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99-00879
I? . h ? I .J o? 'IQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .4 PENNA. k .mss DENNIS M. BERDANIER Plaintiff VERSUS RANDA J. TODD Defendant Np, 99 - 879 DECREE IN DIVORCE cQ9Pm, AND NOW+ IT IS ORDERED AND DECREED THAT DBERDANIER PLAINTIFF, AND RANDA J. TODD DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; PROTHONOTARY slis-/o? &/- 6''Palo a ?? s 1 DENNIS M. BERDANIER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 879 CIVIL RANDA J. TODD, Defendant IN DIVORCE ORDER OF COURT ryry /'l AND NOW, this OL? day of 2000, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on August 23, 2000, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: Hubert X. Gilroy Attorney for Plaintiff /lAI-) Geor e E. Hoffer, .J. CP,j, 41 - LeRoy Smigel and Ann V. Levin Attorneys for Defendant R?s DENNIS M. BERDANIER, Plaintiff VS. RANDA J. TODD, Defendant THE MASTER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 CIVIL IN DIVORCE Today is Wednesday, August 23, 2000. This is the date set for a conference with counsel and the parties. The conference was scheduled to discuss and hopefully resolve the economic issues which were addressed at the pre-hearing conference on June 19, 2000. Present in the hearing room are the Plaintiff, Dennis M. Berdanier, and his counsel Hubert X. Gilroy, and the Defendant, Randa J. Todd, and her counsel LeRoy Smigel and Ann V. Levin. This action was commenced by the filing of a divorce complaint on February 16, 1999. The divorce complaint raised grounds for divorce of irretrievable breakdown of the marriage; the complaint did not raise any economic issues. On January 10, 2000, a petition was filed raising a claim for equitable distribution, on February 11, 2000, wife filed a counterclaim raising the economic claims of alimony, alimony pendente lite, and counsel fees and expenses. With respect to the grounds for divorce, although an affidavit under Section 3301(d) was filed, counsel c a- have provided the Master with signed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be filed by the Master's office with the Prothonotary. The parties were married on June 16, 1984, and separated August 1988. They are the natural parents of one child who is a senior in high school. The child currently resides with wife. The Master has been advised that an agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. When the parties leave the hearing room today they will be bound by the terms of the agreement even though there is no signing of the document affirming the terms of settlement as stated on the record. The agreement will be transcribed and a draft will be provided to counsel to review for correction of typographical errors. After the errors are corrected, if any, the parties will be asked to sign the agreement to affirm the terms of settlement that are stated on the record today. i The Master has been advised that he should hold the agreement until the terms of settlement have been completed, specifically the terms dealing with the payment of money to wife and the transfer of the deed. Upon notification by counsel that the agreement has been completed, the Master will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Gilroy. MR. GILROY: 1. Wife will execute a deed conveying the marital real estate at 421 South Enola Drive, Enola, Pennsylvania, to the husband. This deed will be executed and delivered in conjunction with the monetary payment required by husband as set forth in paragraph two. 2. Husband shall pay to wife the sum of $55,000.00 within sixty (60) days of today's date. 3. Both parties waive any claims they may have to any retirement or pension benefits held by the other party and both parties will execute any documents necessary to effectuate the waiver of those claims. 4. Husband shall pay to wife alimony in the amount of $500.00 per month effective as of the date of the entry of the divorce decree. The spousal support is also effective as of today's date at $500.00 per month. The alimony is modifiable subject to applicable rules and laws of the Commonwealth of Pennsylvania and is terminable upon the co-habitation of wife, death of either party, or remarriage of wife. 5. Husband shall name the minor child Todd as the irrevocable beneficiary of any life insurance policy or policies which he may have incident to his employment, this would include any insurance policy that he may have incident to his retirement from said employment. The coverage shall remain in effect until he no longer has the coverage incident to his employment or until the expiration of his obligation to pay alimony to wife, whichever shall occur first. 6. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this agreement, the other party shall have the right at his or her election to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 7. Each party shall be responsible for his or her own counsel fees and shall waive the request for payment to be made by the other. 8. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this agreement. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. GILROY: Mr. Berdanier, you were here and consulted with me prior to us putting this information on the record and you were present to hear everything that I and attorney Smigel and the Master put on the record; is that correct? MR. BERDANIER: Yes, I did. MR. GILROY: And are you satisfied that you have all of the information necessary to make a decision on this case? MR. BERDANIER: Yes. MR. GILROY: And you agree with all of the terms and do you agree to abide by the provisions as set forth in the settlement agreement? MR. BERDANIER: Yes. MR. SMIGEL: Randa, you've heard the stipulation as we have recited it here today, do you understand it? MS. TODD: Yes. MR. SMIGEL: And do you agree with those terms? MS. TODD: Yes. MR. SMIGEL: And do you agree that you will be bound by those terms as we have stated them here on the record? MS. TODD: Yes. I acknowledge that I have read the above stipulation f and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and i affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and ?. 1 procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Hubert X Gilroy Attorne for Plaintiff DATE: i Dennis M. Berdanier Randa J. Todd / Attorneys for Defendant LeR y Smigel and Ann V. Levin DENNIS M. BERDANIER, Plaintiff v RANDA J. TODD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 879 CIVIL CIVIL ACTION - LAW PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section (x)3301(c) ()3301(d)(I) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: By First Class Mail on March 15, 1999 to Attorney Ann V. Levin, attorney for Randa J. Todd. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: December 7, 2000; Defendant: February 14, 2001. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code:_; (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None. 5. Complete either (a) (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 Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 18, 2000. (c) Date Defendant's Waiver of Notice in §3302(c) Divorce was tiled with the Prothonotary: February 23, 2001. ubert X. Gilroy, Esquire Atto ey for Plaintiff Broujos & Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 DENNIS M. BERDANIER, Plaintiff v RANDA J. TODD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION -LAW : NO. 99 - 5 79 CIVIL : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 DENNIS M. BERDANIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW RANDA J. TODD, NO. 9-9- 5 7`1 CIVIL Defendant IN DIVORCE COMPLAINT Plaintiff, Dennis M. Berdanier, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: Plaintiff, Dennis M. Berdanier, is an adult individual residing at 421 South Enola Drive, Enola, Cumberland County, Pennsylvania. 2 Defendant, Randa J. Todd, is an adult individual residing at 211 Clay Street, West Fairview, Cumberland County, Pennsylvania. 3 The parties were married on June 16, 1984, in Enola, Pennsylvania. 4 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 5 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least six months prior to the commencement of this action. 6 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 The Plaintiff requests the Court to enter a decree in divorce. 9 The parties have been separated for at least 2 years and Plaintiff has filed an Affidavit pursuant to Section 3301 (d) of the Divorce Code which Affidavit is attached to this Divorce Complaint. WHEREFORE, the Plaintiff requests your Honorable Court to decree divorcing him from the Defendant. BROUJOS & GILROY, P.C. By Attorney for Plai iff 4 North Hanov Street Carlisle, PA 17013 717 - 243-4574 DENNIS M. BERDANIER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW RANDA ). TODD, Defendant NO. 98. P? '7 CIVIL : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a Counter- Affidavit within 20 days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on or about July of 1987. The marriage is irretrievably broken. understznd that I may loose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. verify that the statements made in this 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 Dennis M. Berdanier Plaintiff I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. I Dennis Berdanier 1ti q 1 ? a cc; F-- ? F- LU _r.l n ? ci J a ? ?a ? M DENNIS M. BERDANIER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 99- 879 CIVIL RANDA J. TODD, CIVIL ACTION -LAW Defendant AFFIDAVIT OF SERVICE 1, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea tiled in the above referenced matter was served on Ann V. Levin, Esquire, attorney for Defendant Randa J. Todd on or about March 18, 1999. A copy of the Acceptance of Service is attached hereto and marked Exhibit A. q(4/e( ??w DATE Hubert X. Gilroy, Es ire Attorney for Plainti Broujos & Gilroy, C. 4 North Hanover Street Carlisle, PA 17013 717-243-4574 Sworn and subscribed before me this day of '2001 - -- ?_J Notary P blitY c ' Notarial Seal Bridget Ann Corcoran, Notary Public Cadislo Bore. Cumberland County I My Commission Expires June 10, 2002 . LL 1....., ?.Ztl DENNIS M. BERDANIER, PLAINTIFF V. RANDA J. TODD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Ann V. Levin, counsel for Defendant, accept service of the Divorce Complaint on behalf of Defendant and certify that I am authorized to do so. I/ zz CSC / V Date: An V. Levin, Esquire 3301(c).not DENNIS M. BERDANIER, Plaintiff v RANDA J. TODD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 879 CIVIL CIVIL ACTION - LAW AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on February 16, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about March 15, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this 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 unworn falsification to authorities. / c Date: I '07' Dennis M. Berdanier / Plaintiff 3301(c).wt DENNIS M. BERDANIER, Plaintiff v RANDA J. TODD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 879 CIVIL CIVIL ACTION - LAW DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I . A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on February 16, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about March 15, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fiom the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this 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 unswom falsification to authorities. Date: ;yz"1/JI& '/ l - Randa J. Todd / De ndant SMIGFL, ANDFRSON & SACKS ATTORNEYS AT LAW LEROY SMIGEL 2917 NORTH FRONT STREET C. LEE ANDERSON HARRISBURG, PENNSYLVANIA 17110-1260 STUART S. SACKS (7171234-2401 JOHN W. FROMMER JOSEPH S. WAMICO ANN V. LEVIN HEATHER D. ROYER ERIC M. MORRISON JUNE C. LEE November 20, 2000 E. Robert Elicker, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Berdanier v. Todd Dear Mr. Elicker: FAX (7171234-3611 FILE NO. 4192-1-4 Email: Ismigcl@sasllp,com We have received a copy of Mr. Gilroy's letter to you dated November 14, 2000. This letter is sent in response to the request from your office that we confirm the information contained in his letter. We are in agreement that the divorce may now be finalized and have no objection to you vacating your appointment. Please call if you have questions or need further information. Sincerely,, er / S/V-",? LeRoy Smigel LRS:vlf cc: Hubert X. Gilroy, Esquire Ms. Randa Todd BROUJOS & GILROY, r. c. ATTORNEYS AT LAW JOHN H. BROUJOS HUBERT X. GILROY 4 NORTH HANOVER STREET TELEPHONE: (717) 243-4574 CARLISLE, PENNSYLVANIA 17013 FACSIMILE: (717) 243-8227 INTERNET: brgilroypc®ao1.com NON-TOLL TOR HARRISBURG AREA 717-766-1690 November 14, 2000 E. Robert Elicker Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Berdanier v Todd Dear Bob: The terms of the settlement agreement issued in the above platter have been fulfilled. We now want to proceed with finalizing the divorce. Kindly file a motion to vacate your appointment and let me know when that is filed so that we can proceed with finalizing the divorce. If you have any questions, please call. Sincerely yours, ert X. Gilroy be cc: LeRoy Smigel, Esquire DENNIS M. BERDANIER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 99 - 879 CIVIL 19 RANDA J. TODD, Defendant IN DIVORCE STATUS SHEET DATE: ACTIVITIES: 10/8/99 I IVNIM (LOTTTT wm.,,, m \ +?.na n? tV VV VIVACGL. j ? X1 ' (• 1 t Q Q 1 /? //li ? 11 ? C: _ ? 'j ?1 Z 3 f 7?r? a-. nc.t < -,.! . ?!?t a vZ?c vtl-t 7 u c r c?Zi I.= SMIGET,, ANDERSON & SACKS ATTORNEYS AT LAW LEROY SMIGEL 2917 NORTH FRONT STREET C. LEE ANDERSON FAX 1717) 234.3611 STUART S. SACKS HARRISBURG, PENNSYLVANIA 17110-1260 JOHN W. FROMMER 17171 234.2401 FILE NO. JOSEPH B. D'AMICO 4192-1-4 ANN V. LEVIN HEATHER D. ROYER ERIC M. MORRISON JUNE C. LEE September 20, 2000 E. Robert Elicker Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Berdanier v. Todd No. 99 - 879 Dear Mr. Elicker: Enclosed please find a fully-executed copy of the agreement in the above-referenced matter. By copy of this letter to Attorney Gilroy, I am providing him with the signed agreement as well. Thank you for your assistance in this matter. Very truly yours, / V YGyL iX `C ?G•? Ann V. Levin AVL/kld Encl. cc: Hubert Gilroy, Esq. (w/encl.) Randa J. Todd (w/encl) 4,fh OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 i,. Robert Elicker, 11 Divorce Master Trace Jo Colyer Office Manager/Reporter January 4, 2000 Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 West Shore 697-0371 Ext. 6535 LeRoy Smigel, Esquire Ann V. Levin, Attorney at Law SMIGEL, ANDERSON & SACKS 2917 North Front Street Harrisburg, PA 17110 RE: Dennis M. Berdanier vs No. 99 - 879 Civil In Divorce Randa J. Todd Dear Mr. Gilroy, Mr. Smigel and Ms. Levin: I have received the certification documents from counsel regarding discovery. In looking over the file, however, I failed to see either party raising any economic issues. I am prepared to issue a directive for pretrial statements to be filed within a couple of months but I will not do so until economic issues are pending before me. The reason for issuing a directive, assuming economic issues are raised, for more than our usual time period, is to allow counsel to complete the interrogatories which are going to be apparently propounded to the Plainitiff. Please advise when economic issues are raised and I will proceed with a directive. Very truly yours, E. Robert Elicker, II Divorce Master DENNIS M. BERDANIER, Plaintiff VS. RANDA J. TODD, Defendant TO: Hubert X. Gilroy Attorney for Plaintiff LeRoy Smigel and Ann V. Levin Attorneys for Defendant DATE: Friday, October 8, 1999 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. .. P: u;e'.Si.txxr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 CIVIL IN DIVORCE (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. TE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. * NO ECONOMIC CLAIMS HAVE BEEN RAISED . 4 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 West Shore 697-0371 Ext. 6535 LeRoy Smigel, Esquire Ann V. Levin, Attorney at Law SMIGEL, ANDERSON & SACKS 2917 North Front Street Harrisburg, PA 17110 RE: Dennis M. Berdanier vs. Randa J. Todd No. 99 - 879 Civil In Divorce Dear Mr. Gilroy, Mr. Smigel and Ms. Levin: Mr. Gilroy has forwarded to me a copy of a petition raising the economic issue of equitable distribution. Consequently, I am now in a position to proceed with a directive for the filing of pretrial statements. As I previously indicated, I will allow counsel some additional time to complete the interrogatories and answers which apparently are going to be propounded to the Plaintiff. In accordance with P.R.C.P. 1920.33(b) I am directing :.::h counsel to file a pretrial statement on or before Friday, February 11, 2000. Upon receipt of the pretrial statements, I will immediately schedule a prehearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, January 7, 2000 E. Robert Elicker, II Divorce Master A Mr. Gilroy, Mr. Smigel and Ms. Levin, Attorneys at Law 7 January 2000 Page 2 NOTE: Sanctions for failure to file pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. DENNIS M. BERDANIER, Plaintiff VS. RANDA J. TODD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 879 Civil IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Hubert X. Gilroy LeRoy Smigel and Ann V. Levin , Counsel for Plaintiff , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 19th day of June, 2000, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/17/00 E. Robert Elicker, II Divorce Master DENNIS M. BERDANIER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 879 CIVIL RANDA J. TODD, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, June 19, 2000 Present for the Plaintiff, Dennis M. Berdanier, is attorney Hubert X. Gilroy, and present for the Defendant, Randa J. Todd, are attorneys LeRoy Smigel and Ann V. Levin. The parties were married on June 16, 1984, and according to the 3301(d) affidavit filed on February 16, 1999, the parties separated July 1997. Counsel for wife have indicated that there may be some issue with the date of separation but we will not, at this point, schedule a separate hearing on date of separation issues. The parties are the natural parents of one child, Todd, born February 26, 1983, who presently is living with the mother. According to counsel for wife, there had been a discussion at the Domestic Relations office, when wife filed a claim for spousal and child support, that she would accept a lesser amount of money from husband, for support for herself and the child, if husband would agree to pay for and engage in counseling with the son. Mr. Gilroy was unable to comment as to whether or not that has occurred; however, Mr. Smigel has indicated that he does not believe that the counseling has gone forward as expected. The parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. By petition filed on January 10, 2000, a claim was raised for equitable distribution. The Defendant filed a counterclaim on February 11, 2000, raising the economic claims of alimony, alimony pendente lite, and counsel