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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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PENNA.
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DALE E. ACELA,
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Plaintiff
No.
00-7173 Civil Term
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VERSUS
Defendant
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KENNETH S. ACELA,
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DECREE IN
DIVORCE
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AND NOW, ,)..'~ ,IT IS ORDERED AND .
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Dale E. Acela .
DECREED THAT , PLAINTIFF, .
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AND Kenneth .s. Acela , DEFENDANT, .
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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The parties' Separation and Prooerty Settlemetn Agrppmpnt rl~tPrl np~pmber ~
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16, 2002, is
not mer
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PROTHONOTARY
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~1%ay of ~~
. 2002, by and
between DALE E. ACELA, of Newville, Cumberland County, Pennsylvania, party of the first
part, hereinafter referred to as "Wife",
AND
KENNETH S. ACELA, of Carlisle, Cumberland County, Pennsylvania, party of the
second part, hereinafter referred to as "Husband",
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on November
1, 1986, in Centre County, Pennsylvania.
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart, and the parties
hereto are desirous of settling their respective financial rights and obligations as between each
other, and to fmally and for all time to settle and determine their respective property and other
rights growing out of their marital relations; and wish to enter into this Separation and Property
Settlement Agreement;
WHEREAS, both and each of the parties hereto have had the opportunity to be advised of
their legal rights and the implications of this Agreement and the legal consequences which may
and will ensue from the execution hereof;
WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income of
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Husband and Husband acknowledges that he has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income of
Wife; and
NOW, THEREFORE, m consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the
parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and
agree as follows:
1. Advise of Counsel: The provisions ofthis Agreement and their legal effect have been
fully explained to the parties by their respective counsel, Bradley L. Griffie, Esquire,
for Wife and Thomas 1. Williams, Esquire, for Husband. The parties acknowledge
that they have received independent legal advice from counsel of their own selection
and that they fully understand the facts and have been fully informed as to their legal
rights and obligations :md they acknowledge and accept that this Agreement is, in the
circumstance, fair and equitable and that it is being entered into freely and voluntarily
after having received such advice and with such knowledge that execution of this
Agreement is not the result of any duress or undue influence and that it is not the
result of any collusion or improper or illegal agreement or agreements and the parties
hereto state that he/she, in the procurement and execution of this Agreement, has not
been subject to any fraud, concealment, overreaching, imposition, coercion, of other
unfair dealing on the part of the other, or on the part of the other's counsel..
2. Warranty of Disclosure: The parties warrant and represent that they have made a full
disclosure of all assets and their valuation prior to the execution of this Agreement.
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This disclosure was in the fom1 of an informal exchange of information by the parties
attorneys and this Agreement between the parties is based upon this disclosure.
3. Personal Rirzhts and Seoaration: Wife and Husband may and shall, at all times
hereafter, live separate and part. They shall be free from any control, restraint,
interference or authority, direct or indirect, by the other in all respects as if they were
unmarried. They may reside at such place or places as they may select. Each may,
for his or her separate use or benefit, conduct, carry on and engage in any business,
occupation, profession or employment which to him or her may seem advisable.
Wife and Husband shall not molest, harass, disturb, nor malign each other or the
respective families of each other nor compel or attempt to compel the other to cohabit
nor dwell by any means or in any manner whatsoever with him or her.
4. Agreement not a Bar to Divorce Proceedings: This Agreement shall not be
considered to affect or bar the right of Wife or Husband to a limited or absolute
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such
defense as may be available to either party. This Agreement is not intended to
condone and shall not be deemed to be a condonation on the part of either party
hereto of any act or acts on the party of the other party which may have occasioned
the disputes or unhappy differences which have occurred prior to or which may occur
subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault
divorce pursuant to the terms of g330l(c) of the Divorce Code of 1980.
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5. A"reement to be Incoroorated in Divorce Decree: The parties agree that the tenus of
this Agreement may be incorporated into any divorce decree whicb may be entered
with respect to them. Notwithstanding such incorporation, this Agreement shall not
be merged in the decree, but shall survive the same and shall be binding and
conclusive on the parties for all time.
6. Date of Execution: The "date of execution" or "execution date" of this Agreement
shall be defined as the date upon which it is executed by the parties if they have each
executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the
party last executing this Agreement.
7. Personal Propertv: Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property including, but without limitation,
jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and
appliances, pictures, books, works of art and other personal property and hereinafter
Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that all of the property in the
possession of Wife shall be the sole and separate property of Wife. The parties do
hereby specifically waive, release, renounce and forever abandon whatever claims, if
any, he or she may have with respect to the above items which shall become the sole
and separate property of the other, with full power to him or her to dispose of the
same as fully and effectually, as though he or she were unmarried.
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It is further acknowledged by Wife that she has no knowledge of the whereabouts or
possession of a certain FaylEgan twelve foot belt driven lathe nor a Snapper
Multi-Function Yard Machine, and that both of these items of personal property are
and shall remain Husband's sole possession. Husband may, as he deems appropriate,
pursue any avenues available to him to regain possession of these items.
8. Marital Debt: Wife has and shall assume sole and exclusive responsibility for
repayment of the following marital debts, or the debts resulting from any refinance or
any payoff of the following debts: Members I st VISA account, CitiBank VISA
account, Chase VISA account, HRS Revolving Credit (purchase of satellite dish),
Wal-Mart (formerly Montgomery Wards) credit card. Wife shall indemnifY Husband
and hold him harmless from and against any and all demand for payment or collection
activity of any nature whatsoever relative to the aforesaid debts.
In the event either party has additional debts in their individual names alone, whether
they were incurred during the parties' marriage or subsequent to their separation,
those debts shall remain the sole and exclusive responsibility of the party in whose
name they exist. Each party shall indemnifY the other and hold them harmless from
and against any and all demand for payment or collection activity on account of any
such debts.
9. Bank Accounts: For the mutual promises and covenants contained in this Agreement,
Husband and Wife hereby waive all right, title, claim or interest they may have by
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equitable distribution in their respective bank accounts, checking or savings, if any,
and each party waives against the other any duty of accounting for disposition of any
jointly held funds.
10. Cash Disbursement: Husband shall disburse to Wife the sum of NINE THOUSAND
FIVE HUNDRED FOUR AND XX/I 00 ($9.504.00) DOLLARS through securing funds
and providing them to Wife through her legal counsel within thirty (30) days of
execution of this Agreement. In the event that Husband is unable to secure such sums
after reasonable efforts, these funds shall be disbursed directly from the benefits to
which Husband is entitled from the estate of his late-father, Stanley M. Acela. As
such, a copy of this Agreement may be provided to the executor/administrator of the
estate of Stanley M. Acela, where the estate is located in the Probate Court of
Cuyahoga County, Ohio, docketed to estate No. 2000-EST-004l446 for purposes of
advising the executor/administrator at the time of distribution of any net proceeds
from the aforesaid estate, before any :funds are forwarded to or received by Husband,
the sum of NINE THOUSAND FIVE HUNDRED FOUR AND XX/IOO ($9,504.00)
DOLLARS must be disbursed directly from the estate to Wife's legal counsel by
forwarding a check made payable to "Bradley L. Griffie, Esquire, attorney for Dale E.
Acela" and mailing said check to:
Bradley L. Griffie, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
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By providing a copy of this Agreement to the executor/administrator of the estate,
Husband hereby releases the said executor/administrator for any claims of any nature
whatsoever relative to the required disbursement to Wife and, more particularly, this
specifically authorizes disbursement as set forth above.
11. After-AcQuired Personal Prooertv: Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of personal property,
tangible or intangible, hereafter acquired by him or her, with full power, in him or her
to dispose of the same as fully and effectively, in all respects and for all purposes, as
though he or she were unmarried.
12. Motor Vehicles: At the time of the parties' separation, Wife had in her name alone a
1996 Ford Taurus sedan, which is and shall remain in her sole and exclusive
ownership and possession. At the time of the parties' separation, Husband had in his
name alone, a 1990 Ford van which is and shall remain in his sole and exclusive
ownership and possession. Neither party shall make any claim of any nature
whatsoever relative to ownership of or rights to the vehicle in the other party's
possession and ownership. In the event it would be necessary for either party to
execute any document, to transfer of ownership of the vehicle or waive any interest
in the vehicle, they will execute such documents within fifteen (15) days of being
requested to do so by the other party or their counsel.
13. Reciorocal Waivers of Pension Interests: Husband and Wife agree to waive any and
all right, title, or interest in the other party's 401(k) account(s), Individual Retirement
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Account(s), Pension(s), Aunuities, profit-sharing plans, or other retirement accounts
or plans. In the event it is necessary for either party to executed any documents to
waive, relinquish or transfer any right, title or interest in the other party's retirement
accounts, he/she will do so within fifteen (15) days of being requested to do so by the
other party.
14. Warranty as to Post Separation and Future Oblizations: Husband and Wife each
covenant, warrant, represent and agree that each will now and at all times hereafter
save harmless and keep the other party indemnified from all debts, charges and
liabilities incurred by the Husband or Wife, respectively.
15. Waiver or Support: Husband and Wife hereby waives any and all right or claim of
any nature whatsoever relative to receipt of alimony, alimony pendente lite, spousal
support, spousal maintenance, counsel fees or expenses claimed by the other party.
Each party has secured and maintained substantial and adequate funds or sufficient
income sources in which to provide themselves with the comfort, maintenance, and
support in the station of life to which they were accustom. As such, Husband and
Wife do hereby waiver, release and give up any rights they may respectively have,
one against the other, for alimony, support or maintenance as provided pursuant to
Chapter 37 of the Domestic Relations Code.
16. Mutual Releases: Husband and Wife each do hereby mutually remise, release,
quitclaim, and forever discharge the other and the estate of such other, for all times to
come and for all purposes whatsoever, of and from any and all right, title and interest,
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or claims in or against the property (including income and gam from property
hereafter accruing) of the other or against the estate of such other, of whatever nature
and wheresoever situate, which he or she now has or at any time hereafter may have
against such other, the estate of such other, or any part thereof, whether arising out of
any former acts, contracts, engagements, or liabilities of such other as by way of
dower or curtesy, or claims in the nature of dower or curtesy or widow's or
widower's rights, family exemption, or similar allowance, or under the intestate laws,
or the right to take against the spouse's Will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c)
any other country, or any rights which either party may have or at any time hereafter
have for past, present, or future support or maintenance, alimony, alimony pendente
lite, counsel fees, costs or expenses, whether arising as a result of the marital relation
or otherwise, except and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach
of any thereof. It is the intention of Husband and Wife to give to each other by
execution of this Agreement a full, complete, and general release with respect to any
and all property of any kind or nature, real or personal, or mixed, which the other
now owns or may hereafter acquire, except and only except, all rights and agreements
and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any thereof.
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17. Divorce: Contemporaneously with execution of this agreement by the parties each
party shall execute an Affidavit of Consent pursuant to 93301 (c) of the Divorce Code
of Pennsylvania and the Waiver of Notice of Intention to Request the Entry of a
Decree in Divorce such that the divorce action initiated by Wife may be resolved
through Wife filing a Praecipe to Transmit the Record in securing a Decree in
Divorce pursuant to 93301(c) of the divorce.
18. Lef!al Fees: In the review and preparation of this Agreement each party shan bear his
or her own legal fees.
19. Remedv for Breach: If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, either to sue for damages for
such breach, in which event the breaching party shall be responsible for payment of
legal fees and costs incurred by the other in enforcing their rights hereunder, whether
through formal court action or negotiations, or to seek such other remedies or relief as
may be available to him or her.
20. Equitable Distribution: It is specifically understood and agreed that this Agreement
constitutes and equitable distribution of property, both real and personal, which was
legally and beneficially acquired by Husband and Wife or either of them during the
marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known
as "The Divorce Code," 23 P .S. 101 et seq. of the Commonwealth of Pennsylvania,
and as amended.
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21. Summar)! of Effect of Ae:reement: It is specifically understood and agreed by and
between the parties hereto, and each party accepts the provisions herein made in lieu
of and in full settlement and satisfaction of any and all of the said parties' rights
against the other for any past, present and future clams on account of support,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses,
equitable distribution of marital property and any other claims of each party,
including all claims raised by them in the divorce action pending between the parties.
22. Tax Consequences: By this Agreement, the parties have intended to effectuate and by
this Agreement have equally divided their marital property. The parties have
determined that such equal division conforms to a right and just standard with regard
to the rights of each party. The division of existing marital property is no, except as
may be otherwise expressly provided herein, intended by the parties to institute or
constitute in any way a sale or exchange of assets and the division is being effected
without the introduction of outside funds or other property not constituting a party of
the marital estate.
23. Mutual Cooperation/Dut]! to Effectuate Ae:reement: Each party shall at any time and
from time to time hereafter, take any and all steps and execute, acknowledge and
deliver to the other party any and all further instruments and/or documents that the
other party may reasonably require for the purpose of giving full force and effect to
the provisions of this Agreement.
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24. Reconciliation: The parties shall only effectuate a legal reconciliation which
supersedes this Agreement by their signed agreement containing a specific statement
that they have reconciled and that this Agreement shall be null and void; otherwise,
this Agreement shall remain in full force and effect. Further, the parties may attempt
a reconciliation, which action, if not consummated by the aforesaid agreement, shall
not affect in any way the legal affect of this agreement or cause any new marital
rights or obligations to accrue.
25. Severability: If any tem1, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that term
condition, clause or provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force, effect, and
operation. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with exception of the satisfaction of the
conditions precedent, shall in no way void or alter the remaining obligations of the
parties.
26. No Waiver of Default: This Agreement shall remain in full force and effect unless
and until terminated under and pursuant to the terms of this Agreement. The failure of
either party to insist upon strict performance of any of the provisions of this
Agreement shall in no way affect the right of such party hereafter to enforce the
same, nor shall the waiver of any breach of any provision hereof be construed as a
waiver of any subsequent default of the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other obligations herein.
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27. Intezration: This Agreement constitutes the entire understanding of the parties and
supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth herein. This
Agreement shall survive integration by any court into any judgment for divorce and
shall continue to have independent legal significance as a written contract separate
from such judgment for divorce and may be enforced as an independent contract.
28. Effect of Divorce Decree: The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time
as a final Decree in Divorce may be entered with respect to the parties.
29. Notices: Any and all notices given hereunder shall be in writing and shall be sent
certified mail, restricted delivery, return receipt requested:
a.) To Husband in care of his attorney, Thomas 1. Williams, Esqnire, 10 East High
Street, Carlisle, P A 17013.
b.) To Wife in care of her attorney, Bradley L. Griffie, Esquire, 200 North Hanover
Street, Carlisle, P A 17013.
30. Waiver or Modification to be in Writing: No modification or waiver of any of the
terms hereof shall be valid unless in writing and signed by both parties and no waiver
of any breach hereof or default hereunder shall be deemed a waiver of any subsequent
default of the same or similar nature.
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31. Caotions: The captions of this Agreement are inserted only as a matter of
convenience and for reference and in no way defied, limit or describe the scope and
intent of this Agreement, nor in any way effect this Agreement.
32. Azreement Binding on Heirs: This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executor, administrators,
successors and assigns.
33. Governing Law: This Agreements shall be construed in accordance with the laws of
the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have set fOlth their hands and seals to two
counterparts of this Agreement, each of which shall constitute an original, the day and year first
above written.
WITNESSES:
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Date DALE E. ACELA
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. Iiams, Esquire
KE
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
On this IU~ayof ~
, 2002, before me, the undersigned
officer, personally appeared DALE E. ACELA, known to me (or satisfactory proven) to be the
person whose name is subscribed to the within Agreement and acknowledged that she executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
j~)
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CaKa~a J. Lehman, Notary Public
rllSle Boro. Cumberland CounIv
My Commission Expires Aug. 25, 2llO3
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On thiS(;((}.fA day of n ~
, 2002, before me, the undersigned
officer, personally appeared KENNETH S. ACELA, known to me (or satisfactory proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
TRIOlA t'), ECKENROAD, Notary Public
Carlisle I:\oro" Cumberland County
Mv CommIssion Expires Oct. 23, 2004
--Page 15 of 15-_
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DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
KENNETH S. ACELA,
Defendant
: NO. 2000-7173 CIVIL TERM
: IN DNORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the court for entry of a
divorce decree:
I. Ground for divorce:
Irretrievable breakdown under ~330 I (c)
3301(d)(I) efthe Diveree Cede.
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: Certified mail, restricted delivery to
Defendant on October 19, 2000
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by ~3301 (c) of the Divorce
Code: by Plaintiff: December 16, 2002 by Defendant: November 26, 2002
(b) (I) Date of execution of the affidavit required by ~3301 (d) of the Divorce Code:
(2) Date of filing and service of the plaintiff s affidavit upon the respondent:
4. Related claims pending: none
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file Praecipe to Transmit
record, a copy of which is attached:
(b) Date of plaintiffs Waiver of Notice in ~3301 (c) Divorce was filed with the
Prothonotary: December 18,2002
Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the
Prothonotary: December 6, 2002
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DALE E. ACELA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
; NO. 00 - 7 J 73
: IN DIVORCE
CIVIL TERM
v.
KENNETH S. ACELA,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case will proceed without you and a decree of divorce or annulment may be entered against
you for any claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
When the.ground for the divorce is .indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland
County, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
: NO. dv- 7/7-3
: IN DIVORCE
CIVIL TERM
v.
KENNETH S. ACELA,
Defendant
COMPLAINT IN DIVORCE
No-Fault
I. Plaintiff is Dale E. Acela, an adult individual currently residing at 90 Parker Road,
Newville, Cumberland County, Pennsylvania.
2. Defendant is Kenneth S. Acela, an adult individual currently residing at 90 Parker
Road, Newville, Cumberland County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has
been so for at least six months immediately previous to the filing of this
Complaint.
4. Plaintiff and Defendant were married on November I, 1986, in Centre County,
Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the
parties.
6. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
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7. Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling. Knowing this,
Plaintiff does not desire that the Court require the parties to participate in
counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety
(90) days from the date of the filing ofthis Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301 (c) of the Domestic Relations Code.
COUNT II
INDIGNITIES
II. Paragraphs I through 10 are incorporated herein by reference as if set forth in their
full text.
12. Defendant has committed such indignities upon the person of the Plaintiff, the
innocent injured spouse, as to make her condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301 (a) (6).
COUNT III
EQUITABLE DISTRIBUTION
13. Paragraphs I through 12 are incorporated herein by reference as if set forth in their
full text.
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14. Plaintiff and Defendant are joint owners of various items of personal property,
furniture, and household furnishings acquired during their marriage which are
subject to equitable distribution.
15. Plaintiff and Defendant are joint owners of real estate located in Cumberland
County, which was acquired during their marriage and which is subject to
equitable distribution.
16. Plaintiff and Defendant have incurred debts and obligations during their marriage
which are subject to equitable distribution.
WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably
dividing the parties' property and equitable apportioning the debts incurred by the parties.
Respectfully submitted,
GRIFFIE & ASSOCIATES
. Grif e, Esquire
ey for P aintiff
GRIFFIE &, SSOCIA TES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
DATE:
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DALE E. ACELA, Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
KENNETH S. ACELA,
Defendant
: NO. 2000-7173 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
I. A. Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on
October 17, 2000, and served on October 19, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: 1"L l ell (oL.
