in ~ ''-. j c z ,.. ~ : ~ m ~ ~ ~ ~ m ~ ~i ~' Z ~ - - i ~ ~ ;' u :n ~ ~ ' ~ ~ -< C 3 C ~ ? ~ O ~ a ° a ~ ? a r~ ~ c r*t ~-- m - ~ ~ cr - a -~ ~ ~ r r, r*s ~ ~ - ~ - - - --- --- m --i n o .. ~: T E ~ --- ... rt T , D ~ ~~ { ~ I O m ' 'n D . z D - ~ ~ . _. _. _ -. ..---~ f z ; ~~ ~ ... _. W .~ y i ~ ~ `a I , ~ ~~ n .. _ _ _ ~I ~ --' it ^f -__..--- _ .._ -- ----- Z i~ I' ~ ._. _. _ -- --_-_ i ; _ ~ ~ i' .. _ _.. .._ _ 9 ~m ' ., > 11 ~~ r ~ ~ Z --- - .. - -- -- --- -- - - - - - - _.. ;~ ' y u !- ~' ~ ~! { M w __ ~ I I ~ O ~ ~' I I __ __ __- -__- ~~~. ~ U v ii i; y ~ .. ..__~_.. _. .. _. __._ ____._ ._ ~ I '~ ~ ~ { ~ ~ O ; ~ C ~ / ~~ W ' • 2 ~ (1I ~ "' -- - . _ - - - - - -- - - -- - - - ------- --~ - - ~ I ~ "n ~ ~ ,* T ~ ~ ~ I ~ 1 I ~ .7 R, .~ _ . _... ___-___ __ _~ _.__ 1~\ 1~ __.. _ _._ r In the Court of Common Pleas of CUMBERLAND DOMESTIC RELATIONS P.O. BOX 320, CARLISLE, PA. L7013 Phone: (717) 240-6225 APRIL 8, 1998 Plaintiff Name: WILLIAM W . DAVEY Defendant Name: MARY M . DAVEY Docket Number: 00281 S 1998 PACSES Case Number: 676100083 Other State ID Number: County, Pennsylvania Fax: (717) 240-6248 Please note: All correspondence mast include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT Address // / O f- e r n ~r ~~ ~, ~/ ~i y E,v ~ ~~,g~-~, P ff . ~ ~ ~0~ nn Type ofWork_ /"e, n~sTQ~c iZ~2 (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 the last page of this income and expense statement.) INCOME STATEMENT OF ~IQ ~ „ /1'l . ~Q / e U I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date Plaintiff or Defendant INCOME: Employer ~p,~~ o~~ ~e~ ~eQ rr1 i ng dUe ~-wv ~,~ Payroll No. /vop` Gross Pay per Pa}~ Period $ lo? Od Pay Period (wkly., bi-wkly., etc.) /o; - ~k y Itemized Payroll Deductions: Federal Withholding State Income Tax $~~~. $~ $ 3 ~ ~~ Social Security Retirement $ 7a S $ Local Wage Tax Savings Bonds $ /a.~o $ Credit Union $ Other Deductions (specify) Life Insurance ~ ~ ~ ~ ~- $ $a . 7 Health Insurance /~~' r $~g $/G, y J v 1DP°~`~' lea(. ~~3 ~. ~y Net Pay per Pay Period $ ~ (0 9 9 3 ~ Service Type M Form IN-008 Worker ID 212 ~ 5 Income and Expense Statement PACSES Case Number 676100083 OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ ~ ~ O O $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund ~ 7 Other Other TOTAL $ $ $ ~ DS.3 TOTAL INCOME $ (Fill in Appropriate Column) EXPENSES ~i~'EEK MONTH YEAR Home Mortgage/Rent $ $ ~ ,~J $ Maintenance Utilities Electric S- Gas 3 Oil Telephone '1 Page 2 of 6 Forni IN-008 Service Type M Worker ID 21205 Income and Expense Statement PACSES Case Number 676100083 EXPENSES (Fill in Appropriate Column) (continued) WEEg MONTH YEAR Water $ $ $ Sewer Employment Public Transportation $ $ $ Lunch ~ O U Taxes Real Estate $ $ $ Personal Property ~ Income ~ 3 f Insurance Homeowners $ $ $ ! a Automobile ~~ Life Accident Health ~ ct Other Automobile Payments $ $ $ Fuel .~d Repairs ? ~ Medical Doctor $ $ $ Dentist Orthodontist Service Type tv! Page 3 of 6 Form IN-008 Worker ID 21205 [ncome and Expense Statement PACSES Case Number 6 7 610 0 0 8 3 EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Hospital Medicine Special needs (glasses, braces, orthopedic devices) 2 s Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ ~ S $ Food a U ~ Barber/Hairdresser .3 ~ Credit Payments: Credit Card Charge Account ~ S Memberships Loans Credit Union $ $ S Miscellaneous Household Help $ $ $ Child Care Papers/Books/Magazine / O Entertainment ~-~ Pay TV ~ Vacation ~ d ~ Service Type M Page 4 of 6 Form IN-008 Worker ID 21205 [ncome and Expense Statement PACSES Case Number 676100083 (Fill in Appropriate Column) EXPENSES (continued) WEEK MONTH YEAR Gifts Lxgal Fees Charitable Contributions ~ Other Child Support Alimony Payments Other $ $ ,._ $ TOTAL EXPENSES $ $ $ ~` ' PROPERTY Ownerstup OWNED DESCRIPTION VALUE H W J Checking Accounts $ 3 Savings Accounts Credit Union ~ ~' a 3 Stocks/Bonds Real Estate Other TOTAL $ f 8. S,~ INSURANCE COMPANY POLICY # Coverage H W C Hospital Blue Cross «~ s u 1~ 3~-~ _ o Other l` Medical Blue Shield Other T n - nusoana w - wtie l: - LOmbtnea J - Jo1nt Page 5 of 6 Forni IN-008 Service T}~pe M Worker ID 212 0 5 Income and Expense Statement PACSES Case Number 6 7 610 0 0 8 3 Coverage INSURANCE COMPANY POLICY 1/ H W C Health/Accident Disability Income e 3 a `? ` _ o Dental Other n - nuauai-u rr - vv ue ~ - ~omotnea ~ - ~otnt Suaulemental Income Statement a. This form is to be filled out by a person (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (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 stmilar 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) (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other Name of accountant, controller or other person in charge of financial records: e f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 6 of 6 Form IN-008 Szrvice Type M Worker ID 21205 _ ~ `-NO• X00063 ACCOUNT NAME EAR Mar Da V e DEPARTMENT H ~.10 3 4~ Educa t i NINGS Hou f' 1 y RATE HOURS/UNITS 14 00 AMOUNT DEDUCTIONS _ ' AMOUNT I o CHECK NUMBER . 80.000 1120 . b0 Fede ra 1 146,41 SocSec 65.59 00011034 MCa re 15.34 PAYROLL DATE State 1 29 . b2 Locall 11.20 10/02/98 Health Ins. 39.45 Support Ded 138 , 84 PAYROLL PERIOD 0.00 Supp. Ins. 22.71 Fm: 09/14/98 0.00 To. 09/26/98 GROSS YTD EARNINGS TOTAL HOURS GROSS PAY SOCIAL SECURITY # TOTAL DEDUCTIONS NET PAY 22258.25 80.0 1120.00 186-38-7261 469,16 650.84 I 0.00 I 3012.30 ( 1324,95 I 309.87 CLN ACCUSRION, INCJPAYROLL ACCOUNT NO. 100063 NAME Marv ~3v~v 598.35 222.58 ~ 214`7,71 I DEPARTMENT r~ u ~,~ ~ ~r-. -, ~ ; „~ ~ 12 6 EARNINGS RATE HOURS/UNITS AMOUNT DEDUCTIONS AMOUNT CHECK NUMBER Hourly 14.00 80.000 1120,00 Federal SocSec 146,41 65.58 00011126 MCd re 15.34 PAYROLL DATE Stahl ~ocall Health Ins 29 .62 11..20 34 ^5 10/16/48 . . PAYROLL PERIOD 0.00 0.00 Support Ded S~~pp. Ins_ 1.38 , 84 « .71 Fm: 08/28/48 Try : 1.0/ 10/48 GROSS YTD EARNINGS TOTAL HOURS GROSS PAY SOCIAL SECURITY a TOTAL DEDUCTIONS NET PAY 23378.25 80.0 1120.00 18F-.:~8~72c~1 4E~9.15 a50. 5 EIC YTD FED WH YTD OASDI YTD MEDICARE YTD STATE WH YTD LOCAL WH Y TD OTHER DED YTD 0.00 3158.71 1x40.5 5 325.21 6^7 , 97 233 . 7~i 23<~.8 ,. 7.1. CLN ACOUSITION, INC./PAYROLL ACCOUNT ~ 1219 NO. 100053 NAME Mary Davey DEPARTMENT C. H. Educati n EARNINGS RATE HOURS/UNITS AMOUNT DEDUCTIONS AMOUNT CHECK NUMBER our y 4.0 O. 11 O. 0 e era SocSec 1 .4 68.03 00011219 MCa re 15.91 PAYROLL DATE Statel ~ocall Support Ded 30.72 11.20 138.84 10/30/98 S U pp I n5 22 71 PAYROLL PERIOD 0.00 0,00 , . . Fm: 10/12/98 To: 10/24/98 GROSS YTD EARNINGS TOTAL HOURS GROSS PAY SOCIAL SECURITY # TOTAL DEDUCTIONS NET PAY 24498.25 80.0 1120,00 186-38-7261 444.86 675.14 EIC YTD FED WH YTD OASDI YTD MEDICARE YTD STATE WH YTD LOCAL WH YTD OTHER DED YTD 0.00 3316.16 1458.56 341.12 658.69 244.98 2510.26 - - - - --- ~'LN ACCiISITION, INC./PAYROLL ACCOUNT NO. 100063 NAME Mary Davey DEPARTMENT C, H. E d u C a t l 0 n113 0 4 EARNINGS RATE HOURS/UNITS AMOUNT DEDUCTIONS AMOUNT CHECK NUMBER our y ~ . e era SocSec 65.59 00011304 MGa re 15.34 PAYROLL DATE Statel Locall Health Ins. 29,b2 11.20 39.45 11/13'98 S U o r t Ded 138 84 PAYROLL PERIOD 0.00 0.00 pp Supp. Ins. , 22.71 Fm: 10/26%98 To: 1.1/07/98 GROSS YTD EARNINGS TOTAL HOURS GROSS PAY SOCIAL SECURITY # TOTAL DEDUCTIONS NET PAY 25618.25 80.0 1120.00 186-38--7261 469.16 650.8~~ I YTD FED WH YTD OASDI YTD MEDICARE YTD STATE WH YTD LOCAL WH YTD OTHER OED YTD 0.00 3462.57 1524.15 356.46 688.31 256.18 2711.26 CLN ACCUSITION, INC./PAYROLL ACCOUNT NO. 100063 NAME Ma rv fla~ic»~ IIFPART11,1FtUT .-. 1 1 '~ 4 7 EARNINGS RATE HOURS/UNITS AMOUNT DEDUCTIONS - - ~... r~ AMOUNT . ~uu~,a ~tvrr- - - - CHECK NUMBER Hourly 14.00 80.000 1120.00 Federal SocSec 146.41 65.59 00011397 MCa re 15.34 PAYROLL DATE Statel Locall Health Ins 29.62 11.20 39 45 11/25/98 . S , . PAYROLL PERIOD 0.00 0.00 upport Ded Supp, Ins. 138.84 22.71 Fm: 11/09/93 To: 11/21/98 GROSS YTD EARNINGS TOTAL HOURS GROSS PAY SOCIAL SECURITY ~ TOTAL ~~~UCTIONS NET PAY 25738.25 80.0 1120.00 186-38-7261 4b9.16 650.84 EIC YTD FED WH YTD OASDI YTD MEDICARE YTD STATE WH YTD LOCAL WH Y TD OTHER DED YTD 0.00 3608.98 1589.74 371.79 717.93 267.38 2912.26 CUV ACDUSRION, INC./PAYROLL ACCOUNT NO. i000b3 NAME Ma r4' D_~vev f1C~A DT7IAC\IT !-d [":~l~ ~ .--, 1- , 1 1 ~ Q ~ EARNINGS j (l I..j r' ~/ Holiday RATE _ 7 . :.~ V HOURS/UNITS ~ . ~ ~ AMOUNT , t`J , ~. ~. 240.00 DEDUCTIONS i" ~ i ~? r a SocSec AMOUNT ~ <~ ~~ .::3.1. 76.54 CHECK NUMBER 0001148r~ ~~ C `~ r `' 1 ° • `' ~ PAYROLL DATE 5fiat•e1 J~ .3ia Locall 1`.00 12/11!98 He~ilth Ins, 39.-~5 SuppO r t Ded g 4 1.38 PAYROLL PERIOD 0.00 Supp. Ins. _ 21.71 Fm: 1.1/23/98 O . 00 To : 12 /05/98 GROSS YTD EARNINGS TOTAL HOURS GROSS PAY SOCIAL SECURITY # TOTAL DEDUCTIONS NET PAY 279,x8.25 c54. O 1200, 00 18b-38-72E~1 5G0. 70 b99. 