fees and expenses. The assets that are subject to equitable distribution are husband's pension, real estate where husband is living which is the marital home at 421 South Enola Drive, Enola, Pennsylvania, perhaps some items of tangible personal property, a thrift savings plan, Conrail stock, and some antiques. Wife is currently on social security disability and will lose the benefit of husband's medical insurance upon the entry of a divorce decrees. Although she will be able to get coverage through social security disability, she will lose her prescription contribution from the private insurance of husband. Consequently, counsel are going to inquire about the possibility of wife having COBRA benefits through husband's employer and the cost of those benefits. In order to prepare this case for a settlement conference, counsel are going to place on the record what they intend to do to prepare for that conference so we can bring the parties in and try to work out the case without having to go through a hearing. There does not seem to be any dispute that wife is disabled and her income is limited based on the payment that she receives from social security disability. Husband is currently paying wife spousal support. The Master has indicated that this case is likely to result in a recommendation for payment by husband to wife of alimony. Mr. Smigel, would you note on the record what you will do to prepare for the conference. MR. SMIGEL: We will obtain an appraisal on the marital residence and we will, upon receipt of the social security disability information, investigate the impact of any award of equitable distribution or alimony on those payments. THE MASTER: Are you also going to do an interest factor computation on the pension to bring that up to date? MR. SMIGEL: Yes. Thank you. THE MASTER: And I believe you were going to talk to your client about the personalty to see if there is anything in the house that she wants or if there are any particular valuable items, like, antiques that she needs to have appraised; is that correct? MR. SMIGEL: Yes. THE MASTER: Mr. Gilroy, what, if anything, do you plan to do to facilitate the discussion toward settlement in preparation for the conference? MR. GILROY: We will need to look at an updated appraisal from our expert, because that appraisal is dated July of 1999. We will also try to determine what the COBRA benefit cost will be for the wife upon entry of a divorce decree. We will try to clarify this date of separation issue and we will also investigate the change in custody, which I am not familiar with. THE MASTER: Will you be able to have your client pre-approved for refinancing the house so that we would know that that is a reasonable way to approach settlement? MR. GILROY: Yes. A conference is scheduled with counsel and the parties for Wednesday, August 23, 2000, at 1:30 p.m. Notices will be sent to counsel and parties. The address we have for husband is 921 South Enola Drive, Enola, Pennsylvania, and the address we have for wife is 211 Clay Street, West Fairview, Pennsylvania 17025. E. Robert Elicker, II Divorce Master cc; Hubert X. Gilroy Attorney for Plaintiff LeRoy Smigel and Ann V. Levin Attorneys for Defendant i j. i4 OFFICE OF DIVORCE MASTER CUMBERLAND COLINIY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert Elicker, 11 Divorce Master Trace Jo Colyer Office Manager/Raporter West Shore 697-0371 Ext. 6535 August 24, 2000 Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 LeRoy Smigel, Esquire Ann V. Levin, Attorney at Law SMIGEL, ANDERSON & SACKS 2917 North Front Street Harrisburg, PA 17110 RE: Dennis M. Berdanier vs. Randa J. Todd No. 99 - 879 Civil In Divorce Dear Mr. Gilroy, Mr. Smigel, and Ms. Levin: Enclosed is a draft of the agreement which you put on the record on August 23, 2000. Please review the draft for any corrections with the understanding that no substantive changes can be made. When you have reviewed the draft give us a call and let us know if you want us to send the original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document, I will hold the agreement pending counsels' authorization to prepare an order vacating my appointment. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master 4192-1-9/Acceptance of ScrVicn/AVI,/k1A/March 1.1, 19„ DENNIS M. BERDANIER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 879 RANDA J. TODD, DEFENDANT CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, Ann V. Levin, counsel for Defendant, accept service of the Divorce Complaint on behalf of Defendant and certify that I am i authorized to do so. l Date: An V. Levin, Esquire 0 i.?:' t C .J ? ? = Ci 1 C,J Growth on the Marital Portion of Husband's Thrift Savings Plan Valuation Date Value Rate of Return May 16, 1988 $2,133 + $443.86 = $2,581.36 78% 5 May 16, 1989 2,730.56 , 5 78% May 16, 1990 2,888 39 . 5 78% May 16, 1991 3,055.34 . 5 78% May 16, 1992 3,231.94 . 5 78% May 16, 1993 3,418.74 . 5 78% May 16, 1994 3,616.35 . 5 78% May 16, 1995 3,825.37 . 5 78% May 16, 1996 4,046.48 . 5 78% May 16, 1997 4,280.36 . 5 78% May 16, 1998 4,527.77 , 5 78% May 16, 1999 4,789.47 . 78% 5 May 16, 2000 5 066 30 . 5 78% , . , DENNIS M. BERDANIER, Plaintiff vs. RANDA J. TODD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 879 Civil IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Hubert X. Gilroy Dennis M. Berdanier Counsel for Plaintiff Plaintiff LeRoy Smigel and Ann V. Levin , Counsel for Defendant Randa J. Todd Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 23rd day of August, 2000, at 1:30 p.m., with counsel and the parties to discuss tie outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II June 19, 2000 Divorce Master IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENNIS M. BERDANII'R Plaintiff VS. RANDA J. TODD Hubert X. Gilroy, NO. 99 - 879 . MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: ( X) Di vorce ( ) A (X ) Distribution of Property nnulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as appointment of a master is requested. (2) The defendant (has) (has (by his attorney, LeRoy Smigel to the claims(s) for which the not) appeared in the action (personally) ,Esquire). W) The staturory ground(s) for divorce (is) (are) -Fault (4) Delete the inap plicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: None claims: (c) The action is contes (5) The action or fact. respect to the not involve) complex issues of law (6) The hearing is expected to take 1/2 M RI) (days). (7) Additional information, if any. relevant to the motion: Date: 'G 1 ORDER APPOI AND NOW i 1 ,19 is appointed ster with respect to the r 9 By the Court: (l-or,) GEc, !o C l-(Ur-r-f ?', (?• J C'I rel..,^. -• p?r_! ;:,;11:1,` T t.: LO F vi i Cn ?-? Cis CJ 4192-1-4/Counter-Affidavit/AVI,/kld/March 1.1, 1999 DENNIS M. BERDANIER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 879 RANDA J. TODD, DEFENDANT CIVIL ACTION - DIVORCE COUNTER-AFFIDAVIT UNDER 9 3301(d) OF THE DIVORCE CQDE 1. Check either (a) or (b): X (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if. I do no-- claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit 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: RANDA J. TODD, DEFENDANT! NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE A14Y CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. - 2 - F- c ur G c, C? BROUJOS & GILROY, r. c. ATTORNEYS AT LAW JOHN H. BROUIOs HUBERT X. GILROY Y E. Robert Elicker, Il, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 October 13, 1999 Re: Berdanier v Todd/No. 99-879 Dear Bob: TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 INTERNET: brgilroypc®aoLcom NON-TOLL FOR HARRISBURG AREA 717-766-1690 I certify that, to the best of my knowledge, discovery in the above captioned case is complete. My belief is that the only asset is a marital home owned by the parties. The parties have been separated since 1987. By a copy of this letter to Attorney Smigel, I am asking Lee to also state his position on these issues so you can proceed with directing the filing of pre-trial statements and scheduling this case for a hearing. Sincerely yours, dch 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 Hubert X. Gilroy cc: Dennis Berdanier LeRoy Smigel, Esquire SMIGEL, ANDPLRSON & SACKS ATTORNEYS AT LAW LEROY SMIGEL 2917 NORTH FRONT STREET C. LEE ANDERSON HARRISBURG, PENNSYLVANIA 17110-1260 STUART S. SACKS JOHN W. FROMMER 17171234-2!401 JOSEPH B. D'AMICO ANN V. LEVIN HEATHER D. ROYER ERIC M. MORRISON October 25, 1999 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Berdanier v. Todd No. 99-879 Dear Mr. Elicker: Enclosed please find Defendant's Certification regarding discovery in the above- referenced divorce action. Very truly yours, Ann V. Levin AVL/kld Encl. FAX 17171234-3611 FILE NO. 4192-1-4 cc: Hubert X. Gilroy, Esq. (w/encl.) Randa J. Todd (w/encl.) JOAN H. BROUIOS HUEERT X. CILROY BROUJOS & GILROY, r. c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 October 27, 1999 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Berdanier v Todd/No . 99-879 Dear Bob: TRLErI]ONE: (717) 243.4574 17ACSIMILE: (717) 243.8227 INITRNCr: b rgiIroypc®aol.com NON-TOLL POR HARRISBURG AREA 717-766-1690 The divorce complaint was filed in the above case on February 16, 1999. Defendant's counsel formally accepted service on March 18, 1999. In past seven months, Defendant's counsel has not requested any specific information from me. No requests for discovery, either formal or informal, have been filed. The parties have been separated since 1987 and we believe the only marital asset is a home owned by the parties. I commissioned an appraisal of the home and provided that to the Defendant. The Defendant is presently receiving spousal support. Defendant's counsel has filed a certification on discovery suggesting that Interrogatories are not complete and that they may even need to take a deposition. Defendant's counsel has suggested 90 days to accomplish this work. There is no reason to delay the filing of a pre-trial statement or delay the scheduling of a conference to move this case along. We believe the Defendant is merely dragging her feet to continue receiving the spousal support. E. Robert Elicker, II, Esquire October 27, 1999 Page 2 If the Defendant has legitimate requests for discovery, they can provide those to me in letter form and we will promptly respond. However, in light of the delay of the Defendant to date in filing any requests for discovery, we urge you to proceed with the normal procedures to have this matter scheduled for a hearing before you. Sincerely yours, 14 ert X. Gilroy dch cc: Ann V. Levin, Esquire Dennis Berdanier i Ir JOHN H. BROUIos HUBERT X. GILROY BROUJOS & GILROY, r. c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 January 6, 2000 E. Robert Elicker Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Berdanier v Todd Dear Bob: TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 INTERNET:brgilroypc@aol.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 filed the enclosed with the Prothonotary so economic issues are formally raised. I wrote to you on October 27, 1999 giving you some history on this case. A copy of that letter is enclosed. It has been approximately two and half months since the Defendant's counsel suggested that they needed to file Interrogatories. Interrogatories have not been filed. My analysis that the Defendant is doing nothing but trying to delay this case appears to be supported by the record. Would you please get this case moving by directing the filing of pre-trial statements. I ask that you give us the usual timeframe to file these pre-trial statements. The Plaintiff should not be punished for the deliberate delay of the Defendant. Defendant's counsel has had ample opportunity to file Interrogatories since they filed their October 251, certification on discovery. dch Enclosures cc: Dennis M. Berdanier Ann V. Levin, Esquire Sincerely yours, Hubert X. Gilroy JOHN H. BROUIO3 HUBERT X. GILROY BROUJOS & GILROY, P.C. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717)243.8227 INTERNET: brgilroypcoaol.com NON-TOLL POR HARRISBURG AREA 717.766-1690 i Curtis R. Long Prothonotary One Courthouse Square Carlisle, PA 17013 Re: Berdanier v Todd/No 99-879 Dear Curtis: )anuary 6, 2000 Enclosed for filing is a Petition Raising Economic Issues in the above matter. Sincerely yours, dch Enclosure cc: Ann V. Levin, Esquire.. Hub . Gilro E. Robert Elicker, Esquire Divorce Master DENNIS M. BERDANIER, Plaintiff V. RANDA J. TODD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 99-879 CIVIL ACTION - DIVORCE PETITION RAISING ECONOMIC ISSUES Plaintiff, Dennis M. Berdanier, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: The parties possess real property which is owned jointly and which is considered marital property. This property is subject to equitable division. WHEREFORE, Plaintiff requests your honorable Court to equitably divide the marital property of the parties. Respectfully submitted, Hubert X. Gilroy, Esquire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Y $ROUJOS & GILROY, P. c. ATTORNEYS AT LAW JOHN H. BROUIOS HUBERT X. GILROV 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 October 27, 1999 ?,7 7 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Berdanier v Todd/No . 99-879 Dear Bob: TELEPHONE: (717) 243.4574 FACSIMILE: (717) 243.8227 INTERNE'r: brgilroypcOaol.c0m NON-TOLL FOR HARRISBURG AREA 717-766-1690 The divorce complaint was filed in the above case on February 16, 1999. Defendant's counsel formally accepted service on March 18, 1999. In past seven months, Defendant's counsel has not requested any specific information from me. No requests for discovery, either formal or informal, have been filed. The parties have been separated since 1987 and we believe the only marital asset is a home owned by the parties. I commissioned an appraisal of the home and provided that to the Defendant. The Defendant is presently receiving spousal support. Defendant's counsel has filed a certification on discovery suggesting that Interrogatories are not complete and that they may even need to take a deposition. Defendant's counsel has suggested 90 days to accomplish this work. There is no reason to delay the filing of a pre-trial statement or delay the sc?eduling of a conference to move this case along. We believe the Defendant is merely dragging her feet to continue receiving the spousal support. E. Robert Elicker, II, Esquire October 27, 1999 Page 2 If the Defendant has legitimate requests for discovery, they can provide those to me in letter form and we will promptly respond. However, in light of the delay of the Defendant to date in filing any requests for discovery, we urge you to proceed with the normal procedures to have this matter scheduled for a hearing before you. Sincerely yours, ert X. Gilroy dch cc: Ann V. Levin, Esquire Dennis Berdanier ti DENNIS M. BERDANIER, Plaintiff V. RANDA J. TODD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 99-879 : CIVIL ACTION - DIVORCE PETITION RAISING ECONOMIC ISSUES Plaintiff, Dennis M. Berdanier, by his attorneys, Broujos & Gilroy, P.C., sets forth the following: The parties possess real property which is owned jointly and which is considered marital property. This property is subject to equitable division. WHEREFORE, Plaintiff requests your honorable Court to equitably divide the marital property of the parties. Respectfully submitted, t?x- Hubert X. Gilroy, Esquire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 N uj ? O4 l.)?1 1 r fJL. (? ? U G VO BROUJOS & GILROY, P. c ATTORNEYS AT LAW JOHN H. BROUJOS 4 NORTH HANOVER STREET HUOERT X. CILROY CARLISLE, PENNSYLVANIA 17013 February 3, 2000 E. Robert Elicker Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Berdanier v Todd Dear Bob: TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243.8227 INTERNET: brgl Iroypc©aol.com NON-TOLL FOR HARRISIIURO AREA 717-766-1690 Enclosed is the Plaintiff's Pre-Hearing Statement. I ask that you proceed with scheduling a pre-hearing conference. As you can see from my statement, there are not complicated issues in this case. A hearing should take less than one half day. In light of the limited amount of issues in this case and the long separation of the parties, could you please schedule this matter as quickly as possible. Sincerely yours, Hubert X. Gilroy dch cc: Dennis Berdanier LeRoy Smigel, Esquire SMIOEL, ANDERSON & SACKS ATTORNEYS AT LAW LEROI SMIGEL 2917 NORTH FRONT STREET C. LEE ANDERSON HARRISBURG, PENNSYLVANIA 17110-1260 STUART S. SACKS 17171 234.2401 JOHN W. FROMMER JOSEPH R, D'AMICO ANN V. LEVIN HEATHER D. ROYER ERIC M. MORRISON JUNE C. LEE February 10, 2000 E. Robert Elieker Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Berdanier v. Todd No. 99 - 879 Dear Mr. Elicker: FAX 17171 2343611 FILE NO. 4192-1-4 Pursuant to your correspondence dated January 7, 2000, enclosed please find Defendant's Pre-Trial Statement with attached Inventory and Appraisement and Income and Expense Statement. Thank you for your attention to this matter. Very truly yours Ann V. Levin AVL/kld Encl. cc: Hubert Gilroy, Esq. (w/encl.) Randa J. Todd (w/encl.) DENNIS M. BERDANIER, Plaintiff v RANDA ). TODD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-879 CIVIL ACTION - DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Plaintiff, Dennis M. Berdanier, by his attorneys, Broujos & Gilroy, P.C., sets forth the following in accordance with Pennsylvania Rules of Civil Procedure 1920.33(b): Plaintiff Dennis M. Berdanier resides at 421 South Enola Drive, Enola, Cumberland County, Pennsylvania. Plaintiff was born on October 30, 1950 and is 49 years old. His general health is good. He works at Mechanicsburg Naval Depot as a woodworker. He has been employed there approximately 20 years. His average annual salary is approximately $32,000.00. 2 Defendant Randa ). Todd resides at 211 Clay Street, West Fairview, Pennsylvania. Ms. Todd was born on May 26, 1946 and is 53 years old. Plaintiff believes Ms. Todd is currently on social security disability. 3 The parties were married on June 16, 1984 in Enola, Pennsylvania. The parties separated in November of 1987. 4 The parties are the natural parents of Todd Berdanier, born February 26, 1983. Todd is 16 years old. He resides with the father and has resided with the father since August of 1998. Todd is a junior at East Pennsboro High School. 5 The parties jointly own the residence at 421 South Enola Drive, Enola, Pennsylvania. Wolfe & Shearer Realtors appraised the property in July of 1999 at a value of $80,000.00. There is a mortgage on the property to Republic Bank of Florida with a current payoff of approximately $1,400.00. The husband has maintained the mortgage payments over the years after separation. The monthly mortgage payment is approximately $380.00. Plaintiff has done a great deal of repairs and upgrades to the real estate over the years since separation. 6 The parties own various miscellaneous items of personal property at time of separation. It is Plaintiffs position that those items have been distributed previously and do not need to be involved in this litigation. 