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Created: OlI2Bl02D8:29:24AM
Revised; 11l26/0201:44;2-1PM
10505.1
DALE E. ACELA,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 00.7173 CIVIL
KENNETH S. ACELA,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~ 3301( c) of the Divorce Code was filed on October 17,
2000. I acknowledge receiving a true and correct copy of the Divorce Complaint, said copy being
served upon me by Certified Mail, Restricted Delivery, on October 19, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~330Hc) AND & 330Hd) OF THE DIVORCE CODE
1. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyers
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 irmnediately after it is filed with the prothonotary.
I verify that the statements made in this affidavit and waiver 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
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DALE E. ACELA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
KENNETH S. ACELA,
Defendant
: NO. 2000-7173 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER &3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorce 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 files with the
Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
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DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
KENNETH S. ACELA,
Defendant
: NO. 00-7173 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 25th day of October, 2000, comes Bradley L. Griffie, Esquire, Attorney
for Plaintiff, and states that he mailed a certified and true copy of a Complaint in Divorce to the
Defendant, Kenneth S. Acela, at 90 Parker Road, Newville, Pennsylvania, by certified mail,
restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating
service was made on October 19,2000.
~ire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed to
before me this zGb day
of -.f2.czI1JtJe ~, 2000.
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. Notarial Seal
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item 4 if ,Restri9ted Delivery is desired.
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so that we can' return the card to you. ....
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of on the front :if space permits'.
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: INtHE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
HUMBERTO IRIZARRY,
Plaintiff
MILDRED E. IRIZARRY,
Defendant
: NO. 02-909 CNIL TERM
: IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the Petition for Special Relief filed in the above captioned action by
Mildred E. Irizarry, Petitioner/Defendant, in the nature of the request to have the parties'
Separation Agreement of October 27, 2000, declared to be void or unenforceable.
Respectfully submitted,
Date: J,;p:J)DJ.
. Ie, Esquire
o y for Mildred Irizarry, Defendant/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
KENNETH S. ACELA
: NO. 2000-7173 CIVIL TERM
ORDER OF COURT
AND NOW, this 27TH day of FEBRUARY, 2001, a hearing on plaintiffs Petition
for Special Relief is scheduled for fII.~ ~8) ,)tJ 01
,
Bradley Griffie, Esquire
Thomas J. Williams, III, Esquire
:sld
in Courtroom 5At.'DO f,lII.
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Edward E. Guido, J.
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DALE E. ACELA,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - DIVORCE
KENNETH S. ACELA,
Defendant/Respondent
: NO. 00-7173 CIVIL TERM
DR# 3037
: PACSES # 024102943
ORDER OF COURT
AND NOW this
day of
, 200 I, upon presentation and
consideration of the withi.n Rule to Show Cause, it is hereby ordered and directed that our Order
of January 29, 2001, in this matter is hereby STAYED pending further Order of Court.
Further, a Rule is issued upon the Defendant/Respondent to show cause, if any he has, as
to why the Order should not remain stayed until such time as this matter may be heard by the
Court.
Rule Returnable
days after service by first class mail, postage prepaid upon
counsel of record for Defendant/Respondent.
BY THE COURT,
Edward E. Guido, Judge
cc: Bradley L. Griffie, Esquire
Attorney for Plaintiff/Petitioner
Thomas J. Williams, III, Esquire
Attorney for Defendant/Respondent
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DALE E. ACELA,
Plaintiff/Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
KENNETH S. ACELA,
Defendant/Respondent
: NO. 00-7173 CIVIL TERM
: DR# 3037
: PACSES # 024102943
PETITION FOR SPECIAL RELIEF
AND NOW comes Petitioner, Dale E. Acela, by and through her counsel of record,
Bradley L. Griffie, Esquire, and Petitions the Court as follows:
I. Petitioner is the above named Plaintiff, an adult individual currently residing at 117
Big Spring Terrace, Newville, Cumberland County, Pennsylvania.
2. Respondent is the above named Defendant, an adult individual currently residing at
90 Parker Road, Newville, Cumberland County, Pennsylvania.
3. The parties are the natural parents of two children, namely, Michael Anthony Acela,
born July 24, 1987, and Alissa Jessica Acela, born May 18, 1990.
4. The parties separated on December 20, 2000, when Petitioner and the children moved
from the residence and established a new residence at the above referenced address.
5. Petitioner and her children moved from the marital residence due to a variety of
reasons, including the following:
a. Respondent was verbally, emotionally and mentally abusive to the Petitioner and
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the parties' children;
b. Despite Respondent's carpentry and artistic skills, Respondent has failed and
refused to secure employment commensurate with his earning capacity and skills
for a number of years during the parties' marriage;
c. Petitioner has been forced to assume responsibility for nearly the entire family
financial obligations for a number of years; and
d. Despite the aforementioned difficulties, Respondent refused to vacate the former
marital residence.
6. Despite having much greater earning capacity and earlllng skills, Respondent
maintains a self-employee business where he fails to claim all of the income that he
receives and otherwise chooses to work much less than 40 hours per week.
7. Petitioner has been required to not only work a full time job, but to aGcept overtime
when it is offered in order to secure sufficient income to meet the family's expenses.
8. While the parties were residing together with the children, Respondent filed a
Complaint for spousal support and for child support, even. though Petitioner was
providing all of the financial needs of the home where Respondent was residing;
which Petition was ultimately dismissed by the Court.
9. Respondent file a Petition for Alimony Pendente Lite (APL) to which Petitioner
responded by filing a Complaint for Child Support for the parties' two children, who
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are in her care and custody.
10. As a result of those filings an Order of Court was entered on January 29, 2001, a
copy of which is attached hereto and incorporated herein by reference as Exhibit "A,"
which, pursuant to the Pennsylvania Rules of Civil Procedures, Orders the Petitioner
to pay $411.00 per month to the Respondent, even though she has primary custody of
the parties' two children.
II. The aforementioned Order is based upon a severely reduced and incorrect earning
capacity for the Respondent, which is not in any way commensurate with his true
earning capacity or employable skills.
12. Several years ago when Respondent worked in a management position with a grocery
store he grossed more than $20,000.00 annually, but gave false information to the
Domestic Relations Hearing Officer that he only made $17,000.00 annually.
13. When Respondent has worked in his current self-employed business, he has charged
$30.00 per hour for his services as a carpenter, furniture finisher and for similar work.
14. The hearing officer failed to consider the Respondent's true earning capacity even
though she has provided counsel for the parties with documentation she secured from
Salary.com, which suggests Respondent's earning capacity is well in excess of the
earning capacity given to him by the hearing officer; a copy of the aforesaid
Salary.com information being attached hereto and incorporated herein by reference as
Exhibit "B."
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15. Respondent continues to reside in the former marital residence.
16. The former marital residence has a mortgage due and owmg to Dovenmuenle
Mortgage in the amount of $633.56 per month, which Respondent has failed to pay
for the month ofJanuary and February.
17. Respondent action are contrary to the Pennsylvania Rules of Civil Procedures
1910.l6-6(e) which creates the assumption that the party residing in the former
marital residence in a support action is solely responsible for the mortgage payment.
18. Petitioner is maintaining other substantial marital debt for which the hearing officer
failed to give any consideration in her APL calculations.
19. Petitioner suffers from medical difficulties and has primary custody of her children
which increasingly limits her ability to work overtime.
20. Petitioner cannot maintain the needs of her children and the marital debt that she is
paying while still maintaining the APL obligation that has been ordered against her.
21. Petitioner believes and, therefore, avers that following a comprehensive hearing in
this matter, the Court will modify its Order of January 29, 2001, and negate the
Petitioner's present obligation to pay APL to Respondent.
,
22. Respondent is represented in these proceedings by Thomas J. Williams, III, Esquire,
who has indicated that he and his client will not consent to the entry of a stay on this
Order pending appeal.
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WHEREFORE, Petitioner requests your Honorable Court to enter an Order staying the
implementation of the APL Order of January 29, 2001, and issuing an Order and Rule to Show
Cause upon the Respondent on the within request at an emergency hearing to be held before the
Court.
Respectfully submitted,
ffie, Esquire
orney fi Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE:J.?- -/5-01
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DALE E. ACELA, Plaintiff/Petitioner
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PACSES ID 024102943
DALE E. ACELA,
Plaintiff/Respondent
vs,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNIY, PENNSYLVANIA
: DOMESTIC RELATIONS SECfION
: CNIL AcrlON - LAW
KENNETH S. ACELA,
Defendant/Petitioner
: NO. 00-7173 CIVIL TERM
ORDER OF COURT
AND NOW, this 29th day of January, 2001, based upon the Court's determination that
Petitioner's monthly net income/earning capacity is $1,176.77 per month and Respondent's monthly
net income/earning capacity is $3,182.71 per month, it is hereby Ordered that the Respondent pay to
the Pennsylvania State Collection and Disbursement Unit, $411.00 a month payable bi-weekly as
follows; $189.69 bi-weekly for alimony pendente lite and $0.00 on arrears. First payment due on
Respondents next pay date. Arrears set at $822.00 as ofJanuary 29, 2001. The effective date of the
order is December 20, 2000.
This order is based upon the Rule 1910.16-4(e) withwife having ther care and custody of the
parties' two minor children.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C.S.@ 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order, including,
but not limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned overby the PA SCDU to: Kenneth S. Acela. Payments must be
made by check or money order, All checks and money orders must be made payable to P A SCDU
and mailed to:
PA SCDU
P.O. Box 69110
Harrisburg,PA 17106-9110
Payments must include the defendant's P ACSES Member Number or Social Security Number in
order to be processed. Do not send cash by mail.
EXHIBIT A
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Respondent to provide medical insurance coverage for spouse.
This Order shall become final ten days after the mailing of the notice of the entry of the Order
to the parties unless either party files a written demand with the Prothonotary for a hearing de novo
before the Court.
DRO: R J. Shadday
Mailed copies on
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BY THE COURT,
Petitioner
Respondent
Thomas J. Williams, III, Esquire
Bradley L. Griffie, Esquire
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MAR 2 1 2001tP
DALE E. ACELA,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
KENNETH A. ACELA,
Defendant
NO. 00-7173 CNIL
IN CUSTODY
COURT ORDER
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AND NOW, this ;2 6 day of March, 2001, the Conciliator having conducted a Custody
Conciliation Conference with legal counsel for the parties and the Conciliator being advised that no
further action is required on this case, the Conciliator relinquishes jurisdiction.
BY THE COURT,
Custody
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FEB 1 a 2001bP
DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
KENNETH A. ACELA,
Defendant
NO. 2000 -7173 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this ItI~ay of February, 2001, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. The Mother, Dale E. Acela, and the Father, Kenneth S. Acela, shall enjoy shared
legal custody of Michael Anthony Acela, born July 24, 1987; and Alissa Jessica
Acela, born May 18, 1990.
2. The Mother shall enjoy primary physical custody of the minor children.
3. The Father shall enjoy periods of temporary physical custody of the minor children
as follows:
A. Father shall enjoy at a minimum one afternoon per week with each
child. Unless agreed otherwise by the parties, Father shall have
custody of Michael from 9:00 a.m. until 2:00 p.m. on Saturdays and
custody of Alissa from 1:00 p.m. until 6:00 p.m. on Sundays. The
parties are encouraged to work between themselves to modifY or
expand this arrangement as appropriate.
4. The parties shall also engage in counseling involving the parties and the two minor
children, with the focus of the counseling to address any issues currently in existence
that are prohibiting a meaningful relationship between Father and the two minor
children.
5. This order is temporary in nature in the sense that Father reserves the right to seek
additional time with the minor child or primary custody if he so desires after the
parties have proceeded with the counseling as set forth above.
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6. The attorneys for the parties shall conduct a telephone conference call with the
Custody Conciliator on Thursday, March 15, 2001 at 8:00 a.m.
Bradley L. Griffie, Esquire
Thomas J. Williams, Esquire
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Edward E. Guido ~
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DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v
CIVIL ACTION - LAW
KENNETH A. ACELA,
Defendant
NO. 2000 -7173 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Michael Anthony Acela, bom July 24, 1987; and Alissa Jessica Acela, born May 18, 1990.
2. A Conciliation Conference was held on February 8, 2001, with the following individuals in
attendance:
The Mother, Dale E. Acela, with her counsel, Bradley L. Griffie, Esquire; and the Father,
Kenneth S. Acela, with his counsel, Thomas 1. Williams, Esquire.
3. The parties agree to the entry of an order in the form as attached.
~ \')1 of
DATE
Hubert X. oy, Esquire
Custody onciliator
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DALE E. ACELA
PLAINTIFF
V.
KENNETH S. ACELA
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
00-7173 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 29th day of December, 2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on the 8th day of February, 2001 , at 8:30 a.m.
for a Pre-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,
By: Isl
Hub rt X. Gilro Es
Custody Conciliator r
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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 ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DALE E. ACELA,
v.
KENNETH S. ACELA,
Defendant
: NO. 2000-7173 CIVIL TERM
: IN DIVORCE & CUSTODY
ORDER OF COURT
AND NOW, this
day of
, 2000, upon consideration of
the attached Complaint, it is hereby directed that the parties and their respective counsel appear
before
, Esquire, the conciliator, at
, Cumberland County, Pennsylvania, on the
day of
,2000,
at o'clock .m., for a Pre-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.
BY THE COURT:
By:
Custody Conciliator
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, PA 17013
(717) 240-3166
cc: Bradley 1. Griffie, Esquire
Attorney for Plaintiff
Thomas J. Williams, Esquire
Attorney for Defendant
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DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
KENNETH S. ACELA,
Defendant
: NO. 2000-7173 CIVIL TERM
: IN DIVORCE & CUSTODY
COMPLAINT FOR CUSTODY
I. Plaintiff is Dale E. Acela, an adult individual currently residing at 117 Big Spring
Terrace, Newville, Cumberland County, Pennsylvania. guard
2. Defendant is Kenneth S. Acela, an adult individual currently residing at 90 Parker
Road, Newville, Cumberland County, Pennsylvania.
3. The parties are the natural parents of two (2) children, namely, Michael Anthony
Acela, born July 24, 1987, and Alissa Jessica Acela, born May 18, 1990.
The children were not born out of wedlock.
4. For the past five (5) years, or since the children's birth, the children have resided with
the following persons at the following addresses for the following periods oftime:
NAME
ADDRESS
DATES
Dale E. Acela
117 Big Spring Terrace
Newville,PA 17241
December 20, 2000
Present
Dale E. Acela
Kenneth S. Acela
90 Parker Road
Newville, PA
1991 to
January 200 I
The natural mother of the children is Dale E. Acela who resides as aforesaid.
She is married.
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The natural father of the children is Kenneth S. Acela who resides as aforesaid.
He is married.
5. The relationship of the Plaintiff to the children is that of natural mother. The Plaintiff
currently resides with the children at issue.
6. The relationship of the Defendant to the children is that of natural father. Defendant
currently resides alone.
7. Plaintiff has not participated as a party or witness, or in any other capacity in other
litigation, concerning custody of the children.
8. Plaintiff has no information of any custody proceedings concerning the children
pending in any Court of this Commonwealth.
9. It is in the best interest and permanent welfare of the children to grant the relief
requested because:
a) Plaintiff has been and continues to be the primary custodian for the parties'
children from the time of their birth through the present time;
b) Defendant has shown an inability to provide for the needs of the children and
further has illustrated an uncontrollable temper that has created severe verbal
and emotional abuse of Plaintiff and the children;
c) Defendant has, for an extended period of time, refused to provide financially for
the family causing Plaintiff to be solely responsible for the financial and
material needs of the children and the household;
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d) There is a dramatic conflict between Defendant and the parties' children,
particularly the parties' son, Michael, which conflict would be exacerbated if
the children, and particularly Michael, are forced to spend extended periods of
time with Defendant.
10. Plaintiff does not know any person not a party to these proceedings who claims to
have custody or visitation rights with respect to the children.
WHEREFORE, Plaintiff requests your Honorable Court to schedule a Pre-Hearing
Custody Conference followed by a hearing at which time she should be granted primary physical
custody of the children.
Respectfully submitted,
Tfie, Esquire
ey for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: 1J../~/V1
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DALE E. ACELA, Plaintiff
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
b~ {)O-?/73 {7/!//C,
State Commonwealth of Pennsylvania ;04{!5ES; O;;?$//o;;Z9Y3
Co./City/Dist. of CUMBERLAND ~
Date of Order/Notice 05/04/01 ~ ,303()7
Court/Case Number (See Addendum for case summary)
o Original Order/Notice
o Amended Order/Notice
@ Terminate Order/Notice
) RE: ACELA, DALE E.
) Employee/Obligor's Name (Last, First, Ml)
) 172-46-4679
) Employee/Obligor's Social Security Number
) 1108100641
) Employee/Obligor's Case Identifier
) (See Addendum for plaintiff names associated with cases on attachment)
) Custodial Parent's Name (Last, First, Mil
)
EmployerlWithholder's Federal EIN Number
CARLISLE HOSPITAL & HEALTH SER
EmployerlWithholder's Name
246 PARKER ST
EmployerlWithholder's Address
CARLISLE PA 17013-3618
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ , per month in other (specify)
for a total of $ 0 . DOper month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0 00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer SeNice at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor'S Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH
DRO: RJ Shadday
xc: defeIrlant
Date of Order: May 7, 2001
BY THE COURT:
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J.
ley Oler. Jr
SeNice Type M
OMB No.: 0970.0154
Expiration Date: 12131/00
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.* R-epolti'16ll,e P-aydatelOah:. ofVv'itl,l,vIJ:I,g. You IIIWlt lepOll tile paydare{datb o( n;ll,l,oldihg nl,el, ;:IlJlldillg tllG P~yllllJlll. Tile
paydate-/date o( n;lLI,Oldil'l!; i5 tL~ date OJl nL;...L alllOUllt vvas nitl,I,6IJ (101t1 tile elnploye6';:I nages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2313521610
EMPLOYEE'S/OBLlGOR'S NAME: ACELA, DALE E.
EMPLOYEE'S CASE IDENTIFIER: 1108100641 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
"NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
P.O BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (7171 240-6248 or
by Internet @
Page 2 of 2
Form EN.028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: ACELA, DALE E.
PACSES Case Number 024102943 IJ()3tY7
Plaintiff Name :I L
KENNETH S. ACELA
Docket Attachment Amount
oo=7i:73cIVIL$ 0.00
Child(ren)'s Name(s):
~
DOB
Bi:~~;~~;~;~~~~;~;~~~;;:~;~~~;~:;;~~~~~,~i;~~~i
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
ElI;~~~~~~d;~~~:;~;~~~;;~~;~~~r~II;~~~~~I~:;~~;.....i.. ......................
identified above in any health insurance coverage available
through the employee's/obligor's employment
SelVice Type M
_.
~_lj~'.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
..ti:;~~~~~~~:;~~;;~;~~~i;~~;~;~;~I:;~:~~~I~(;~~;}i........ .
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sJobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment
Addendum
Form EN-028
Worker ID $IATT
OMB No.: 0970.0154
Expiration Date: 12/31/00
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Schedule C
(Form 1040)
Profit or Loss From Business
(Sole Proprietorship)
.. Partnerships, joint ventures, etc, must file Form 10GS
.. Attach to Form 1040 or Form 1041. .. See instructions for Schedule C (Form 1040).
SodaISeoIOlly_lSSll)
269-56-2804
II EnIllr prlnclpal b............ .. I
04141
D Bn~..ID...(EIll),llany
OMS No. 1545-0074
Deparlmenlo'IheTreaSUly _ft.
In___ 1~9J
Namo oIproP,;etor
Kenneth S. Acela
A PrlndPBI bu5Sness or professIon,lnc:luding product or seJVlce
Woodworkina
C BuslnDII name. If no separate busll'less name, leave blank.