3C1 EIC YTD FED WH YTD OASDI YTD MEDICARE YTD STATE WH YTD LOCAL WH YTD OTHER DED YTD 0.00 3777.79 16b0.28 388.28 749.79 279.38 3113,25 CLN ACdUSITiON, INC./PAYROLL ACCOUNT NO. 100063 NAME Mary Davey DEPARTMENT C. H. Education-11586 EARNINGS RATE HOURS/UNITS AMOUNT DEDUCTIONS AMOUNT CHECK NUMBER our y . e era SocSec . 70.55 0001158b MCa re 16.50 PAYROLL DATE States Locall Health Ins. 31 .8b 12.00 39.45 12/22/98 Support Ded 138 84 PAYROLL PERIOD 0.00 0.00 Supp. Ins. . 22.71 Fm: 12/07/98 To: 12/19/98 GROSS YTD EARNINGS TOTAL HOURS GROSS PAY SOCIAL SECURITY # TOTAL ~E~UCTIONS NET PAY 29138,25 80.0 1200.00 186-38-72b1 500.72 699.28 EIC YTD FED WH YTD OASDI YTD MEDICARE YTD STATE WH YTD LOCAL WH Y TD OTHER OED YTD 0.00 3946.b0 1730.83 404.79 781.65 291.38 3314.2b CLN ACpUSITION, INCJPAYROLL ACCOUNT NO. 1000c53 NAME Marv Davey DEPARTMENT (~ ~~! F r-I t! r-, n t i n~ 1 6 7 4 EARNINGS RATE HOURS/UNITS AMOUNT DEDUCTIONS A ::CUNT CHECK NUMBER Hourly Holiday 15.00 b4,000 9b0.00 240.00 Federal SocSec ?2.81 71.S:a 00011b74 M C a r e ?. x. 5 0 PAYROLL DATE Statel Locall F'edl th I n ,'~~ .8b ~=.00 ~' ~ ~~ 01/08/99 ..r S t G ~- - - PAYROLL PERIOD Vac Time Av~~i Sick Time Av 1 it 13b.00 12.0.00 uppor ed 5t~p~a, Ins. 1=8.84 ~_ . 71 Fm: 12 ~:'1/~?8 To: Ol,'G2/99 GROSS YTD EARNINGS TOTAL HOURS GROSS PAY SOCIAL SECURITY ~ TOTAL :c:::CTIONS NET PAY 1200 , 00 b4 . 0 1200.00 1 ~3b-- 38--72b l 5~~=~- . %'~ ~ EIC YTD FED WH YTD OASDI YTD MEDICARE YTD STATE WH YTD L~CAL WH YTD OTHER DED YTD o . cao 1b8.81 70..55 lb . so ~~~1 . ab 12.00 gal . acs CLN ACGUSI'TION, INC./PAYROLL ACCOUNT NO. ;. ~: (~! ~~:~.~ NAME - -~ EARNINGS ;. ~ ~ RATE HOURS/UNITS AMOUNT DEDUCTIONS _ - • `~^ r..,;.t;tiT - - - - CHECK NUMBER : . ~ .; . , ., ~ ~. ,~ - PAYROLL DATE _, c.;,.. 1. 1. _ l . ' , r? y _ `!1,^:, ~ r ~ ! . ~ ' . 7 _ PAYROLL PERIOD .. , .~ ~~i ~~. ~ 7_ (1' ", .'i'ii' .~. 1 ~ i ..': t'~ ~,! ~.! ~'i 7I1 ~„ i.. i ~:''• :~ _ ~ _~ - `'- r', i r rjG~~ ~ 11. GROSS YTD EARNINGS TOTAL HOURS GROSS PAY SOCIAL SECURITY ~ TOTAL =~!JCT : IONS NET PAY .<:(,'~(:! . c!~~:! ,fir! _ (:, ~ ?(~i(;! r (~~i~~ ~ ~L, . .. .i;~r ~ _ ~ i _. _ ~. ,-~ _. EIC YTD FED WH YTD OASDI YTD MEDICARE YTD STATE WH YTD LGCAL WH YTD OTHER DED YTD CLN ACWISITION, 'NO. ` i nnnd z )LL ACCOUNT NAME ~„~ _ ~ r, _ . . IIGD A DT\.1CIUT 1 1 R~7 EARNINGS RATE HOURS/UNITS AMOUNT DEDUCTIONS AMOUNT CHECK NUMBER Hourly 15.00 50.000 1200.00 Federal SocSec 168.81 70.55 00011847 MCa re 16.50 PAYROLL DATE Statel Locall H 1 t h 31.86 12.00 02/05/99 ea Ins _ 39.43 PAYROLL PERIOD Vac Time Ava Sick Time Av 1 it 136.00 112.00 Support Ded Supp_ Ins. 138.8Q 22.71 Fm; 01/18/99 To: 01/30/99 GROSS YTD EARNINGS TOTAL HOURS GROSS PAY. SOCIAL SECURITY # TCTAL DEDUCTIONS NET PAY 3600.00 80.0 1200.00 186-38--7261 500.70 699.30 EIC YTD FED WH YTD OASDI YTD MEDICARE YTD STATE WH YTD LOCAL WH Y TD OTHER DED YTD 0.00 506.43 211.64 49.50 95.58 36.00 612.98 CLN ACOUSITION, INC./PAYROLL ACCOUNT NO. 1 OOOt~.~ NAME Ma f~ v L~e~~r"v~''~! DEPARTMENT ~' ° ~! ° E ~ ~ UG d L 1~~1 9 3 9 EARNINGS RATE HOURS/UNITS AMOUNT DEDUCTIONS AMOUNT CHECK NUMBER SocSec: ; G . 55 0001 19 Z`? M ~ `~' r ~ ~ q ' `' ~~ PAYROLL DATE Statel t_oc:a 1. 1. ~~ea1tl~ Ir-~~. 3i _ ~::~ i 2.00 ~,>.<~3 02119/99 SU ~ ol"t De ~ 133 84 PAYROLL PERIOD `~.iac Tine; Av4z S i c:.< T z. 1'11 F' A `,.~: 1 ~ ~. 1 1~,r~~,.C~O 1..12. 0 0 Y p ~ Su~ah~. Ir~~;, . .L~.?1 Fn~f: 0.?J01. i~~, T o ~ 0'" ,~' 13 ~` 9 ~~ GROSS YTD EARNINGS +OTAL HOURS GROSS PAY SOCIAL SECURITY * TOTaL CEDUCTIONS NET PAY 4800 . 00 £=.~(~ . G 1. ~~ OG'~ . Gib I LSeS--.:tiC._.?~~ .L _ _; C; _ ?C> c~`?~', . ~~,G~ EIC YTD FED WH YTD CASDI YTD MEDICARE Y. D STATE WH YTD LOCAL WH YTD OTHER DED YTD G . 00 675 . L~4 282.19 ~~~ . 00 .12 7.4.4 4~3 . OG 813.96 CLN ACQUSITION, INC./PAYROLL ACCOUNT No. 100063 NAME Mary Davey EARNINGS RATE HOURS/UNITS hiourly l 1~.ao so.ooo Vac Time Ava .1 Sick Time Av it GROSS YTD EARNINGS 6000 ,. 00 TOTAL HOURS 80.0 0.00 ~ 844.05 ~ 352.73 DEPARTMENT C, H. Educes t i~d~i0 3 ~ AMOUNT DEDUCTIONS AMOUNT CHECK NUMBER 1200.00 Federal 168.81 SocSec 70.54 00012030 MCa re 15.49 PAYROLL DATE Statel 31.86 Locall Health Ins_ 12.00 39.43 03/05/99 Support ©ed 138 $4 PAYROLL PERIOD _ 136.00 Supp- Ins. 22.71 Fm: 02/15;99 112-00 To: 02_/27/99 GROSS PAY ~ SOCIAL SECURITY # iTOTAL DEDUCTIONS NET PAY 1200.00 186-38-7261 500.68 699.32 MEDICARE YTD STATE WH YTD LOCAL WH YTD OTHER DED YTD 82.49 159.30 60.00 1014.94 GLEASON GROUP, INC. MARY DAVEY 02lZ3/99 V 03/07/99 Bill # Bill # FIRST UNION CAP ACC GLEASON GROUP, INC. MARY M. DAVEY 02!11/99 Bill # 02/11/99 Bill # FIRST UNION CAP ACC 001156-001156 Th'E MCGRAW--HILL COMPANIES 148 PRINCETON HGTS RD HIGHTSTOWN NJ 08520-1450 3/10/99 2/23/99 F=ge 001 of 001 Check Number: 100001 X334 Check Date: 02!12!1 cgg Batch Number: 002161 X07 VENDOR ID 18638726 MARY M DAVEY COMPUTER LEARNING NETWORK 1110 FERNWOOD AVE CAMP HILL PA 17011 INVOICE DESCRIPTION REVIEW MANU NORTON -000 DATE PO NUM AMOUNT BATCH 99/01/29 200.00 103960 7145 340.00 200.00 540.00 7128 2-10.00 3.10.00 580.00 VERIFICATION I verify that the statements made in the foregoing Pretrial Statement 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. Mary M. D Date: March ~~, 1999 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Pretrial Statement to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 Phi ip Sp e, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. BoX 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Mary M. Davey (Date: March 19, 1999 LAW OFFICES SNELBAKER, BRENNEMAN 8c SPARE DAVEY RENTAL VALUE CALCULATIONS Fair Market Rental Value per month = $900 One-half of Fair Market Rental Value per month = $450 3 6 months from separation to Master's Hearing (11 /97 to 10/00) 36 months x $450/month = $16,200 Less one-half of payments made to maintain the property 36 months xone-half of mortgage payment of $478.36/month = $8,610.48 $16,200.00 -8,610.48 $7,589.52 credit due to dispossessed spouse One-half of other payments made by spouse in possession to maintain property such as taxes may need to be subtracted from the $7,589.42 figure, depending upon evidence presented. Formula used above is from the case of Trembach v. Trembach, 419 Pa. Super. 80, 615 A.2d 33 (1992). "The proper methodology for granting the dispossessed spouse a credit for rental value is to deduct his share of the rental value from the other spouse's ultimate distribution of the marital estate." 15 Sum. Pa. Jur. 2°d Section 5:75 citing Butler case. MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRE-TRIAL STATEMENT OF WILLIAM W. DAVEY. DEFENDANT The Defendant, WILLIAM W. DAVEY, files the following Fre-Trial Statement. LIST OF ASSETS -MARITAL AND NON-MARITAL Defendant, WILLIAM W. DAVEY, requests a stipulation that the date of final separation was October 25, 1997. The inventory is supplemented with the values of the marital and non-marital property on the attached charts: p4 a O a H ~~ .-. O S ~ . 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OTHER WITNESSES Husband requests to call additional fact witnesses to be disclosed at the pre-hearing conference. EXHIBITS To be exchanged with Plaintiff's counsel at the pre-hearing conference. DEFENDANT' S GROSS INCOME See Income and Expense Statement. PENSION AND RETIREMENT To be determined. COUNSEL FEES Defendant has paid $4,000.00 in counsel fees and expert fees. PERSONAL PROPERTY Plaintiff has removed significant marital property at time of separation, which needs to be appraised. MARITAL DEBTS Mortgage and braces for daughter. PROPOSED RESOLUTION OF ECONOMIC ISSUES Plaintiff receives the property in her possession to include her IRA, vehicle, and personal property. Defendant will sign over the join mutual funds. Each parry will waive their interest in each other's pension. Date ~I ~~(~~ Respectfully submitted, Austin F. Grogan s ire 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendant ID #59020 VERIFICATION I, WILLIAM W . DAVEY, verify that the statements made in the foregoing Pre-Trial Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. __ t. DATE 3 l~~ ~ ~. 5 WILLIAM W. DAVEY MARY M. DAVEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-272 CIVIL TERM WILLIAM W . DAVEY, :CIVIL ACTION -LAW Defendant IN DIVORCE PROOF OF SERVICE I, Austin F. Grogan, Esquire, hereby certify that on March 19, 1999, I served a copy of the Defendant's Pre-Trial Statement by first class mail, postage prepaid addressed as follows: Philip H. Spare, Esquire E. Robert Elicker,II SNELBAKER, BRENNEMAN & SPARE, P.C. Divorce Master 44 West Mail Street 9 North Hanover Street Mechanicsburg, PA 17055 Carlisle, PA 17013 DATE ~J11'f~ Austin F. Grogan, squ' 24 North 32'~ Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendant I. D. #59020 ~.sti o .