7 Plaintiff currently has a spousal support obligation to his wife in the amount of $523.00 per month. The wife has a child support obligation to the father for the support of the minor child in the amount of $323.00 per month. 8 Attached hereto is an Income and Expense Statement of the Plaintiff. 9 Plaintiff does not anticipate any expert witness testimony unless there is a requirement with respect to appraisal of the real estate. Plaintiff believes the only testimony at the hearing will be his testimony. Plaintiff suggests that the hearing will last no more than one half day. Respectfully submitted, i i Hubert X. Gilroy, Esquire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 III the Court of Colnnlon Pleas of CUMBERLAND Cotlllt E'enllsylvai- DOMEs'nC RELATIONS P.O. BOX 330, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240.6248 MARCH 30, 1999 Plaintiff Name: DENNIS M. BERDANIER Defendant Name: RANDA J. TODD Docket Number: 00799 S 1998 PACSES Case Number: 189100346 Other State ID Number: Please note: All correspondence must include the PACSI',S Case Numher. Income and Exnetlse Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also till out the Supplemental Income Statement which appears on the last page of this income and expense statement.) I /1 e INCOME STATEMENT OF 1 fi't' I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal pet ' o a. C.S. § 4901Y-4-141u . worn authonties. e falsification to33 z L _[ Date Plai r Defendant INCOME: Employer Addre Type of Wor Payroll No. Gross Pay per Pay Period $ Pay Period (wkly , bi-wkly. Itenuzed Payroll Deductions: Federal Withholding $1)97 Social Security $77,Z Local Wage Tax $/'1 State Income Tax $,-j?, 9- Retirement $7S Savings Bonds $ Q Credit Union qo,, e0 Life Insurance $1 f Health Insurance Other Deductions (specify) weg , 0'V 1, 6 Net Pay per Pay Period $ Form IN-008 Service Type M Worker ID 21700 Income and Expense Statement PACSES Case Number 189100346 OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties f Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other Other TOTAL $ is $ TOTAL INCOME $ (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home MortrajelRent $ $ 3 $ Maintenance 0 OD Utilities Electric Gas ?5, 86 oil 62 Telephone SD -Oo Page 2 of 6 Form IN-008 Service Type M Worker lD 21700 luanne and Expense Statement PACSES Case Number 189100346 EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Water $ Sewer S, e,3 C-1 Employment Public Transportation $ ?) $ $ Lunch p Taxes Real Estate $ $ $ i Q Personal Property 6 Income Insurance Homeowners $ $ $? Automobile &V Life ?a Accident ?/r Ap Health Cf -7 Other?,a ttSq t ?, a7 i Automobile Payments $ $ m, pp $ Fuel / 0% a Q a Gov Repairs Medical Doctor $ $ $ Dentist Orthodontist Page 3 of 6 Form IN-008 Service Type M Worker ID 21700 Income and Expense Statement PACSES Case Number 189100346 (Fill in Appropriate Column) EXPENSES (continued) WEEK MONTH YEAR Hospital Medicine Special needs (glasses, braces, orthopedic devices) Education Private School $ $ $ Parochial School College Religious Personal Clothing $ $ job, 0 O $ Food tbO, 06 Barber/Hairdresser ?1 00 Credit Payments: Credit Card Charge Account 6 Memberships 1919 t--Itn ?U t • `:. nn Loans e-rv+ Credit Union /ZF $ $ $ L ;Z 22 L_ ZJ 00 Miscellaneous Household Help $ $ $ Child Care PaperslBookslMagazine ?j Ob Entertainment ?? DO Pay TV Vacation 660, t Page 4 of 6 Form IN-008 Service Type M Worker ID 21700 Income and Expense Statement PACSES Case Number 189100346 EXPENSES (continued) (Fill in Appropriate Colunm) WEEK MONTH YEAR Gifts Legal Fees GL's. D Charitable Contributions Other Child Support Alimony Payments OG 2 Other TOTAL EXPENSES $ $ $ PROPERTY Ownership OWNED DESCRIPTION VALUE !1 W J Checking Accounts Savings Accounts c ?G L Credit Union Stocks/Bonds Real Estate C Oilier TOTAL V m- c INSURANCE COMPANY POLICY K Coverage H W C Hospital Blue Cross Other 6 Medical Blue Shield Other IT - wile C. - Combined J - Joint Page 5 of 6 Form IN-008 Service Type M Worker ID 21700 Income and Expense Statement INSURANCE Heal Disability Income Dental Other * H - Husband W PACSES Case Number 189100346 Coverage' COMPANY POLICY q H W C Wife C - Combined J - Joint Supplemental Income Statement a. This form is to be tilled out by a person (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature of business (check one) - (1) partnership - (2) joint venture - (3) profession - (4) closed corporation (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Cross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 6 of 6 Form IN-008 Service Type M Worker ID 21700 p. 4192.1.4 DENNIS M. BERDANIER, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 RANDA J. TODD, CIVIL ACTION- DIVORCE DEFENDANT NOTICE TO PLEAD TO: Dennis M. Berdanier, Plaintiff and Hubert X. Gilroy, Attorney for Plaintiff YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and Counterclaim to Complaint within twenty (20) days from service hereof or ajudgment may be entered against you. Smigel, Anderson & Sacks By: J?' ? LeRoy Smigel, Esquire I.D. #09617 Ann V. Levin, Esquire I.D. #70259 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant V. NO. 99 - 879 RANDA J. TODD, CIVIL ACTION - DIVORCE DEFENDANT DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT AND NOW, comes Randa J. Todd, Defendant, by and through her counsel, Smigel, Anderson & Sacks and files the following Answer and Counterclaim to Plaintiff's Complaint in Divorce: 1. Admitted. 2. Admitted. 3. Admitted. DENNIS M. BERDANIER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 4. Denied. A previous divorce action was purged in 1988 due to inactivity. 5. Admitted. 6. No response required. 7. Denied. 8. No response required. 9. No response required. COUNTERCLAIM COUNTI ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 10. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 9 which are incorporated by reference herein. 11. Defendant/Plaintiff in Counterclaim requires support to adequately maintain herself in accordance with the standard of living established during the marriage. 4192-r-4 WHEREFORE, Defendant/Plaintiff in Counterclaim requests the Court to award her reasonable alimony pursuant to Section 3701 of the Divorce Code. COUNT 11 ALIMONY PENDENTE LITE, COUNSEL FEES COSTS AND EXPENSES UNDER SECTION 3702 12. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs l through I 1 which are incorporated by reference herein. 13. Defendant/Plaintiff in Counterclaim has no adequate means of support for herself during the course of this litigation. 14. Defendant/Plaintiff in Counterclaim does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. 15. Defendant/Plaintiff in Counterclaim has no health insurance other than that presently available to her through Plaintiff/Defendant in Counterclaim's employment. WHEREFORE, Defendant/Plaintiff in Counterclaim requests the Court to award her alimony pendente lite, counsel fees, costs and expenses. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: February 9, 2000 By: V J LeRoy Smigel, Esquire I.D.#09617 Ann V. Levin, Esquire I.D. #70259 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant/Plaintiff in Counterclaim VERIFICATION I, Randa J. Todd, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities, Date: Randa J. Todd t 41924-1 DENNIS M. BERDANIER, PLAINTIFF V. RANDA J. TODD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Answer and Counterclaim to Complaint on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the 10th day of February, 2000, addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS By: L/ LeRoy Smigel, Esquire I.D. # 09617 Ann V. Levin, Esquire I.D. # 70259 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant ?- -. ,. ??'` .. - ?.= ?? ,, = . ?=; ?.,. F, I? DENNIS M. l3ERDANIER, PLAIN'I'II'1' V. RANDA J. TODD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 CIVIL ACTION - DIVORCE ORDER APPOINTING MASTER AND NOW, y2' 4u< Z- r `f 2000, c f o 2f?.c? f f ????/ Esquire is appointed master with respect to the following claims: alimony, alimony pendente lite, counsel fees, costs and expenses. By the Court• ?! sec ).- h??Jy?ut(C2GL /, J. Zop zv f /-/- 3-1-00 R KQ' OF r,FrL?n_;,?:ncr: V DENNIS M. BERDANIER, PLAINTIFF V. PANDA J. TODD, DEFENDANT IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 : CIVIL ACTION -DIVORCE MOTION FOR APPOINTMENT OF MASTER Panda J. Todd, Defendant, moves the court appoint a master with respect to the following claims: ( ) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the motion states: ( ) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses (1) Defendant's Interrogatories and Request for Production of Documents are outstanding. (2) The plaintiff has appeared in the action by his attorney, Hubert Gilroy, Esquire. (3) The statutory ground(s) for divorce are 3301(c) or 3301(d) of the Divorce Code. (4) Delete the inapplicable paragraph(s): (.all The aetien is net eantesied. (c) The action is contested with respect to the following claims: alimony, alimony pendente lite, counsel fees, costs and expenses, distribution of property (claim previously listed). (5) The action does not involve complex issues of law or fact. (G) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: gone. Date: February , 2000 Ann V. Levin, Attorney for Defendant fJ ?^ iv v S Y J I I?\ _ ,J V U _, j .. _t rl ` ?- ? li ?- • -? i? O 3 V/ ?^? ` J S ?..? v _"?' 'S ?) DENNIS M. BERDANIER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 879 CIVIL RANDA J. TODD, Defendant IN DIVORCE TO: Hubert X. Gilroy Attorney for Plaintiff LeRoy Smigel and Ann V. Levin Attorneys for Defendant DATE: Friday, October 8, 1999 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Interrogatories need to be forwarded on Defendant's behalf to Plaintiff. Depending upon how complete Plaintiff's answers are there may also be a need to issue a Request for Production of Documents and/or depose Plaintiff. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Defendant's counsel is preparing discovery and anticipates it will be complete within 60-90 days. This depends on whether Plaintiff answers discovery within the appropriate time requirements. - g, DATE Ll ?? C N L FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( x) NOTE: PRETRIAL DIRECTIVES WILL NOT BE 'I'SSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. * NO ECONOMIC CLAIMS HAVE BEEN RAISED DENNIS M. BERDANIER, Plaintiff VS. RANDA J. TODD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 CIVIL IN DIVORCE TO: Hubert X. Gilroy Attorney for Plaintiff LeRoy Smigel and Ann V. Levin Attorneys for Defendant DATE: Friday, October 8, 1999 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. S (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. lb/s -( ? 5 _ DATE COUNSEL FOR LAINTIFF (r ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. * NO ECONOMIC CLAIMS HAVE BEEN RAISED try ) 1 ' ?? 1 ? l' 1 'V 4172•I.4/111U: N IA L STM'r/AVUkW/2/7/UO DENNIS M. BERDANIER, PLAINTIFF V. RANDA J. TODD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 CIVIL ACTION - DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT PER Pa.R.C.P. 1920.33(b) AND NOW, comes Defendant, Randa J. Todd, by and through her counsel, Smigel, Anderson & Sacks, and respectfully submits this Pre-Trial Statement as follows: ASSETS - See Inventory and Appraisement. 2. EXPERTS - Defendant anticipates the need to call a real estate appraiser. An actuary may also need to testify regarding the value of Plaintiff's pension and Thrift Savings Plan. Defendant reserves the right to supplement this Pre-Trial Statement. 3. WITNESSES - Plaintiff and Defendant. Defendant reserves the right to supplement this statement as necessary. 4. EXHIBITS - Documentation regarding the parties' assets and liabilities including but not limited to: appraisal of the marital home, Plaintiff's pension plan, Plaintiff's Thrift Savings Plan and the parties' credit card debt. 5. INCOME INFORMATION - See Income and Expense Statement. 6. EXPENSE STATEMENT - See Income and Expense Statement. 7. PENSION/RETIREMENT BENEFITS - See Inventory and Appraisement. 8. COUNSEL FEES - Defendant asserts that Plaintiff should be responsible for Defendant's counsel fees. 9. ITEMS IN DISPUTE - All claims are in dispute. 10. MARITAL DEBTS - See Inventory and Appraisement. 11. PROPOSED RESOLUTION - Defendant seeks a distribution to her of 70% of the marital assets. Defendant also requires alimony sufficient to assist her in meeting her monthly needs which will include health insurance upon the entry or a divorce decree, Defendant is disabled and cannot adequately support herself. The assets consist of the house and Plaintiff's retirement benefits. Defendant anticipates that Plaintiff will need to refinance the mortgage on the marital home in order to pay Defendant. Plaintiff has control of all of the assets. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: February 9, 2000 LeRoy Smigel, Esquire I.D. #09617 Ann V. Levin, Esquire I.D. #70259 2917 North Front Street Harrisburg, PA 17110-1223 (717) 234-2401 Attorneys for Defendant 4192.1.4/INVINIORY & AITRAISHMUN'I'/AVIAW DENNIS M. BERDANIER, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 RANDA J. TODD, DEFENDANT CIVIL ACTION - DIVORCE INVENTORY AND APPRAISEMENT OF RANDA J. TODD Defendant files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages, (X) 1. Real property O 2. Motor vehicles (X) 3. Stocks, bonds, securities and options O 4. Certificates of deposit O 5. Checking accounts, cash O 6. Savings accounts, money market and savings certificates O 7. Contents of safe deposit boxes O 8. Trusts O 9. Life Insurance policies (indicate face value and current beneficiaries () 10. Annuities O 11. Gifts O 12. Inheritances O 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments O 21. Litigation claims (matured and unmatured) O 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) (X) 26. Other: antiques p Q a .c N_ x A o a H O A .. . 7 ? r- M C C C p C CC F W b 'O A .UO ,a .D P O O O CIS O O rn u u C N A > 0i u U L O x 0 ? v F o ? E d ? U b M ? A u d - - -- - - -- - - " o '' ? x x x x x x a > ti ti ti ti ? ti n ? o w u o G a n L y Q y O ... p" A = c ? v 0o w a v o OO W CS V N C ' w . 7 Q' O C. C G A v W ? a x U Q 0 z LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED (X) 1. Mortgages O 2. Judgments () 3. Liens O 4. Other secured liabilities UNSECURED (X) 5. Credit card balances O 6. Purchases O 7. Loan payments O 8. Notes payable O 9. Other unsecured liabilities CONTINGENT OR DEFERRED () 10. Contracts or Agreements () 11. Promissory , notes () 12. Lawsuits () 13. Options () 14. Taxes O 15. Other contingent or deferred liabilities 0 a N C N N . V ? t.V. F a CL o o .. o L O C'nJ ti ti A V R 3 O L L U co i 0 on z o ? ti Q ' ? d z NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: see attached. ro v ro 0 u k W a W al O a b L b • 4 cr rL L Q7 o a H rz !7 ? C_ C_ R N ? ? c a L d 3 3 x x 33 0 o r` Or N c 0 o U x on " C 0 0 U h F;US .-.- C,uU%' z z u U 0 z INCOME AND EXPENSE STATEMENT OF RANDAJ.TODD Defendant receives Social Security Disability in the amount of $625 per month. Defendant works approximately four hours per month at the Healthy Grocer earning $7.50 an hour. EXPENSES i Item Weekly (or) Monthly (or) 1 Yearly HOME 1 ( ) Mortgage, ( X) Rent 450.00( 5,400.00 Utilities j 100.00 1,200.00 Electricity ! 100.00 1 1,200.00 Telephone 35.00 , 420.00 Water 30.00 1 360.00 Sewer 10.00 1 120.00 TAXES i 1 Personal Taxes 16.67 1 200.00 INSURANCE Renters Insurance 8.33 ; 100.00 Automobile Insurance 33.33 1 400.00 AUTOMOBILE 1 Automobile Fuel ! 40.00 480.00 Automobile Repairs 166.671 2,000.00 MEDICAL Doctor 20.001 240.00 Medicine 50.001 600.00 Special Medical Needs (specify) 30.001 360.00 PERSONAL j 1 1 Clothing 25.001 300.00 Food 50.001 600.00 Barber/Hairdresser 20.00 240.00 Credit PaYmeets/CharSge Accounts: 250.001 3,000.00 MISCELLANEOUS Papers/Books/Magazines 10.001, 120.00 Entertainment 10.001 120.00 Pay TV 10.001 120.00 Legal Fees - balance duc 55,417.50 110 payments made) 1 Charitable Contributions _ 10.00 120.00 Tout Expenses 1,475.001 17.700.00 VERIFICATION I, Randa J. Todd, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief, I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Randa J. Todd f DENNIS M. BERDANIER, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 879 RANDA J. TODD, DEFENDANT CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Pre-Trial Statement on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the 10th day of February, 2000, addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS By: .. ./ v? LeRoy Smigel, Esquire I.D. # 09617 Ann V. Levin, Esquire I.D. # 70259 2917 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant BROUJOS & GILROY, P. C. JOHN H. BROUJOS ATTORNEYS AT LAW HUBERT X GILROY 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 i i September 8, 2000 LeRoy Smigel, Esquire Smigel, Anderson 8r Sacks 2917 North Front Street Harrisburg, PA 17110 Re: Berdanier v Todd Dear Lee: TEUPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 INTERNET: brgilroypc®aol.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 Enclosed is the summary of the Master's Hearing which has been signed by Mr. Berdanier and by me. 1 ask that you sign it, have your client sign it and refer it directly back to Bob Elicker. Please call if you have any questions. Sincerely yours, ubert X. Gilroy dch Enclosure cc: Dennis Berdanier E. Robert Elicker, Esquire DENNIS M. BERDANIER, PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 879 RANDA.i. TODD, DEFENDANT CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit 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 unswom falsification to authorities. Date: fS -06 ?a RANDAJ.TODD FENDANT DENNIS M. BERDANIER, Plaintiff V. RANDA J. TODD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 879 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on February 16, 1999. 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 this 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: -S-23-00 ?2a'm& P'&& RANDAJ.TODD, D ANT 3301(c).nol DENNIS M. BERDANIER, Plaintiff v RANDA J. TODD, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 99- 879 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE L A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on ?) -Ito-9q 2. 3 De ? n?ant acknowledges receipt and accepts service of the Complaint on or about 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this 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 unswom falsification to authorities. Date: a 3 Q -- n i Dennis M. Berdanier, Plaintiff ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 99-879 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 03/06/09 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice Employer/Withholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS RE:BERDANIER, DENNIS M. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL 177-42-1894 Employee/Obligor's Social Security Number 3601000024 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: 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 child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ Soo. oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 500.00 per 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: $ 115.07 per weekly pay period. $ 250.00 per semimonthly pay period (twice a month). $ 230-14 per biweekly pay period (every two weeks). $ 500.00 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 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 page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS 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 BY MAIL. BY THE COURT: EDGAR B BAYLEY Form EN-428 Service Type M OMB No.: 0970-0154 Worker ID $IATT *' .. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecke? you are required to pr vide a opy of this form to your mployee. If yo r employee works in a state that is d& - from the state that issued this or?er, a copy must be provi?ed to your empYoyee even if the box is not checked. 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. 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. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED EMPLOYEE'S/OBLIGOR'S NAME:BERDANIER, DENNIS M. EMPLOYEE'S CASE IDENTIFIER: 3601000024 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: 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. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *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. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-428 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendanVObligor: BERDANIER, DENNIS M. PACKS Case Number 403000022 Plaintiff Name RANDA J. TODD Docket Attachment Amount 99-879 CIVIL $ 500.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 Service Type M OMB No.: 0970-0154 Worker ID $IATT C s C=IF U, - r n co ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 11/11/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DEPT OF DEFENSE CIVILIANS 99-879 CIVIL OOrigi nal Order/Notice OAmended Order/Notice X@Terminate Order/Notice QOne-Time Lump Sum/Notice RE:BERDANIER, DENNIS M. Employee/Obligor's Name (Last, First, MI) Sent Electronically DO NOT MAIL 177-42-1894 Employee/Obligor's Social Security Number 3601000024 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: 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. $ o. oo per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Qy,?s N n` $ o . oo per month in current medical support $ 0.00 per month in past-due medical support cz? =- -? $ 0.00 per month in current spousal support ?,7r= $ 0.00 per month in past-due spousal support $ o . oo per month for genetic test costs cjl $ o . oo per month in other (specify)` ' $ one-time lump sum payment for a total of $ 0 . oo per month to be forwarded to payee below. ca "° 7:0 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. oo per semimonthly pay pe riod (twice a month). $ o . oo per biweekly pay period (every two weeks). $ o . oo 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 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 page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic Payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVIN A HESS Form EN-428 Rev.1 Service Type M OMB No.: 0970.0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck you are required to provide a opy of this form to your m loyee. If yo r employee works in a state that is di4erent from the state that issued this o er, a copy must be provi?edpto your empYoyee even if ie box is not checked 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 employeelobligor'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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. 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 employeelobligor 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 employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:BERDANIER, DENNIS M. EMPLOYEE'S CASE IDENTIFIER: 3601000024 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT- 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 employeelobligor 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *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. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment DefendandObligor: BERDANIER, DENNIS M. PACKS Case Number 403000022 Plaintiff Name RANDA J. TODD Docket Attachment Amount 99-879 CIVIL $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 Form EN-428 Rev.1 Worker I D $ IATT Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) lserratell i(a)ssbc-law.corn Attorney for Defendant/Petitioner FILED-OFFICE T H ,, , 11 T' L1110 DEC 22 PE1 3: 19 PEN'NSS L'VA IA RANDA J. TODD, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS OFFICE V. NO. 99-879 CIVIL PACSES CASE NO. 403000022 DENNIS M. BERDANIER, Defendant/Petitioner PETITION TO MODIFY AND NOW COMES, Defendant/Petitioner, by and through his attorney, Lori K. Serratelli, Esquire, and the law firm of Serratelli, Schiffman & Brown, PC, who seeks termination of the obligation to pay alimony, and in support thereof avers as follows: Pursuant to the Order dated November 29, 2000, which was made a part of the Divorce Decree dated March 14, 2001, Defendant/Petitioner was obligated to pay alimony in the amount of $500.00 per month. 2. In August of 2010, Defendant/Petitioner gave his notice of intent to retire under the FERS Retirement System to the Department of Defense. 3. Defendant/Petitioner's last paycheck from his last week of work before retirement was issued November 12, 2010. 4. Defendant/Petitioner had verbally notified Conference Officer R.J. Shadday that he planned to retire from his employment. 5. Defendant/Petitioner's income prior to retirement was $1,717.60 bi-weekly. Defendant/Petitioner's estimated monthly retirement benefit will be $1,641.78. 7. Defendant/Petitioner is now 60 years old and has been employed for 30 years with the Department of Defense. 8. Defendant/Petitioner has had some physically debilitating issues with both of his knees recently. 9. Plaintiff/Respondent is believed to still be receiving either SSI or Social Security Disability benefits along with subsidized housing and other low income benefits that may be available to her which cover all her needs. 10. Defendant/Petit] oner had paid spousal support for approximately 10 years prior to the November 29, 2000 Order and alimony payments of $500 per month which he has now paid for 10 years. 11. Defendant/Petitioner and Plaintiff/Respondent were married in 1984 and lived together only a few years prior to separation in 1988. 12. Defendant/Petitioner has paid a combination of spousal support and alimony for 20 years, which is approximately seven times longer than the years the parties cohabitated together as husband and wife. 13. In the November 29, 2000 Stipulated Order, Plaintiff/Respondent waived any and all claim to Defendant/Petitioner's retirement or pension benefits. WHEREFORE, in light of Plaintiff/Respondent's waiver of any of Defendant/Petitioner's retirement benefits and in light of the fact Defendant/Petitioner's only income is his retirement benefits, the alimony should be terminated effective November 12, 2010 with cancellation of any arrearages of record through the Domestic Relations Office. Respectfully submitted, Lor' Skrratelli, Esquire SE TELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) IserratelliRssbc- law. co in Attorney for Defendant/Petitioner 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 unworn falsification to authorities. Date: / a a? d °o< 8? /Q - r Dennis M. Berdanier CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this day of 2010, I served a copy of the foregoing document by United States Mail, First Class, postage pre-paid, to the following person(s): Ann Levin, Esquire Smigel, Anderson & Sacks Riverchase Office Center 4431 North Front Street Harrisburg, PA 17110 Lo atelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant/Petitioner ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Clq - <g -? C1 b-V 1 I OOriginal Order/Notice State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 01/10/11 0Terminate Order/Notice Case Number (See Addendum for case summary) (Done-Time Lump Sum/Notice RE:BERDANIER, DENNIS M. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 177-42-1894 Employee/Obligor's Social Security Number DFAS-RETIREMENT 3601000024 C/O GARNISHMENT OPERATIONS Employee/Obligor's Case Identifier DFAS GAG CL (See Addendum for plaintiff names PO BOX 9 9 8 0 0 2 associated with cases on attachment) CLEVELAND OH 44199-8002 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: 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. -, $ o. oo per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Q s ? nail $ 0.00 per month in current medical support = ? C_ r -11 _.. $ o . oo per month in past-due medical support $ 500.00 per month in current spousal support f,:7-, :fry $ o . o o per month in past-due spousal support $ 0.00 per month for genetic test costs -.rl $ o . oo per month in other (specify) -- $ one-time lump sum payment; rV ` for a total of $ 500.00 per 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: $ 115.07 per weekly pay period. $ 250.00 per semimonthly pay period (twice a month) $ 230.14 per biweekly pay period (every two weeks) $ 500.00 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 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 page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS 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 BY MAIL. BY THE COURT: IlA . L. Eb?r J.1', _1Ud4jL Form EN-028 Rev.S Service Type M OMB No.:097M154 Worker ID $oINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hhecke?l you are required to provide a opy of this form to your mployee. If yoUr employee works in a state that is di Brent Trom the state that issued this order, a copy must be provi ?ed to your employee even if the box is not checked. 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee"s wages. 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. 2014100094 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:BERDANIER, DENNIS M. EMPLOYEE'S CASE IDENTIFIER: 3601000024 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: 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. Antidiscrimination: 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *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. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER ST by telephone at 0717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev.5 Worker I D $oINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BERDANIER, DENNIS M. PACSES Case Number 403000022 PACSES Case Number Plaintiff Name Plaintiff Name RANDA J. TODD Docket Attachment Amount Docket Attachment Amount 99-879 CIVIL $ 500.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): Service Type M DOB DOB Addendum OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker ID $OINC FILED-OFFICE OF THE PROTHONOTARY Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Defendant/Petitioner ZOI I JAN 24 AN I I : 04 CUMBERLAND COUNTY PENNSYLVANIA RANDA J. TODD, Plaintiff /Respondent v. DENNIS M. BERDANIER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS OFFICE NO. 99-879 CIVIL PACSES CASE NO. 403000022 RULE TO SHOW CAUSE 4 X011 AND NOW, this 14 day of ?awV4?`? 1$ upon consideration of the within Petition, a Rule is hereby granted upon the Plaintiff/ Respondent, to show cause why the relief requested in the foregoing Petition should not be granted. RULE RETURNABLE 7.O Distribution: days from date of service. BY THE COURT: sk7?__ Lori K. Serratelli, Esq., 2080 Linglestown Rd., Ste. 201, Harrisburg, PA Ann Levin, Esq., 4431 North Front Street, Harrisburg, PA 171 10 17110 0 OP Dlu' Z FILED-OFFICE CF THE PROT ONOTAR"t, 11 2011 FEB 14 AM 10* w u CUMBERLAND COUNTY PENNSYLVANIA SMIGEL, ANDERSON & SACKS. LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3 d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin asasllp.com Attorney for Respondent RANDA J. TODD, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 99 - 879 PACSES NO. 403000022 DENNIS BERDANIER, DEFENDANT/PETITIONER CIVIL ACTION - DIVORCE/SUPPORT ANSWER AND COUNTERCLAIM TO PETITION TO MODIFY AND NOW, comes the Respondent, Randa J. Todd, by and through her attorneys, SMIGEL, ANDERSON & SACKS, LLP, and files this Answer to Petition to Modify and in support thereof, avers as follows: 1. Admitted. 2. Denied. Respondent is without sufficient information as to the truth of the averment and therefore strict proof thereof is demanded. To the extent that a response is required, the averment is denied. 3. Denied. Respondent is without sufficient information as to the truth of the averment and therefore strict proof thereof is demanded. To the extent that a response is required, the averment is denied. 4. Denied. Respondent is without sufficient information as to the truth of the averment and therefore strict proof thereof is demanded. To the extent that a response is required, the averment is denied. 5. Denied. Respondent is without sufficient information as to the truth of the averment and therefore strict proof thereof is demanded. To the extent that a response is required, the averment is denied. 6. Denied. Respondent is without sufficient information as to the truth of the averment and therefore strict proof thereof is demanded. To the extent that a response is required, the averment is denied. By way of further answer, Petitioner will be eligible for Social Security. 7. Admitted. 8. Denied. Respondent is without sufficient information as to the truth of the averment and therefore strict proof thereof is demanded. To the extent that a response is required, the averment is denied. 9. Admitted in part and denied in part. It is admitted that Respondent is receiving Social Security Disability benefits. It is admitted that Respondent benefits from Senior Low Income housing. It is denied that Respondent benefits from other low income benefits. By way of further answer, Respondent will not be able to meet her modest and reasonable needs without alimony from Petitioner. Respondent will be required to move if her income decreases by more than One Hundred ($100) Dollars a month. Termination, as requested by Petitioner, would require Respondent to become dependent upon the public welfare system for her health care. 10. Admitted. By way of further answer, Petitioner was and is able to afford these payments and Respondent cannot meet her needs without these payments. 11. Admitted. By way of further answer, the parties lived together for approximately ten years prior to getting married in 1984. Respondent left the marital home in 1988 due to Petitioner's physical abuse. 12. Denied. It is denied that Petitioner has paid a combination spousal support and alimony for seven times longer than the years the parties lived together as Husband and Wife. 13. Admitted. By way of further answer, Petitioner has chosen to retire at this time and has the ability to continue to work, whereas Respondent does not. WHEREFORE, it is respectfully requested that this Honorable Court deny the Petition to Modify. COUNTERCLAIM FOR CONTEMPT 14. Respondent/Petitioner in Counterclaim (hereinafter "Wife) repeats and realleges the averments of paragraphs 1 through 13, which are incorporated by reference herein. 15. In November 2010, Petitioner/Respondent in Counterclaim (hereinafter "Husband") ceased paying alimony per the terms of the November 29, 2000 Order, which required Husband to pay alimony until the death of either party or the marriage of Wife. 16. The parties' August 23, 2000 Agreement provides that "It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this agreement, the other party shall have the right at his or her election to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder." 17. Wife has incurred attorney's fees in the filing and preparation of an Answer and Counterclaim to Petition to Modify. WHEREFORE, Wife respectfully requests that Husband be found in Contempt of the November 29, 2000 Order and that Husband be ordered to do the following: 1. Pay alimony arrears in full within five (5) days; 2. Continue monthly alimony payments per the terms of the parties' August 23, 2000 agreement; 3. Require Husband to pay Wife's reasonable attorneys fees and costs for the preparation and presentation of her Answer and Counterclaim to Petition to Modify; and 4. Any other relief that the Court deems appropriate. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP Date: By: U V Ann Levin, Esquire I.D.#: 70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Respondent VERIFICATION I, Randa I Todd, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. 1 understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: Ran a J. Todd SMIGEL, ANDERSON & SACKS. LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, Yd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin a sasllp.com Attorney for Respondent RANDA J. TODD, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS BERDANIER, DEFENDANT/PETITIONER DOCKET NO. 99 - 879 PACSES NO,. 403000022 CIVIL ACTION - DIVORCE/SUPPORT CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Respondent in the above captioned matter, do hereby certify that I served a true and correct copy of the foregoing Answer and Counterclaim to Petition to Modify on counsel for Petitioner by placing same in the U.S. Mail, First class, postage paid on the day of February, 2011, addressed as follows: Lori K. Serratelli, Esquire Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Rd., Ste. 201 Harrisburg, PA 17110 SMIGEL, ANDERSON & SACKS, LLP By: ?7? Ann V. Levin, Esquire I.D#: 70259 4431 North Front Street, 3`d Mr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Respondent Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) IserratelliC&ssbc-law.com Attorney for Petitioner/Counterclaim-Respondent RANDA J. TODD, Plaintiff/Respondent V. DENNIS M. BERDANIER, Defendant/Petitioner D1 f FER ^: Pr 1 U NB f pAr ( 1 ? tyi 7 - - , i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS OFFICE. NO. 99-879 CIVIL PACSES CASE NO. 403000022 ANSWER TO COUNTERCLAIM FOR CONTEMPT `l UD rn M kr- < C. r-.3 sv AND NOW COMES, Petitioner/Counterclaim-Respondent, by and through his attorney, Lori K. Serratelli, Esquire, and the law firm of Serratelli, Schiffman & Brown, PC, who avers as follows: 14. No response is required. 15. Denied. The payments continue to be wage attached by the Cumberland County Domestic Relations which is holding said payments pending decision on the Petition for Modification. 16. Admitted. By way of further response, there must be a finding of breach default for said legal fees to be awarded. 17. Petitioner/Counterclaim-Respondent has no information with regard to this F TI m °77 „ter 17- allegation and strict proof thereof is demanded. 