Kenneth Acela
E ~~~~~~:~~ .. ~9_F~-lr~1~_r_1l~~q_-------------------________________
, , NewvJ. e. Pa 17241 --"--
F Accounting me1hDd: (1)~ Cash (2)0 Accrual (3)0 01her (specify) ..
--------------------------
G Me1hod(s) used to !VI Lower 01 cost Other (attach Does nol appljl (II
value closing Inventory: (1)~ Cost (2)0 or market (3)0 explanation) (4)0 checked, skip II.. H) Yes No
H ~~:.~~'1t:~~~~L~~~~r~I~I~~~n,ti~":',,~~ts:~r.v~l~a~~":'~~~~~P~~1~,a~~":'I~~I~~~~. . . . . . . . X
Did you 'materially parUclp8\e' In 1he operation of 1his business during 19941 If 'No,' see Instructions for IImllations on losses. X
If uslartedora lred1hisbuslnessdurln 1994,checkhere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ..
Income
1994
09
"
9 Bad debts from sales
or services. . . . . . . . . . .. 9
10 Car and truck expenses. . . . . 10
11 Commissions and fees . . . . . 11
12 Depletion............ 12
1 Gross flIceip1s or sales. Caution: If this' income was reported fa you onForm W-2 and the ... 0
'Stalulllly employee' box OIl that fonn IWJs checked, see the insfluclionS and check here . . . . . . ." 1
1! Relurnsandallowances........,~........,............................ 2
3 Subtractllne2fromllnel,........................... ................ 3
.. Cost of goods sold (from line 40 on page 2) . . . . . . . . . . , . . . . . . .. .......... .'. . . .. 4
5 Gross profit. Subtract line 4from line a. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
6 O1her Income, Including federal and s",1e gasoline or luellax credit or relund . . . . . . . . . . . . . . . . .. 6
7 Gross income. Add lines 5 and 6 .. .". . ............. .. . . . . . .......... .:'.. .... 7
enses. Enter ex nses for business use of r home onion line 30.
8 Advertising . . . . . . . . . .. 8 197. 19 Pension and profit-sharing plans . . . . .
20 Rent or lease:
a Vehicles. machinelY, and equipment . . . . . . .
b 01her business properly. . . . . . . . . .
21 Repairs and maintenance. . . . . . . . .
22 Supplies (not included In Part III) . . . . .
23 Taxes and licenses . . . . . . . . . . . .
13 Depreciation and section 24 Travel, meals, and entertainment:
179 expense deduction
(notlncludedlnPartlll).....13 2192. aTravel.................
14 Employee benefit programs b Meals and
(oUier 1han on line 19). . . . . . 14 entertainment. . . . . .
15 losurance (oll1erll1an heallb) . . . . . 15 475. c 8rter 50% of line 24b
16 Interest: suhject to limitations . . . .
a Mortuou! (paid to baoks, e.tc). . . . . 16a d Subtract line 24<: from line 24b . . . . . .
b 01hei . . . . . . . . . . . . . . 16b 25 Utilities...................
17 legal ami professional services . . .. 17 98. 26 Wages Qess employment credits). . . . .
18 Offlceex nse . . . . . . . . . 18 20. Z1 othere enses(fromllne46oo a e ......
28 Total expenses before expenses for business use of home. Add lines 8lhrough 27 In columns. . . . . . . ."
29 TenlativeprofltOoss). Subll'act line 28 from line 7. . . . . . . . . . . . . . . . . . . . . . .
30 Expenses for business use of your home. Attach Form 8829. ... .....................
2 673.
2 673.
654
2 019.
2 019.
599.
20a
20b
21
22
23
222.
24d
25
26
27
28
29
30
836.
54.
5 042.
-3 023.
1 407.
31
........}
...... .
31
-4 430.
32
Alllnvcslment is
32a~ at risk.
Some Inveslmenl
32 is not at risk.
Schedule C(Form 1040) 1994
:~ '
1_
1..-...,_
~~~'~Iilli;
.. ,
O~partment 01 the Treasury
Interllal J:levenue Service
Nilme of proprietor
Pr~fit or Loss From Business
(Sole Proprietorship) 1995
Partnerships. Joint ventures. etc.. must file Form 1065. Atta~hment
~A_ to Fann 11140 or Fann 1041. ~See /nstructIo for Schedule C Fann 1Q40). so,.o". No. 09
so....__.........N1
Ail No. 1546-0074
SCHEbOLE C .
(Form 1040)
enneth S. Acela
A. Principal business or prolession. including product or service (see page C-1)
Woodworkin ';
C Business name. If no separate business name, leave blank.
Kenneth S. Acela
IE Business address Qnclude suite or room no.)~ ~_O_J'jiJjI:_eJ_.R.o_a_4..___ __ ___ __ __________ ____ _____ ___ _____ ___
Ci townor OSIoffice stale and2IPcode Newville PA 17241
~ Accounting method: (1) X Cash (2) AccI'UaI (3) Other(spacily) ~______________________________
G Method(s) used to Lower 01 cost Other (allach
B Enter principal businBSS code
~
D Employer ID number (EIN), If any
value closing inventory: (1) !Xl Cost (2)0 or market (3) 0 explanation) (4)0 oes no ap
checked, skip Une H) Yes No
ti Was there any change In determining quan1i1ies, costs, or valuations between opening and closing Inventory? If "Yes,"allach
explanation . .' X
l Did you "materially panlcipate" in the opera1ion 01 this business during 18951 If "No,n see page C-2 for limit on losses . X
J II you sIalIed or 8CCI\rifed this business during 1995, check here . .. T 1
m\l~I!~I! Income .
1 Gross receipts or sales. CaUUon: If this income was reported to you on Form W-2 and the "Statutory
,)Ioyee" box on that Iorm was checked. see page C-2 and check here. .~O 1 16 981
2 Keturns and allowances 2
3 Sublracl Rne 2 from Rne 1. .. 3 16 981
4 Cost 01 goods sold (from line 40 on page 2). 4 3 942
5 Gross profit. Subtraclline 4 from line 3 . 5 13 039
6 Other income, Including Federal and stale gasoline or luel tax credn or refund (see page C-2) . 5
7 Gross Income. Add lines 5 and 6 . . . ~ 7 13 039
imr:, .:'..:5:. ~~ Expenses (Enter BllpBnses for business use olvour home only 011 line 30.1 ;;,
8 Advenlsing. 8 19 Pension and profit-sharing plans 19
9 Bad debts Irom sales or 20 Rel'1l or lease (see page C-4): '!:';Iijfu~
UlWii!n!
services (see page C-3). 9 a Vehicles, mechinery, and equipmel'1l . 20m
10 Car & truck expenses b Other business property . 2Gb
(see page C-3). 10 1.183 21 Repairs and maintenance. 21 51
11 Commissions and leas. 11 22 Supplies (not Included in Part III) . 22 299
la Depletion. 12 23 Taxes and licenses . 23 65
1~ Depreciation and seclion 179 24 Travel, meals and entertainment. ~!!IJmmi
qxpense deduction (not included a Travel 24a
'Part III) (see page C-3) . 13 3 731 b Meals and
14 Employee benefit programs entertainment
(other than on line 19) . 14 c Enter SO% 01 line 24b
15 Insurance (other than health) 15 455 subject 10 limitations
1& Interest: !m!!~l!!lj (see page C-4) .
a Mortgage (paid 10 banks, BIC.) . 16a d SublTsclline 24c lrom 24b . 24d
b Other 15b 244 25 Utllities. 25 143
17 Legal and professional 25 Wages (less employment credits). 26
services . 17 27 Other expenses (lrom line 45 on
18 Office expense 18 page2l.. . . . . . . . . . . . 'Z1 1 280
28 Tolal expenses before expenses lor business use of horne. Add Hoes 8 through Z1 in columns . .. 28 7 451
29 Tentative profit (loss). Subtract line 28lrom line 7 28 5 588
au Expenses lor business use 01 your home. Attach Fonn 8828 30 5 465
~1 Net profit or (loss). subtrsclllne 30 lrom line 29.
. II a profit, enter here and on Form 1040, line 12, and ALSO on Schedule SE, line 2 (stetulory employees, }
sse a C-S Estates and trusts, enter on Form 1041, Hne 3. 31 123
o
t
ply (If
pge )
. II a loss, you MUST go on to line 32. .
32 "you have a loss, check the box that describes your investment In this activity (see page C-S)
. "you checked 32a, enter the loss on Fonn 1040, line 12, and ALSO on Schedule SE, line 2' .
(statutory employees, see page C-5). Estates and trusts, enter on Form 1041, line 3.
. II you checked 32b, you MUST attach Form 5198.
For Paperwork Reduction Act NoUce, see Form 1040 Instructions. .
.DTX007
} 32a D All Investment is at risk .
32b D Same investment is notat risk
Schedule C (Form 1040) 1995
.~,,~~~
-.-.~~""'" ~,,,,,,,,,.~~,~",
P<<>>fit or l.o$S from Business
(Sole I'nlpIWonhlp)
.. AftadI to~ ParlMnhIpa, =ventuIH, etc, m....fIle Fom 1065. 1996
lt48...,.,_ 1.. 5welnoll.a.:......_forS.I...hd.CtFonn104O). 09
-.........-(11I6
1'69-56-2804
B EaIorPtlHlpoll....._ClU__1
"0414
D~fttflo.(I!IIlI.."'"
...1
.l
"
Schedlll. C
(1"_11140)
CoooI1monI ~_~_IOflh.T"'lllry _
n_._ S.rvict f"l'fl
llImoolPIOprielor
Kenneth S As:ela
A PriM:ip-' Busmenor ProMstah, Including PRMlict or SlIfVice (tetI lrmndons)
Woodworkini
c Buai...... tmn.. If No SepfrN1119usinea tame, lW/8 ShlMk.
..
'i~~,
OMS No. J545.(1O]4
E ~""Addr~"I.orroamno" .. 90 Parker rd
c;... Too. M P.O.. s_. .. ZIP Codo '
Newv1lfe~-PA17f41"- - - - -- - _u - - -- ___u -------- ------
Accounting me,1hod: (1) IRJ Cash (2) 0 Accrual (3) QOiher (.p""ily) ..
Old you 'matertaIIY1'arbcipate' in 1he vpalGl~Url ofttns business during ~996? If 'No,' see jns~~~;s fo-; limit~; ~sSe; - - y'; U N;
If u .larllld or ac iIed 1his business durin 1396. check hel'e . ' .
Income ".."."
.~] 1 15 566.
......... 2
a 15 5.66.
4 8 .308.
5 7258.
.
... 7 7 258.
1 Slross receipls or S8!O.. CllIItIon: If/his Income was reported to you on Frxm W-2 and the
Statutory employee box on that form was Checked. see the InslructifJIls and chech here "
2 Returns ancl.a"owanoes ....". .
a Sublract line,.2 from line 1 ........'.. ..
4 Cost 01 goodS sold (from line 42 on page 2) . - . , . '
5 ~pn>I\t; Subtract line 4 from line 3 .."..' , . ",' ... - ",'" .
6 Other incomil, including federal and slate gasoline Of fUella;( ",edit Of ,.rund
7 o.-rnc-.Acfdllne.Sand6...." ....... ..".
Ex n.... Enter e enses for business use 01 ur home on I,ne :lO.
8 Advertising.,... . . a ' 111 PensIOn and proftt-shering plans
t BlK! debls from sallIS tlT 211 Rent 0' lease (see .ns1ructions):
services (see instructions) , 9 . 1/emci&s, macrunery, and equipment ...'
10 Car and trudUllpollSBS (lBBinstrS), 10 2 011. bOther,busll18ss properly .
11 CommISSions and fees, 11 21 1=lepairs and meinien..nce':'....:~
12 Depletion _ . . ' . . . 12' 22 Supplies (not inoluded in Part ill)
15 ~eclation and section 23 raxes and iieenses ..
1 expense deduction 24 T'avel. meais, and enterlllinment:
14 ~::.:::1:a~ 19 3 238'l :::'ancl'"
(otierthan on line 19) ..',. 14 entertainment '
15 Ins~"IIC' (other Itlan heallll) ,,15 455, \ c En'B! 50% of Ii.. Z4b sub-
16 Inllorest: i",t 1Illimltellons (...,nstrs) .
. Mol\QBQe (paid III banks, el1:) lie d ~'Jbtr""t lir.. 240 from line 241> '
,
bOther.. " . " " " " " __ " ' .. . 16b 137. 25 Ut",t,e&.
17 l.eQa1 and profassiOllel _.... . 17 26 Wages ~es. employment cred,ls)
18 OIIiee ex nse. ..". __ .. 18 Z1 O!hot _sa from line 4B on
28 TcstaI.......... _e expenses for business use of home. Add lines 8 througll 27 in columns ..
29 Tentative profit (loss). Subtract line 2B from line 7
3D Expenses for business use 01 your home. Attach Foms8829
!l ~pnllltor(lon). SUbtract line 30 from line 29.
. II a profit, enler BIl Form 1l141/,IIna 12, and also on Sc:IIaduIe Sf, Jlne2 (statutory
emplo~es, .ee instructions). Eslates and trusts, enter on Form 1041. line 3 . . .. . .
. If. loss, you muM go on to line 32 . '
!2 If you have a loss, chack the box that describeS your jrwestrnent If'" tt"5 actl~ty.
. If you checked 320, enter "'eloss on F_1GCfl,liRe 12. and_ on SciMoIUIe'SE, line 2 (statutory l
employees, see Instructions). Estates and trusts, enter on Form 1041, "ne 3 .' .. .' . . ..... r
. If ou checked 32b. u nwst attach Fonn 6'98 . -
BAA tor Plpenrork RllCIUc:tIon Act NotIc.. - FbBnr lIMA ~
l
.. r
~-r'll:7r11 1? '1/13J!M:,
19
211.
2lIb
21
22 106.
23 54.
240
"'. Md
... 25
26
%1
...... Z8
1 282.
7 283.
2ll
3D
-25.
1 350.
S1
-1 375.
3h~
All investment IS
at risk.
Some i....bnenl
32 is not at ri.~
Schedule C (Form 104C) 1996
.--~. - ~~
~~
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"
Schedule C
Two-Year Comparison
~ Keep lor your records
1997
Name of Propriefor
Kenneth S Acela
Social Security Number
269-56-2804
Principal business or profession
Woodwork;n/!;
.1996 1996 1997 1997 Difference
Compare Compare 1996-1997
QuickZoom to Sch C Expen- Expen- [KJdisplay as
.. sesto ses to whole number
Sales Sales Ddisplayas
. . percentage
Income:
1 Gross receipts or sales , . 15,566. 100.00 11 , 849. 100.00 -3,717.00
2 Returns and
allowances....."...... ..
a Net sales revenue ....... 15,566. 100.00 11 , 849. 100.00 -3,717.00
Cost of goods sold:
3a (35) Inventory at begin.
ning 01 year .............. 546. 3.51 350. 2.95 -196.00
L@ll) f"urcf1!JSes.. ".'" ". 5,910. ;'7.97. 1,291. 10.90 -4,619.00
c (37) Cost 01 labor. .. .. . .. 0.00 ....0.00
d (38) Materials and
supplies, . .. , .. .. , .. ' , , , .. 2,202. 14.15 75. 0.63 -2,127. 00
e (39) Other costs ......... 0.00 0.00
f (41) Inventory at end
olyear ..............'.... 350. 2.25 247. 2.08 -103.00
4 Cost of goods sold, .. .. .. 8,308.: 53.37 1,469. 12.40 -6,839.00
5 Gross profit .............. 7 ,258} 46.63 10,380. 87.60 3,122.00
6 Other income ............ 0.00 0.00
7 Gross income.. .......... 7,258. 46.63 10,380. 87.60 3,122.00
. Schedule C items (lines 1-31) expressed as percentage 01
net sales revenue (line 3)
,---~
~
. ,
~~
I
Kenneth 5 Acela
269-56-2804
Page 2
1!l96 Compare 1997 Compare Difference
Expen- Expen- 1996 -1997
sesto ses to [Kjdisplay as
Sales Sales whole number
. . Ddisplayas
Expenses: percentage
8 Advertising..,....... ..... 0.00 0.00
9 Bad debts......,.... ..... 0.00 0.00
10 Car & truck expenses ... 2,011. 12.92 1,313. 11.08 -698.00
11 Commissions and fees .. 0.00 0.00
12 Depletion ................ 0.00 0.00
13 Depreciation and Sec.
tion 179 expense...,.... 3,238. 20.80 2.373. 20.03 -865.00
14 Employee benefit
programs.,.....",..... ., 0.00 0.00
15 Insurance ... , , .. . . . . . . . . . 455. 2.92 0.00 -455.00
16a Mortgage interest, , . . . . . . 0.00 0.00
b Other interest.... ........ 137. 0.88 0.00 -137.00
17 Legal and professional
services.........,......, . 0.00 0.00
18 Office expense.., ........ 0.00 0.00
19 Pension and profit.
sharing plans ....... ..... 0.00 0.00
20 ,Rent or lease; '.. .
a Vehicles, machinery,
and equipment.........,. 0.00 0.00
b Other business
property ..........,...... 0.00 0.00
21 Repairs & maintenance . 0.00 119. 1.00 119.00
22 Supplies ..... ........... 106. 0.68 0.00 -106.00
23 Taxes and licenses...... 54. 0.35 0.00 -54.00
2Aa Travel ....... . . . . . . . . . . . . , 0.00 0.00
2Ad Meals & entertainment
(deductible portion) . . . . . . 0.00 0.00
25 Utilities.................,. 0.00 2,640. 22.28 2,640.00
26 Wages (less job credit) . . . 0.00 0.00
Z1 Other expenses. . . . . . .. . . 1,282. 8.24 499. 4.21 -783.00
28 Total expenses.......,..' 7,283. 46.79 6,944. 58.60 -339.00
29 Net income (loss) before
home expense.. ... ...... -25. -0.16 3,436. 29.00 3,461.00
30 Expenses for business .
use of home ............. 1,350. 8.67 2,778. 23.45 1,428.00
31 Net profit (loss)... ....... -1,375. -8.83 658. 5.55 2,033.00
Passive ac:tivilies only -
Suspended Losses:
Schedule C losses suspended
this year..........,.... ......... N/A N/A
Disposition losses suspended
this year:
Form 4797........ ....... N/A N/A
Schedule D ........ ..:... N/A N/A
. Schedule C items (lines 1-31) expressed as percentage of
net sales revenue (line 3)
-
~~ "l<tft~;
I
:SChedute C Profit or Loss from Business
(Fom 1040) (Sole Pn>prietonhip)
""""""",,'of... T--... .. Par1nelShips, jolnlvemures, ell:, must: file Fonn 1065 or Fom llJ65.8.
InIemalRweoo. Service (99) .. AUach lo F"",,!l040 orFonn 1041. .. See instructions for Schedule C (Fom 1040). 09
NamenlP_ I---(SSNJ
Kenneth S Acela 269-56-2804
A Principal BLISif\ess Dr Pmtessian. lnduding PnxIud o,.5ervice (see insbuctions) B Eater Ne.-CadeframlastrucIicMIs
Scul tor twood .. 541400
C Business Name. If No Separate Bus;ness Name. Leave Blank. EmpIGJer ID IIIImber (EJR), If /UlJ
OMB Ncl. 1545-0074
1998
E ~~~~~~~s~1~~ .~QY~!~~_[~______________________________________~
." Newville. PA 17241
Accounting method: (1) IKI Cash (2) 0 Accrual (3) 0 oiher (specify) ..