~ ~~oJr ago ^ ---- i.. ~Y~.. ,. ~~~.. ~., ~f ; ~: '~' -$~. s2~ . k.... rl 'r.; , - 'ii' ~s ~. 'T~ _' y ~! .~ f#u t~ i~ N y .x ... 1 ~ ~~ { ~] ' f ~, , ... d ~ H_ :~~ .., ~ Ci ~~ > ~, z ~ ~ ~ ~t . ~ ~~'7 , ~~ A y t, t ` ; -~ , ;, ri>~ ;, << a~;,. ~ Y ~r r ~::~i ' - 1, - ~_.,. ~ _'~ i ~' ~+ :~}. i3 ~_ y', . _; _ ... . F } ~ 5 5~.~ .... I`r ~,, .. . ~ : ~, }I 5 . ut `~ ~ ~ ~~ 4 ~~.. '. `~' ~ ~ ~ H ~ H ~ ~ ~ H ~ C{ , ~ Cy H H t"' ~O 00 tb ~ H ~ t~! O ~' ~n N t'{ ~ ~ ~ ~ yet? Cy O ~ ~ Cx! ~ H ~ ~ ~ H Ca 4 ro r ~ ~~ ~ ~ ~ ~ a ~- ~n ~- ~ b r tT1 ~' tt! ~ .:.~ E~ . d.. ' Y~ ~ / $ .~ ` . ~ ,~~ ., .art . ~;~ ~ ` A } fi+ Y RJ 1 ~ / ~~ ~^ .~ `~ ' ~ _ ~ G onrad M. Sie el Inc ~ onrad M. Siegel, F.S.A. Harry M. Leister, Jr., F.S.A. ~ Brian S. Sann, F.S.A. Actuaries /Benefit Consultants Clyde E. Gingrich, F.S.A. Earl L. Mummert, M.A.A.A. - ~ - ~ ~ ~ 501 Corporate Circle Robert J. Dolan, A.S.A. ~~. ~. .. P.O. Box 5900 David F. Stirling, A.S.A. Robert J. Mrazik, F.S.A. ' ~ ~ ~ ~_ j Harrisburg, PA 17110-0900 (717) 652-5633 David H. Killick, F.S.A. ~~~ Fax (717) 540-9106 Jeffrey S. Myers, F.S.A. Thomas L. Zimmerman, F.S.A. Glenn A. Hafer, F.S.A. February 1, 2000 Kevin A. Erb, F.S.A. Frank S. Rhodes, F.S.A., A.C.A.S. Charles B. Friedlander, F.S.A. Holly A. Ross, F.S.A. John W. Jeffrey, A.S.A. Denise M. Polin, F.S.A. Austin F. Grogan, Esquire Thomas W. Reese, A.S.A. 24 North 32nd Street Janet M. Leymeister, CEBS Mark A. Bonsall, A.S.A. Camp Hill, PA 17011 Re: William Davey Dear Mr. Grogan: You provided me with the following information concerning William Davey: 1. Date of birth -March 2, 1949. 2. Date married -June 20, 1970. 3. Date entered military service -June 11, 1971. 4. Date separated -October 25, 1997. 5. Data with respect to the Military Retirement System as follows: a. Retirement points earned from June 11, 1971, until June 10, 1997 - 2,353. b. Value of one retirement point for retirement purposes - .19952. Currently, William Davey is 51 years of age (age nearest birthday). The Military Retirement System is a defined benefit pension plan. The pension starts at age 60. The amount of the pension is determined by multiplying the retirement points by the value per point. The figure that is marital property for divorce purposes is the present value of the pension earned during the marriage. Previously, I indicated that Mr. Davey had earned 2,353 retirement points from June 11, 1971, until June 10, 1997. I have estimated that he earned an additiona128 retirement points from June 10, 1997, until October 25, 1997, the date of separation. Therefore, the total retirement points earned during the marriage amounts to 2,381 E2~3~ h ~~ j~ :~..~....,,_;_.~ The amount of the pension earned during the marriage is $475.06 (2,3$'1 multiplied by .19952). ~ F E B ~. ~ ~QQ~ ~• _` -_~~---°-~---_-~. Conrad M. Siegel, Inc. Austin F. Grogan, Esquire February 1, 2000 Page 2 The present value of a monthly pension of $475.06 for a male now age 51 with such benefit to start at age 60 is $31,159. The pension benefit provided by the Military Retirement System is indexed. What this means is that each year the benefit increases in accordance with the Consumer Price Index. The present value figures takes into account the assumption that the Consumer Price Index would increase at the rate of 3.4% per year. The Consumer Price Index increased on the average at the rate of 5.28% per year over the last 30 years, 4.69% per year over the last 20 years and 3.26% per year over the last 10 years. The present value has been determined based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 6.9% per year for 25 years followed by 6.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation are appropriate for the purpose of determining the present values. With best regards, Yours sincerely, ~~ C~ , ~. ~~ ~, Harry . Leister, Jr., F.S.A. Cons ting Actuary HML:kad MARY M. DAVEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. WILLIAM W. DAVEY, Defendant NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER OF COURT AND NOW, this~day of ~~~ae~ , 199~upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before ~j'~~ ~ , , ~~ ~ t- , he conciliator, at ~,r~,~~c-~ ~~x~x~~~r~~~ ~n the C~ , day of ~rr ~l C'~.I 199 °i , at ~ ~ M. , for aPre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court and to enter into a temporary order. Either party may bring the child/children who is the subject of the custody action to the conference, but the child's/children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. For the Court, Custody Conciliator r~~ V ~~ 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, FOURTH FLOOR CARLISLE, PENNSYLVANIA 17013 TELEPHONE NUMBER: (717) 240-6200 Vim' ~..::J 7 i , , ryry r - } `~ ~..., ,..r% ~_ 's 1 ~~ ` ~^'~ 7 ... - (~ ~~ ~~t Ti C~~ X ~ V.~ / / ~ ~ ~:~ MARY M. DAVEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-272 CIVIL TERM WILLIAM W. DAVEY, :CIVIL ACTION -LAW Defendant IN DIVORCE ANSWER AND NEW MATTER ANSWER AND NOW, the defendant, William W. Davey, by and through his attorney, Austin F. Grogan, aver the following: 1. Admitted; 2. Admitted; 3. Admitted; 4. Admitted; 5. Admitted; 6. Admitted; 7. Admitted; 8. No answer required; 9. No answer required; 10. Admitted; 11. Admitted; NEW MATTER -CUSTODY 12. Paragraphs 1 through 11 are incorporated herein by reference as though set forth in full; 13. The parries are the natural parents of Hillary T. Davey, bom April 6, 1983, currently residing with the father/defendant, William W. Davey, at 703 Charles Street, , Mechanicsburg, Pennsylvania 17055; 14. During the past five years, the child has resided with the following persons and at the following addresses: William W. Davey Mary and William Davey 703 Charles Street Mechanicsburg, PA 17055 703 Charles Street Mechanicsburg, PA 17055 Nov. 1997 until present April 1993 until Nov. 1997 15. The child was bom during wedlock; 16. The relationship of plaintiff to the child is that of mother; 17. The relationship of defendant to the child is that of father; 18. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court; 19. Defendant has no information of a custody proceeding concerning the child pending in a court of this Commonwealth; 20. Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child; 21. The defendant seeks primary custody for the following reasons: A. It is in the best interest of the child that she remain in the home which she grew up in; B. The father/defendant has been the primary care provider since the mother voluntarily departed the house in November 1997 to engage in an adulterous affair; C . The father/defendant has been the sole provider for the minor child since February 1998 when the mother/plaintiff and daughter bilaterally terminated all contact with one another until the fall of 1998; WHEREFORE, the defendant respectfully request this Honorable Court to enter a Custody Order granting the father/defendant primary custody with the mother/plaintiff having partial custody at times to be agreed upon at a conciliation conference. Date t L o u 4 ~` ' Austin F. Grogan, sq ' e 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendant ID #59020 L i VERIFICATION I, WILLIAM W. DAVEY, verify that the statements made in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information, and belief. 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 /~ ~~-~ l ~i 4 ~ WILLIAM W . DAVEY MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF WILLIAM W. DAVEY, DEFENDANT The undersigned files the following Income and Expense Statement. 