18. Petitioner/Counterclaim-Respondent has not willfully breached said Stipulation of November 29, 2000 which provided for alimony payments to wife which also provided that the alimony was modifiable subject to applicable rules and laws of the Commonwealth of Pennsylvania. 19. Petitioner/Counterclaim-Respondent has clearly set forth a change of circumstance of his income and employment. WHEREFORE, Petitioner/Counterclaim-Respondent respectfully requests that the Counterclaim for Contempt be denied. Respectfully submitted, Lorij"g ratellf, Esquire SE TELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) Iserratelli(wssbc-law.com Attorney for Petitioner/Counterclaim-Respondent 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 unworn falsification to authorities. Date: emus M. Berdanier CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this 17th day of February, 2011, I served a copy of the foregoing document by United States Mail, First Class, postage pre-paid, to the following person(s): Ann Levin, Esquire Smigel, Anderson & Sacks Riverchase Office Center 4431 North Front Street Harrisburg, PA 17110 Lo erratelli, Esquire S RATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Petitioner/Counterclaim- Respondent &I > > ri ?. t??l PRAECIPE FOR LISTING CASE FOR TRIIL ( FEt, 23 P1112: (Must be typewritten and submitted in triplicMJBERL I i, (. i i... TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. X? for trial without a jury. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) RAN DA J. TODD, (check one) X? Civil Action - Law ? Appeal from arbitration (other) (Plaintiff) vs. DENNIS M. BERDANIER, The trial list will be called on and Trials commence on (Defendant) Pretrials will be held on vs. (Briefs are due S days before pretrials No. 99-879 CIVIL Term Indicate the attorney who will try case for the party who tiles this praecipe: Lori K. Serratelli, Esquire for Defendant Indicate trial counsel for other parties if known: Ann V. Levin, Esquire for Plaintiff This case is ready for trial. Signed: February 17, 2011 Date: Print Name: Lori K. Serratelli, Esquire Defendant Attorney for: RANDA J. TODD IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS M. BERDANIER, DEFENDANT NO. 99-879 CIVIL IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, this 1St day of March, 2011, the non-jury trial in the above referenced case has been assigned to this Court. Prior to setting an actual trial date, IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre-trial memorandum with the Court on or before March 25, 2011, in the following format: 1. A concise statement of factual issues to be decided at trial. II. A list of witnesses the party intends to call at trial along with a concise statement of their anticipated testimony. III. A list of all exhibits each party anticipates presenting at trial. IV. A statement of any legal issues each party anticipates being raised at trial along with copies of any cases which may be relevant to resolution of the stated issue. case. V. An estimate of the anticipated time needed for the party to present its case. Upon receipt and review of these memorandums, the Court will set a trial date for this o w w n By the Court, t ?o =o c -- M. L. Ebert, Jr., J. u '/Ann V. Levin, Esquire Attorney for Plaintiff Lori K. Serratelli, Esquire Attorney for Defendant 1 Or p ie5 rv'a. , lee,( 3 /V/ la-t bas -.t o , --? o a rT- v Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) lserratelliAssbc-law.com Attorney for Defendant/Petitioner OF TtFELPROIO'HONQTARY 2011 MAR 22 PM 4: 08 CUMBERLAND COUNTY PENNSYLVANIA RANDA J. TODD, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS OFFICE V. : NO. 99-879 CIVIL PACSES CASE NO. 403000022 DENNIS M. BERDANIER, Defendant/Petitioner MOTION FOR CONTINUANCE AND NOW COMES, Defendant/Petitioner, by and through his attorney, Lori K. Serratelli, Esquire, and the law firm of Serratelli, Schiffman & Brown, PC, who files this Motion and avers as follows: 1. On December 22, 2010, Defendant/Petitioner filed a Petition to Modify. 2. On or about February 10, 2011, Plaintiff/Respondent filed an Answer to Petition to Modify with Counterclaim. 3. On February 23, 2011, Defendant/Petitioner filed an Answer to Counterclaim. 4. On February 23, 2011, Defendant/Petitioner filed a Praecipe to List Case for Trial. 5. On March 1, 2011, an Order of Court was issued directing the parties to file Pre- Trial Memorandums on or before March 25, 2011. 6. On March 14, 2011, Defendant/Petitioner informed his counsel he has Stage II colon cancer and will be undergoing surgery on March 23, 2011. After surgery, he will have a six to eight week recovery period then proceed forward with five to six months of chemotherapy treatments. 7. On March 14, 2011, Defendant/Petitioner's counsel notified Plaintiff/Respondent's counsel via letter, and asked counsel if she would be willing to concur in an eight week continuance so that Defendant/Petitioner may deal with his illness and treatment. On March 18, 2011, Plaintiff/Respondent's counsel indicated that she has not had an opportunity to discuss Defendant/Petitioner's request for a continuance with her client and did not have authority to concur. 9. Defendant/Petitioner is seeking an eight week continuance of the March 25, 2011 deadline by which the Pre-Trial Memorandum must be filed. WHEREFORE, in light of Defendant/Petitioner's surgery on March 23, 2011 and recovery therefrom, Defendant/Petitioner prays this Honorable Court grant an eight week continuance for the filing of the Pre-Trial Memorandum. Respectfully submitted, K. &aat la Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 (fax) lserratel liO)ssbc-law.com Attorney for Defendant/Petitioner 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 unworn falsification to authorities. 3 - aZ)- -.2OII Date: ennis A Berdanier CERTIFICATE OF SERVICE 1, Lori K. Serratelli, Esquire, do hereby certify that on this Z.Z. day of M001 , 2011,1 served a copy of the foregoing document by United States Mail, First Class, postage pre-paid, to the following person(s): Ann Levin, Esquire Smigel, Anderson & Sacks Riverchase Office Center 4431 North Front Street Harrisburg, PA 17110 XQAU A, SW a /Jb Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant/Petitioner ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 05/02/11 Case Number (See Addendum for case summary) Employer/Withholders Federal EIN Number Sent Electronically DO NOT MAIL RE: BERDANIER. DENNIS M. qR-'979 Civ l / Q Original Order/Notice 0 Amended Order/Notice Terminate Order/Notice O One-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 177-42-1894 Employee/Obligors Social Security Number 3601000024 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION. 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 child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Q yes Q no $ 0.00 per month in current medical support -T-V $ 0.00 per month in past-due medical support ?• $ 0.00 per month in current spousal support ? $ 0.00 per month in past-due spousal support S Q $ 0.00 per month for genetic test costs,_ ?h. $ 0.00 per month in other (specify) p? $ one-time lump sum payment x for a total of $ 0.00 per month to be forwarded to payee below. t' 3 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 semimonthly pay period (twice a month). $ 0.00 per biweekly pay period (every two weeks). $ 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 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 page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: KEVINA HESS OMB No.: 0970-0154 Form EN-428 Service Type M Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required to provide a copy of this form to our employee. If our employee works in a state that is digerent from the state that issued this order, a copy must to our to your Xmployee even if the box is not checked. 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.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. 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. 3407276120 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: BERDANIER, DENNIS M. EMPLOYEE'S CASE IDENTIFIER: 3601000024 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 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 (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *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. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST 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 (717) 240-6248 or by internet www childsupoortstate pa us OMB No.: 0970-0154 Service Type M Page 2 of 2 DATE OF SEPARATION: Form EN-428 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BERDANIER, DENNIS M. PACSES Case Number 403000022 Plaintiff Name RANDA J. TODD Docket Attachment Amount 99-879 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum OMB No.: 0970-0154 Form EN-428 Worker ID $IATT i r FILED-QFFICr (IF THE PRQTfICP cl .A.,y 2011 MAY 2b AM 8: 32 CUMBERLAND COUNT, PENNSYLVANIA SMIGEL, ANDERSON & SACKS. LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, P Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevinna sasllp.com Attorney for Respondent RANDA J. TODD, IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 99 - 879 PACSES NO. 403000022 DENNIS BERDANIER, : DEFENDANT/PETITIONER CIVIL ACTION - DIVORCE/SUPPORT RESPONDENT'S PRE-TRIAL MEMORANDUM AND NOW, comes the Respondent, Randa J. Todd, by and through her attorneys, SMIGEL, ANDERSON & SACKS, LLP and submits this Pre-Trial Memorandum as follows: I. STATEMENT OF FACTUAL ISSUES TO BE DECIDED AT TRIAL: 1. Whether Mr. Berdanier has retired from all employment. 2. What Mr. Berdanier's income sources are. 3. What Mr. Berdanier's assets are. 4. What Ms. Todd's income sources are. 5. What Ms. Todd's assets are. II. WITNESSES Randa J. Todd - Her need for continued alimony payments, in the amount of $500 per month, her limited resources and health issues. Dennis Berdanier - His continued ability to pay, his extensive assets and resources. i III. EXHIBITS l . Documents to support both parties' expenses and income sources, including but not limited to Social Security Disability payments and pension payments; 2. Documents to show assets held; 3. Documents to support Ms. Todd's claim for legal fees; and 4. Documents to support lack of alimony payments since November 2010. IV. STATEMENT OF LEGAL ISSUES: 1. Whether Defendant's alimony payments should be terminated. 2. Whether Defendant's arrears should be cancelled retroactive to November 12, 2010. In this case, Mr. Berdanier has requested termination of alimony because he has retired, his only income is his retirement benefits, and in a stipulated order dated November 29, 2000 Ms. Todd waived her claim to his retirement benefits and pension. Under Pennsylvania law, it is undisputed that retirement is an event that constitutes changed circumstances which can give rise to a modification of an existing alimony order. Therefore, the primary issue before the court is whether alimony should be modified or terminated after consideration of the factors in section 3701(b) and the legislature's intent to effectuate economic justice between the parties according to each party's need and ability to pay. The legislative intent of the alimony provisions of the Domestic Relations Code is to "effectuate economic justice... according to the actual need and ability to pay of the parties." 23 Pa.C.S. § 3102(a)(6). In deciding whether to modify or terminate an alimony order, a court must consider the changes in circumstances of each party throughout each step in the P0, dissolution of marriage, including living separate and apart, pending divorce, and after divorce. 23 Pa.C.S. § 3701(e); Purdue v. Purdue, 580 A.2d 1146 (Pa. Super. Ct. 1990). Provided there is a change in circumstances that warrants modification of an existing order, the court shall consider all relevant factors to determine whether alimony is necessary and the nature, amount, duration and manner of payment. 23 Pa.C.S. § 3701(b). The legislature has set forth numerous factors for a court's consideration, including: the relative earnings and earning capacities of the parties; the ages and physical, mental and emotional conditions of the parties; the sources of income of both parties, including, but not limited to, medical, retirement, insurance, or other benefits; the relative assets and liabilities of the parties; the relative needs of the parties; and whether the party seeking alimony lacks sufficient property to provide for the party's reasonable needs. Id. [Emphasis added]. When calculating alimony, retirement benefits and pension income must be considered even where a party has been granted a clear and absolute entitlement to them in a marriage settlement agreement. McFadden v. McFadden, 563 A.2d 180 (Pa. Super. Ct. 1989) [Emphasis added] attached hereto as Exhibit A; 23 Pa.C.S. § 3701(b). The court should not terminate Mr. Berdanier's alimony obligation because it is clear that he still has the ability to pay and without the relatively modest amount of alimony she receives, Ms. Todd lacks sufficient property to provide for her own reasonable needs. Based upon the averments of the Petition, Mr. Berdanier's pre-retirement monthly income was $3,721.47. His estimated retirement benefit is $1,641.78, which is roughly half of his pre- retirement monthly income. Despite Mr. Berdanier's pay reduction, he retains a significant amount of property and will receive Social Security benefits. Mr. Berdanier is still able to pay, r? and therefore his request to terminate alimony payments on that basis should be denied. Ms. Todd has significant health issues and maintains a modest lifestyle. The alimony she receives does help provide for her most basic needs. Ms. Todd will demonstrate a need for continued monthly alimony payments. Without them, she will be unable to provide for her own reasonable needs. In his petition, Mr. Berdanier argues that Ms. Todd waived any and all claim to his retirement or pension benefits as a part of the Stipulated Order dated November 29, 2000. The Stipulated Order states in pertinent part: 3. Both parties waive any claims they may have to any retirement or pension benefits held by the other party and both parties will execute any documents necessary to effectuate the waiver of those claims. 4. Husband shall pay to wife alimony in the amount of $500.00 per month effective as of the date of the entry of the divorce decree. The spousal support is also effective as of today's date at $500.00 per month. The alimony is modifiable subject to applicable rules and laws of the Commonwealth of Pennsylvania and is terminable upon the co-habitation of wife, death of either party, or remarriage of wife. Stipulated Order, 1112912000. Despite the language of the Stipulated Order, the Court is required by section 3701 of the Domestic Relations Code and the McFadden case to examine all relevant factors related to an alimony determination. Specifically included are retirement benefits. 23 Pa.C.S. § 3701(b). Based on the foregoing, Mr. Berdanier should continue the monthly payment of $500.00 alimony to Ms. Todd. 3. Whether Petitioner has breached the agreement. 4. Whether Petitioner owes Respondent legal fees? r? Mr. Berdanier has failed to pay alimony since November 2010. If it is established that Mr. Berdanier is in default of the agreement, legal fees will be due to Ms. Todd per the terms of the agreement. V. TIME ALLOTMENT Respondent Randa J. Todd estimates one (1) to two (2) hours needed to present Respondent's case. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP By: A V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Respondent Randa J. Todd r SMIGEL, ANDERSON & SACKS. LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3`d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(d,sasllp.com Attorney for Respondent RANDA J. TODD, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS BERDANIER, DEFENDANT/PETITIONER DOCKET NO. 99 - 879 PACSES NO. 403000022 CIVIL ACTION - DIVORCE/SUPPORT CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Respondent in the above-captioned action, do hereby certify that I served a true and correct copy of the foregoing Pre-Trial Memorandum on counsel for Petitioner by placing same in the U.S. Mail, First Class, postage paid on the 26th day of May, 2011, addressed as follows: Lori K. Serratelli, Esquire Serratelli, Schiffman & Brown, P.C. 2080 Linglestown Rd., Ste. 201 Harrisburg, PA 17110 SMIGEL, A DERSON & SACKS, LLP By: C/ Ann V. Levin, Esquire I.D#: 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Respondent SMIGEL, ANDERSON & SACKS. LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, Yd Mr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin ii,sasllp corn Attorney for Respondent RANDA J. TODD, PLAINTIFF/RESPONDENT _ FILED-OFFICE C>=' THE PROTHIWI ",,3, y 2011 JUL 18 PM 1: 28 CUMBERLAND COUNT't' PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 99 - 879 PACSES NO. 403000022 DENNIS BERDANIER, ; DEFENDANT/PETITIONER: CIVIL ACTION - DIVORCE/SUPPORT CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff/Respondent in the above captioned divorce action, do hereby certify that I served a correct copy of the foregoing Plaintiff/Respondent's Interrogatories Addressed to Defendant/Petitioner on counsel for Defendant/Petitioner by placing same in the U.S. Mail, First Class, postage paid on the 14"' day of July, 2011, addressed as follows: Lori K. Serratelli, Esquire Serratelli, Schiffman & Brown 2080 Linglestown Rd., Ste. 201 Harrisburg, PA 17110 SMIGEL, ANDERSON & SACKS, LLP By: Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff/Respondent SMIGEL, ANDERSON Si SACKS. LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, P Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevinr<sasllo corn Attorney for Respondent RANDA J. TODD, PLAINTIFF/RESPONDENT r= lLEU-0- FF iC R THE PROT'?0140TP <<. ill1 JUL 18 PH 1: 23 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 99 - 879 PACSES NO. 403000022 DENNIS BERDANIER, : DEFENDANT/PETITIONER: CIVIL ACTION - DIVORCE/SUPPORT CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff/Respondent in the above captioned divorce action, do hereby certify that I served a correct copy of the foregoing Plaintiff/Respondent's Request for Production of Documents Addressed to Defendant/Petitioner on counsel for Defendant/Petitioner by placing same in the U.S. Mail, First Class, postage paid on the 14th day of July, 2011, addressed as follows: Lori K. Serratelli, Esquire Serratelli, Schiffman & Brown 2080 Linglestown Rd., Ste. 201 Harrisburg, PA 17110 SMIGEL, ANDERSON & SACKS, LLP V By: Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff/Respondent =M ? : -» _ r rv ) SMIGEL, ANDERSON & SACKS. LLP C:) Ann V. Levin, Esquire ID #70259 [«* =- 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 a.tr r xr°°? (717) 234-2401 :F 7-- C_ S "ft o r`"' alevinCj)sasllpxorn d -. Attorney for Respondent - RANDA J. TODD, IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 99 - 879 PACSES NO. 403000022 DENNIS BERDANIER, DEFENDANT/PETITIONER: CIVIL ACTION - DIVORCE/SUPPORT ORDER .. AND NOW, this a? day of , 2011, upon consideration of Plaintiff/Respondent's Motion for Continuance, it is hereby ORDERED and DECREED that the -114 hearing scheduled for September 9, 2011 is continued to the day of 6-. , 20111 to be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 in courtroom no. flr. BY THE COURT: A J. Distribution: Ann V. Levin, Esquire; 4431 N. Front St., 3`d Fir., Harrisburg, PA 17110 /Lori K. Serratelli, Esquire; 2080 Linglestown Rd., Ste. 201, Harrisburg, PA 17110 , ?1 ea tl z I t1 tnG, 2012 MAR -I PM 2: 17 CUMBERLAND COUNTY PENNSYLVANIA SMIGF.L, ANDERSON & SACKS. LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(&sasllp, corn Attorney for Respondent ,A- i i?x r T . ODD , PLAINTIFF/RESPONDENT: V. DENNIS BERDANIER, DEFENDANT/PETITIONER: IN T 14F COT 1P,T OF COMMON PLLAS CUMBERLAND COUNTY, PENN, SYL4'AN1A DOCKET NO. 99 - 879 PACSES NO. 403000022 CIVIL ACTION- DIVORCE/SUPPORT CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff/Respondent in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Notice to Attend and Produce on counsel for Defendant/Petitioner by U.S. Mail, first class, postage paid on the day of February, 2012, addressed as follows: Lori K. Serratelli, Esquire Serratelli, Schiffman & Brown, P.C. ,080 Lingles!own Rd.,'?ic. 2-" Harrisburg. PA 17 1! 