Did you ',""leriallyparticipale' in the operation of this business during 1998? If 'No,' see instr..;;;';;;;;;; fa; Omit ;;n-';";'; -:, -: I1IT y"; - No
If u started or uired this. business during 1998.checkhel8 ............................................................... ...
Income
1 Gross receipls or sales. Caution: If /his income was reported /0 you on Form W-2 and /he .0
'S/aluloty ISmptoyee' box on /hat limn was checked, see /he inslroctions and check here ........... ... 1
2 Relums and allowances ................ .............. ............. ..... .....,.... ....... .................. 2
3 Subtract lille 2 from line 1 ................................................................................. 3
4 Cost of goOds sokl (from line 42 on page 2) ... ........ ........, ....... ...... ..... .......... ................ 4
19 609.
19 609.
2 226.
~ Grossproljt. Subtract line 4 from line 3 . ............ ........ ............. .............. ....... ............. 5
. Other il1COf11e, including /ederal aoo slale gasoline or fuel1ax credit or refund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
17,383.
7 GnlssinCClme. Add lines 5 and 6 .......... ....... ................. .......................... ............ 7
. nses. Enler enses for business use of ur home on line 30.
8 Ad_ing........:.........:. 8 250. 19 PensiOnaoo profit-sharing plans .........19
9 Bad debls from sales or 20 Rent or lease (see instructions):
services (see instructions) .. .. . . 9 8 Vehicles. machinery, aoo equipment. .... 208
10 Carand\nJc~_sos(...instrs).... 10 1 861. bOther business properly ........."..,,:;:3it.
11 Commissi<lm and fees ......... 11 21 Repairs and mainlenance ,......... ..... ',21r
12 Depletion.... . .. .. . .. .. .. .. .... 12.. 22 Supplies {not included in Part /10 ..... .. .211'
13 ()epreciation and'section 23 Taxes and licenses ...."......"........ 23
17!l expense deduction ZlI Tim Is lid enterta. l:
~==~~~.~.I~?......... 13 1 838. aT::I,..e~..~~.........'~~~~.......... ZlIa
14 =~~~r..'t~~..... 14 b=~~enl..........
. c Enler 50% of line 24b
15 Insurance (other than heallh) ... 15 subjecllo limitations
Inlerest' (see instructions) . . . . . . .
8 Mortgage (pllid \0 banks, ell:) ........ 168 d Subtraclline 240 from line 24b .. .. . .. .... ZlId
bOther.......................... .16b 25 Utilities ................................. 25
17 legal & professional services . .. 17 26 Wages Oess employment credits) ........ 26
18 OIIicee nse.................18 128. a OIller_ses(fromline48onpage2) .......... a
28 TolaI elIpeI\5eS before expenses for business use of home. Add lines 8 through Zl in columns ............. 28
17 383.
.~'-'
774.
704.
6 048.
21 Tenta_ profit (loss). Subtraclline28 from line 7............... ................... ..... ............ ..,.... 21
30 txpenses for business use of your home. Attach Fom 8829 .............."................................. 30
31 Net pmfit or(loss). Subtract line 30 from line 29.
. If a profi~ erner on Form 1040, rme 12, and also Qn Sc:hedul8 SE, 6ne 2 (statutory
employees, see instructiom). Estates and trusls, enler on Form 1041, line 3.
. If a 10.... you must: go onto line 32.
32 If you ha\'e a loss. check the box that describes your inves1ment in this activity (see instructions).
. If you Checked 320. enler the loss on Fom l040,line 12, and also on Schedule SE, rme 2
(slafulory employees, see instructions). Estates and trusls, enter on Form 1041, line 3.
11 , 335 .
1 369.
. If you ~hecked 32b, you must: al\ach Form 6198.
BAA For ~ Reduction Ad Nolice, see Form 1040 lnsbuctions.
}
}
O All inves1menl is
32 a at risk.
Some inwstmenl
32b 0 is not at risk.
Schedule C (Form 1040) 1998
31
9.966.
FOI2D112 10128198
Profit or Loss from Busin~ss
(Sole Proprietorship)
.. Partnerships, joint ventures, etc, must file Form 1065 or Form lo6S-B.
.. Attach to Form 1040 or Form 1041. .. See instructions lor Schedule C (Form 1040). 09
_s......,H__
269-56-2804
B EnIer Code hml.muc8...
'~,,~"""'""....,.~
~-,
Sc,",C1ule C
(Form104D)
~Dfthe'treasury
InlBmal Revenue SiWVice (99)
NameafPraprietor
Kenneth S Acela
A Principal BulJjness or PrDtession, Including Product or Service (see instn.ll:tions)
sculotor/wood
C Business Name. If ND Separate Business Natne, Leave Blank.
~~ -,,~"'" - ""~ ElOO!'l,illoliii!'ifl!'>,,<
OMS No. 1545.QQ74
1999
.. 541400
o EmpIop.IDN__HA."
I
E Jl!Asiness_ Onc/ude"';...".... no.) .. 90 Parker rd
City, Town DrPostOfb, s..... &2IPCode Newvi lTe:-PA17i4T - - - - - - - - - - n - n n_ _n - - - - n - - - - - - ,
Accounting method: (1) I&] Cash (2) 0 Accrual (3) 0 Other (specify) ..
Did }'Ou 'rnaterially participate' in the operation of this business during 1999? If 'No,' see ins;';;;;'':;;; fo~ iimii;;';-~";~. ~ I1IT y";; No
If ustartedora uiredthis businessduri 1999, check here ......... .,...................................................
Income
1 Gross reoeipls or sales. Caution: If this income was reported to you on Form W,2 and the 0
'Statutory employee' box on that form was checked. see the instructions and check here .......... ..
2 Retums and allowances....... _..............,.. _ _................,.., _..............................
3 Sublractline 2 from line 1 ............................................................. _..............
4 Cost of goods sold (from line 42 on page 2) ................................ ...,..... _...................
5 Gross ""'lit. Subtract line 4 from line 3 .....,........................ .:'................................
6 Other income, including federal and state gasoline or fuel tax credit or refund . . . . . , . . . . . . . . . . . . . . . . . . . . . . , .
7 Grossi_.Add lines 5 and 6......,...........,...................................................
raSes. Enter e' enses for business use. of ur home on "..on line 30.
B Ad""rtising .... .. .. .. .. .. .. . ... . B 311. J9 Pension and profit-sharing plans ........
9 Bad deb1s from sales or 2D Rent or lease (see instructions):
services (see instructions) ..,'. 9 a Vehicles, machinery, and equipment. . . . .
10 Carandlnlekexpenses(seeinstrs).... 10 2 131. bOther business property ................
11 Commissions and fees ........ 11 21 Repairs and maintenance. . . . . . . . . . . . . . .
12 Depletion............., _ . ' _ . .. 12 22 Supplies (not included in Part 111) ......,.
13 Depreciation and Section 23 Taxes and licenses .........,. - . . . . . . . .
179 ,,!<pense deduction, 24 T I Is .
(nolineluded in Part 111).' ;. ,fa"" ,mea ,and entertainment:
(see instructions) ....."... 13 2, 060. a Tra",,1 ...."........"........... - .. ..
14 Emplo~ benefit programs b Meals and
(other thl3n on line 19) .. .. .. ... 14 entertainment ....."..
c Enter nondeductible
15 Insurance (other than health) ... 15 amount included on line
16 Interest: 24b (see instructions) ..
a Mortgage (paid to banks, 01<:) . . . . , . .. 16a d Subtract line 2<1c from line 24b ..,...,
bOther"..........".......... 16b 25 Utilities ..""...................,.....
17 Legal & professional services .. 17 26 Wages Oess employment credils) . . . ' . . . .
18 Office e nse. .. .. .. .. .. .. ... 18 1:1 Oilier expenses (from line 48 on page 2) .........
28 Total expenses betore expenses for business use of home. Add lines 8 through 'ZJ in columns ....,.......
29 Tentati"" profit (loss). Subtract line 28 from line 7.............,............,.......,.............,......
!Ill Expenses for business use of }'Our home. Attach Form 8829 ...........,.... -." .. ......... . ........, ....
31 Net Prollt or (loss). Subtract line 30 from line 29.
. If a profit, enter on Form 1040, froe 12, and also on Schedule SE, line 2 (statulnry
employees, see instructions). Estates and trusls, enter on Form 1041, line 3.
. If a 10$5, }'Ou must go on to line 32.
32 If}'Ou ha"" a loss, check the box that describes }'Our investment in this activi1y (see instructions).
. If}'Ou checked 32a, enter the loss on Form 1040, line 12, and also on Schedule SE, line 2
(statutory employees, see instructions). Estates and trusls, enter on Form 1041, line 3.
}
}
. Il}'Ou checked 32b, u must attach Form 6198.
QAA For Paperwork Reduction Act Notice, see Form 1040 instructions.
FDlZ0112 10121,!99
1 20,475.
2
11 20 475.
4 3 849.
5 16 626.
6
7 16 626.
, ~.
J9
20a
2Db
21
22
23
24a
24d
25
26
1:1 520.
28 5,022.
29 11 604.
!Ill 1,389.
31
10,215.
O All in""stment is
32 a at risk.
Some investment
32b is not at risk.
Schedule C (Form 1040) 1999
-~ ",",~,-",-<,~<, ""'"".Ijj'"
Acela Woodcarving
Page I of 1~
Acela
Artist
-in-
wood
stone
etc.
Welcome!
The Franklin Mint
PRINC'E ~ ;': 0%...)-./ ~).' ...... .........
({~ / /I ~ct.
=-= ,&,&,1/../ vuU
Acela Woodcarving
Page 2 of1~
...~...~.~;~i:::::>~;j,~'"
coming soon!
Collectibles
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last update 11/00
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Scottish Clan Heraldry
Coat of Arms
33"hgt-25"w-3"th
Acela Woodcarving
Page 3 ofl~
Eagles
, #724-4~le9<; laurel inpanell0x20"
This eagle panel is used for door panels exterior or interior..
725 Eagle & Barmerw/1812
Acela Woodcarving
Page 4 ofl ~
#724-A
15~Century Hall__~hairlin waInu!
#154
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Standing Dressing Mirror in walnut
Rose carving on mirror/close up
~
.~
.. Sculpture..
Acanthus leaf(l.l1d Sun Commissioned sculpture in 1997, dimensions are 24"LxI2"hgt x 3" thick and is
two sided, made of walnut and gilded. This sculpture rests at top of a three panel oil painted room screen depicting
nature and woodlands on grounds of the estate, flanked by two carved roosters at top ofthe lower two sections left
and right panels not shown, both looking up to the sun, this composition was truly inspired by my love of nature. Its
home is now in Berks Co.P A.
Acela Woodcarving
r
@
., Owl.natureseries#518
Page 5 ofI ~
Ram 99
- 1
724trumpeting Icherub this item in the holiday
season wiD grace your mantle or table, available left and right facing. size 7"X 12"
--~--_.._-,-,,_._- --- ~-_.._.
Acela Woodcarving
Page 6 ofl :
Ornament
Specializing in aca1JJhus leq[.....to any medium.. and ston(] too!
,.,.:;;;::,; Acanthus leaf / over mantle ornament.
#716 Shelf Brackets 11" X 7"
.egg and dart moulding any siz
Acela Woodcarving
. '---''ji#~iWQ~''---'
Page 7 of1:
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111'-
Lettering in all styles for signs or private addresses.
Tall case clock I Chippendale reproduction circa
1790 item #14
Rosettes....finials.....cartouche.....coming soon!....@
Height 95"
Tall case clockIMahogany #20 all hand carved elements
Height 90"
Acela Woodcarving
Page 8 of 1 :
Hood crown moulding
carving at the base of the hood columns
Interiors
Fallen Arches Estate..OfficeiDen/Gameroom@
Acela Woodcarving
Page 9 ofl~
~'...~- '-'"'-'--'~'~-"-',j-," -" .---
incised letterinf! to center tablet in Old German text reading
F allqn Arches
,
. :11
I
! I
window at top / Keystone and leaf
Skew view
Acela Woodcarving
Page 10 of1:
':.,(
.,".',"';:
ftJaellflowers below bracket
Raised panel and chair rail north wall
Coffered ceiling
Acela Woodcarving
Page 11 ofl~
Rosette at top of bookcas
Interiors cont....
Patience/int.99
Acela Woodcarving
Page 12 of 1~
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Furniture
Acela Woodcarving
Page 13 ofl ~
.~r~i~~~
:?,1'~
volute...on headboard and chest of drawers.
Mahogany Tilt-top Table
Acela Woodcarving
Page 14 ofl~
,ball and claw foot
Knee carving
Reproductions
Blanket chest in pine & carved center face with incised lettering.
Acela Woodcarving
Page 15 ofl~
~
Timber Frames
Timber frame scale model
The Sill 4x8" floor joists, 8x12" mains
ovetail at Sill
_ ",",Scarf joint at sill8x12" beams 24' L
Acela Woodcarving
Page 16 ofl~
Size comparison
New Class schedules or info and help regarding your
. ?
pro] ect.......... .
pricing/info
Ph. 717-776-3167
e-mail:
KenAcela@netscape.net
U.S.A
This page created with Netscape Navigator Gold
Acela Woodcarving
Page 17 ofl~
;,1
Acela 2000
Acela W oodcarvirlg
\.
Page 1 of21
Acela
Artist
.....in.....
wood
stone
etc.
Welcome!
The Franklin Mint
:" j, l i.; C '? ';;0 ~~t/)i, ' ',10
- _w ~ .'} h 1:J U .J (VJ))/
<'^' .~ JCf;72,tu
http://acela-woodcarving.coml
3/20/2001
'1fIMIiliIj~~,:'r
Acela Woodcarving
\ ,
Page 2 of21
coming soon!
Collectibles
Please wait while Page loads
This page is under construction!
last update 11/00
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Scottish Clan Heraldry
Coat of Arms
http://acela-woodcarving.coml
Acela Woodcarving
3/20/200 I
Page 3- of 21 :,
"
^
33"hgt-25"w-3"th
El4(les
http://acela-woodcarving.coml
3/20/2001
Acela Woodcarving
, .
.
@ #724-4 Eagle& law:~1 in panellOx20"
This eagle panel is llsed for door panels exterior or interior..
Page 4 of21
'725 Eagle & Bannerwll812
http://acela-woodcarving.com!
3/20/2001
Acela Woodcarving
, .
,
#724-A
lSthCentury Hall Chair/ in walnut
#154
Standing Dressing Mirror in walnut
Rose carving on mirror/close up
Page 5 of21
http://acela-woodcarving.com!
3/20/2001
Acela Woodcarving
Page 60f2]
, ,
, -
.. Sculpture..
A9J!nt.b!1~_t~,l!f ::m,d BJUl Commissioned sculpture in 1997, dimensions are 24"Lx12"hgt x 3" thick and is two
sided, made of walnut and gilded. This sculpture rests at top of a three panel oil painted room screen depicting nature and
woodlands on grounds of the estate, flanked by two carved roosters at top ofthe lower two sections left and right panels not
shown, both looking up to the sun, this composition was truly inspired by my love of nature. Its home is now in Berks Co.PA.
@
OwI.natureseriesl;!;;lJi
Ram 99
http://acela-woodcarving.coml
3/2012001
Acela Woodcarving
Page 7 of21
, ,
,
~Z4trumpeting Icherub this item in the
holiday season will grace your mantle or table, available left and right facing. size 7"X 12"
Ornament
Specializing in ({l;JIlJ,thus leaf.....to any medium..and stolle too!
Acanthus leaf; over mantle ornament.
http://acela-woodcarving.com/
3/20/2001
Acela Woodcarving
Page 8 of21
, .
,
, .
#716
Shelf Brackets 11" X 7"
.egg and dart monlding any sj
R'l;;;~~n'lii
f::j:'i:';:P::',
kd'fC''''
t:::::::;~:g!r:{:::'::,:..'"
4i"
in all styles for signs or private addresses.
http://acela-woodcarving.com/
3/20/2001
Acela Woodcarving
Page 9 of21
, .
, .
Tall case clock / Chippendale reproduction circa
1790 item #14
Rosettesm.finials.....cartouche.....coming soon!....@
Height 95"
Tall case clock/Mahogany #20 all hand carved elements
Height 90"
http://acela-woodcarving.coml
3/20/2001
Acela Woodcarving
Page 10 of21
< .
~ .
Hood crown moulding
carving at the base of the hood columns
Interiors
Fallen Arches Estate..OfficelDenlGameroom@
Bracket at window
http://acela-woodcarving.com!
3/20/2001
Acela Woodcarving
Page 11 of21
<.
, .
incised lettering (0 cfi!JterJgl2JfiJ in Old German text readinf!
Fallen A~:Qh€l.~
window at top I Keystone and leaf
Skew view
http://acela-woodcarving.coml
3/20/2001
Acela Woodcarving
, .
Page 12 of21
, '
BeUflowers below bracket
Raised panel and chair rail north wall
http://acela-woodcarving.com!
3/20/2001
Acela Woodcarving
Page \3 of21
, .
. '
Coffered ceiling
close up
http://acela-woodcarving.com!
3/20/2001
Acela Woodcarving
'.
, -
Rosette at top of bookcas
Page 14 of21
Interiors conI....
_ce'!!ienc~41!.9L...
http://acela-woodcarving.coml
3/20/2001
Acela Woodcarving
Page 15 of21
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3/20/2001
Acela Woodcarving
Page 16 of21
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volute...on headboard and chest of drawers.
Mahogany Tilt-top Table
mahogany Tilt top tables
http://acela-woodcarving.com/
3/20/2001
Acela Woodcarving
Page 17 of21
,I
,
ball and claw foot
Knee carving
Reproductions
Reproduction
IAntique
http://acela-woodcarving.com/
3/20/2001
Acela Woodcarving
Page 18 of21
~.
,I
,- '
Blanket chest in pine & carved center face with incised lettering.
Timber Frames
imb~r.1I:aQl~ scale model
http://acela-woodcarving.com/
3/20/2001
Acela Woodcarving
Page 19 of21
,
c
..
The Sill 4x8" floor joists, 8x12" mains
,
!
.
Ii
.
,;Scarf joint at sill 8x12" beams 24' L
Size comparison
http://acela-woodcarving.coml
3/20/2001
Acela Woodcarving
Page 20 of21
'~ ......
v
~.
New Class schedules or info and help regarding your
. ?
project.......... .
pricing/info
Ph. 717-776-3167
e-mail:
KenAcela@netscape.net
U.S.A
This page created with Netscape Navigator Gold
II'~;;;~;~
-~~~ , .~,~
Acela 2000
http://acela-woodcarving.com/
3/20/2001
,
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DREW .I. STOKElIl
KATHLEEN L. $TOKEN
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ACSLA WQOIJi\fORK!NG
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7 NeI~Pkt~CC~m7~till,~ :.tht$i1>>.~p-inurrtJ.n:..
$9:1~~~5~~;~~l:~ii~~!..
~i4m~rl)rfe:sall!l .. 1'1\"1U1:fl.ai't~f!~Im.~.II'I
~,-: IllIlIIin.:lll'~(!r!:lt~l'!f
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----...---..--...--'-----.--....-,-.-.-
---
... .90 'PARKER; RO.iiD
r NEWVILLE l?A 17241
[:::...;;;.~.~:_-~~-
$
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12: Sta1'!!iP<'f.Y!!f'~:!;U.11I9 mUllhou
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,~~ 1099-MiSC
., ::'.... W",ep, lor ,'Ol.lr ,,,cc"':hl '
-
-
Acela Woodcarving & Working
9J Parker rd. Newville,PA 17241
717-776-3167- fx-717-776-8:J56- e-m- acanthuS@pa.net
... INVOICE
TO: Big Spring T ermes
Attn: SandylKen
...