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 '~" ~ ~ 8 l `ti`1 ~----~ _ -- WILLIAM W. DAVEY INCOME AND EXPENSES nvcoME: Employer: PA National Guard Address: DMVA, Bldg S-0-47. Fisher Ave., FIG, Annville, PA 17003-5002 Type of Work: Military Personnel Clerk Payroll Number: Pay Period (Biweekly): Gross Pay per Pay Period: 807.20 Itemized Payroll Deductions: Federal Withholding 83.87 Social Security 50.05 Local Income Tax 8.07 State Income Tax 22.60 Retirement 6.46 Savings Bonds Credit Union Life Insurance 3.96 Health Insurance 56.68 Other: Child Support for daughter, Hillary 138.64 Net Pay per Pay Period: 436.87 (Fill in appropriate column) OTHER INCOME: Weekly Monthly Yearly Interest 42.00 504.00 Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation IRS Fund 497.00 Other (Specify) : PA Air National Guard 300.47 3 , 605.64 PA Air National Guard/AD (15 days) 75.11 1,126.65 Total $0.00 $417.58 $5,733.29 EXPENSES: Weekly Monthly Yearly HOME Mortgage/Rent 478.36 5740.32 Maintenance Utilities Electric 124.59 1,495.07 Gas Coal 236.00 Telephone 72.60 871.19 Water 27.58 331.06 Sewer 18.67 224.00 Trash EMPLOYMENT Public Transportation Lunch (for Hillary) 25.00 104.17 1,250.00 TAXES Real Estate 1, 976.07 Personal 515.09 Property (land) Income (school) 245.00 INSURANCE Homeowners 38.42 461.00 Automobile 29.33 352.00 Life 56.75 681.00 Accident & Health 9.16 109.88 Other (Specify): AUTOMOBILE License Cart Driver 60.00 Fuel 20.00 80.00 960.00 Repairs 629.81 MEDICAL Doctor 15.00 Dentist 92.80 Orthodontist 92.00 1,104.00 Hospital (lab) 45.80 Medicine Special Needs (Contacts) 250.00 118.00 EXPENSES CONTINUED Weekly Monthly Yearly EDUCATION Private School Parochial College (ICS) Tutor ~( Hillary) 30.00 270.00 PERSONAL Clothing 535.00 Food 300.00 3,600.00 Barber/Hairdresser 20.00 240.00 Credit Payments Charge Accounts Memberships (BJ's & AAA) 61.00 LOANS Credit Union Other (specify): MISCELLANEOUS Household Help Child Care (School Lunches) 10.00 40.00 1,440.00 Papers, Books, Magazines 6.00 142.82 ENTERTAINMENT Cable TV 24.90 298.80 Vacation Gifts OTHER Legal Fees 1,000.00 Charitable Contributions 107.00 Other Child Support Alimony Payments Other (specify): Mobil Phone 27.11 325.35 Uniform Cleaning 111.92 Furnace Service 75.00 Misc. Taxes 72.74 TOTAL EXPENSES $55.00 $1,579.64 $26,042.72 PROPERTY OWNED Descri tion Value H W J C Chec ' Accounts Harris Sv s 1,000.00 X Savin s Accounts Harris Sv s 11,123.00 X Credit Union Stocks/Bonds 10,133.01 X HtA (Husband's) 68,719.84 X Real Estate House 140,000.00 X Other (s ci ): Savin s Hams Sv s 1,771.00 X IItA (Wife's) 7,370.08 X Dau hter's Colle a Fund 13,568.05 X TOTAL $253,684.98 INSURANCE Com an Polic Number H W J C Hos ital Blue Cross BC/BS 858137652 X Other Medical Blue Shield BC/BS 858137652 X Other Health/Accident Disabili Dental Prescri tion Other *H =Husband; W =Wife; J =Joint; C =Child MARY M. DAVEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-272 CIVIL TERM WILLIAM W . DAVEY, CIVIL ACTION -LAW Defendant IN DIVORCE PROOF OF SERVICE !~ I, Austin F. Grogan, Esquire, hereby certify that on March 1~8' 1999, I served a copy of the Income and Expense Statement of WILLIAM W. DAVEY, by first class mail, postage prepaid addressed as follows: Philip H. Spare, Esquire E. Robert Elicker,II SNELBAKER, BRENNEMAN & SPARE, P.C. Divorce Master 44 West Mail Street 9 North Hanover Street Mechanicsburg, PA 17055 Carlisle, PA 17013 DATE ~JI ~ S lfy ~~ (L~==A _ Austin F. Grogan(, Es u~r 24 N. 32'~ Street ~,.~ Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendant ID #59020 ~, ~~ 1~y9,6,~ MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW WILIAM W. DAVEY, N0.98 - 272 CIVIL Defendant IN CUSTODY COURT ORDER ~-~`~ AND NOW, this ~ J da of Feb , 1999, The Conciliator bein advised that the arties have Y ~~' g P reached an agreement, the Conciliator relinquishes jurisdiction. BY THE COURT, Hubert X. Gilr ,Esquire Custody Co iliator ~r"~si ~~~T1~~r~C~i'~~t~s ~'~ > ~ ti. ~..._~ ~~ ~~; : ~ t ~r~ E. t ~~.~ ~6 MARY M. DAVEY, Plaintiff v. WILLIAM W . DAVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this ~l~iay of 1999, upon consideration of the attached Stipulation it is hereby ordered and directed that: 1. The Plaintiff, Mary M. Davey, and the Defendant, William W. Davey, are the natural parents of Hilliary T. Davey, born Apri16, 1983; 2. The Defendant shall have primary physical custody of the child and shared legal custody in that the Plaintiff shall enjoy visitation/partial custody at times which are mutually agreed upon by the parties. BY THE COURT, ~1 d~ w ~. h b~ ~~ L/~~ ~(.1/~ ` ~'~i~'j ~ ~„ ~.-,,.t .,., '~ . ~~ ^~ ~ r ~ ~ 1 .::_ ....'L ~,,,, -y rrt_ r t. "' y ~ `~J MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE STIPULATION AND NOW, this ~ day of J ~ ~ 1999 the parties agree to the following Stipulation: 1. The Plaintiff is Mary M. Davey; 2. The Defendant is William W. Davey; 3. The parties are the natural parents of Hillary T. Davey, born Apri16, 1983; 4. The parties agree that the Defendant/Father shall have primary physical custody of the child and shared legal custody in that the Plaintiff/Mother shall enjoy visitation/partial custody at times which are mutually agreed upon by the parties. WHEREFORE, the parties request that this Stipulation be made an Order of Court. WITNESS: ~~~.~~ MARY .DAVEY WILLIAM W. DAVEY PHILIP SP Q. i/ A STIN F. GROGAN, Q .~lu~t~i~ .~" t ~i kti ~',.:.'~'~'.. 't~., y4~: i =: ~~~.. • ~ ;T~ ~ ~ r ,~ H , ~ ` ~' d ~ ~ ~ ~ b ~ ~ . ~ `"~ ~- m- ~ ~ ~ a a ,.,. ~ r,, ~ ci- O ~ ~ H • ~ C d r ~ ~ 00 C'~ C3 r3 '~ N ~ t=f ~ ~ , ~ ~ ~ 1 '`~ ~ '~ H ~, ~3 C., ~ ~3 ~ ~ a ' 4. b~ ~'' ~ ~ t.,t J w..i _ ~~ ~ c ' ~ 0 '' d r l ~'~ ~ ~~ . 9~ 5 ~ y ..,~ f .; ~.. "~. + „! MARY M. DAVEY, Plaintiff v. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE INVENTORY OF WILLIAM W. DAVEY, DEFENDANT WILLIAM W. DAVEY files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. WILLIAM W. DAVEY verifies that the statements made in this inventory are true and correct. WILLIAM W. DAVEY understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE 3 I ~ g 19.5 Y WILLIAM W. DAVEY ASSETS OF PARTIES Defendant, WILLIAM W. DAVEY, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stock, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits -severance pay, workman's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, individual retirement accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/VA benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY Defendant, WILLIAM W . DAVEY, lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of All Owners 1 703 Charles Street Mechanicsburg, PA Husband & Wife 2 1990 Olds Cutlass Husband & Wife 2 1980 Audi Husband & Wife 3 & 19 Oppenheimer (IRA) 421720691966 Husband 3 & 19 Oppenheimer (IR.A) 7017010728794 Husband 3 & 19 Oppenheimer (IItA) 7007003423409 Husband 3 Oppenheimer 271-271007491 Husband & Wife 3 Oppenheimer 701-7010826045 Husband & Wife 3 & 19 Oppenheimer (IRA) 700-7003597627 Wife 3 & 6 Harris Savings 1800008179 Husband & Wife 3 & 6 Harris Checking Husband & Wife 3 & 6 Checking Wife 18 PA Blue Shield Retirement Plan Wife 18 U.S. Airforce Retirement Husband 18 Federal Employees Retirement Systems (FERS) Husband 25 Mediterranean Style Sofa Husband & Wife 25 Chair (Rust color w arms) Husband & Wife 25 Rocking Chair (Green) Husband & Wife 25 Hi-Back Chair (Green) Husband & Wife 25 (2) End Tables (Match Sofa) Husband & Wife 25 5-sided Table (Homemade) Husband & Wife 25 Coffee Table (Glass top) Husband & Wife 25 (2) Lamps Husband & Wife ~. Item Number Description of Property Names of All Owners 25 Small Tiffany Light Husband & Wife 25 Small Comer Hutch (Handmade) Husband & Wife 25 Dining Table w/ (6) Chairs Husband & Wife 25 China Hutch Husband & Wife 25 Serving Hutch Husband & Wife 25 Console Stereo Wife 25 Wooden Silverware Container Husband & Wife 25 Blue Plaid Sofa Bed Husband & Wife 25 Blue Lazy Boy (Rocker/Recliner) Husband & Wife 25 Oak Rocking Chair Husband & Wife 25 Homemade End Table Husband & Wife 25 End Table w/lamp Husband & Wife 25 Wood Chair (old) Husband & Wife 25 Stereo cabinet w/glass door Husband & Wife 25 Old Stereo System Husband & Wife 25 33 Stereo Records Husband 25 TV Table/Stand Husband & Wife 25 19" Color TV (old) Husband & Wife 25 Kerosene Heater Husband & Wife 25 Round Table w/lamp Husband & Wife 25 Metal Floor Lamp Husband & Wife 25 Spinet Piano Husband & Wife 25 12" RCA Color TV Husband & Wife 25 Old Sofa Bed Husband & Wife 25 Coat Rack Husband & Wife 25 Book Case Husband & Wife 25 Black Metal Locker Husband & Wife Item Number Description of Property Names of All Owners 25 Coal Wood Burning Stove Husband & Wife 25 Desk/Work Center Husband & Wife 25 Metal Floor Lamp Husband & Wife 25 Refrigerator w/ice maker Husband & Wife 25 Homemade Table w/(4) Chairs Husband & Wife 25 Microwave Hutch (old) Husband & Wife 25 Microwave (old) Husband & Wife 25 Mr. Coffee Coffee Maker Husband & Wife 25 Mixer w/Bowls Husband & Wife 25 Hot Air Popcorn Maker Husband & Wife 25 Wooden Bread Box Husband & Wife 25 Canister Set Husband & Wife 25 Dishes Husband & Wife 25 Pots & Pans Husband & Wife 25 9" b/w TV Husband & Wife 25 Toaster Husband & Wife 25 King Size Water Bed Husband & Wife 25 End Table Husband & Wife 25 Armoire Husband & Wife 25 Dresser w/Twin Mirrors Husband & Wife 25 Dresser/Armoire Combo Husband & Wife 25 Small Deacon Bench w/(2) Drawers Husband & Wife 25 Desk/Work Center Husband & Wife 25 486 Computer (CCS) Husband & Wife 25 Panasonic Dot Matrix Printer Husband & Wife 25 Phone/Fax/Answering Machine Husband & Wife 25 Copier Husband & Wife Item Number Description of Property Names of All Owners 25 4 Drawer File Cabinet Husband & Wife 25 (2) 2 Drawer File Cabinet Husband & Wife 25 Chair w/wheels Husband & Wife 25 Misc. Desk Extension Husband & Wife 25 3 Shelf Bookcase Husband & Wife 25 Washer (old) Husband & Wife 25 Dryer (old) Husband & Wife 25 Ironing Board Husband & Wife 25 Iron Husband & Wife 25 Speaker Phone Husband & Wife 25 Table Phone Husband & Wife 25 Wall Pictures Husband & Wife 25 Christmas Decorations Husband & Wife 25 Games Husband & Wife 25 Head Board to Bedroom Suite (old) Husband & Wife 25 Misc. Auto Parts Husband 25 Freezer Husband & Wife NON-MARITAL PROPERTY Defendant, WILLIAM W. DAVEY, lists all property in which a spouse has a legal or equitable interest, which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion 25 Misc. End Table Grandmother's 25 Panasonic VCR Hillary's 25 Round Table w/Lamp Grandmother's 25 Toaster Oven Mother's 25 Day Bed Hillary's 25 Entertainment Center Hillary's 25 13" Color TV Hillary's 25 AIWA Stereo Hillary's 25 Blue Chair Hillary's 25 Bookcase Hillary's 25 Round Table (Homemade) Hillary's 25 Dresser w/Mirror Hillary's 25 Dresser Hillary's 25 (2) Cordless Phones Mother's 25 Play Hutch Hillary's 25 Crib, Spring, & Mattress Hillary's 25 Toys & Kitchen Set Hillary's 25 Sweeper Mother's 25 Metal Clothes Closet Grandmother's 3 & 19 College Fund for Daughter #701701826397 Daughter's College Fund 3 &19 College Fund For Daughter #501-5010133628 Daughter's College Fund PROPERTY TRANSFERRED Item Description of Date of Consideration Person to No. Property Transfer Whom Transferred LIABILITIES Item Names of All Names of All Number Description of Property Creditors Debtors 24 Marital Home Harris Savings Husband & Wife 24 Daughter's Braces Hilton Dominick Husband & Wife MARY M. DAVEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-272 CIVIL TERM WILLIAM W. DAVEY, :CIVIL ACTION -LAW Defendant IN DIVORCE PROOF OF SERVICE 1 I, Austin F. Grogan, Esquire, hereby certify that on March, , 1999, I served a copy of the Defendant's Inventory by first class mail, postage prepaid addressed as follows: Philip H. Spare, Esquire E. Robert Elicker,II SNELBAKER, BRENNEMAN & SPARE, P.C. Divorce Master 44 West Mail Street 9 North Hanover Street Mechanicsburg, PA 17055 Carlisle, PA 17013 DATE 3I~k~S`l Austin F. Gro an, sqj 24 North 32'~ Stree Camp Hill, PA 17011 (717) 737-1956 Attorney for Defendant I. D. #59020 IN THE COURT OF COMMON PLEAS OF CL'1~ERLAND COUNTY , PENNSYLVANIA MARY M. DAVEY Plaintiff VS. YILLIAM N. DAVEY N0. 98-272 19 MOTION FOR APPOINTMENT OF :~'IASTER • MARY M. DAVEY ~ (Plaintiff) (~~f~t), moves the court to appoint a master with respect to the following claims: ( ) Divorce ( x~ Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. ~1~~~~ (2) The defendant (has) (h3£~X~ appeared in the action (~~~~Q~~~CX ) (by his attorney, Austin F. Grogan ,Esquire). (3) The staturory ground(s) for divorce (is) ()_~~,~„~ (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: Equitable Distribution (~) The action (i~Xbt]Cfif~F#) (does not involve) complex issues of law or fact. (6) The hearing is expected to take one day (p{~~~~~ (~~i~ . (7) Additional information, if any. relevant to the motion: Date: February 11, 1999 Attorney fo (Plaintif ~ ) (~~C~~#4~##~ ) ORDER APPOINTING MASTER _ AND NOj ,19~, - ~:.I~t.GI~ is appointed master w' h respect to the following claims:_~ Esquire, ~ ~ 7 _ ' ~~ ~" ~-~ t3 ~ ~ -~ _ ~~ ~ ~;f#"V t7'I1~~;S~I~C~ 9U ~6 ~~ L I ~~~ b~ 1~~1C~~~~;i~-i3:~.y a ~~. ~~ ~~~~~ MARY M. DAVEY, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM W. DAVEY, Defendant NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE/CUSTODY ORDER AND NOW, this ~ ~ ~'~ day of ,'~ _ c~ ,•,,~~ci. -;~~'~, 2000, upon consideration of the attached petition, it is hereby directed that th parties and their respective counsel appear before ~- CX..iC-,'rte `- ~ n_~:~cx~ C~ ~ ~ ,Esquire, the conciliator, at ~`~~` ~~~~~ ~~"~~~~~ `~{,~k t .-1 ~i ~~c (.~`~C~_,n,~~=~ sbct,~~~; ~~ ~ '~ 7~ r-~,~~ ,Pennsylvania, on the ~ ~1~~~ day of ~~"~;g`~C,~ ~ , 2000, at ;~ ~.c; c, o'clock 4 ~ .M. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Conciliat'o~t- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~~ -~~ 4 , _ _ ; tl fv ~~~ _ a f a .._,_ .. .f MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 98-272 CIVIL TERM WILLIAM W. DAVEY, :CIVIL ACTION -LAW Defendant IN DIVORCE/CUSTODY PETITION FOR MODIFICATION AND NOW, comes Mary M. Davey, by her attorneys, Snelbaker, Brenneman & Spare, P. C. and files the within Petition as follows: 1. On October 4, 1999 an Order of Court was entered for partial physical custody based upon a Stipulation of the parties dated June 1, 1999. A true and correct copy of the October 4, 1999 Order of Court is attached hereto as Exhibit A. 2. The October 4, 1999 Order should be modified because: (a) Hillary, age 16, has expressed a strong desire to live with her Mother (Petitioner); (b) Mother can and will provide a stable and loving home environment for Hillary, which Father has failed to do; (c) It is in Hillary's best interest to reside with her Mother. WHEREFORE, Petitioner Mary M. Davey respectfully requests your Honorable Court to modify the existing Order of Court to provide Mother with primary physical custody of Hillary because it will be in the best interest of the child. SNELBAKER, BRENNEMAN & SPARE, P. C. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE By: Philip .Spare, Esquire Pa. Supreme Ct. ID #65200 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: January 21, 2000 Attorneys for PetitionerMary M. Davey Mary M. Davey MARY M. DAVEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. WILLIAM W. DAVEY, Defendant NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE STIPULATION AND NOW, this ~ day of ~~ l~ ~ 1999 the parties agree to the following Stipulation: 1. The Plaintiff is Mary M. Davey; 2. The Defendant is William W. Davey; 3. The parties are the natural parents of Hillary T. Davey, born April 6, 1983; 4. The parties agree that the Defendant/Father shall have primary physical custody of the child and shared legal custody in that the Plaintiff/Mother shall enjoy visitation/partial custody at times which are mutually agreed upon by the parties. WHEREFORE, the parties request that this Stipulation be made an Order of Court. WITNESS: ~~- ~~ MARY .DAVEY WILLIAM W. DAVEY J PHILIP SPA SQ. .~~, A STIN F. GROGAN, A.SQ EXHIBIT A ~~..F . r ~r : +r xF ,. Err ~ .. ~f:.~ } r' . 1 ~ ~ r[ 6~1 ~ ~fY }~~/ ~^~ ~ MARY . ~~~ l ~ , , F' .~intiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM WILLIA ~l ~ ~ ~ ', E ~~ CIVIL ACTION -LAW IN DIVORCE ORDER Ali[,! rP~ i~'~ tl~i~; ~~~.day of _._~__ ~-~~~ 1999, upon consideration of the attached mot:- ( - j ~~ ~trehy ordered and directed that: 1. 'iai~ rirt~. Mare M Davey, and the Defendant, William W. Davey, are the natural p;~r~~~ r 1li~iY-. T. Davey, horn April 6, 1983; 2. ~: >ete-~danr. shall have primary physical custody of the child and shared legal custody i ~: r ,. t ; ~ _ 'laz:~riff shall enjoy visitation/partial custody at times which are mutually agreed uFd~n ~ , w ~arti~5. BY THE COURT, .s 73 JUL>GE In T„vr^mary ~A~h~r~ef, ! h:-re Unto set my hand ar;d tiia seal of said Cou; ; at Carlisle, Pa. Tf~is .....tf.~..... day of....(:... 19.91. ~~.,~ ~, ......,....wwrl.S~'7.Y.~1.. ... ~..... ~~ .t:~ . ,E, , Prothonotary EXHIBIT A I -~~-•~ - . VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities. ....~ ~ ~(. Mary M. Dave Date: January 20, 2000 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Austin F. Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 Philip H. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Mary M. Davey Date: January 21, 2000 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Y MARY M. DAVEY, Plaintiff vs. WILLIAM W. DAVEY, Defendant PRIOR JUDGE: Edgar B. Bayley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-272 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY C QOL~iCILIATION SUMMP~RY RP,P~QZT IN ACOORDANCE WITH C[1r1BERT,AND QO[~1.'Y RULE OiF CML PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: rTAME DsATE OE' BIRTH C~tREI~Ti'LY IN CUS'I~ODy OF Hillary T. Davey April 6, 1983 Mother 2. A Conciliation Conference was held on March 14, 2000, with ,the following individuals in attendance: The Mother, Mary M. Davey, with her counsel, Philip H. Spare, Esquire, and the Father, William W. Davey, with his counsel, Austin F. Grogan, Esquire. 3. This Court previously entered an Order on October 4, 1999, based on the parties' Stipulation, providing for the Father to have primary physical custody of the Child subject to periods of partial custody with the Mother. The Mother filed this Petition seeking to modify the existing Order to reflect the current arrangements under which the parties' 16 year old daughter has resided with the Mother since January 2000. ~' 4. It was agreed between the parties and counsel that it is not necessary to obtain an additional Order at this time. The parties agreed to explore counseling/mediation as the most appropriate way to resolve the issues raised at the Conference. The parties will attempt to select a professional, by mutual agreement, to conduct the mediation. 