0 SMIGEL, ANDERSON & SACKS, LLP By: _ z4 --- Ann . Levin, Esquire LD#: 70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110 x717) 234-2401 Attorney for Plaintiff/Respondent RANDA J. TODD, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION DENNIS M. BERDANIER, No. 99-879 CIVIL Defendant/Petitioner PACSES NO. 624110738 ORDER OF COURT AND NOW, this 6th day of June, 2012, following the Non-Jury trial and upon consideration of the briefs filed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition to Modify is GRANTED. The Defendant's alimony obligation is TERMINATED. The termination shall be retroactive to December 22, 2010. By the Court, 1* ? Ann V. Levin, Esquire Attorney for Plaintiff Lori K. Serratelli, Esquire Attorney for Defendant l?l 1 ittcA Ie t,/ -7 Ae6, M. L. Ebert, Jr., U J. Md ~i-.. RANDA J. TODD, Plaintiff/Respondent V. DENNIS M. BERDANIER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION No. 99-879 CIVIL PACSES NO. 624110738 OPINION AND ORDER OF COURT Ebert, J., June 6, 2012- Background Before this Court is Mr. Berdanier's Petition to Modify or terminate alimony payments to Ms. Todd.' Mr. Berdanier ("Petitioner") is 61 years of age and Ms. Todd ("Respondent") is 65 years of age.2 The parties were married in June of 1984.3 This was Petitioner's first marriage and Respondent's second marriage. The marriage lasted approximately 5 years until 1988-1989 when the parties separated.4 On August 23, 2000, the parties entered into an agreement and stipulation resolving the economic issues of their divorce.5 On November 29, 2000, an Order was entered for parties to file a praecipe to transmit the record of the August 23, 2000, proceedings so that a final divorce decree could be entered incorporating the terms of the agreement. Pursuant to the agreement, Petitioner was to pay Respondent $500 per month in alimony.6 Petition to Modify, filed Dec. 22, 2010. 2 Notes of Testimony 4, 40 [hereinafter N.T. _]. 3 N.T. 4, 41. a N.T. 4-5. s N.T. 3-4; Petitioner's Exhibit 1 [hereinafter Pet.'s Ex b N.T. 6; Pet.'s Ex. 1. 1 Dennis M. Berdanier Petitioner was employed as a woodworker by the Defense Department in New Cumberland, Pennsylvania for the past 30 years. Pursuant to the FERS retirement system, Petitioner was eligible for retirement after attaining the age of 60 and completing 30 years of service.8 In October of 2010, Petitioner reached those milestones and retired.9 Petitioner's ending salary was approximately $41,000 a year.10 Currently, Petitioner receives a $1,442.48 monthly annuity payment." Petitioner has a joint checking account and savings account with his current wife with a balance of $1,450 and $3,000, respectively.1z After retirement, in March 2011, Petitioner was diagnosed with colon cancer. 13 Petitioner's cancer appears to be in remission after surgery and chemotherapy treatments in 2011.14 As a result of the cancer, Petitioner exhibited symptoms including numbness, depression, nausea, and a decrease in energy level. 15 Additionally, Petitioner has learned that he suffers from scarring on his lung that results in a shortness of breath, a deteriorated lower spine, liver damage, and a herniated abdomen which will require additional surgery. 16 Petitioner stated that his current total household expenses were $3,900 per month. 17 These expenses include all household expenses such as utilities, auto insurance, car payments, N.T. 6-7. s N.T. 8. 9 N.T. 8. 10 N.T. 9-11, 28; Pet.'s Ex. 2. 11 N.T. 11-13; Pet's Ex. 3. 1' N.T. 35-36. 13 N.T. 13. 14 N.T. 13. 15 N.T. 14. 16 N.T. 14-15. 17 N.T. 31 2 health insurance, student loans, and food. 18 However, these expenses include costs associated with Petitioner's current wife and thus, the total amount of expenses is less than the $3,900 per month initially estimated. 19 Randa Jean Todd Respondent has an Associate's degree from Harrisburg Area Community College in Human Services. 20 Respondent was employed for 9.5 years with the Department of Commerce as a crew leader or an interviewer with the Census Bureau .21 Her employment with the federal government ended in 1991.22 After working for the Department of Commerce, Respondent worked as the Director of the Domestic Violence Shelter at the Harrisburg YWCA between 1998-1999.23 Again, this was almost 10 years after the couple separated. Respondent claims that she was fired from the YWCA because she "mentioned" at work that Petitioner had thrown a sawhorse at her. 21 She claims that the YWCA could not have an abused spouse working as a Director of the Domestic Violence Shelter. 25 The Respondent provided no other evidence to support this allegation, and this Court having worked with victims services for many, many years does not find the Respondent's account of her firing credible. In 1999, Respondent filed for and now receives social security disability in the amount of $855 per month due to back and spine related injuries.26 Since 2001, Respondent has been " N.T. 31-33. 19 N.T. 32-33. 20 N.T. 40. 2' N.T. 41. 22 N.T. 42. 2s N.T. 42. 24 N.T. 43. 2s N.T. 43. 26 N.T. 44, 69 3 receiving Medicare. 27 Respondent does not receive any other source of income.28 Respondent has estimated her monthly expenses at $1,441.25.29 Respondent receives housing assistance from HUD to live in a mid-income apartment for senior citizens. 30 Respondent's rent is $476 per month but only pays $82 per month out of pocket. 31 Respondent has an Agency on Aging waiver which provides her help through a worker that does chores around the house such as laundry, cooking, cleaning, and grocery shopping five days a week for 2-5 hours per day. 32 Wegman's provides Respondent with unsold fruits, vegetables and bread.33 Respondent has, in the past, received assistance from the Lions Club for vision screening and glasses. 34 In addition to the county, state, and federal assistance helping Respondent with living expenses, she has received help from her church community and son. 35 Respondent has been diagnosed with a multitude of medical conditions. 36 Respondent's past and present medical conditions include, inter alia, breast cancer, atrial defibrillation, shortness of breath, kidney stones, arthritis, shingles, depression, bladder incontinence, visual impairment, obesity, and hypothyroidism. 37 Respondent is on a regimen of medications and vitamins to regulate her illnesses. 38 For the past two years Respondent has been using a wheelchair, however, she can self-transfer in and out of the wheelchair when necessary and operates an accessible van. 39 Although Respondent's doctors have recommended back surgery, 27 N.T. 45. 2'N.T. 45. 29 Respondent's Exhibit 9 [hereinafter Res.'s Ex. N N.T. 39-40. 31 N.T. 40, 60. 32 N.T. 54. 33 N.T. 60. 34 N.T. 56. 35 N.T. 60. 36 N.T. 51-52. 3' N.T. 52. 38 N.T. 71. 39 N.T. 73. 4 she has refused the surgery because "it is just too invasive for [her] .,,40 Respondent has qualified to live in a skilled nursing facility, but she has decided to remain living on her own.41 Discussion "[T]he Divorce Code expressly provides that any alimony order may be modified, suspended, terminated, reinstated or a new order made upon changed circumstances." McFadden v. McFadden, 563 A.2d 180, 183 (Pa. Super. 1989) (internal quotations omitted). An obligor may seek a modification of an existing alimony order when the changed economic circumstances are continuous and substantial. Id. at 182. "Pennsylvania case law clearly establishes that retirement can serve as the basis for the changed circumstances of a substantial and continuing nature necessary to modify an alimony award." Id. at 183 (noting that voluntary retirement qualifies as a substantial change). In considering a modification of an alimony award "the court must consider all relevant, including those statutorily prescribed for at 23 Pa.C.S.A. § 3701, Alimony, (b) Relevant Factors (1)-(17)." Isralsky v. Isralsky, 824 A.2d 1178, 1188 (Pa. Super. 2003). The factors enumerated in section 3701 used in determining the "nature, amount, duration and manner of payment of alimony" are as follows: (1) The relative earning and earning capacities of the parties. (2) The ages and the physical, mental and emotional conditions of the parties. (3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. (4) The expectations and inheritances of the parties. (5) The duration of the marriage. ao N.T. 72. 41 N.T. 71. 5 (6) The contribution by one party to the education, training or increased earning power of the other party. (7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. (8) The standard of living of the parties established during the marriage. (9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. (10) The relative assets and liabilities of the parties. (11) The property brought to the marriage by either party. (12) The contribution of a spouse as homemaker. (13) The relative needs of the parties. (14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions). (15) The Federal, State and local tax ramifications of the alimony award. (16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs. (17) Whether the party seeking alimony is incapable of self-support through appropriate employment. 23 Pa.C.S.A. § 3701(b)(1)-(17). After a review of the record, this Court grants Petitioner's request to modify or terminate alimony. Petitioner's voluntary good faith retirement is a change in his economic situation that is both continuous and substantial. See McFadden, 563 A.2d at 183. Petitioner's changed circumstances allow him the opportunity to demonstrate why the existing alimony order should 6 be modified or terminated. See id. at 184. An analysis of all factors in light of the record has led this Court to conclude that Petitioner's obligation to provide alimony to Respondent should be terminated. In the case sub judice, the determinative factors weigh in favor of terminating the existing alimony order. Petitioner is now in his early 60s and facing a substantial decrease in earning and earning capacity with his retirement. In addition to a decrease in earning, Petitioner's health has declined since his diagnosis and treatment of colon cancer. Additionally, Petitioner suffers from depression and other physical conditions, such as scarring of his lungs, which are only now being diagnosed and treated. Furthermore, the record does not indicate that 1) Respondent contributed overly significantly to the marital estate, 2) made extraordinary contributions as the homemaking spouse, or 3) was a factor in increasing Petitioner's earning capacity during marriage. Regarding the length of marriage, Petitioner and Respondent's marriage lasted only approximately 5 years, from 1984-1989. During the parties' period of separation and before their divorce, Petitioner provided Respondent with support. After their divorce in 2000, Petitioner has continued to faithfully pay $500 per month in alimony to Respondent. 42 Petitioner has been supporting Respondent three times longer than the actual length of their marriage. Although this Court is sympathetic to Respondent's numerous medical conditions, the length of the marriage and cohabitation between Petitioner and Respondent in comparison to the amount of time Petitioner has been paying alimony and would be required to continue to pay alimony with a reduced income, is inequitable. See Teodorski v. Teodorski, 857 A.2d 194, 201 (Pa. Super. 2004) (citing DeMarco v. DeMarco, 787 A.2d 1072, 1081 (Pa. Super. 2001)). Therefore, after a review 42 Since November 2010, Petitioner has an arrears balance of $7,711.37 as of Feb. 3, 2012 for payments made to the Pennsylvania State Collection and Disbursement Unit. 7 of the record in consideration of section 3701(b) factors, this Court finds that Petitioner's alimony obligation is terminated. Accordingly, the following Order is entered: ORDER OF COURT AND NOW, this 6th day of June, 2012, following the Non-Jury trial and upon consideration of the briefs filed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition to Modify is GRANTED. The Defendant's alimony obligation is TERMINATED. The termination shall be retroactive to December 22, 2010. By the Court, M. L. Ebert, Jr., ` J. Ann V. Levin, Esquire Attorney for Plaintiff Lori K. Serratelli, Esquire Attorney for Defendant 8 Department of the Treasury - Internal Revenue Service 2? 1 IlAn A 1 I C ImAivie?ls ml Ine•ntrna TAY Raturn rQoN IRS tlc _ nniv - Do not write or staple in this space. ,.,,,,, . - .- . - . - ..-_._.-_- --------- ----- Your first name and initial Last name OMB No. 1545.DO74 Your social security number DENNIS M BERDANIER 177-42-1894 If a joint return, spouse's first name and initial Last name spouse's social security number JESSICA A BERDANIER 187-68-9231 Home address (number and street). If you have a P.o. box, see instructions. Apartment no. Make sure the SSN(s) . above and on line 6c 421 S ENOLA DRIVE are correct. City, town or post office. If you have a foreign address, see instructions. State ZIP code Ekmtk Cam nif Check" ere % you, or yours u e ENOLA PA 17025 iling jointly, want $3 to go to this fund. Checking a tax below will Foreign country name Foreign province/county Foreign postal code not Chan a our tax or refund. You Spouse Filing 1 Single 4 Head of household (with qualifying person). (See instructions.) status 2 X Married filing jointly (even if only one had income) If the qualifying person is a child but not your dependent, 3 Married filing separately. Enter spouse's SSN above and enter this child's name here Check only one box. Exemptions If more than six dependents, see instructions. full name here 6' 5 LJ Uualitying widow(er) witn aepenaent cnna 6a © Yourself. If someone can claim you as a dependent, do not check box 6a Boxes checked on 6a and 6b ..... 2 C Dependents: 1) First name Last name Dependent's (2) social security number (3) Dependent's relationship to you (4) t7 if child urider age 17 q 1 for (see` inst Z, d Total number of exemptions claimed ....... No. of children on 6c who: 0 lived with you ...... • did not live with you due to divorce or separation (see instructions) ... Dependents not on 6c entered above . Add numbers ............................................ I.... onlines abov Income Attach Form(s) W-2 here. Also attach Form(s) 1099-R if tax was withheld. If you did not get a W-2, see instructions. 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ....... ................................. . 7 41,405. 8a Taxable interest. Attach Schedule B if required ....... ................................. . 8a 12. b Tax-exempt interest. Do not include on line 8a ............... ....... 8b 9a Ordinary dividends. Attach Schedule B if required ..... ................................. . 9a b Qualified dividends (see instructions) ................ ....... 9b 10 Capital gain distributions (see instructions) ........... ................................. . 10 11 a IRA distributions ............ .. 11 a 11 b Taxable amount ..... . 11 b 12a Pensions and annuities ........ 12a 25, 364 . 12bTaxable amount ..... . 12b 24, 999. 13 Unemployment compensation and Alaska Permanent Fund dividends (see instructions) .................................. ................................. . 13 Enclose, but do not attach, any payment. Al l 14a Social security benefits . ......... 14a 14b Taxable amount .. .... 14b ease so, p use Form 1040-v. 15 Add lines 7 through 14b (far right column). This is your total income ................. .. 15 66,416. Adjusted 16 Educator expenses (see instructions) ....................... 16 gross 17 IRA deduction (see instructions) ........................... 17 Income 18 Student loan interest deduction (see instructions) ............ 18 19 Tuition and fees. Attach Form 8917 ........................ 19 20 Add lines 16 through 19. These are your total adjustments ........ ............ .... 20 21 Subtract line 20 from line 15 This is your adjusted gross income ................... .. 01 21 66,416. BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see separate instructions. Form 1040A (2011) FDIA1312 10/25/11 Form 1040A (2011) DENNIS M & JESSICA A BERDANIER' 177-42-1894 Page 2 Tax, credits, 22 Enter the amount from line 21 (adjusted gross income) ........... ................. 22 66,416. T and 23a Check You were born before January 2, 1947, Blind T Total boxes payments if: Spouse was born before January 2, 1947, Blind checked . ? 23a (Standard b If you are married filing separately and your spouse itemizes deductions, ? neal ..:..., check here .............................................................. 23b for- 24 Enter your standard deduction ........................................................ 24 11,600 0 People who check any box on line 23a or 23b or who can be claimed as a dependent, see instructions. • All others: Single or Married filing separately, $5,800 Married filing jointly or Qualifying widow(er), $11 25 Subtract line 24 from line 22. If line 24 is more than line 22, enter -0- .................... 25 54,816. 26 Exemptions. Multiply $3,700 by the number on line 6d .................................. 26 7,400. 27 Subtract line 26 from line 25. If line 26 is more than line 25, enter -0-. This is your 27 47,416. taxable income .................................................................... 0. 28 Tax, including any alternative minimum tax (see instructions) .................................................................... 28 6,264. 29 Credit for child and dependent care expenses. Attach Form 2441 .......... 29 30 Credit for the elderly or the disabled. Attach Schedule R ..... 30 31 Education credits from Form 8863, line 23 .................. 31 32 Retirement savings contributions credit. Attach Form 8880 ... 32 33 Child tax credit (see instructions) .......................... 