...
...
...
DAll
31799
CUST 110.
92
SAlESPERSOII
llRMS
1/2 dwn& <Vo per month as work
Pro esses
...
...
...
QTY DESCRIPTlOII PER UIIIT
1 Sign Big Spring Terrace as cl"awn, C<rved
d leaf 2 sided
it 1/2 date3.~!Z::.?.~
Pleaie makl chico payahlllB:
Ken Acela
90 Parker rd
ewville, P A
17241
SUBTDTAl
Till raIl % &.DO
1IIIPI'1I0/1lAlUl1lllli
...
TOTal
2,540.00
1,270.00
2 540.00
152.40
0.00
~-L6-2~~l IL~4A~M
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Quicken Fmd
Pose 1
Date ~ Num Payee Cst Memo Or Arno<ri
1014100 dledOng 00 ~ Ken_ Heme RplIir oep -=.00
'600 9/19100 ~oo 7a69 I<lln_ Home Rpalr de!> -750.00
7131,00 el1e<:Icinq 00 nM kn_ Horne Rllsir dl:;ldOSet -2.100.00
121319ll o!I<lCking 98 1>451 KeIl_ Home Rpalr -350,00
11PJ98 cl.e..l\O.g93 6402 Ken_ HomeR;l8il' -300.00
1Gn&96 Ll~~ee. 634S K<.n"""",, _ RJ>ai' -300.00
at1~ _og 93 G220 Ken_ Home Rpajr -600.00
lq8 7n 1!16 c:l>edOng 93 6t74 Ken_ Home Rp6lr -3Il7.oo
9115B8 cmddng 98 6111 Ken_ Heme Rpair -300.00
6I71!16 checldng 98 GOSS Ken_ Home RpeiI' -700.00
511&96 d1ecIcIllll98 eoEl3 . KenAcela Home filleir -325.00
5I&I9S _ng93 6039 Ken/>l:tJ/a Home Rpait -350.00
5l0W8 c:lleCl<lng93 IlO26 Ken ACela HCllTl& Rpalr -800.00
iJ'O/98 c:l'Ied<Ing 911 $01:\ Ken_ Horne Rp8lr -400.00
4Jl0W8 chec:kil1g 98 5995 KeIl_ HcmeR!)llir -125.00
4iS/9ll dlecking 9ll 5974 Ken_ Home Rpait. -125.00
3/17/98 clleckIng 98 590\6 KeIl_ HameRpalt -340.00
2I1l!198 clw:ctcing 913 589Il Ken_ Hems Rp* -ZiO.OO
.. 'QUiCken Fmd 1""1<-
Dale ~
Ac:t Ntml ~ Cat
Mom<>
12/241S6 ClledcIng 5110 I<lln_ Heme RpoIIr Ok' AmCllri
1218196 Chedcing 5!Tl7 Ken_ Heme Rpo>ir ~.OO
11~ ChedIIng 5038 Ken Aoela Heme Rpoir -560.00
11f1ll19S Oledcing S022 K"" Acela -375.00
1ar.<9196 Chedling 4987 KenAeela Home RpU ..fl6O.00
10117196 Clleclcir'Q 491>4 Ken Aoela Heme Rpair .:J5O.oo
Home Rl>Oir
/(10 101519ll ChecIcing <1935 KenAcde Heme Rpoir -150,00
9114/9El Cheddng 4001 Ken"""'" Heme RplIir -700.00
7i30198 a.e<:king _. KIln_ - -700.00
7l2S1!1fi Cl>ccIcing 4&4S Ken h:da Heme R;laJt -1.064.00
7/2fJ196 Checlolng 4845 Ken Acda -00.00
71t3196 Chec:Idng 4624 Ken Acela - Rpslr -4,026.65
Home RPair
6i29I96 CllecIcing 4802 Ken AcsIa Heme Rpoir -280.00
S/1516S CIledting 47llO Ken Aces Home RpU ~,OO
5rZl196 CIleeldng .f749 Ken AcoIa Hcm&~ -:300.00
5i1219S Clleclllng 4716 Ken AcoIa H<lme Rpllir -250.00
2I1ll196 ChecIcing 4SIl4 Ken Aces !-!elm: ~ -490.00
91ZZ197 ctoec:IQng 97 5582 Ken A<eJa' ,,92Q.JlO -
'Cj 7 3131197 checl<ing sn 528e !<en _ - Rpair -454.70
.,,--.~6JS7, ~sn ~~" I('--.~ Heme Rpalr -250.00
_ Rpair . --"---_.... -350,00
Amounts shown on this form may be subject to self-employment lax. If
'Your net income from self-employment ;s $400 or more, you must file a retum
and compute your selt-empI9'yment tax on Schedule SE (Form 1040). See
Pub. 533, Self-Employment Tax, for information on self-employment Income.
If no Income or socIal security and Medicare taxes were withheld by. the payer,
you may have to make estimated tax payments if you are still receiving Uiese
payments. See Form 104G-ES, Estimated Tax for IndMduaJs.
If you are an individual report the taxable amounts shown on this form on
Form 1040, as explained below. (Others, such as corporatIons, fiduciaries, or
partnerships, report the amounts on the proper line of your tax return.)
Boxes 1 and 2. Report rents from real estate on Schedule E (Form 1040). If
you provIded sfgnlflcant services to the tenant, sold real estate as a business,
.or rented persanal property as a business, rep'art on Schedule C or C-EZ
(Farm 10401. Far royalties on timber, coal, anCllron ore, see Pub. 544, Sales
and Other DIspositions of Assets.
Box 3. Generally', report on the "Other Income" line of Form 1040 and identify
the payment. If It is trade or business income, report this amount on Schedu1e
C, C-EZ, .or F (Fann 1040). The amount shown may be payments you received
as the beneficiary of a deceased employee, prizes, awar'ds, taxable damages,
Indian gaming profits, or other taxable Income.
Box 4. Shows backup withholding or withholding pn Indfan gaming profits.
Generally, a payer must backup withhold at a 31% rate If you did not furnish
your taxpayer identification number to the payer. See Form W-9, Request for
T~ayer laentificatian Number and Certificatlan, for infarmatlan an backup
withhalding. Include this an your incame tax return as tax withheld.
Box 5. An amou nt in this box means the fishing boat aperatar considers yau
self-emQloyed. Rep-ort this amaunt on Schedule Car C-EZ (Farm 1040). See
Pub. 595, Tax Hlgiillghts for Commercial Fishermen.
Box 6. Report on Schedule C or C-EZ (Form 1040).
o BMISI1 NTF 27243
Copyright 2000 GreatlandlNelco LP - Forms Software .only
Box 7. Generally shows nonemplavee compensation. If you are in the
trade or business of catching fish, box 7 may show casli you receIved
for the sale offlsh. Generally, payments reported in this box are income
from self-employment SInce yau received this form, rather than Farm
W-2, the payer may have cansidered you self-employed and did nat
withhold social security or Medicare taXes. Rep-ort self-employment
income on Schedule C, C-EZ, or F (Form 1040) and compute the
self-employment tax on Schedule SE (Form 1040). Howeverz if yt?u
are not se[f-empla~ed, report this amount an the "Wages, salanes, tips,
etc." Une of Form 1040. Call the IRS for Informatlan abOut how ta report
any social security and Medicare taxes.
Box 8. Shows substitute payments In lieu .of dividends or tax-exempt
Interest received by your broker on your behalf after transfer of yaur
securities far use in a short sale. Report on the "other Income" Ilne .of
Form 1040.
Box 9. If marked, sales to you .of consumer products an a buy-sell,
deRasit-commlssian, .or any other basIs for resale have amounted to
$5000 or mare. The person filing this retum does not have to show a
dallar amount in this box. Generally, reRQrt any income from yaur saie
.of these products an Schedule C or c-:.EZ (Form 1040).
Box 10. Report on the "Crop Insurance proceeds..." Itne an Scnedule F
(Form 1040).
Box 13. "A" .or "EPP" may be shown ta identify the Income you received:
A-Gross proceeds paid to an attorney In connection with legal services.
Repart only the taxaBle part as Income an your return.
EPP--Excess golden parachute p'ayments subject to a 20% excise tax..
See your Form 1040 Instructians for the "Total Tax" line. The amount in
box 7 Is your total campensatlan.
Other Informatlan may be provided to you in box 13 without "A" .or "EPP." I
1099-MISC
39-1908647
Form"'1099-MISC n CORRECTED (If checked) (Keep for your records.)
PAYER'S name, street address, city. state, ZIP code, and telephone no. 1 Rents OMS No. '1545-0'1'15
E. C. SNYDER INC $
l8TH AND HOLLY STREETS, BOX l833 2 Royalties. 2000 Miscellaneous
$ Income
HARRISBURG 3 atherfncome 39-1908647
PA l7l05 $ Fo'm1099-MISC Department of Treasury --IRS
PAYER'S Federal Identification number I RECIPIENT'S Identlrication number 4 Fed. inc. tax withheld 5 Fishing boat proceeds Copy B
23-l285839 269-56-2804 $ $ For Recipient
RECIPIENT'S narne, addres~, and ZIP code 6 Medical & health care pymts. 7 Nonemployee compensation This Is important tax
ACELA WOODCARVING $ $ 3900.00 information and Is
beIng furnished to the
8 Substitute payments in lieu 9 Payer made direct sales of Internal Revenue
i or dividends or Interest $5,000 or more or consumer Service. If you are
products to a buyer n required to rue a
90 PARKER ROAD 1$ (recipient)fOrresale ... return, a negligence
penalty or other
10 Crop Insurance proceeds 11 State income tax withheld sanction may be
PA l724l $ $ lmposed on you If th Is
NEWVILLE Income Is taxable and
12 State/Payer's state number 13 th e IRS determines
Account number (optional) thatit has not been
ACELA $ reported,
-'
.,-'
Income and Expense ~tatement
PACSES Case Number 025~02783
Section ill: Exoenses
>E;;!f IRS' ('cf{........ 16"ie. Lsd". c:.) "'"\T<'Ic....",.A
Instructions: Only show extraordinary expenses in this section WJ1ess you filled out Section n on page two. The categories
in BOLD FONT are especially important for calculating child support. If you are requesting Spousal Support! APL or if
you assert your case cannot be determined according to the guideline grids or formula. this section must be fully completed.
(Fill in Appropriate Column)
EXPENSES
WEEK MONTI! YEAR
Home
Mongage/R.ent S S ,~ S'G ,- S
Maintenance IQ6...,-
Utilities ~,-
Electric S S '2cOJ- $
Gas
Oil
Telephone <;'l),-
Warer
Sewer
Emnlovment
Public Transport. S S S
Lunch
Taxes
Real estate S \LlC--LS \lo.l CI- S
Personal P_y 4/";0
Insurance
Homeowner's S S \/Il'<:L S
Automobile Lj(,Z
Life
Accident
Health
Other
Automobile
Payments S $ $
Fuel ieo
Repairs '00
Medical
Doctor S $ S
Dentist
Orthodontist
Hospital
Medicine
~peo.. needs
(gla~~~:~ces,
ortbo . devices
EXPENSES (Fill in Appropriate Column)
(continued) WEEK MONTI! YEAR
Education
Private School S S S
Parochial School
College
Religious
Personal
Clothing S s IE;: - s
Food 7,q"-J.2,,"
Barberi '2n.-
'Ra;rdres~PT ,
Credit Payments ,..., ~
Credit Card
Charge
Memberships
Loans ,
Credit Union S S S
Miscellaneous
Household Help S S S
Child care
~:~ers~~oks
Entertainment 5"'~ ~ -
Pay TV
Vacation ~D .-
Gifts z" -
Legal fees 5"'.;0 .-
Charitable 1...;-,-
~utions
<.; er ,::hild
AIioiony
Pavmentc;
Other
S S $
I ~~~nses: I S WEEK s J.~~~dJ S YEAR
I verify that the statements made in this Income and Expense Statement are true and correct. I unders
sta;~r snbject to the criminal penalties of 18 Pa. C.S. ~_~04, lating to u wo
Da I PI mtiff or Defendant
SeIVice Type M
Page 3 of3
Form IN-008
Worker ID 21201
'",<,.0\<_'" ._."~.a,,,."=.~.~~~ _ .__ "~.,
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DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v
CIVIL ACTION - LA W
KENNETH A. ACELA,
Defendant
NO. 2000 - 7173 CIVIL
IN CUSTODY
COURT ORDER
AND NOW, this J ~ th day of February, 2001, upon consideration of the attached Custody
Conciliation Report, it is ordered and directed as follows:
I. The Mother, Dale E. Acela, and the Father. Kenneth S. Acela, shall erljoy shared
legal custody of Michael Anthony Acela, born July 24, 1987; and Alissa Jessica
Acela, born May 18,1990.
2. The Mother shall enjoy primary physical custody of the minor children,
3. The Father shall erljoy periods of temporary physical custody of the minor children
as follows:
A. Father shall enjoy at a minimwn one afternoon per week with each
child. Unless agreed otherwise by the parties, Father shall have
custody of Michael from 9:00 a.m. until 2:00 p.m. on Saturdays and
custody of Alissa from 1 :00 p.m. unlil 6:00 p.m. on Sundays. The
parties are encouraged to work between themselves to modify or
expand this arrangement as appropriate.
4. The parties shall also engage in counseling involving the parties and the two minor
children, with the focus of the counseling to address any issues currently in existence
that are prohibiting a meaningful relationship between Father and the two minor
children.
5. This order is temporary in nature in the sense that Father reserves the right to seek
additional time with the minor child or primary custody if he so desires after the
parties have proceeded with the counseling as set forth above.
~ .
I~
'-',--1
, ',"-""'-'--
d
6. The attorneys for the parties shall conduct a telephone conference call with the
Custody Conciliator on Thursday, March 15,2001 at 8:00 a.m,
cc: Bradley L. Griffie, Esquire
Thomas J. Williams, Esquire
BY THE COURT,
wdJl(lAd E. ~J.
Edward E. Guido
DALE E. ACELA,
Plaintiff
v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
KENNETH A. ACELA,
Defendant
NO. 2000 - 7173 CIVIL
IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE
i 915 .3-8(b), the undersigned Custody Conciliator submits the following report:
I. The pertinent information pertaining to the children who are the subject of this litigation is
as follows:
Michael Anthony Acela, born July 24, 1987; and Alissa Jessica Acela, born May 18, 1990.
2. A Conciliation Conference was held on February 8.2001, with the following individuals in
attendance:
The Mother, Dale E. Acela, with her counsel, Bradley L. Griffie, Esquire; and the Father,
Keruneth S. Acela, with his counsel, Thomas 1. Williams. Esquire.
3. The parties agree to the entry of an order in the form as attached.
2.Jl)!U!
DATE
Hubert X. roy, Esquire
Custody oncilialor
;..r -..
In the Court of Common Pleas of Cumberland County, Pennsylyania
. .
Domestic Relations Section
P.O. Box 320, Carlisle, PA 17013
Phone: 171 7) 2..0-6545
Fax: (il 7) 2..0-62-+8
Plaintiff)iame: Kenneth S. Acela
Defendant :-.lame: Dale E. ,-\cela
Docket ,",umber: 00953 S 2000
PACSES Case ~umber: 015 i017S3
Other State [D ,",umber:
Please note: All correspondent must include the PACSES C:J.se :"-lumber.
Income and Expense Statement
THIS FOR-v! MliST BE FILLED OliT
(If you are s"lt~employed or if you are salaried by a business of which you are the owner In whole or parr. you
must also fill out the Supplemental Income Statement which appears on page mo of this income and expense
5tatemetlt.)
I~COME STA TE:YIENT OF
Dale "f:. Acda
Section I: Income and Insurance
I:--iCOME:
Employer Carlisie Hospital
.\ddress 246 Parker Street Carlisle. PA i 7013
Type of Work Nurse
P~yroll \0. 00382 Gross Pay per Pay Period 5 I 876.80 Pay Period Iwkly.. bi-wkly.. etc.) bi-wklv
itemized Pavroll Deductions:
IF~der:J.t \'Vlthholding 5333.89
Stale [ncome TJ..'t 5..1-8.84
C~dit Cmon S
iOthe~ DedU";:lons (S'Declrv)
I . .
I
Is 134.-14
Is
15
is
is
Net Pay per Pay Period S
ISoclal S.:cur:ry
jRetiremem
!SI8.77
is
I
is 108. i6
Is
I
I
! Ur'e [nsur.:mce
I Local Wage T.:lX
-I Savings Bond
I He:1ith [nsur:J.nce
I 1,"c1udes dem..)
OTHER
I ["'"COil-IE
Ilmere::;t
iDiviciends
[ P::nswn
IAnnulc;.'
!Su\aal S~':''':'::ty
[Rem::>
iRoy::;,lties
!Exvense A.:;count
, .
iOins
ILnempioymem
\Vorkrnan's
IFill in Appropriate Column)
WEEK I :YIONTH I YEAR
S S I S
PROPERTY
OW,,""ED
. ,IOwnership*
i DESCRIPTION! VALVE I H ~ W. .J I
S
Compensation
IOmer
IOIher
I TOT.\L
I TOT..I.L
I I:-;CO~IE
I
T
CheCK.::l;l: '\':Cl,lUr::LS .
ISavm~s ,.3,.~counts
IC:edi: :';mon
I .
I Stoel':.> 30nds
IR'" =""e
Other
I
I
iTOT..I.L
i
is
I
I
* H = Husband: W = Wife; J = Joim
S
5
S
5
Form IN-008
IV orker lD
S~rvice Typ~
"
, ~"
"
,- ~ , -
i" A1_~
Lncome and Expense Statement
PACSES Case Number 025102783
I Coverage *
INSUR.\NCE COMPAI'IY , POLICY # Hlw C
i
HOSDital AernaiUS Healthcare I GRP #086613 XIX X
Blue Cross
Other , I I I
'vledical I AernallJS Healthcare I GRP ~ 086613 X , X X
Blue Shield , I
Other I I I
I t
Health! Accident i i I I I
,
Disability income I I
Dental I AernalUS Heaithcare I GRP" 086613 X X X
Other I I
* H ~ Husband: W ~ Wife: C ~ Child
Section II: Supplemental Income Statement
a. This form is to be tilled out by a person
( I) who operated a business or practices a profession, at
(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. ..l.,ttach to this stalement a copy of the following documents relating to the partnership, joinr
venture, business, profession, corporation or similar entity:
(1) the most recent Federal income Ta;, Return, and
(2) the most recent Profit and Loss Statement
c. Name of business:
Address and telephone number:
d. \'ature of business (check one)
( I) pannership
(2) joint venture
(3) profession
(4) closed corporation
(5) other
e. 'lame of accountant, controller or other person in charge of financial records:
f. Annual income from business:
il) How often is income received"
\2) Gross income per pay period:
(3) Net income per pay period:
\4)
Specified deductions, if any:
Serv~ce Type
Page 2 on
Form IN-008
Worker ID
..r" lhcome and Expense Statement
~- '
'""'
,_ -I
.' -~I-.l- '",ok"'''' ' Je. ','0' -,"'" '""-
., ~ ~' -' '
PACSES Case Number 025102783
Section III: Expenses
Instructions: Only show extraordinary expenses in this section unl~ss you filled out Section II on page two. The categories in BOLD
FONT are especially important for calculating child support. If you are requesting Spousal SupportlAPL or if you assert your case cannot
be detennined according to the guideline grids-or formula, this-section must be fully completed.