5. It was also agreed that Conciliator to schedule an additi counsel for either party may contact the l ona Custody Conciliation Conference, if the parties are unable to resolve the custody issues through mediation. ~ 0 ~ S, aooo Date Da S. Sunday, Esquire ~ ~ ~ ~ ~ Custody Conciliator cc: Philip H. Spare, Esquire Austin F. Grogan, Esquire `~1i~1'4i"~Z~SE~~;~v ~1~ ~s! ~~~ i ~ ~~'~ ~~ h~t~'.1.G~4~~~ t~~v~~::~ - ~ Q ~~GGC~~L?/jZ ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 July 27, 2000 E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Davey v. Davey In Divorce Dear Mr. Elicker: This will confirm my request for a continuance in the Davey matter. When we initially scheduled the Master's Hearing for August 22, 2000, I failed to realize it was Criminal Pre-Trial for the September term of Court. I only realized that in late June and I have been trying to rearrange my Pre-Trial schedule to no avail. I have spoken with Attorney Spare who indicated that he does not concur, however, he would not oppose the continuance. It is my understanding that the new hearing date is October 12, 2000 and hopefully this will be the last continuance that I need to request. I apologize for the last minute request and I appreciate yours and Mr. Spare's cooUeration in this matter. If you have any questions, please contact me at your convenience. Sincerely, Austin F. Gro~a~ AFG/rr Cc: William Davey Philip Spare, Esq. RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE SNELBAKER, BRENNEMAN F3 SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 August 1, 2000 E. Robert Elicker, II, Esquire Office of the Divorce Master a Noxth Hanover Street Carlisle, PA 17013 Re: Davey vs. Davey Dear Mr. Elicker: P. O. BOX 318 FACSIMILE (717) 697-7681 This letter is in response to Attorney Grogan's correspondence to you dated July 27, 2000. Prior to receiving the letter, I received a telephone call from Tracy of your office indicating that the continuance had already been granted and that the hearing had been rescheduled for October 12, 2000. When I spoke with Attorney Grogan, I indicated that I did not concur with a request for a continuance. Had a motion for continuance been filed, and if we had been given an opportunity to respond to the motion, I believe my client would have instructed me to oppose such a motion. Because the August 22, 2000 date had been on everyone's calendar since February, we do not believe that any further delay in this matter is warranted. Very truly yours, Philip H. Spare PHS:jjc cc: Mary M. Davey ~. ~ ~ ~ ~ ~ ~ a b ~ ~ ~ ~ ~ ~ ~ y ~' ry ~ p '~? ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ n ~ o ~ ~ Or ~ C ^ C7 d ~ d f1 y r. f~'n ~ ~ r. ~O "7 p ~ M M z M ~ -~t ~ ;~'S D ~ ~ ~"'; O 0. 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'+ n a _R 9 ~ ~ ~ ~ ~ ~ ~ 9 ~ 9 ~ ~ ~ ~ ~ Y + + + + + + + + + + + + 9 + + + + 0 0 0 0 0 0 0 0 0 0 0 0+ 0 0 0 0 d i d r' '-~ ~C x :n cn cn h O p r:~ O 9 C `" x 0 Z -~ r ~< n z ,,;, .~ ~ N ~ ~ ~ ~ O R O '~ C C O ;, ~ ~ -, ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ ~• '~ '3 b C. %~ G ^~ G K ~ rD ~ ~ 0 0 ~ ~ ~ ~ 0 0 ~ ° i I ~ O ~ O U? :T~ UQ ' O ~ O O O O N I I O O O O ;-3 s r nelbaker, Brenneman & Spare, P.C- S 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 December l 1, 2000 Mary Davey 1101 Lindham Court, Apt. 602 Mechanicsburg PA 17055 Professional fee: $100.00 per hour Hours 0.30 10/16/00 Letter to Oppenheimer Funds 0.20 Letter to Atty. Grogan ference w/Krista Biggs, Customer Service Rep. at 0.20 Telephone con Oppenheimer Funds 0.20 10/17/00 Telephone conference w/client 0.10 10/19/00 Telephone conference w/client an 2 attempts to reach Atty. Grogan Gro A 0.50 g tty. Letter and fax to via phone 10/23/00 Telephone conference w/Atty Grogan 0.10 0.25 Legal Research Re: QDRO for IRA 0.20 10/25/00 Faro Attorney Grogan telephone conf. w/client; review faxed letter G 0.75 rogan; 10!26/00 Fax to Atty. from Atty. Grogan; 2nd fax to Atty. Grogan orce Master's office /Di 0.50 v 10/27/00 Review options; telephone conf. w 0.60 10/30/00 Telephone conference w/client 0.30 Telephone conference w/client 0.10 Telephone conf. w/Atty. Grogan 0.20 11/1/00 Fax to Atty. Grogan 0.30 11/2/00 Telephone conference w/client Enforce Terms of Agreement 1.75 Legal Research; Draft Petition to Telephone conf. w/Atty. Grogan; Fax to Atty. ; /Ma i 2.50 ry ng w 11/3/00 Meet Grogan; Review & revise Petition to Enforce Agreement; File and Serve Petition PETITIONER'S EXHIBIT ~ i $~ .,~~oo ~-~ Mary Davey Hours 11 /22/00 Telephone conference w/client Re: $7200 UTMA Account 0.10 Letter to Attorney Grogan 0.20 11 /29/00 Telephone conference w/Attorney Grogan 0.20 11/30/00 Telephone conference w/Creedon Hoffman, CPA re: IRA 0.20 distribution 12/ 1 /00 Letter to Attorney Grogan 0.20 12/6/00 Prepare for hearing 1.00 Meeting with client 2.25 Draft deed 0.75 12/7/00 Telephone conference w/Austin Grogan 0.30 Telephone conference w/client 0.10 Fax to Austin Grogan 0.20 Review fax from Oppenheimer; Fax to Attorney Grogan 0.30 Representation at Enforcement Hearing Page 2 Amount For professional services rendered 14.85 $1,485.00 `~-B~-C][] fJ4: ~iR SI'~IE ER, BREIVMEMAhJ 8~ SP 31~ 'A7 ~E81 p, Q2 r -- ~ ~~?. i ; °~' ~ - _. t• it 2ovo ~~p~nhe~rn~~t~nds~ ~nbeim~{unds ~r~.;es, >4 fiirisan 41(x1P~M~mtri'un~, MG 61kv3 soktl, T+~clprr w~~• ~~I j7 ~ ~~ii rW Tel 7 BtxS.525-70SA 44 ~Y.1bL Street Mecharu~bt~c~, PA i~035 .Fax I''~vmber 1-72'~.6~1-7~5] Feat ~'. Spare: This letter is iri onse to cur recen[ 'T'hank yo~y far gib us this oPA~t~ty to ~,~ motion rig the referr~r~ Sc~~r,t, ro distribute the ~ $y a nor-tax +~c-'sp~~e. we nest rccG',,ve the fob able trensfe~r, ~ir~ i~i~a,~ W. ~lavey° s retirement pta~,s to his ~~msms: ` `~ 1'~~ ~~og what should be done b ~ and ~ ex ~~ tt~res of~Y arrt souse, acxor #ie the illi ~ ~4ns. ~ A.~ntp[ete ~ ~~~ ~~ VaCStg ~~ ~at tItYUIGE d~~ 1~LC~ll~g Y cap ofthe sbar,c~ to his P~p'~g settttrne~ ear-spouse. A ~mpleted II~A black $ Pion From ~ilham W. ~awey's ex-,spc}~e. I have fUnvarded a Plan for her er~nveni~~ plaas~ note, the etaps- oftI~ decree most ate that 1t is a ~a1 decree. The cafi~ won of ns authersti~t~ ate. ~t vest title to #~ ~.~ ~ ~ ~iilba the Gast tS0 days. Tf th,~ decree ~t in the shares to t}ie first per' but requires t#re othar party to ass" F~Y~ ~ fictions rnuut be '~' h~s °r ~ ~' by a:,1 register ~,~. ~llxfy, we can not accept a fax ofthese,. addrass, it is: -~mds Set'rrice ets. tfypu #o ttse wa feu rr~g doCu~ts tv ~ IO~AtI ~. ~, $tdg. T], I~~evex, ~O mail ~ l~~e r~`ererjca our t +6. " 16333, D~~-~~ -+DC] 04 ~ 21 R ENE AKER , BRENhfEMAN & ~P" 71 ~ 9~ ~fi81 R' . tJ3 ,_ f"~ you h$ve any cEuestio>7s~ p eod us ~ I~$Q(~-S-Tt1~48_ throyg~ ~~idaY~n $-4tt ~.m. to 9:04 ~~ abt~ Mandy time. We'I! be dad ~ bhp p~m. and ~~~y ~rn 14-44 a_m to ~:4t? p.m. F,ast~, ~E'~nds The RrgJrt W~-,ta I~„~.st Enct_ ~ig;~,~~ ~a~rtee Iastru~t~a>1>ts ~ ~AP~~ati+7n ~1aw m'OC ~U16333~ ..-~. MARY M. DAVEY, vs. ~ ~ WILLIAM W. DAVEY, THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA NO: 98-272 CIVIL IN DIVORCE Defendant ORDER AND NOW, this `~~` day of , 2000, upon review of the Plaintiff s Petition to Enforce Terms of Equitable Distribution Agreement, a Rule is issued against William W. Davey to show cause why the relief sought by this Petition to Enforce Terms of Equitable Distribution Agreement not be granted; said e d hearing on said Petition to be held on the ~ ~ ~ day of J~j~~,,~,y~,(~,,~ , 2000, at ~ ~ '. t'~C7 o'clock ~ .M., (prevailing time, in Courtroom No. ~ at the Cumberland County Courthouse, Carlisle. By the Court, LAW OFFICES SNELHAKER, BRENNEMAN Ec SPARE ~ ~~ /1-8.00 . ~ ,~ ' ' ~/! ., , _ , _ ., ~., ,- ._ ~ MARY M. DAVEY, vs. ~ WILLIAM W. DAVEY, Plaintiff, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 98-272 CIVIL IN DIVORCE PLAINTIFF'S PETITION TO ENFORCE TERMS OF EQUITABLE DISTRIBUTION AGREEMENT AND NOW, comes the Plaintiff/Petitioner, Mary M. Davey, by her attorneys, Snelbaker, Brenneman & Spare, P.C. and petitions your Honorable Court as follows: BACKGROUND 1. A Master's Hearing was scheduled in this case for October 12, 2000. 2. Rather than proceeding immediately to taking evidence on October 12, 2000, the parties negotiated an agreement with respect to equitable distribution. 3. The parties' agreement reached October 12, 2000 was transcribed on the record before the Divorce Master. A true and correct copy of the transcript of the October 12, 2000 agreement is attached hereto as Exhibit A and incorporated herein by reference. 4. The October 12, 2000 agreement identified three (3) Individual LAW OFFICES SNELHAKER. BRENNEMAN & SPARE Retirement Accounts currently titled in Respondent's name as follows: a. Oppenheimer Account No. 7007003423409 with a value of $7,132.51 as of October 11, 2000; b. Oppenheimer Account No. 7017010728794 with a value of $38,958.63 as of October 11. 