33 34 Add lines 29 through 33. These are your total credits ................................... 34 Head of 35 Subtract line 34 from line 28. If line 34 is more than line 28, enter -0- This household, $8,500 _ is your total tax ...................................................................... 35 6,264. 36 Federal income tax withheld from Forms W-2 and 1099 ................................................. 36 9,422 37 2011 estimated tax payments and amount applied from If you have I 2010 return . 37 _ a qualifying - 38a Earned income credit (EIC) ........ . child, attachr ....................... 38a Schedule EIC. I bNontaxable combat pay election. 38b 39 Additional child tax credit. Attach Form 8812 ................ 39 40 American opportunity credit from Form 8863, line 14 ......... 40 41 Add lines 36, 37, 38a, 39, and 40. These are your total payments .................................. ? 41 9,422. Refund 42 If line 41 is more than line 35, subtract line 35 from line 41. This is the amount you overpaid ...................................................... 42 3,158. 43a Amount of line 42 you want refunded to you. If Form 8888 is attached, check here .. ? 43a 3,158. Direct deposit? ? bRouting See instructions number .......... L3382241 c T e: yP ?C CheckiSavings and fill in 43b, 43c, and 43d or ? dAccount Form 8888. number .......... f 44 Amount of line 42 you want applied to your 2012 estimated tax ............................................ 44 Amount 45 Amount you owe. Subtract line 41 from line 35. For details on how to pay, you owe see instructions .................................................................... ? 45 46 Estimated tax penalty (see instructions .................... 46 Third party Do you want to allow another person to discuss this return with the IRS (see instructions)? .......... Yes. Complete the following. No designee Personal Designee's Phone identification name ? no. ? number (PIN) Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and accurately list all amounts and sources of income 1 received during the tax year. Declaration of preparer (other than the taxpayer) is based on all here information of which the preparer has any knowledge. Your signature Date Your occupation Daytime phone number Joint return? See instructions. , INSPECTOR Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation If the IRS sent you an Identity for your records. NURSE Protection PIN, enter d here (see inst) Print/Type preparer's name Preparer's signature Date Check ? If PTIN Paid SYLVIA M EMPSON I SYLVIA M EMPSON 02/02/2012 self-employed P005305 14 preparer e onl u Firmsname "ELIZABETH M SEIDEL y s Firm's address" 5721 JONESTOWN ROAD Firm's EIN1- 23-2434208 HARRISBURG PA 17112-40071 Phone no. (717) 545-6385 Form 1040A (2011) FDIA1312 10125111 w a ? a ? , 81416C- 0 e ?-?R a nQC3 a s ?g ?a 3 Mcn = a w ? . D? a c =m o e 3 O 440M.42-9 Iwo lO a = *? .., ¦ r -z A ?- N v7° CL D M C m 3 Z g1?0 m wi v s C ((?? ?p m Dm3 ?Mtma 3 ° oo y, ?- c ?? ® 00 a x?? s ?'ii V/ 0 CL ?D t Z N N 2pv 2 1 C G O m ;, c g ? a o' c ? o m 1 Form CSA 1099R (Rev. 112012) IM > Form CSA 1099R (Rev. 12012) W 3= This informration is being furnished to the '< 0 This information is being furnished to the '< <= Department of T asu - Internal Revenue Service O Department of Treasu - Internal Revenue Service 10 111 -U;U D 10 y `" a p -0 m =i ObM -n Fr -? d 0 p m '< <. -i -n a J o $ d m -< - _1 a-'O 50-5 Mom -i a OZ h? NO ?Am •$• b 0 ? c.n ? ? D(?irZT o d ° ?'Ao DrnZ .? 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C> gr a o 0 0 n0O 26 ° Q ? o .0 a IA4 Gay SEC& Prevent identity theft-protect your Social Security number oz Your Social Security Statement YEARS rs?? tvwiv. socialsecurity.gov Prepared especially for Dennis M. Berdanier Air oiea! June 25, 2010 See inside for your personal information No Inlillr?nullllui4ln?lllilllinillll?u?dnllnlnlni?l?i?llll?i What's inside... 000072410 01 AT 0.357 FF F 0134 DENNIS M. BERDANIER Your Estimated Benefits ...................................................2 421 S ENOLA DR Your Earnings Record .......................................................3 ENOLA PA 17025-3001 Some Facts About Social Security ...................................4 If You Need More Information .........................................4 To Request This Statement In Spanish ...........................4 (Para Solicitar Una Declaracion err Espanol) What Social Security Means To You This Social Security Statement can help you plan for your financial future. It provides estimates of your Social Security benefits under current law and updates your latest reported earnings. Please read this Statement carefully. If you see a mistake, please let us know. That's important because your benefits will be based on our record of your lifetime earnings. We recommend you keep a copy of your Statement with your financial records. Social Security is for people of all ages... We're more than a retirement program. Social Security also can provide benefits if you become disabled and help support your family after you die. Work to build a secure future... Social Security is the largest source of income for most elderly Americans today, but Social Security was never intended to be your only source of income when you retire. You also will need other savings, investments, pensions or retirement accounts to make sure you have enough money to live comfortably when you retire. Saving and investing wisely are important not only for you and your family, but for the entire country. If you want to learn more about how and why to save, you should visit www.mymoneygov, a federal government website dedicated to teaching all Americans the basics of financial management. About Social Security's future... Social Security is a compact between generations. Since 1935, America has kept the promise of security for its workers and their families. Now, however, the Social Security system is facing serious financial problems, and action is needed soon to make sure the system will be sound when today's younger workers are ready for retirement. In 2016 we will begin paying more in benefits than we collect in taxes. Without changes, by 2037 the Social Security Trust Fund will be exhausted* and there will be enough money to pay only about 76 cents for each dollar of scheduled benefits. We need to resolve these issues soon to make sure Social Security continues to provide a foundation of protection for future generations. Social Security on the Net... Visit www.socialsecurity.gov on the Internet to learn more about Social Security. You can read publications, including When To Start Receiving Retirement Benefits; use our Retirement Estimator to obtain immediate and personalized estimates of future benefits; and when you're ready to apply for benefits, use our improved online application- It's so easy! Michael J. Astrue Commissioner * These estimates are based on the intermediate assumptions from the Social Security Trustees' Annual Report to the Congress. Your Estimated Benefits Retirement You have earned enough credits to qualify for benefits. At your current earnings rate, if you continue working until... your full retirement age (66 years), your payment would be about ............ $ 1,867 a month age 70, your payment would be about ................................... $ 2.465 a month If you stop working and start receiving benefits at. age 62, your payment would be about ................................... $ 1,402 a month *Disability You have earned enough credits to qualify for benefits. If you become disabled right now... Your payment would be about ...................................... .. $ 1,879 a month *Family If you get retirement or disability benefits, your spouse and children also may qualify for benefits. *Survivors You have earned enough credits for your family to receive survivors benefits. If you die this year, certain members of your family may qualify for the following benefits: Your child .......................................................... $ 1,414 a month Your spouse who is caring for your child .................................. $ 1,414 a month Your spouse who reaches full retirement age ............................... $ 1,885 a month Total family benefits cannot be more than ................................. $ 3,300 a month Your spouse or minor child may be eligible for a special one-time death benefit of $255. 1'ledicare You have earned enough credits to qualify for Medicare at age 65. Even if you do not retire at age 65, be sure to contact Social Security three months before your 65th birthday to enroll in Medicare. *Your estimated benefits are based on current law. Congress has made changes to the law in the past and can do so at any time. The law governing benefit amounts may change because, by 2037, the payroll taxes collected will he enough to pay only about 76 percent of scheduled benefits. We based your benefit estimates on these facts: Your date of birth (please verify your name on page 1 and this date of birth) ..................... October 30, 1950 Your estimated taxable earnings per year after 2009 ................................................ $41,233 Your Social Security number (only the last four digits are shown to help prevent identity theft) ......... XXXXX 1894 How Your Benefits Are Estimated To qualify for benefits, you earn "credits" through your work - up to four each year. This year, for example, you earn one credit for each $1,120 of wages or self- employment income. When you've earned $4,480, you've earned your four credits for the year. Most people need 40 credits, earned over their working lifetime, to receive retirement benefits. For disability and survivors benefits, young people need fewer credits to be eligible. We checked your records to see whether you have earned enough credits to qualify for benefits. If you haven't earned enough yet to qualify for any type of benefit, we can't give you a benefit estimate now. If you continue to work, we'll give you an estimate when you do qualify. What we assumed - If you have enough work credits, we estimated your benefit amounts using your average earnings over your working lifetime. For 2010 and later (up to retirement age), we assumed you'll continue to work and make about the same as you did in 2008 or 2009. We also included credits we assumed you earned last year and this year. Generally, the older you are and the closer you are to retirement, the more accurate the retirement estimates will be because they are based on a longer work history with fewer uncertainties such as earnings fluctuations and future law changes. We encourage you to use our online Retirement Estimator at www.socialseciirity.gov/estiniator to obtain immediate and personalized benefit estimates. «je can't provide your actual benefit amount „rail you apply for benefits. And that amount may differ from the estimates stated above because: (1) Your earnings may increase or decrease in the future. (2) After you start receiving benefits, they will be adjusted for cost-of.-living increases. (3) Your estimated benefits are based on current law. The law governing benefit amounts may change. (4) Your benefit amount may be affected by military service, railroad employment or pensions earned through work on which you did not pay Social Security tax. Visit ivww.socialsecuritygov/ntystatement to learn more. Windfall Elimination Provision (WEP) - If you receive a pension from employment in which you did not pay Social Security taxes and you also qualify for your own Social Security retirement or disability benefit, your Social Security benefit may be reduced, but not eliminated, by WEP. The amount of the reduction, if any, depends on your earnings and number of years in jobs in which you paid Social Security taxes, and the year you are age 62 or become disabled. To estimate WEP's effect on your Social Security benefit, visit www.socialsecurity gov/WEP-CHART. In 2010, the maximum monthly reduction is $381. For more information, please see Windfall Elimination Provision (Publication No. 05-10045) at www socialsecuritygov/WEP. Government Pension Offset (GPO) - If you receive a pension based on federal, state or local government work in which you did not pay Social Security taxes and you qualify, now or in the future, for Social Security benefits as a current or former spouse, widow or widower, you are likely to be affected by GPO. If GPO applies, your Social Security benefit will be reduced by an amount equal to two-thirds of your government pension, and could be reduced to zero. Even if your benefit is reduced to zero, you will be eligible for Medicare at age 65 on your spouse's record. To learn more, please see Government Pension Offset (Publication No. 05-10007) at www socialsecurity gov/GPO_ F [CXI Vour Earnings Record Your Taxed Your Taxed Years You Social Security Medicare Worked Earnings Earnings 1967 $ 993 993 1968 2,397 2.397 1969 2,210 2,210 1970 1,978 1,978 1971 1,249 1,249 1972 3,860 3,860 1973 4,056 4,056 1974 6,196 6,196 1975 992 992 1976 5,907 5,907 1977 14,432 14,432 1978 17,425 17,425 1979 18,495 18,495 1980 21,295 21,295 1981 22,632 22,632 1982 3,735 3,735 1983 18,676 18,676 1984 19,741 19,741 1985 23,900 23,900 1986 21,797 21,797 1987 25,585 25,585 1988 21,847 21,847 1989 25,720 25,720 Your Taxed Your Taxed Years You Social Security Medicare Worked Earnings Earnings 1990 $ 28,605 $ 28,605 1991 32,820 32,820 1992 34,923 34,923 1993 34,293 34,293 1994 31,843 31,843 1995 31,489 31,489 1996 36,048 36,048 1997 32,427 32,427 1998 33,081 33,081 1999 36,203 36,203 2000 34,753 34,753 2001 39,449 39,449 2002 39,822 39,822 2003 54,841 54,841 2004 53,899 53,899 2005 42,747 42,747 2006 36,314 36,314 2007 43,787 43,787 2008 44,293 44,293 2009 41,233 41,233 Total Social Security and Medicare takes paid over your worldng career through the last year reported on the chart above: Estimated taxes paid for Social Security: Estimated taxes paid for Medicare: You paid: $62,710 You paid: $14,534 Your employers paid: $62,710 Your employers paid: $14,534 Note: You currently pay 6.2 percent of your salary, up to $106,800, in Social Security taxes and 1.45 percent in Medicare taxes on your entire salary. Your employer also pays 6.2 percent in Social Security taxes and 1.45 percent in Medicare taxes for you. If you are self-employed, you pay the combined employee and employer amount of 12.4 percent in Social Security taxes and 2.9 percent in Medicare taxes on your net earnings. Help Us Keep Your Earnings Record Accurate You, your employer and Social Security share responsibility for the accuracy of your earnings record- Since you began working, we recorded your reported earnings under your name and Social Security number. We have updated your record each time your employer (or you, if you're self-employed) reported your earnings. Remember, it's your earnings, not the amount of taxes you paid or the number of credits you've earned, that determine your benefit amount. When we figure that amount, we base it on your average earnings over your lifetime. If our records are wrong, you may not receive all the benefits to which you're entitled. Review this chart carefully using your own records to make sure our information is correct and that we've recorded each year you worked. You're the only person who can look at the earnings chart and know whether it is complete and correct. Some or all of your earnings from last year may not be shown on your Statement. It could be that we still were processing last year's earnings reports when your Statement was prepared. Your complete earnings for last year will be shown on next year's Statement. Note: If you worked for more than one employer during any year, or if you had both earnings and self-employment income, we combined your earnings for the year. There's a limit on the amount of earnings on which you pay Social Security taxes each year. The limit increases yearly. Earnings above the limit will not appear on your earnings chart as Social Security earnings. (For Medicare taxes, the maximum earnings amount began rising in 1991- Since 1994, all of your earnings are taxed for Medicare.) Call us right away at 1-800-772-1213 (7 am.-7 p.m. your local time) if any earnings or years before last year are shown incorrectly. Please have your W-2 or tax return for those years available. (If you live outside the U_S-, follow the directions at the bottom of page 4.) 3 06251 OF 02Ff 31213) Medical conditions Diabetes, Neuropathy of feet Breast cancer x2, Breast calcifications A-Fib, Flutter Sleep apnea HTN SOB, SOB on exertion IDDM dental issues Kidney stones Arthritis Hx of shingles Depression Morbid Obesity Bladder incontinence, Bladder infections Visual impairment Cateracts HOH - slight hypothyroidism Back (spinal) issues, sacharyliac Legs - lymphoma, muscle weakness, pain Ambulatory Dysfunction Randa Todd - Medicines and Supplements Vitamin Supplements' COQ-10 Fish oil Mtv Mtv - mineral alpha lipic acid B-vitamins Magnesium Prescription Medicines Levothyroxine 175 mcg Ix Lantus 80units qhs Novalog 25 cc at meals Janumet 50/1000 with meals Pradaxa 150mg 2x Fenofibrate 160 mg Ix Digoxin 123 Ix Furosemide 20 mg 1 x Victoza 1.8 Ix Diltiazem Metoprolol Tartrate 25mg 2x 1 Cannot afford vitamins; been taking vitamin supplements for 40 years to maintain health I?