(Fill in Appropriate Column)
EXPENSE WEEK MONTH YEAR
~
Mortgage/Rent $ $725.00 $
Maintenance 35.00
~ .
Electric $ $120.00 $
GtllrWOOD 164.00
g;j KEROSENE
Telephone 100.00
_TRASH
Sewer .
',Emnlovment
Public Transportation $ $ $
Lunch 60.00
Taxes
Real Estate $ $42.00 $
Personal Property 21.00
In~lIrance
Homeowner's $ $18.00 $
Automobile 82.00
Life 51.09
Accident
Health
Other
Automobile
Payments $ S $
Fuel 100.00
Repairs 30.00
Medical
Doctor $ $iO.OO $
Dentist 15.00
Orthodontist
Hospital
""Iedicine 80.00
Special needs
(glasses. braces 20.00
orthopedic devices)
Total
Expenses
WEEK
$
EXPENSES (Fill in Appropriate Column)
(continued) WEEK MONTH YEAR
Education
Private Seh.aal S $ S
Parochial School
Gellege-LUNCHES 96.00
Religious
~
Clothing S S80.00 $
Food 500.00
BarberI
Hairdresser 50.00
Credit Payments
Credit Card .
Charge 650.00
Memberships
Loan~
Credit Union S $ $
Balance on Debt appx. 15,000.00
Miscellaneous
Household Help S $ $
Child care 88.00
Papers/books
Magazines 10.00
Entertainment 25.00
Pay TV 10.00
Vacation
Gifts 80.00
Legal fees 500.00
Charitable 5.00
Contributions
Other Child
Support
Alimony
Payment
QJh<r
S $ $
MONTH
$ 3.767.09
YEAR
$
1 verify that the statements made in the foregoing document are true and correct. I understand that fals~ statements
herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsIfical10ns to authontles.
DATE:
12/5/00
Service Type
Page 3 of3
Form IN-OD8
Worker lD
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SINCE ~84'::'
l'.CT 91. NOTICE
DATE OF NO~ICE: ~arch 08, 2001
TA:<E ACTION TO SAv~ YOUK HOME FROM FORECLOSUKE
This is an official notice that the mortGace on your home is in defaulc,
and che lender intends to foreclose. SO~cific informatio~ about the
nacu~e or the default is provided in the attached pages.
The HOMEOw~~R'S MORTGAGE ASSISTP.~CE PROGPP~ (HEMAP) may be able to helD
to save your home. This Notice exnlaiTIs how the Droaram works.
To see if 5E~_~P can help, you must MEET WITH A CONSUMER CRSDIT
COuNS~LING AGENCY WITHIN 30 DAYS OF TEE DATE OF THIS NOT~CE.
Take this Notice with YOU when you meet with the Counseli~a
Aqencv.
The name, address and Dhone number of Cansume~ Credit Counselina
Acencies servina your County are listed at the end of this Notice.
If you-have any auestions, you may call the Pe~~svlvania ~ous~nq
F~nance Aae~cv toll :ree at 1-800-342-2397. (Pe~sons with im~aired
hear~nq can call (71?) 780-1869.
Th.:..s Not.ice conta:..ns i~portant legal information. If you have any
quescions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also w~~t to contact any
attorney in your area. The local bar association may be able to help
you find a lawyer.
La nctificacion en adjunto es de suma importancia, pues a=ecta su
derecho a continuar vivendo en au casa. Si no comprende el contenido
de est a notificacion obtenga una traduccion immediatamente llamanda
Esta agencia (~ennsylvania.Housing Finance Agency) sin cargos al nume~c
menciorrada arriba. 9uedes ser elegible para un prestamo 90r e1
programa llamadc TI!{omeowrrer1s Emergency Mortgage Assistance P~cgramll
e~ cula Duede salvar su casa de la nerdida del derecho a =edimir au
hipcceca~ ~
DL132
DovenmuehJe Mortgage, lnc,
1501 Woodfield Road
Schaumburg, iL 60173-4982
(847) 619-5535
, L
, 1:,,;.;..1
~; ,
--~ "'!i\1
SINCE 184~
March 08, 2001
Dale E Acela
90 Parker Rd
Newville PA 17241
Loan Number: 0011565942
Current Lender/Servicer: Dovenmuehle Mortgage Inc.
HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTAl,CE PROGRAl~
YOU MAY BE ELIGIBLE FOR ?INAl,CIAL
ASSISTANCE WHICH CAN SAv~ YOUR HOME
FROM FORECLOSURE AND HEL? YOU MAKE
FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF TF3 HOMEOWNER'S EMERG~NCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "l'_:::T"), YOU MAY BE ELI3IBLE
FOR EMERGENCY MORTGAGE ASSISTANCE:
* IF YOUR DEFAULT HF_S BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUK
CONTROL,
* IF YOU F~VE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUK
MORTGAGE PAYMENTS, AND
* IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are ent~~led to
a temporary stay of foreclosure on your mortgage for thirty (30) days
from the date of this Notice. During that time you must arrange and
attend a "face-to-face" meeting with one of the c.esignated::onsumer
credit ::ounseling agencies listed at the end of this Notice.
THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT
A?PLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YO~~ MORTGAGE
UF TO DATE. THE PART OF THIS NOTICE Cl'...::cLED "HOW TO CURE YCUK MORTG_:"GE
DEFAULT", EX?LAINS HOW TO BRING YOUR MCRTGAGE UP TO DATE.
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg,IL60173-4982 (847) 619-5535
<'-'
.~
.
r '
~
PAGE 2 OF 5
March 08, 2001
K S Acela
SINCE 1844
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the
consumer credit counseling agencies listed at the end of this Notice,
the lender may NOT take action against you for thirty (30) days afcer
the date of this meeting. The names, addresses and teleohone numbers
of designaced consumer credit counseling agencies for the councy in
which the property is located are set forth at the end of this Notice.
It is only necessary to schedule one face-to-face meeting. Advise your
lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for
the reasons set forth later in this Notice (see following pages for
specific information about the nature of your default.) If you have
tried and are unable to resolve this problem with the lender, you
have the right to apply for financial assisance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program
Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will
assist you in submitting a complete application to the Pe~~sylvania
Housing Finance Agency. Your application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF
YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOL~ HOME IMMEDIATELY ANv YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are
very limited. They will be disbursed by the 1I.gency under the eligibility
criteria established by the Act. The Pennsylvania Housing Finance
Agency has sixty (60) days to make a decision after it receives your
application. During that time, no foreclosure proceedings will be
pursued against you if you have met the time reqJirements set forth
above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your Application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFOR~ATION
PL~POSES ON~Y AND SHOu~D NOT BE CONSIDERED AS 1I~ ATTEMPT TO COLLECT THE
DEBT.
(If you have filed bankruptcy you can still apply
for Emergency Mortgage Assistance.)
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, IL 60173-4982 (847) 619-5535
.
PAGE 3 OF j
March 08, 2001
K S Acela
SlNCE , 844
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) .
NATuKE OF THE DEFAULT - The MORTGAGE debt held by the above lende~
on your property located at:
90 Parker Rd
Newville PA 17241
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following
months and the following amounts are now past due:
(a) Monthly payments from January 01, 2001
to present (at $' 634,42 per month) $
11903.26
(b) Previous late charges; $
(c) Property Inspections; $
"':'"' ~,-
.......:::: . _ 0
8.75
(d) NSF Charges; $
.00
(e) Other provisions of the mortgage
obligation, if any; $
.00
(f) TOTAL AMOUNT OF (a) (b) (c) (d) and (e)
REQUIRED AS OF THIS DATE:
$
1,944.47
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not
applicable) :
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY
(30) DAYS of the date of this notice BY PAYING THE TOTAL ~~OUNT
PAST DUE TO THE LENDER WHICH IS $ 1,944.47, PLUS Al\rI MORTGAGE
PAYMENTS Al~ LATE CHARGES WHICH BECOME DUE DURING THE THIRcY (30)
DAY PERIOD. Payments must be made either by cashier's check,
certified check or money order made payable and sent to:
ATTN: Collection Department
LENDER NAME: Dovenmuehle Mortgage, Inc.
ADDRESS: 1501 Woodfield Road, Suite 400E Schaumburg, IL 60173-4982
You can cure any other default by taking the following action wi~h~n
thirty (30) DAYS of the date of this letter. (Do not use if not
applicable. )
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg, iL 60173-4982 (847) 619-5535
.1.,1
I.;.'
""'<"'''''--.''-'IilIIIii~;',;
#
PAGE 4 OF 5
?4arch 08, 2001
K S Acela
SINCE 1844
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within
thirty (30) DAYS of the date of this Notice, the lender intends to
exercise its rights to accelerate the mortgage debt. This means that
the entire outstanding balance of this debt will be considered due
immediately and you may lose the chance to pay the mortgage in monthly
installments. If full payment of the total amount past due is noe made
within THIRTY (30) DAYS, the lender also intends to instruot its
attorneys to start legal action to foreclose upon your mortgaged
property.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be
sold by the Sheriff to payoff the mortgage debt. If the lender refers
your case to its attorneys, but you cure the delinquency before the
lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually
incurred up to $50.00. However, if legal proceedings are started
against you, you will have to pay all reasonable attorney's fees
actually incurred by the lender even if they exceed $50,00. Any
attorney's fees will be added to the amount you owe the lender, which
may also include other reasonable costs. If you cure the default
within the THIRTY (30) DAY period, you will not be required to pay
attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the
unpaid principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not
cured the default within THIRTY (30) DAY period and foreclosure
proceedings have begun, you still have the right to cure the default
and prevent the sale at any time up to one hour before the Sheriff's
Sale. You may do so by paying the total amount then past due, pl~s
any late or other charges then due, reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with
the Sheriff's Sale as specified in writing by the lender and by
perfor~ing any other requirements under the mortgage. Curing your
default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest
date t~at such a Sheriff's Sale of the mortgaged property could be held
would be approximately 9 months from the date of this Notice. A
Notice of the actual date of the Sheriff's Sale will be sent to you
before the sale. of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what
the required payment or action will be by contacting the lender.
DL131/3IC
Dovenmuehle Mortgage, Inc. 1501 Woodfield Road Schaumburg,IL60173-4982 (847) 619-5535
I', -",-
-:.','",-' ".-' -'"
PAGE 5 OF 5
March 08, 2001
K S Acela
SINCE 1844
HOW TO CONTACT THE LENDER:
Dovenmuehle Mortgage, Inc.
1501 Woodfield Road
Schaumburg, IL 60173-4982
1-800-669-0340
Fax: 847-330-8032
Contact: Mr. Edward Bagdon
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale
will end your ownership of the mortgaged progerty and your right to
occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings
could be started by the lender at any time,
ASSUMPTION OF MORTGAGE - You MAYor X MAY NOT transfer
your home to a buyer or transferee who will assume the mortgage debt,
provided that all the outstanding payments charges and attorney's fees
and costs are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT
* TO SELL THE PROPERTY TO OBTAIN MONEY TO ~AY OFF THE MORTGAGE DEBT OR.
TO BORROW MONEY FROM ANOTHER LENDING INSTIr~~ION TO PAY OFF THIS DEBT.
* TO a~VE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.'
* TO F~VE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CUKE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR. )
* TO ASSERT THE NONEXISTENCE OF A DEFAULT IN k~ FORECLOSuKE
PROCEEDING OR k~ OTHER ~_WSUIT INSTI~J~ED ~~uER THE MORTGAGE DOCUMENTS.
* TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER.
* TO SEEK PROTECTION UNDER THE FEDERAL BA1[~UPTCY LAW.
Dovenmuehle Mortgage, Inc. 1501 Woodlield Road Schaumburg, IL 60173-4982 (847) 619-5535
.-
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Bradley L. Griffie, Esquire
Marylou Matas, Esquire
GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
200 North_or_
CadIoIe,PA 17013
(717) 243-5551
1(800)347-5552
Robin J. Goshorn
LegalAssistant
Reply 10, CarlIsI.
April S, 2001
3llNorth__
Chambers....... PA 17201
(717) 267-1350
...(717)243-5063
The Honorable Kevin A. Hess
4th Floor, Judges' Chambers
Cumberland County Courthouse
Carlisle, PA 17013
RE: Acela vs. Acela
Dear Judge Hess:
Enclosed herein please find a Brief I am filing on behalf of my client, Dale Acela, in
the above captioned matter. By copy of this correspondence, I am !providing Attorney
Williams with a copy of the Brief as well. I understand that he may ~sh to respond. My
only request is that if he does so, that he do so in a timely fashion, such as no more than
one week, so that this matter is not delayed. I make this latter request because my client
has received notification that despite our position that she should not !be paying any APL
to Mr. Acela, she is now wage attached for the $411,00 per month that was ordered in the
Recommended Order,
/
/ .
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Enclosure
cc: Dale E, Acela
Thomas 1. Williams, Esquire
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F:\FILES\DA T AFILE\Gendoc.cur\10207-ans.lItde
Created: 10/30100 03;03:49 PM
Revised; 111011100 08:32:38 AM
DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-7173 CIVIL ACTION - LAW
KENNETH S. ACELA,
Defendant
IN DIVORCE
DEFENDANT'S ANSWER WITH ECONOMIC CLAIMS FOR ALIMONY.
ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES
AND NOW, comes the Defendant, Kenneth S. Acela, by and through his attorneys,
MARTS ON DEARDORFF WILLIAMS & OTTO, and avers as follows:
1-10. Admitted.
WHEREFORE, Defendant requests your Honorable Court to enter a divorce pursuant to
Section 3301 (c) ofthe Divorce Code.
COUNT II
INDIGNITIES
II. Paragraphs I through 10 are incorporated herein by reference thereto.
12. Denied.
WHEREFORE, Defendant requests your Honorable Court to enter a divorce pursuant to
Section 3301 (c) of the Divorce Code.
COUNT III
EOUITABLE DISTRIBUTION
13. Paragraphs I through 12 are incorporated herein by reference thereto.
14-16. Admitted.
WHEREFORE, Defendant requests your Honorable Court to equallY divide the marital assets
and debts and to enter a divorce pursuant to Section 3301 (c) of the Divorce Code.
1",-
- = ':a!;::lW.'
DEFENDANT'S CLAIM FOR ALIMONY
UNDER SECTION 3701 OF THE DIVORCE CdDE
17, Paragraphs 1 through 16 hereof are incorporated herein by reference thereto.
18. Defendant requests your Honorable Court to allow alimony as it deems reasonable
pursuant to Section 3701 of the Permsylvania Divorce Code.
DEFENDANT'S CLAIM FOR ALIMONY PENDENTE LITE.
COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE
19. Paragraphs 1 through 18 hereof are incorporated herein by reference thereto.
20. Defendant requests your Honorable Court to allow him alimony pendente lite,
reasonable counsel fees and expenses pursuant to Section 3702 ofthe Pennsylvania Divorce Code.
WHEREFORE, Defendant requests the Court to enter a Decree:
A. Dissolving the marriage between Plaintiff and Defendant;
B. Equitably distributing all property owned by the parties hereto;
C. Awarding alimony as the Court deems just and reasonable;
D. Ordering payment of alimony pendente lite, counsel fees and expenses as the
Court deems just and reasonable; and
E. For such further relief as the Court may determine equitable and just.
"",.1L ~
Date: November 1, 2000
_ t ..1
, , Ct- -~,,:- --'" . '" -filg'f,\
VERIFICATION
The foregoing Answer with Economic Claims is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The language of the document is that of
counsel and not my own. I have read the document and to the extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
,,=rul<, I _b' rubjoct to ,rinrirUU p,ruoIti~. ~tflg _
Kenneth S. Acela
. '
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, heTeby
certif'y that a copy of the foregoing Interrogatories was served this date by depositing same in the
Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Bradley L. Griffie, Esquire
Bradley L. Griffie & Associates
200 North Hanover Street
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
~fJ.~
ia D. Eckenroad
Ten East High Street .
Carlisle, P A 17013
(717) 243-3341
Dated: November 1, 2000
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F:\FlLES\DA TAFILE\(iendoc.cur\! 0207 -pra_lItde
Created: ,lO/30fOOo3:06:4!PM
Revised IO/30/0003:jl:37PM
DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-7173 CNIL ACTION - LAW
KENNETH S. ACELA,
Defendant
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WlLLIAMS & OTTO on behalf of
Defendant in the above matter.
I
MARTS ON DEARDORFF WlLLIAMS & OTTO
By I~J ~e
Thomas J. Williams, Esquire
Ten East High Street I
Carlisle, P A 17013
(717) 243-3341
.,.
Attorneys for Defendant
Dated: October 30, 2000
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Bradley L. Griffie, Esquire
Bradley L. Griffie & Associates
200 North Hanover Street
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
Dated: October 30, 2000
~cIl~~I~~l_r~~~iltWtW'~kllii>~~",",~OO~..It~. ~~~
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DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
KENNETH S. ACELA,
Defendant
: NO, 2000-7173 CIVIL TERM
: IN DIVORCE
DEFENDANT'S ANSWERS TO
PLAINTIFF'S INTERROGATORIES
DIRECTED TO PLAINTIFF
TO: KENNETH S. ACELA, Defendant
c/o Thomas 1. Williams, Esquire
Enclosed are Interrogatories propounded by Plaintiff to be answered under oath by the
aforesaid Defendant, pursuant to Pa, R C. P. No. 405, within thirty (30) days from the date of
service hereof. A copy of said Answers shall be served upon counsel for Plaintiff at the address
below.
These Interrogatories shall be deemed to be continuing Interrogatories and if, between
the time of your Answers to said Interrogatories and the time of trial of this case, you or anyone
acting on your behalf learn of any further information not contained in your said Answers, you
shall promptly furnish said information to the undersigned by supplemental answers.
Unless otherwise specified, response to the following Interrogatories shall give the
requested information for the periods from January 1, 1995, to present (hereinafter
sometimes referred to as the "time period").
It is hereby certified that a true and correct copy of these Interrogatories was mailed to
counsel for the Defendant on this date by the undersigned.
Date: I / lit D i)
I
, G . fie, Esquire
ey fOf laintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
.
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Interrogatory No.1
Identify any automobile, truck, camper, mobile home, motorcycle, boat, airplane or vehicle
of any nature that you own or have an interest therein. Provide:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
ANSWER:
make, model and year;
date acquired;
the purchase price, if any;
if not purchased, its value at acquisition;
the present market value;
its present location; and
the name and address of any co-owners or interest holders.
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Interrogatory No.2
Identify and value the total household furnishings and specify any household item, furniture,
jewelry, furs, antiques, art work, collections or other items of value exceeding $500.00. Provide:
(a)
(b)
(c)
(d)
(e)
(f)
ANSWER:
description;
date acquired;
the purchase price, if any;
if not purchased, its value at acquisition;
the present market value; and
its location.
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Interrogatory No.3
If any item identified in Interrogatory Nos, i or 2 is subject to a lien or security interest,
provide:
(a)
(b)
(c)
(d)
(e)
(t)
ANSWER:
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description;
identity of the holder thereof;
any relationship between the holder and you;
the amount of the original obligation;
the amount of the present balance due; and
the amount and frequency of the payments thereon. ;
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Interrogatory No.4
,
Identify all bank, savings and loan association or cash management accounts, time deposits,
certificates of deposit, savings bonds, treasury notes, savings clubs, thrift plans, money market funds
and checking accounts in your name or in which you have, or have had an interest. Provide:
(a) the location of the account;
(b) the account number or other identifying number;
(c) the present balance therein;
(d) the register( s) for any checking account( s);
(e) name and address of each co-owner; and
(f) the identity of any custodian of a passbook, certificate, etc.