2000; and c. Oppenheimer Account No. 4214210691966 with a value of $41,492.22 as of October 11, 2000. 5. Paragraph 14 of the October 12, 2000 agreement provides, in pertinent part: "Mary Davey will receive all of the IRAs in the Oppenheimer accounts that were described previously." 6. As of October 12, 2000, all of the above referenced Individual Retirement Accounts became the property of Petitioner. CHANGE IN INVESTMENT OPTIONS 7. During negotiations on October 12, 2000, Respondent agreed to cooperate with efforts to change the investment options on the above-referenced Individual Retirement Accounts from stock mutual funds to money market-type accounts as soon as possible to address Petitioner's concerns regarding volatility of the stock market. 8. Paragraph 17 of the October 12, 2000 agreement provides, in part: LAW OFFICES SNELBAKER. BRENNEMAN & SPARE "Each [party] will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims." 2 9. Through counsel, Petitioner has requested Respondent's cooperation in changing the investment options on the above-referenced Individual Retirement Accounts numerous times beginning October 19, 2000. 10. By letter faxed to Respondent's counsel on October 19, 2000, Petitioner requested that Respondent change the investment options on the Individual Retirement Accounts as soon as possible. The phone number for Oppenheimer was provided along with instructions indicating that the investment option could be changed by a telephone call. 11. By letter dated October 25, 2000, faxed to Petitioner's counsel indicated: "We will endeavor to transfer the approximately $87.583.36 into a money market account as soon as possible ...." 12. Despite numerous requests, Respondent failed and refused to pick up the telephone, call Oppenheimer, and make the changes to investment options as requested until November 2, 2000 resulting in increased counsel fees to Petitioner 13. On or about November 2, 2000, Respondent apparently transferred LAW OFFICES SNELBAKER, BRENNEMAN & SPARE $87,583.36 into money market and cash reserves accounts, but failed to transfer the full balances of the Individual Retirement Accounts. TRANSFER OF INDIVIDUAL RETIREMENT ACCOUNTS AND MUTUAL FUNDS FROM HUSBAND TO WIFE 14. By letter dated October 16, 2000 from Petitioner's counsel to Respondent's counsel, Respondent was requested to execute a letter of instruction 3 addressed to Oppenheimer Funds to transfer the Individual Retirement Accounts and jointly titled mutual funds into Petitioner's name. 15. Respondent's counsel reports that he is concerned that the method of transfer suggested by Oppenheimer for the IRA Funds may not result in a nontaxable transfer and is looking into the need for a Qualified Domestic Relations Order. 16. To date, the transfer of the Individual Retirement Accounts and jointly titled mutual funds to Petitioner has not occurred. TRANSFER OF FUNDS FOR BENEFIT OF DAUGHTER 17. Paragraph 12 of the October 12, 2000 agreement provides: 12. The parties recognize that during the marriage they accumulated funds in a certificate of deposit held with Fulton Bank with a face amount value of $4,300.00 that accumulated $4,386.00 worth of interest up until the time it was cashed by Hillary in early 2000. Those funds have been spend in party by Hillary in the amount of approximately $1,400.00 which results in an account balance of approximately $7,200.00 plus any interest accrued since the time of deposit into an account in the name of William Davey. The parties agree that that account will be transferred from William Davey's name only to an account titled as William Davey and Mary Davey and those funds will be used upon agreement of the parties for the benefit of Hillary. 18. Due to Respondent's lack of cooperation on other issues, Petitioner is LAW OFFICES SNELHAKER. BRENNEMAN & SPARE concerned that he will not make the transfer required by Paragraph 12 of the October 12, 2000 agreement within a reasonable time frame and without court intervention. 4 19. To date, Petitioner has not been informed that the transfer required by Paragraph 12 of the October 12, 2000 agreement has taken place. WHEREFORE, Petitioner respectfully requests your Honorable Court to effect Respondent's compliance with the October 12, 2000 agreement pursuant to 24 Pa. C.S. § 3502 (e) by ordering Respondent to: a) comply with the terms of the agreement; b) to transfer all of the Individual Retirement Accounts into investments selected by Petitioner; c) to transfer all of the Individual Retirement Accounts into Petitioner's name; and d) to award Petitioner counsel fees and costs. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. B f Y a 'Philip I~ Spare, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff/Petitioner LAW OFFICES SNELBAKER, BRENNEMAN EC SPARE Dated: November 3, 2000 5 MARY M. DAVEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 98 - 272 CIVIL WILLIAM W. DAVEY, . Defendant IN DIVORCE THE MASTER: Today is Thursday, October 12, 2000. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Mary M. Davey, and her counsel Philip H. Spare, and the Defendant, William W. Davey, and his counsel Austin F. Grogan. This action was commenced by the filing of a divorce complaint on January 20, 1998. The complaint raised grounds for divorce of irretrievable breakdown of the marriage. Counsel have provided the Master with signed affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties so that the divorce can be concluded under Section 3301 (c) of the Domestic Relations Code. The Master will file the affidavits and waivers along with an affidavit of service which was given to the Master by Mr. Spare. These documents will be filed with the Prothonotary. The complaint also raised the economic claim of equitable distribution. No claims have been raised for alimony or counsel fees and expenses. EXHIBIT A (Page 1 of 8) The parties were married on June 20, 1970, and separated October 25, 1997. They are the natural parents of one child, Hillary T. Davey, born April 6, 1983, who is in the custody of the husband. The Master has been advised that after considerable negotiations this morning the parties have reached an agreement with respect to the equitable distribution claim raised in the complaint. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and given to counsel to review for typographical errors. After any corrections of typographical errors have been made, the parties and counsel will be asked to sign the agreement affirming the terms of settlement as placed on the record. It is noted, however, that even though there is no signature by the parties and counsel, the agreement as stated on the record will be considered binding on the parties when they leave the hearing room today. After the agreement has been returned to the Master, the Master will file an order with the Court requesting the Court to vacate his appointment. Counsel will Exhibit A (Page 2 of 8) then be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Spare. MR. SPARE: The parties have agreed as follows: 1. The marital home with an address of 703 Charles Street, Mechanicsburg, Pennsylvania, has a value of $141,000.00. There is a remaining balance on the mortgage as a lien against the marital home in the amount of $4,940.00 as of October 11, 2000. 2. Mary Davey's retirement benefit from her former employer, Pennsylvania Blue Shield has a present value of $8,971.07. 3. William Davey's retirement benefit from the federal government as his employer has a present value of $31,159.00. 4. There are two automobiles that were marital property, a 1990 Oldsmobile Cutlass with an agreed to value of $1,000.00, that would be in the custody of Mary Davey, and a 1980 Audi 5000 with a value of $1,000.00 that is in William Davey's custody. 5. The parties had several Harris Savings account at the time of separation, one checking account, No. 1800008179 with value of $4,862.04. Mary Davey kept custody of that account. 6. There was a Saver's Advantage account, No. 1860000991 which was split equally at the time of separation. Both parties received $15,483.00. 7. There was a checking account at Harris that William kept custody of, account No. 11900019838 with a balance of $970.00 at the time of separation. 8. William also kept a Harris Savings account, No. 11860006303 with a balance of $2,880.51 at the time of separation. 