ANSWER:
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Interrogatory No. 5
Identify any safe deposit box which you have, or have had, alone or with another, and
provide the following information with regard to each such box:
(a) the name and location of the institution where the box is rented;
(b) the name or names in which it is registered;
(c) the number;
(d) the contents and the value thereof, if any;
(e) the identity of anyone who has access; and
(f) the number of times it was visited in the last three years.
ANSWER:
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Interrogatory No.6
IdentifY all shares of stock, securities, bonds, mutual funds and other investments (excluding
real estate) in which you own, or have had an interest, either individually or with another, and
provide the following information with regard to each:
(a) the description and identification of the stock, bonds, securities, fund or
investments;
(b) identity of any co-owners or interest holders;
(c) the present market value;
(d) the present location;
(e) the amount and frequency of dividends or income payable;
(f) the maturity date of any bond;
(g) whether any stock, bond, security, fund or investment is subject to any lien
or security interest; and
(h) the identity of any custodian of any certificate or evidence of such
investments,
(i) copies of any personal property tax returns which you filed in the State of
Pennsylvania or any other state for the past five years.
ANSWER:
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Interrogatory No.7
Identify all of your employers for the past five years and state your job title(s). If there is/are
a written agreement(s) or contract(s) of employment to which you are a party, even if you are self-
employed or conduct a business or profession as a sole proprietor, partner or corporation, identify
it/them and attach a copy(ies). Similarly, if there is/are an oral agreement(s) or contract(s) of
employment to which you are a party, please state and describe its/their terms.
ANSWER:
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Interrogatory No.8
For each employment identified in the previous interrogatory, please provide the following
information:
(i) The basis of your compensation;
(ii) The number of hours per week that you normally work;
(iii) Whether you receive additional compensation for overtime work and, if so,
the rate of pay received for overtime work and the average number of hours
of overtime you work per week or month;
(iv) A description of all benefits to which you are/were entitled;
(v) The inclusive dates of employment;
(vi) A list of all bonuses earned by you for each of the past four (4) years and to
date this year, including the date the bonus was paid or will be paid and the
gross and net arno~t thereof;
(vii) Whether during the past two (2) years you lost any time in the excess of two
(2) weeks from work as a result of any of the following: (state the
approximate amount oftime and salary lost for each cause):
a. Illness:
b. Absences for personal reasons other than illness (explain reasons):
(viii) The exact amount of your take-home pay for each of the past thirteen (13)
pay periods. Designate the date of the pay periods involved. Please attach
copies of your pay stubs for said pay periods;
(ix) The amount deducted from your gross salary per pay period for each of the
following:
a. Federal Income Tax;
b. State Income Tax;
c. Social Security Contribution;
d. Life Insurance;
e. Health Insurance;
f. Pension Planes);
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g. Profit-Sharing Planes);
h, Union Dues or Assessments;
1. Credit Union Payments (give details);
J. Wage Assignments (give details);
k. Charitable Contributions;
1. Savings Planes);
m. Employees Welfare Fund; and
n. Any other (specify in detail);
(x) The name and address of each bookkeeper, payroll clerk or other person who
has custody of records of salaries, commissions, bonuses, allowances,
expenses or any other sums of money paid to you by your present
employer(s) during the term of your employment
ANSWER:
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Interrogatory No.9
Do you receive, or have you received during the past five (5) years, any gift, stipend,
contribution, compensation, gratuities, benefits, services or goods from any source, business or
otherwise, for any of the following personal expenses? _, If yes, identifY the source, the dates
and amounts of payments or goods or services, the purpose of the payments or goods or services,
the name and address and the relationship to you of the provider of each payment or good or service:
A. Living accommodations, including utilities and related expenses;
B. Food, household products and sundries;
C. Automobile;
D. Clothing;
E. Recreation, entertainment (e.g. club memberships, dues, etc.);
F. Vacation or travel;
G, Medical/dental care or insurance;
H. Life insurance;
1. Other insurance;
J. Retirement or pension benefits;
K. Education;
1.. Legal fees;
M. Other (specifY).
ANSWER:
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Interrogatory No. 10
A. List all of your income, other than employment income, during the preceding five (5)
years, from whatever source derived. Your description should include the source and nature of the
income and, if a payment, reimbursement or benefit is received on a periodic basis, that period or
frequency should be stated. You must refer to the definition of the term "income" on Pages 3-4 to
adequately answer this Interrogatory.
B. Please provide your W -2's, Federal Income Tax Returns and all related schedules and
attachments for the past three (3) years.
ANSWER:
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Interrogatory No. 11
Itemize your average monthly expenses in detail including, but not limited to, rent and/or
mortgage, clothing, food, utilities, telephone, transportation and auto, medical and dental, insurance
of any nature, any loan payments, taxes and other items of any nature.
ANSWER:
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Interrogatory No. 12
Identify any and all of your liabilities or obligations of whatever nature, including a list of
credit card accounts, that you may have, and for each, please state:
A. The nature of the liability or obligation;
B. Date acquired;
C. The identity of the creditor or obligee;
D. The amount of the original liability or obligation;
E, The outstanding balance, if any;
F. The account number;
G. The amount and frequency of payments thereon.
ANSWER:
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Interrogatory No. 13
If you now own or hold from past or present employment and/or military service, or expect
to own or hold at any time within the next ten (10) years if you continue your present employment
and/or military service, any interest, whether as a beneficiary, owner, participant or otherwise in any
pension, stock purchase option, retirement, profit sharing, life insurance, deferred compensation, or
other employee or employment benefit plan or any Keogh, HR-lO, 40l(k), individual retirement
account or other benefit plan, provide the following:
A. If there is a written contract or description of such plans, attach copies of all such
documents and identifY them;
B. The specific inclusive time periods during which contributions were made to such
plan by you or by anyone else for your benefit and the specific dates and amounts of all individual
contributions;
C. If your benefits and rights in and to such plan have not entirely vested in you, the
earliest date on which they will commence to vest, the degree to which they are vested in you at this
time, and the date by which they will be completely vested in you;
D. The earliest date on which you could withdraw funds from such plan and the amount
or portion of benefits you would be entitled to withdraw at that time;
E. State the present cash value of any such plan, identifying the source of your
information, and identifY and attach copies of any documents in support thereof.
ANSWER:
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Interrogatory No. 14
List and attach copies of all life insurance policies in which you are the owner, insured,
and/or beneficiary, and for each please state:
A. The identity of the insurance company and policy number;
B. Face amount;
C. Identity of the owner, insured and beneficiary and any relationship to you;
D. Whether the beneficiary designation has been changed during the last three (3) years
and, if so, describe all such changes;
E. Annual premiums and the payor;
F. The present cash surrender value.
ANSWER:
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Interrogatory No. 15
If you have been named as a beneficiary, legatee or heir in any estate of any decedent at any
time during the past five (5) years, or if you have an expectancy to receive an inheritance or any
other assets from any estate at this time, provide the identity and date of death of the decedent and
your relationship to the decedent, the identity ofthe personal representative of the estate, the amount
of the expectancy or inheritance you have received or expect to receive; and the county and state in
which letters of administration or letters testamentary have been issued or will be issued.
ANSWER:
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Interrogatory No. 16
Identify and describe all real estate in which you have an interest and for each property state
the deed book reference, the purchase price, the mortgage book reference and amount of any
mortgages, the current market value, the identity of any and all co-owners, and the nature of the
interest each owner, including yourself, has in the property.
ANSWER:
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Interrogatory No. 17
To the extent not previously disclosed in answer to a preceding interrogatory, please list all
assets of any nature whatsoever, marital or non-marital, which are owned, possessed or controlled
by you individually or jointly with any other person(s) or entity(ies), or by another for you in trust
or for your benefit, or in which you claim to have an interest of any nature whatsoever except an
interest based solely on the marriage, at this time or at any time during the preceding five (5) years.
For each asset, please provide the date of acquisition, purchase price or acquisition value, present
cash value and the nature and amount of any debt or encumbrance.
Identify and state your relation, if any, to any person or persons who hold any of the above
assets jointly with you or share in any way in the ownership or control of those assets with you.
ANSWER:
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Interrogatory No. 18
If at any time during the five (5) years immediately preceding the filing of this action of
divorce, or at any time since the filing of this action, you have placed any gifts or assets of any
nature or type whatsoever into the possession, ownership, care, control, name, title or custody of any
other person, company or entity, provide:
A. A complete description of the items, assets of interests, including a reference to any
applicable account or certificate numbers, title numbers, policy numbers, registration
numbers, serial numbers, brand designations or the like;
B. The identity of the transferee and your relationship thereto;
C. Its value on the date of transfer and on the date of separation, stating the date of
transfer and the consideration which was received, if any; and
D. The disposition of the proceeds,
ANSWER:
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Interrogatory No. 19
If you have made formal and written application for a loan or for credit, including without
limitation an application for a credit card, from any person, company or entity during the past five
(5) years, identify the person, company or entity to whom such application or statements were
furnished or supplied, and identify and attach copies of all such financial statements or applications.
ANSWER:
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Interrogatory No. 20
A. Identify and state the nature of your relationship to all persons who were witnesses
to orhave knowledge or information of any relevant facts relating to this action, or who possess
proof or evidence of the incidents or acts involved, specifying which were eyewitnesses; which have
documents in their possession or under their control which relate to this action and which are expert
witnesses (stating their area of expertise); and which you intend to offer at trial to support specific
contentions.
B. Identify any oral or written report or appraisals rendered to you or prepared
by any such witnesses, Attach copies of any written reports so prepared or rendered.
ANSWER:
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VERIFICATION
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The foregoing Answers to Interrogatories is based upon information which has been gathered
by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not my own. I have read the document and to the extent that it is based upon information which I
have given to my counsel, it is true and correct to the best of my knowledge, information and belief.
To the extent that the content of the document is that of counsel, I have relied upon counsel in
making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Dated: November 28, 2000
F:\FILES\DA T AFILE\Gendoc.cur\l 0207 .ver.l
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Kenneth S. Acela
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Created: 12/01l0o.02:36:22PM
Revised: 12fOIl0002:36:30pM
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Answers to Interrogatories was served this date by depositing
same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Bradley L. Griffie, Esquire
Bradley L. Griffie & Associates
200 North Hanover Street
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
~~eQd~~
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: December 1, 2000
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Created: 12/11/0009:23:17AM
,Revised: 121f2/0009:47;46AM
DALE E. ACELA,
Plaintiff
v.
KENNETH S. ACELA,
Defendant
TO THE PROTHONOTARY:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7173 CNIL ACTION - LAW
IN DNORCE
PRAECIPE
Pursuant to Pa. R.C.P. 1920.21, kindly enter a Rule upon Plaintiffto file a Bill of Particulars
on the fault count of the Complaint in Divorce within 20 days after service of the Rule or non pros
sec. leg.
Date: December 11, 2000
AND NOW, this J:i ~
Plaintiff as above.
MARTS ON DEARDORFF WILLIAMS & OTTO
\J..., j.Q, c: -
, Esquire
Attorneys for Defendant
day of ~btr
, 2000, a Rule is entered upon
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Prothonotary
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Bradley L. Griffie, Esquire
Bradley L. Griffie & Associates
200 North Hanover Street
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
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cia D, Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: December II, 2000
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DALE E. ACELA,
Plaintiff/Petitioner
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
00-7173 CIVIL
KENNETH S. ACELA,
DefendantJRespondent
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this
z. (,.. day of April, 2001, following hearing, the court being
satisfied that the defendant's earning potential is in an amount in excess of$I,600.00 per month
and that any amount owed by the plaintifii'petitioner to the defendant/respondent for alimony
pendente lite is offset by a like sum owed to the plaintifii'petitioner from the
defendant/respondent on account of the support of the children of the parties, the alimony order
in this case is VACATED.
BY THE COURT,
Thomas J. Williams, Esquire
For the DefendantJRespondent
Bradley L. Griffie, Esquire
For the Plaintifii'Petitioner
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Plaintiffl'Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
KENNETH S. ACELA,
Defendant/Petitioner
NO. 00-7173 CIVILTERM
IN DIVORCE
DR# 30307
Pacses# 024102943
DEMAND FOR HEARING
DATE OF ORDER: January 29,2001
AMOUNT: $411.00 per month
FOR: Alimony Pendente Lite
REASON(S):
Incorrect calculation of Defendant/Petitioner's income; incorrect
caiiulation of Plaintiff/Resgondent's income; failure to con.ider joint
debt being paid by Plaintiff/Respondent; failure to consider Defendant/
Petitioner's indication that be has not and will not be paying the mortgage
on the former marital residence where he currently resides.
PARTY FILING DEMAND FOR HEARING:
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Date
L. riffie, Esquire
Attorney for Plaintiff/Respondent
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DALE E. ACELA,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
KENNETH S. ACELA,
Defendant,
: CIVIL ACTION - LAW
: NO. 2000-7173 CIVIL TERM
: IN DIVORCE
ANSWER TO RULE TO SHOW CAUSE
TO :FILE A BILL OF PARTICULARS
TO THE PROTHONOTARY:
AND NOW, comes Plaintiff, Dale E, Acela, and answers the Rule to Show Cause
issued upon her to file a Bill of Particulars on the fault count of indignities in the above
captioned action as follows:
1. Defendant has been physically, verbally, emotionally and mentally abusive to the
Plaintiff for an extended number of years.
2, Defendant's verbal and mental abuse has extended to the parties' minor children, who
are in fear of the Defendant.
3. Defendant has an alcohol abuse problem that he has refused to address for a number of
years, which alcohol abuse has worsened his verbal, mental, emotional and physical
abuse of the Plaintiff and her children.
4. Defendant has failed and refused to provide any financial assistance to the Plaintiff and
her children, even though he continues to reside in the parties' marital residence.
5. Defendant has failed and refused to provide financial assistance to the family for an
extended period of time, even though he has employment skills that could easily allow
him to secure employment at the rate of well in excess of$IO.OO per hour.
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6. The Defendant's conduct has created extreme stress and a tumultuous atmosphere in
the residence, which has had an extremely negative impact upon the psychologica1,
emotional and mental health of the parties' minor children, as well as the Plaintiff.
Respectfully submitted,
GRIFFIE & ASSOCIATES.
/
e, Esquire
ey for Plaintiff
00 North Hanover Street
Carfime,PAL 17013
(717) 243-5551
(800) 347-5552
'~;,
I verifY that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities,
DATE: OJ / ,).5 fa I
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DALE E. ACELA
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DALE E. ACELA,
Plaintiff/Respondent
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
KENNETH S. ACELA,
DefendantIPetitioner
NO. 00-7173 CIVIL TERM
IN DIVORCE
DR# 30,307
PacseS# 024102943
ORDER OF COURT
AND NOW, this 9th day of January, 2000, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective
counsel appear before R.J. Shaddav on Januarv 29.2001 at 10:30A.M. for a conference, at 13 N.
Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for
Alimony Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.11"
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
1-9-01 to:
Petitioner
< Respondent
Thomas Williams, Esquire
Bradley Griffie, Esquire
"'.,-. II
Date of Order: January 9, 2001
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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DALE E. ACELA,
Plaintiffi'Respondent
DR#:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-7173 CIVIL ACTION - LAW
KENNETH S. ACELA,
Defendant/Petitioner
IN DIVORCE
PETITION FOR ALIMONY PENDENT LITE.
INTERIM COUNSEL FEES AND EXPENSES
AND NOW, comes Petitioner, Kenneth S. Acela, by and through his attorneys, MARTS ON
DEARDORFF WILLIAMS & OTTO, and petitions the Court as follows:
1. Petitioner is the above named Defendant, Kenneth S. Acela, an adult individual
currently residing at 90 Parker Road, Newville, P A 17241.
2. Respondent is the above named Plaintiff, Dale E. Acela, an adult individual currently
residing at 90 Parker Road, Newville, P A 17241.
3. Petitioner's date of birth is January 4, 1954 and his Social Security Number is 269-
56-2804.
4.
46-4679,
5.
Respondent's date of birth is July 16, 1954 and her Social Security Number is 172-
The divorce action filed to the above docketed number in the Court of Common Pleas
of Cumberland Connty requests a divorce based upon Section 3301 (c) of the Divorce Code of 1980
as amended.
6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit
of the aforementioned divorce action, but is without sufficient assets or income to support himself,
pay for attorney's fees or pay for the costs and expenses associated with this action.
7. Respondent has sufficient income and earning capacity, as well as assets, to support
Petitioner or to assist in supporting Petitioner, and to pay alimony pendent lite to Petitioner, as well
as assist in paying his counsel fees, costs and expenses.
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8. Petitioner previously filed a Claim for alimony, alimony pendent lite, counsel fees
and expenses, a copy of which is attached hereto and marked as Exhibit A.
9. Petitioner and Respondent are residing in the marital residence.
WHEREFORE, Petitioner requests Your Honorable Court to enter an Order of Alimony
Pendent Lite, Interim Counsel Fees and Expenses.
MARTSON DEARDORFF WILLIAMS & OTTO
By Th2:~:i), E~i~ ---
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for DefendantIPetition
Date: December 12, 2000
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DALE E. ACELA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-7173 CIVIL ACTION - LAW
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AND NOW, comes the Defendant, Kenneth S. Acela, by and through his attom~,
MARTS ON DEARDORFF WILLIAMS & OTTO,'lihd avers as follows:
1-10. Admitted.
KENNETH S. ACELA,
Defendant
IN DIVORCE
DEFENDANT'S ANSWER WITH ECONOMIC CLAIMS FOR ALIMONY.
ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES
WHEREFORE, Defendant requests your Honorable Court to enter a divorce pursuant to
Section 3301 (c) ofthe Divorce Code.
COUNT II
INDIGNITIES
11. Paragraphs 1 through 10 are incorporated herein by reference thereto.
12. Denied.
WHEREFORE, Defendant requests your Honorable Court to enter a divorce pursuant to
Section 3301 (c) of the Divorce Code.
COUNT III
EOUlTABLE DISTRIBUTION
13. Paragraphs 1 through 12 are incorporated herein by reference thereto.
14-16, Admitted.
WHEREFORE, Defendant requests your Honorable Court to equally divide the marital assets
and debts and to enter a divorce pursuant to Section 3301 (c) ofthe Divorce Code.
EXHIBIT "A"
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DEFENDANT'S CLAIM FOR ALIMONY
UNDER SECTION 3701 OF THE DIVORCE CODE
17, Paragraphs 1 through 16 hereof are incorporated herein by reference thereto.
18.' Defendant requests your Honorable Court to allow alimony as it deems reasonable
pursuant to Section 3701 of the Pennsylvania Divorce Code.
DEFENDANT'S CLAIM FOR ALIMONY PENDENTE LITE.
COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE
19. Paragraphs 1 through 18 hereof are incorporated herein by reference thereto.
20. Defendant requests your Honorable Court to allow him alimony pendente lite,
reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code.