9. The parties have numerous accounts held with the investment firm of Oppenheimer as follows: There is an IRA held in Mary's name only, account No. 700703597627* The account value as of October 11, 2000, in that account was $13,219.45. The parties have stipulated that Exhibit A {Page 3 of 8) Mary made three separate post-separation contributions to her IRA in the amount of $2,000.00 each for a total of post-separation contribution of $6,000.00 resulting in the net marital value of the previously stated IRA account at $7,219.45. There is an Oppenheimer account, No. 7007003423409 which is an IRA held in the name of William Davey with a value of $7,132.51 as of October 11, 2000. There is another Oppenheimer account held as an IRA in the name of William Davey, account No. 7017010728794 with a value of $38,958.63 as of October 11, 2000. There is an IRA held in the name of William Davey, account No. 4214210691966 with a value of $41,492.22 as of October 11, 2000. There is a jointly owned mutual fund account, No. 3313310560450 in the name of William Davey and Mary Davey, joint tenants with right of survivorship in the amount of $7,736.21 as of October 11, 2000. There is an Oppenheimer account in joint names with William Davey and Mary Davey as joint tenants with right of survivorship, account No. 2712710074910 with a value of $8,089.69 as of October 11, 2000. There is a mutual fund in the name of William Davey and Mary Davey as joint tenants with right of survivorship, account No. 7017010826045 with an account balance of $6,622.59 as of October 11, 2000. 10. The parties recognize that during the marriage they accumulated funds which they intended to set aside for the college education of their daughter Hillary. Those funds have been placed in Oppenheimer fund accounts in the name of William Davey as custodian for Hillary under the Uniformed Transfers to Minors Act, account No. 5015010133628 with a value of $7,611.88 as of October 11, 2000. The second account, also held under the Uniformed Transfers to Minors Act with William Davey as custodian for Hillary, account No. 7017010826397 has a value of $8,933.14. 11. The parties stipulate that Mary Davey is entitled to a credit for the rental value of the marital home from the time of November 1997 through October 2000 in the net amount of $5,000.00. 12. The parties recognize that during the marriage they ~hibit A {Page 4 of 8) accumulated funds in a certificate of deposit held with Fulton Bank with a face amount value of $4,300.00 that accumulated $4,386.00 worth of interest up until the time it was cashed by Hillary in early 2000. Those funds have been spent in part by Hillary in the amount of approximately $1,400.00 which results in an account balance of approximately $7,200.00 plus any interest accrued since the time of deposit into an account in the name of William Davey. The parties agree that that account will be transferred from William Davey's name only to an account titled as William Davey and Mary Davey and those funds will be used upon agreement of the parties for the benefit of Hillary. 13. This agreement does not take into account the value of personal property which will be the subject of further negotiations later today. 14. Based upon the foregoing marital assets that have been described, the parties have agreed as follows: Mary Davey has received the Harris Savings account in the amount of $4,862.04; William Davey has received the Harris Savings account in the amount of $970.00; William Davey has received the Harris Savings account in the amount of $2,680.00; William Davey will retain his pension with a present value of $31,159.00; William Davey will be awarded the marital home subject to the lien of mortgage that was described previously; Mary Davey will receive the present value of her pension benefits from her former employment, Pennsylvania Blue Shield; Mary Davey will receive all of the IRAs in the Oppenheimer accounts that were described previously; Mary Davey will receive all of the accounts held in Oppenheimer funds that were described as mutual funds owned as joint tenants with right of survivorship. 15. There will be a $25,000.00 cash payment made from William Davey to Mary Davey, as part of this agreement. That payment shall be made upon William Davey obtaining the cash, most probably through refinancing of the marital home. The Exhibit A Page 5 of 8) deed to the marital home will pass to William from Mary at the time of the refinancing or payment of the $25,000.00 cash payment. We stipulate that William Davey will have sixty (60) days from today's date to accomplish the refinancing necessary to make the $25,000.00 payment to Mary Davey. If the refinancing or the payment does not occur within sixty (60) days from today's date, we will all agree to come back before the Master as soon as possible to iron out any details that might need to be addressed at that time. THE MASTER: The Master will not vacate his appointment until he has been notified by counsel that the financing has been accomplished, the deed delivered, and the payment of money made to wife. MR. GROGAN: 16. Mary Davey is aware of the fact that she is waiving her interest in William Davey's military pension and will sign the necessary paperwork to waive her interest in the military pension benefits. 17. Except as herein otherwise provided,:each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SPARE: Mary, were you present as we spoke here today on the record regarding the existence and distribution of marital property? Exhibit A (Page 6 of $) MS. DAVEY: Yes. MR. SPARE: Do you have any objections to either the descripti ons of t he marital property or the distributio n thereof as desc ribed today on the record? MS. DAVEY: No. MR. SPARE: Is there anything that you would like to add to the record at this time? MS. DAVEY: No. MR. GROGAN: Bill, were you present during the making of this stipulation on the record? MR. DAVEY: Yes, sir. MR. GROGAN: Did you listen to everything? MR. DAVEY: Yes, sir. MR. GROGAN: Do you understand what you are agreeing to do by thi s agreement? MR. DAVEY: Yes, sir. MR. GROGAN: Do you have any questions about it? MR. DAVEY: No, sir. MR. GROGAN: Do you have any questions about the retirement benefits that you want to raise regarding your military retirement? MR. DAVEY: I think we covered those. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of Exhibit A (Page 7 of 8) settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: hil p H. Spare Mary M Davey Attorney for Plaintiff 1 % ^ ` ~' ~ ~ / ~-'~,c Austin F. G,rogari William W. Davey Attorney for De endant ~_ . ~- * AT TIME OF SEPARATION, THE IRA HELD IN MARY'S NAME WITH OPPENHEIMER WAS 700703597627. SINCE SEPARATION, THE ACCOUNT NUMBER HAS BEEN CHANGED TO 7007008067928. Exhibit A (Page 8 of 8) VERIFICATION I verify that the statements made in the foregoing Plaintiff's Petition to Enforce Terms of Equitable Distribution Agreement 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. ~~ ary M. Davey Dated: November ~ , 2000 LAW OFFICES SNELBAKER, BRENNEMAN 8t SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Plaintiff's Petition to Enforce Terms of Equitable Distribution Agreement upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: Austin F. Grogan, Esquire 24 North 32°d Street Camp Hill, PA 17011 Philip .Spar , squire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff/I'etitioner Date: November ~ 2000 J LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~~. ,} ~ _~~ T. •: f ~ 7 -! p rJJ ) ~. {,, ;;~, :t,q ;~., ~ `, ., ,a ~. ~, -- ' ;r MARY M. DAVEY, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM W. DAVEY, Defendant ORDER AND NOW, this 7~ NO. 98-272 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE day of August, 2001, upon consideration of the request for a continuance contained in the August 10, 2001 letter from Philip H. Spare, attorney for Mary M. Davey, said request is GRANTED, and the hearing scheduled for August 23, 2001 at 1:30 p.m. is hereby continued and rescheduled for September 27, 2001 at 8:45 a.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 6~" ~ ~~. 0~~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE l~~'. ~ ,. y,y „5 i i. j w~ Y a MARY M. DAVEY, Plaintiff V. WILLIAM W. DAVEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 98-0272 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of September, 2001, following a hearing, it is ordered that the parties issue a check payable to William W. Davey from the joint college fund account at Waypoint for the following expenses: A computer, $3,247.85; tuition, $1,527.50; course registration, $300.00; drafting sets, $471.83 and $250.17; bookstore for course books, $317.69, and rolling tool cabinet, $105.95. .~ By the C t, r Edgar B. yley, J. Philip H. Spare, Esquire ~ For Plaintiff Austin F. Grogan, Esquire For Defendant c) Sheriff ~,~~ Q~~- prs ": i i i i j ` ~ ~ r' Jj ``' t t ~. yS ..:'~ • E-. ~.. l P _1 ~~