WHEREFORE, Defendant requests the Court to enter a Decree:
A. Dissolving the marriage between Plaintiff and Defendant;
B. Equitably distributing all property owned by the parties hereto;
C. Awarding alimony as the Court deems just and reasonable;
D. Ordering payment of alimony pendente lite, counsel fees and expenses as the
Court deems just and reasonable; and
E. For such further relief as the Court may determine equitable and just
MARTSON DEARDORFF WILLIAMS & OTTO
By 1'~UL(i~.;~,~~
Thomas J, 1 hams, EsqUIre
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Defendant
Date: November 1, 2000
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VERIFICATION
The foregoing Answer with Economic Claims is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The language of the document is that of
counsel and not my own. I have read the document and to the extent that it is based upon
information which I have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extent that the content of the document is that of counsel, I have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa, C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
~=oo', I ~y;' """j~( to orimirud """ti~. ~ti!Y~
Kenneth S. Acela
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CERTIFICATE OF SERVICE
I, Tricia D. Eckemoad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certifY that a copy of the foregoing Interrogatories was served this date by depositing same in the
Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Bradley L. Griffie, Esquire
Bradley L. Griffie & Associates
200 North Hanover Street
Carlisle, 'p A 17013
MARTSON DEARDORFF WILLIAMS & OTTO
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ia D. Eckemoad
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: November 1,2000
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VERIFICATION
I, Thomas J. Williams, Esquire, counsel for Defendant/Petitioner Kenneth S. Acela depose
and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the
foregoing pleading are true and correct to the best of my knowledge; that my client is presently
unavailable; that I am authorized to execute this Verification on his behalf, and that I will
supplement this Verification in the near future with one executed by my client.
Date: December 12, 2000
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CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certifY that a copy of the foregoing Petition was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Bradley L. Griffie, Esquire
Bradley L. Griffie & Associates
200 North Hanover Street
Carlisle, P A 17013
MARTS ON DEARDORFF WILLIAMS & OTTO
~~E. Cdf'oJ,
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: December 12,2000
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DALE E. ACELA,
Plaintifi7Respondent
: IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
KENNETH S. ACELA,
Defendant/Petitioner
: CIVIL ACTION - LAW
: NO, 2000-7173 CIVIL TERM
: PACSES NO. 024102943
DALE E. ACELA,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
vs,
KENNETH S. ACELA,
Defendant
: CIVIL ACTION - LAW
: DOCKET NO. 00101 S 2001
: PACSES NO, 250103027
BRIEF OF DALE E. ACELA
L FACTS
Dale E. Acela (hereinafter referred to as "Mother") and Kenneth S. Acela
(hereinafter referred to as "Father") are the natural parents of two children, namely,
Michael Anthony Acela, born July 24, 1987, and Alissa Jessica Acela, born May 18, 1990.
The children are in the primary physical custody of Mother. Pursuant to the parties'
Agreement and resulting Order of Court, Father only has four (4) hours per weekend with
the children.
The instant proceedings were initiated when Father initiated a request for spousal
support and child support after Mother filed a Complaint in Divorce to the above
captioned Civil Number 2000-7173. Father filed the request for spousal support and child
support even though the parties continue to resided together and MQther was paying all
bills associated with the parties' marital residence and marital debt.
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The hearing before the Domestic Relations Office Hearing Officer on these
requests was delayed to allow Father to file a Petition for Alimony Pendente Lite (APL)
through the proper channels.
At the hearing on this matter, based upon the APL request and Mother's
subsequent request for child support, an Order was entered dismissing Father's request for
child support, and offsetting Mother's request for child support against Father's request
for APL. The result, based upon the incomes and earning capacities determined by the
Hearing Officer, of applying Pennsylvania Rules of Civil Procedure Nos. 1910.l6-4(a) and
1910 . 16-4( e) is that the child support is more than offset by the APL request, resulting in
Mother owing Father the sum of $411.00 per month in APL and Mother receiving no
child support.
Mother is employed as a surgical nurse at the Carlisle Hospital and makes
approximately $1,876.80 bi-weekly gross, which, when processed through the PACSES
software system, results in a net income of $3,182.71 per month. This figure was not
disputed.
Father is self-employed, as has been the case for approximately six or seven years.
His income and earning capacity are at issue in these proceedings. Before the Court is
Father's request for APL and Mother's request for child support. Therefore, both of
those issues must be addressed.
n. LEGAL PRINCIPLES
The law in our jurisdiction is settled relative to the threshold question in an APL
case. In Clouse vs. Clouse. ---> Cumbo L. J, _ (No. 2000-1483 Civil Term), Judge
Oler affirmed the position of the Court of Common Pleas of Cumberland County relative
to a request for APL. Our jurisdiction requires a showing of need before the Court
addresses the financial calculations relative to the prospective receipt of APL. Only if the
Plaintiff can show that the APL is "warranted" do we then proceed to the calculations
under the gwidelines. See a/so Little vs. Little. 47 Cumb, L. J. 131 (1998). Thus, it is
incumbent upon the petitioning party to illustrate the "need" for the APL.
Based upon the testimony and exhibits presented at the hearing in this matter,
Father appears to take the position that he either makes less, or at least claims to make
less, than Mother and, therefore, he should receive APL. He did not present an Income
and Expense Statement, but rather, Mother's counsel, through cross-examination of
Father, presented an Expense Statement that Father had prepared in his own hand-writing,
presented as an Exhibit. A cursory review of that list of expenses makes it clear that
Father simply does not have financial need.
On Respondent's Exhibit No.8, Father lists expenses as $2,245.00 per month,
However, that includes $100.00 per month for maintenance on the home, even though he
testified he has not provided any maintenance to the home since the parties separated in
December 2000. It includes $650.00 per month for the mortgage on the residence, which
he has not paid since the parties separated. It includes $200,00 in credit card or charge
card payments, even though the undisputed testimony at the hearing was that Mother was
paying all of the marital credit card debt. It also included $50.00 per month for
entertainment, $50.00 per month for vacation, $25.00 per month for gifts, and $25.00 per
month in charitable contributions; all purely discretionary expenses. Finally, it included a
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$500.00 per month claim for legal fees without any proof of or basis for the fees. If these
itenlS recited above are eliminated from the Income and Expense StateJllent since they are
either not being paid, are unrealistic, are unnecessary, or are completely discretionary,
Father's monthly expenses total $645.00.
It is exceeding evident that Father does not have the need for APL. He failed to
prove that APL is warranted and thereby failed to meet his burden announced in Clouse.
Therefore, his request for APL must be dismissed.
If the Court deems that Father has somehow upheld his burden of showing need,
the next most important issue that needs to be addressed relates to Father's earning
capacity.
The case law in Pennsylvania is very clear in instructing the trial court on how to
determine a self-employed person's income when the self-employed person is being less
than forthright in his testimony before the Court. In Commonwealth ex reI. vs. Naselsky.
199 Pa. Super. 270, 184 A,2d 288 (1962), our Superior Court stated:
When a defendant operates a business of his own, it is frequently
difficult to determine his actual income. The court need not accept
as accurate the testimony of the defendant nor the financial record of
his accountant made from information furnished by the defendant. It
could make its own deductions from the evidence and the
accompanying circumstances. Com. Ex. reI. Crandall v. Crandall
145 Pa.Super. 359, 363 21 A,2d 236 (1941); Williams v. Williams.
175 Pa.Super. 409, 413,104 A,2d 499 (1954).
The defendant was a businessman who, the court found, was able to
accumulate substantial amounts of cash for the payment of bills. It
would serve no useful purpose to detail the evidence.
IlL 184 A,2d 288 at 289.
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In the instant case, the testimony presented by Father reflects why the lower court
in Naselsky took the position it did in that case and why the Superior Court upheld that
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decision.
The case law since the N aselsky decision clearly reflects that it is still the
appropriate procedure to follow in a case where the Defendant is not being honest in his
testimony. More particularly, in Smith vs. Smith. 285 Pa. Super. 146, 426 A,2d 1184
(1981), the Supreme Court stated:
The above principle [as set forth in Naselsky] was again affirmed in
Commonwealth v. Miller. 202 Pa. Super. 573, 198 A,2d 373 at 375
(1964),
The net income of a defendant as shown on income tax returns is
not to be accepted in a support case as the infallible test of his
earning capacity. Particularly is this true where the defendant is
in business for himself and is allowed substantial business
"expenses", items of depreciation and sundry other deductions
which enable him to live luxuriously before spending his taxable
income.
and reaffirmed in Com. ex reI. Goichman v, Goichm!!!l, 226 Pa.
Super, 311, 316 A,2d 653, at 656 (1973).
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We therefore conclude that the lower court did not abuse its
discretion in its determination of appellant's income.
Smith v. Smith. 285 Pa. Super. 146,426 A,2d at 1187.
In fact, additional cases exist appropriately citing Naselsky and Smith where the
facts were strikingly similar to the facts in the present case. In Luongo v. Luongo, 78 Del.
Cty. Rpt. 349 (1991), the Court of Common Pleas of Delaware County stated:
Based upon the foregoing testimony and authorities, the Court
determined that the Father was not a credible witness and, therefore,
could not accept his testimony regarding his current income.
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Therefore, the Court looked to the Mother's testimony to determine
the real income of the Father. Mother testified that she was the
bookkeeper for his business, that she recorded the daily and monthly
receipts on a computer program which she printed out periodically,
and that, from January 1 through August, 1990, the business netted
$50,000.00. The Court used this figure as the annual net income of
the Father, giving him the benefit of the doubt by allowing the last
quarter for taxes and other expenses which he claimed he paid in cash
and which were not reflected in the business records as well as loss
of accounts from the poor economic climate and direct contributions
alleged. The court found the Mother to be believable. For the
calendar year 1990, Mother retained personal copies of the monthly
computer printouts which she generated for the business until the
parties separated in August and she ceased working as bookkeeper.
Accordingly, her testimony and corroborating documentary evidence
were most persuasive and the Court based its findings thereon. The
$50,000.00 figure testified to by the Mother is the last credible figure
for the Father's net income and this was the amount used for the
Guidelines calculations. Francis v. Francis, 358 Pa. Super. 391, 417
A.2d 997 (1986).
Luongo v. Luongo. 78 Del. Cty, Rpt. 349 at 351 (1991).
In our case, while Mother was not the bookkeeper for Husband's business, she
thoroughly researched the issue of his actual income in preparation for trial. While
Mother obviously did not have all of Father's 1099s, billings for services or other proof of
income, she was able to accumulate enough to illustrate Father's lack offorthrightness and
honesty to the Court.
Thus, in considering the earning capacity of a self-employed person, we need to
initially look at credibility. The lack of credibility on Father's behalf in this matter is
glaring. Some of the most obvious issues concerning credibility presented to the Court are
the following:
1. The last employment Father had prior to becoming self-employed was with
H.C. Gulden Manufacturing Company. He testified under oath to making
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$8.50 per hour at that job. However, Respondent's Exhibit No, 13, which is a
pay stub from 1994 with that employer, reflects the fact that Father actually
was making $12,00 per hour. Father understated his income by one-third.
2. Father confirmed that he claimed to the Domestic Relations Office his salary in
$20,000,00 while he worked there.
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his old position with a supermarket in Ohio back in the 1980s was $17,000.00.
When confronted with this W-2 from 1984, indicating that he made $20,020.80
(Respondent's Exhibit #3), he admitted that he made between $17,000.00 and
3. Even though Father's financial information relative to his self-employed
business is on his computer and he could easily provide his background
calculations to determine his income, he provided no such information,
choosing only to provide his Schedule Cs for the years 1994 through 1999.
This failure to produce evidence limited the cross-examination that could be
presented concerning his actual income and avoided the possibility of having
those records scrutinized with the records Mother was able to locate.
4. While Father claims to have grossed a total of $11,000.00 in the year 2000, he
brought no evidence of this, Through Father's testimony on cross-examination
and Respondent's exhibits, the following limited income from the limited
sources was shown:
(a) E. C. Snyder - $3,900.00
(b) Dr. Stoken - $3,700,00
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(c) Diana Davidson - $1,300.00
(d) "A Shield" for an unnamed party - $2,500.00
These four jobs alone total $11,400.00. Father disclosed, though, that he
had more sources of income than the four he identified. One can only
imagine how much he made when we know the $3,900.00 payment was
received for December 2000, alone.
5. Similarly, in 1999, although there is, again, no suggestion that Mother was able
to document all of Father's incomes for that year, several exhibits and the
testimony of Father did evidence the following income from the following
sources:
(a) Saxe Woodworking - $2,200.00
(b) Franklin Mint - $8,600.00
(c) Big Spring Terrace - $2,540.00
(d) Dr. Stoken - $3,000.00 (appx)
(e) State Employment - $1,700.00
The five sources of income total $18,040.00. Even though Father admits to
having a variety of other work and income beyond these five sources that
Mother was able to identifY through cross-examination, which total
$18,000.00, he only claimed a total gross income of $20,475.00 for the entire
year. Once again, Husband failed to bring his documentation that could have
been examined and scrutinized to determine his true income.
6. The next year for which Mother was able to locate evidence or documentation
as to what Father received in income was 1996, As Exhibit 6 reflects, Father
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received $11,810.65 from Dr. Stoken in that year and he testified he received a
$2,100,00 payment for some cabinets he had made. That totals nearly
$14,000.00 from just two sources. Yet, after confirming he had other sources
of income, on his 1996 Schedule C he claims gross income of $15,566.00.
Obviously, the various other sources of income that he had for that year would
increase his gross income for that year dramatically over the amount that he
claimed on his taxes. It is interesting to examine Exhibit number 6 in particular
where we find that although Dr. Stoken was a major source of income for
Father in 1996, there was little or no payment received from Dr, Stoken for the
first four months of the year. In addition, the payments from Dr, Stoken in
August and September were extremely sparce. So, at least part of the year,
and maybe as much as half of the year, Father was not performing substantial
work for Dr, Stoken and based upon the evidence and testimony presented,
there is every reason to believe that he was performing work for others.
7. It is unrefuted that Father received $3,900,00 in December, 2000, and
$1,000.00 in January, 2001, for a total of nearly $5,000.00 in a two-month
period, during which he literally paid no marital bills or bills associated with his
own housing. When Mother left the residence at the end of December, all bills
were paid up-to-date. Despite receiving this $5,000,00 and residing alone in
the marital residence for January, February and March, the mortgage on the
home in the amount of $650.00 that Father claims as an expense has not been
paid. In fact, there was no suggestion that the $5,000.00 was used to pay
anything other than routine day-to-day expenses for food, clothing, utilities and
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gasoline for his automobile, which, according to Father's expense statement,
only totals around $650.00. One can only presume he used these funds for his
karate, his YMCA participation and similar personal entertainment.
8. Father attempted to claim in direct examination that he had some type of
substantial responsibility for care for the children. In fact, we find that
throughout the parties' marriage, Mother used a child care provider for the
children. We find that even though Father had karate class immediately after
his daughter's karate class, he did not even transport his daughter to the class,
but rather she went with third parties who took her to the class and brought
her home afterwards. Despite his claim of closeness to the children and having
provided primary or substantial care for the children, we find that he only has
visitation with the children four hours per week, based upon his own desires,
and his acceptance of this arrangement as being satisfactory.
Father was so blatant in his untruthful answers, his lack of disclosure and lack of
credibility that the Court simply must be bound by the evidence and testimony presented
by Mother. Father's testimony is simply not credible. The Court must determine his
income and earning capacity to be well in excess of his "claimed" income.
When this is combined with the unrefuted testimony from Motaer that Father
chose to work approximately 20 hours per week, spending his afternoons and evenings at
the YMCA, in karate class, and in other extracurricular activities, we know that Father's
Schedule Cs that he presented as his Exhibit ''A:' do little or nothing to actually describe
his earning capacity, or even his real income.
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Because of the manner in which Father attempted to present this fabricated
information to tile Court, the Court is bound to make its own determination of Father's
income. Again, the unrefuted testimony from Mother was that Father advised her he was
billing at approximately $30.00 to $35.00 per hour for his work, that he would not work
for anyone for less than $30.00 to $35.00 per hour, and that he did not intend on ever
working full~time. If Father did work full-time and charge $30.00 per hour, which appears
to be a reasonable figure based upon his statements of his worth, the very exquisite work
that he performs as evidenced by his web cite, and his and his Mother's confirmation that
he has plenty of business, this suggests that he should gross $1,200,00 per week, or gross
income in excess of $60,000.00 per annum. This puts him on par with Mother's income
or actually exceeds her income and earning capacity.
Further, Father continues to reside in the marital residence. The Pennsylvania
Rules of Civil Procedure and the support or APL guidelines are based upon various
presumptions. One specific presumption is that the party who remains in the marital
residence is assumed to be solely responsible for the mortgage payment, real estate taxes,
and homeowners insurance on the property. Pa.R.C.P. No. 1910,16-6(e) Since we know
that Father received at least $5,000.00 in income that he had available to him over the past
three months to pay for the mortgage and has made no payments on the mortgage (see
foreclosure notice, Respondent's Exhibit No. 14), this is an additional reason that the APL
request should be denied.
Finally, as all of the testimony and evidence showed, Mother alone is maintaining
the substantial unsecured marital debt with no contribution from Father. If the Court even
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considers awarding any APL to Father, it should be reduced to reflect Mother's payment
of this debt.
m. CONCLUSION
Thus, in the instant case, Father, who has requested APL, has failed to meet his
burden in showing the need to receive APL as required by the law of the jurisdiction.
More importantly, Mother has custody of the parties' two children and Father, at his
request, has severely limited contact with the children, thus, avoiding even the most
minimal expenses associated with partial custody of the children that our support Rules
,
use as an assumption in establishing the support guidelines. Mother has the responsibility
for a much greater percentage of the children's routine expenses! than the support
guidelines assume,
Father has exceptional employment skills, but chooses to J4nit his income by
working part-time. In fact, this was a major point of contention that resulted in the
parties' separation and the filing of a divorce action. His employable skills, his value of his
work as claimed by him, suggests that his gross income would exceed $60,000.00. Even
to place him at an income of $45,000.00 would give him the benefit of the doubt relative
to claims that he cannot have a greater income for whatever reasons.
Therefore, it is respectfully suggested that the APL request be denied based upon
Father's failure to show need and the determination that Father's earning capacity is
$45,000.00 per annum. It is respectfully suggested that the appropriate way to proceed
thereafter is simply to offset the parties' income as such and deny any request for APL.
The incomes of the parties at $45,000,00 should then be processed through the support
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calculations provided by the Pennsylvania Rules of Civil Procedure providing for an
appropriate amount of child support to be paid from Father to Mother for the parties' two
children. '
Respectfully submitted,
elATES
L. . e, Esquire
omeyor Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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DR 30307
PACSES In 024102943
DALE E. ACELA,
Plaintiff/Respondent
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: CIVIL ACTION - LAW
KENNETH S. ACELA,
Defendant/Petitioner
: NO. 00-7173 CIVIL TERM
ORDER OF COURT
AND NOW, this 29th day of January, 2001, based upon the Court's determination that
Petitioner's montWy net income/earning capacity is $1,176.77 per month and Respondent's monthly
net income/earning capacity is $3,182.71 per month, it is hereby Ordered that the Respondent pay to
the Pennsylvania State Collection and Disbursement Unit, $411.00 a month payable bi-weekly as
follows; $189.69 bi-weekly for alimony pendente lite and $0.00 on arrears. First payment due on
Respondents next pay date, Arrears set at $822.00 as of January 29,2001. The effective date of the
order is December 20, 2000.
This order is based upon the Rille 1910.16-4( e) withwife having ther care and custody of the
parties' two minor children.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C,S,~ 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and its discretion make an appropriate Order, including,
but not limited to, commitment of the Respondent to prison for a period not to exceed six months,
Said money to be turned over by the P A SCDU to: Kenneth S. Acela. Payments must be
made by check or money order. All checks and money orders must be made payable to P A SCDU
and mailed to:
PASCDU
P,O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's P ACSES Member Number or Social Security Number in
order to be processed. Do not send cash by maiL '
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