-lIGHMNZK. BLUE SHIELD P.O. Box 890171 Camp Hill PA 17089-0171 RANDA TODD 43 ASHBURG DRIVE #24 MECHANICSBURG PA 17050 EFT Notification 3336 Date Billing ID 12/13/11 900082172 Member Covera a Period EFT Deduction Status ID Number Beginning Endin Previous Balance 0 00 110245241001B 01/01/12 01 1/12 . Current Premium 151.70 Deduction to be made 12/27/2011 151.70 rrvuuc><: iviealgaptswe - Plan E: Individual Thank you for participating in the "Pay-It-Easy" program. This statement shows the amount that will be deducted from your bank account on or about the 27th of this month. This amount is different from the amount deducted last month. You will receive another statement only when there is another change to the amount of your premium deduction. You may want to keep this notice with your other monthly bills as a reminder. Your payment will be automatically deducted from your bank account on or about the 27th of each month. NO PAYMENT DUE WITH THIS STATEMENT. SELAT11 SPRAG ?0 U TYA D FREQUENTLY ASKED QUESTIONS ABOUT SILVER SPRING COURTYARDS Where is the Community? Silver Spring Courtyards is an affordable Housing for Older Persons community, reserved for residents 55 years of age or older, located on Ashburg Drive, off the Carlisle Pike next to the Cumberland Valley Educational Campus. Pictures and directions can be found in the Apartment section of our web-site at www.springwood.net. For information call 717-591-1413. What are the Rents? A federal program sets the rents and there are both minimum and maximum income limits that are subject to change without notice. The income limits vary according to the number of persons in your household. For example, the qualifying incomes for one or two person households are shown below. Please call for income limits for larger households. With some restrictions, households with income less than those shown below may be considered with a qualified lease guarantor or Section 8 Voucher. Please call for further details. One-Bedroom: $463 Rum and $19,880 for one person or between $14,187 and $22,720 for two persons.) ? One-Bedroom: $575 (Qualifying annual income ranges between $17,173 and $29,820 for one person or between $17,173 and $34,080 for two persons.) ? Two-Bedroom: $725 (Qualifying annual income ranges between $21,280 and $29,820 for one person or between $21,280 and $34,080 for two persons.) Please Note: Some apartments within the community have different income limits. An applicant's income- eligibility must be determined as it relates to an available apartment. If an applicant does not meet the income requirements for a particular available apartment, they may retain their current place on the waiting list as long as their household income is not less than the minimum or more than the maximum income limits for the community. Special Rules Regarding Student Households. Due to IRS restrictions, households in this community may not be made up entirely of full-time students unless certain conditions are met. Please ask us for further details. How much is the Security Deposit and Application Fee? The Security Deposit is $100 for qualified applicants. For some applicants, a higher security deposit may be required. There is a small non-refundable application fee per applicant. Are any Utilities included? Your rent includes water, sewer and trash. Residents pay their own electric. The apartments are built to Comfort Home standards. This means they are EXTREMELY well insulated and energy-efficient. Our PP&L estimates show that electricity in a one-bedroom unit averages iust $69 per month annually! (Just $73 per month annually for two-bedroom units.) 1 Professionally Managed by Springwood Real Estate Services L? ewsletters, Flyers etc/Silver Spring Courtyards/Frequently Asked Questions SSC 111010 Page 1 of 2 Can I have a Pet? A small lap dog or cat is permitted. An additional pet deposit and monthly pet fee will apply. Pets must be properly licensed and immunized and kept indoors unless they are on a leash and accompanied by their person. Where are the Telephone Jacks and is Cable service available? Telephone jacks are in each bedroom and on the living/dining room wall. Cable connections are provided in the bedroom and the living room. What are the Room Sizes? Approximate dimensions are: 1-Bedroom Apartments: 667 S.F. Bedroom 18' 6" x 10' 0" Living Room 9'3" x 14'6" Dining Room 9'3" x 11'3" Kitchen 13'9" x 8'3" Bathroom 9'7" x 5'6" 2-Bedroom Apartments: 835 S.F Each Bedroom 13' 9" x 10' 5" Living Room 10'5" x 14'9" Dining Room 10'5" x 11' 10" Kitchen 12' 1 " x 8' 0" Bathroom 10' x 8' 8" Is there enough Storage? Each apartment has one large closet in the living room or hall; one linen closet, and each bedroom has a closet. Most bathrooms have a vanity and there is ample cabinet and counter space in the kitchens. What about Laundry Facilities? Each apartment has washer and dryer hook-ups. Residents may provide their own washers and dryers or use the Laundry Room. The Laundry Room features coin-operated washers and dryers. Are Window Coverings provided? Mini-blinds are provided at each window. Residents are welcome to install their own additional window treatments. What is it like living at Silver Spring Courtyards? Each apartment has its own private entrance and front porch. The apartments are built around a beautiful central courtyard. The apartments have wall-to-wall carpeting, with vinyl flooring in the kitchen and bathroom. Residents are invited to plant flowers or enjoy a quiet moment while sitting on one of the benches in the lovely courtyard. Our spacious gazebo seating area is an ideal meeting spot for friends and neighbors. There is also a large Community Room available for Community gatherings that may be reserved for your private functions. What if I want to Garden? Residents with a "green thumb" may show their skill in their own private garden, free of charge. You can also join our Garden Committee to coordinate flowers on the grounds. How about Transportation? Community Transit of Cumberland County provides regularly scheduled service from the Community to the local Silver Spring Commons Shopping Center. You will find a grocery store, a variety of restaurants, a bank, and several clothing stores there. The shopping center is about 11/2 miles away from Silver Spring Courtyards. Are there any Services or Activities? Our Resident Services Coordinator and the Resident's Association coordinate services and activities. The Community Room has a big screen TV with cable, and many activities are held there. Examples of activities include Resident's Association meetings, Potluck dinners, Movie or Game nights, speakers and resources, holiday theme parties, and health and wellness programs. There is also a computer with Internet access that our residents can use free of charge. Sounds Great! How do I apply? Give us a call at (717) 591-1413 and we'll be happy to mail you an application or tell you where to come for faster service. xmewsieccers, Ayers etc/Silver Spring Courtyards/Frequently Asked Questions SSC 122209 Page 2 of 2 _(0 SPRINGWOOD REAL ESTATE SERVICES Resident Selection Criteria LIHTC and HOME Properties NON-DISCRIMINATION POLICY The federal Fair Housing Act (FHA) prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. The Pennsylvania Human Relations Act (PHRA) adds religious creed, ancestry, age, use of guide or support animals because of the blindness, deafness or physical handicap of the user or because the user is a handler or trainer of support or guide animals to the list of protected classes. It is the policy of Springwood Real Estate Services to comply with all sections of these Acts. (Note: Properties designated as `Housing for Older Persons" are exempt from familial status.) PROGRAM ELIGIBILITY REQUIREMENTS In order to be considered for Resident Selection, applicants must first meet eligibility requirements for the IRS Section 42 Low Income Housing Tax Credit (LIHTC) Program, as well as the HUD HOME Program: ¦ Applicant(s) household must be income-eligible according to the income restrictions published annually by HUD and PHFA for the county in which the property is located. (Qualifying Income Worksheet attached) All household income and assets must be disclosed and verified in accordance with the guidelines set forth in the HUD 4350.3 Handbook. ¦ Household cannot be made up entirely of full-time students unless: • Student(s) are married and filing a joint income tax return, • Student(s) are receiving assistance under Title IV of the Social Security Act, • Student(s) are enrolled in a job-training program under the Job Training Partnership Act or similar government program, or • Student is a single parent living with his/her minor children, with no household member being a dependent of another person other than a parent of such children. • Student(s) is/was a recipient of foster care assistance under Part B or E of Title IV of the Social Security Act. Third-party verification will be required. Applications from households made up entirely of full-time students that do not meet these criteria will be rejected. OCCUPANCY REQUIREMENTS BY PROPERTY General Occupancy: Available to all qualified applicants 18 years of age or older and their households. New Freedom Apartments Housing For Older Persons - Age 55 Or Older: Designated and reserved for qualified households in which at least one household member is age 55 or older, and no household member(s) is under the age of 40. At all times, at least 80% of all occupants at the property will be age 55 or older. Should the last household member aged 55 or older vacate the apartment for any reason, the remaining household member(s) must vacate the apartment as set forth in the lease agreement. 1. Shrewsbury Courtyards 2. Silver Spring Courtyards 3. Westminster Place at Stewartstown Housing For Older Persons - Age 62 Or Older: Designated and reserved for qualified households in which all members of the household are age 62 or older. 1. Shrewsbury Courtyards II 2. Silver Spring Gardens 3. Springwood Overlook 4. Stony Brook Gardens R/Policy & Procedure/Policy Manual/Resident Selection Criteria/Resident Section Criteria Tax Credit Page 1 o18 Copyright 0 Springwood Real Estate Services 2010 Rev. 020210 MS SPRINGWOOD REAL ESTATE SERVICES Resident Selection Criteria LIHTC and HOME Properties OCCUPANCY: 1-Bedroom 2-Bedroom: 3-Bedroom: 1-2 people 1-4 people 1-6 people Note: No more than two (2) individuals per bedroom. The applicant must list everyone who is expected to live in the apartment on the application. No one 18 years of age or older (or spouse of any age) can be added to the lease or move into the apartment during the first twelve (12) months of the lease unless they were qualified with the household before the household initially moved in. GENERAL INFORMATION The cost of the apartment community in which you are applying to lease an apartment was financed by funding through a U.S. Department of Housing and Urban Development (HUD) program called the HOME Program, as well as the IRS Section 42 Low Income Housing Tax Credit Program. These programs are not subsidized housing programs or Section 8. Each resident is responsible for the full amount of rent each month. The rental amount is not based on the household's income, rather on the pre-set income limits for the area. The rents are no higher than 30% of the area median income as published by HUD and PHFA. In order for the community to continue to qualify for this funding, there are certain requirements that must be met with respect to the apartment community and its residents. You do not have to provide the required information; however, if you do not, your application to lease an apartment will be rejected or your continued occupancy will be terminated. All applicants must first meet IRS Section 42 Requirements for tax credit eligibility in order to be considered for Resident Selection. To qualify for occupancy, we must determine if you are income- eligible, meet other program requirements,' and meet the Resident Selection Criteria. You will be required to certify as to the accuracy of the information in the application and the results of the examination at the time that you sign your lease. If you are accepted for occupancy, you will be required to recertify your income annually thereafter, for as long as you remain a resident in the apartment community. The information collected will be used solely to determine whether you qualify as a resident, and then annually thereafter as required by these programs. It will not be disclosed without your consent except to your employers or other financial institutions for verification of income and assets, and as permitted by law. All applicants and Lease Guarantors must be able to prove that they have a legal right to be in the United States, either because they are a U.S. citizen or because they have valid documentation from the Bureau of Citizenship and Immigration Service (formerly the U.S. Dept. of Immigration and Naturalization). Applicants who are not U.S. citizens are required to provide proof that they have the legal right to be in the U.S. through the entire lease term. Proof of citizenship or valid immigration status is required. See R/Policy & Procedure/Policy & Procedure Manual/Citizen and Immigration Status policy for acceptable forms of documentation. Applicants or household members who have engaged in or threatened abusive or violent behavior toward management's staff members or residents will be rejected. Applicants must qualify individually under each section of the criteria. The highest security deposit required under any individual section will prevail. R/Policy & Procedure/Policy ManuaUResident Selection Criteria/Resident Section Criteria Tax Credit Page 2 o18 Copyright © Springwood Real Estate Services 2010 Rev. 020210 MS Your New Benefit Amount 1693657 BENEFICIARY'S NAME: RANDA J TODD Your Social Security benefits will increase by 3.6 percent in 2012 because of a rise in the cost of living. You can use this letter when you need proof of your benefit amount to receive food, rent, or energy assistance; bank loans; or for other business. How Much Will I Get And When? • Your monthly amount (before deductions) is $855.00 . • The amount we deduct for Medicare medical insurance is $0.00 . (If you did not have Medicare as of Nov. 17, 2011, or if someone else pays your premium, we show $0.00.) • The amount we deduct for your Medicare prescription drug plan is $0.00 . (If you did not elect withholding as of Nov. 1, 2011, we show $0.00.) • The amount we deduct for voluntary Federal tax withholding is $0.00 . (If you did not elect voluntary tax withholding as of Nov. 17, 2011, we show $0.00.) • After taking any other deductions, we will deposit $855.00 into your bank account on Jan. 3, 2012. If you disagree with any of these amounts, you must write to us within 60 days from the date you receive this letter. We would be happy to review the amounts. What If I Have Questions? Please visit our website at www.socialsecurity.gov for more information and a variety of online services. You also can call 1-800-772-1213 and speak to a representative from 7 a.m. until 7 p.m., Monday through Friday. Recorded information and services are available 24 hours a day. Our lines are busiest early in the week, early in the month, as well as during the week between Christmas and New Year's Day; it is best to call at other times. If you are deaf or hard of hearing, call our TTY number, 1-800-325-0778. If you are outside the United States, you can contact any U.S. embassy or consulate office, or the Veterans Affairs Regional Office in Manila. Please have your Social Security claim number available when you call or visit and include it on any letter you send to Social Security. If you are inside the United States, and need assistance of any kind, you also can visit your local office. 200 S SPRING GARDEN ST CARLISLE PA BNC#: 11B1609K64376 Over ? SOCIAL SECURITY ADMINISTRATION WESTERN PROGRAM SERVICE CENTER PO BOX 2000 RICHMOND CA 94802-1791 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300 Be sure to check out our website: www.socialsecurity.gov FIRST-CLASS MAIL PRESORTED POSTAGE AND FEES PAID SOCIAL SECURITY ADMINISTRATION PERMIT NO. G•11 RANDAJTODD 43 ASHBURG DR STE 24 MECHANICSBURG PA 17050-8242 119111sill 11111111111i?Illldyi'I'1111111111111111161,1111111 Form SSA-4926-SM-DI (1-2012) %Jvul r- Your Benefit Amount 2947759 BENEFICIARY'S NAME: RANDA J TODD Your Social Security benefits are protected against inflation. By law, they increase when there is a rise in the cost of living. The government measures changes in the cost of living through the Department of Labor's Consumer Price Index (CPI). The CPI has not risen since the last cost-of- living adjustment was determined in 2008. As a result, your benefits will not increase in 2011. Please review the other important information in this mailing. You can use this letter when you need proof of your benefit amount to receive food stamps, rent subsidies, energy assis- tance, bank loans, or for other business. How Much Will I Get And When? • Your monthly amount (before deductions) is $825.40. The amount we deduct for Medicare medical insurance is $96.40. (If you did not have Medicare as of Nov 18, 2010, or if someone else pays your premium, we show $0.00.) The amount we deduct for your Medicare prescription drug plan is $0.00. (If you did not elect withholding as of Nov 1, 2010, we show $0.00.) The amount we deduct for voluntary Federal 'tax withholding is $0 00 . (If you did not elect voluntary tax withholding as of Nov 18, 2010, we show $0.00.) After taking any other deductions, we will deposit $729.00 into your bank account on Jan. 3, 2011. What If I Have Questions? Please visit our website at www.socialsecurity.gov for more information and a variety of online services. You also can call 1-800-772-1213 and speak to a representative from 7 a.m. until 7 p.m., Monday through Friday. Recorded information and services are available 24 hours a day. Our lines are busiest early in the week, early in the month, as well as during the week between. Christmas and New Year's Day, it is best to call at other times. If you are deaf or hard of hearing, call our TTY number, 1-800-325-0778. If you are outside the United States, you can contact any U .S. embassy or consulate office, or the Veterans Affairs Regional Office in Manila. Please have your Social Security claim-number available when you call or visit and include it on any letter you send to Social Security. If you are inside the United States, and need assistance of any kind, you also can visit your local office. 200 S SPRING GARDEN ST CARLISLE PA Social Security Administration Retirement, Survivors and Disability Insurance Notice of Award Office of Central Operations 1500 Woodlawn Drive Baltimore, Maryland 21241-1500 Date: October 23, 1999 Claim Number: 562-70-5541HA RANDA J TODD 211 CLAY ST ENOLA, PA 17025-3210 You are entitled to monthly disability benefits beginning September 1999. The Date You Became Disabled We found that you became disabled under our rules on March 26, 1999. However, you have to be disabled for 5 full calendar months in a row before you can be entitled to benefits. For these reasons, your first month of entitlement to benefits is September 1999. What We Will Pay And When • You will receive $613.00 for October 1999 around November 17, 1999. • After that you will receive $613.00 on or about the third Wednesday of each month. • These and any future payments will go to the financial institution you selected. Please let us know if you change your mailing address, so we can send you letters directly. The day we make payments on this record is based on your date of birth. Other Government Payments Affect Benefits We are withholding your Social Security benefits for September 1999. We may have to reduce these benefits if you received Supplemental Security Income (SSI) for this period. When we decide whether or not we will have to reduce your Social Security benefits, we will send you another letter. We will pay you any Social Security benefits you are due for this period. Enclosure(s): Pub 05-10153 C See Next Page RANDA TODD EXPENSE STATEMENT Items Being Paid Monthly Income/Shortfall Rent Out-of Pocket (subject to change) $ 82.00 Food (as can afford) $ - Comcast Xfinity - Phone/Cable/Computer $ 113.55 Electricity $ 70.00 Renters Insurance $ 22.00 Automobile Insurance $ 142.00 Life Insurance $ 30.00 Medigap Blue Insurance $ 151.70 Medicare (subject to change) $ - Automobile Fuel $ 110.00 Rehabilitation Services $ 50.00 Medicine $ 50.00 Credit card $ 40.00 Sub-Total Expenses $ 861.25 Current Social Security Disability Income $ Difference $ Items Cannot Afford Vitamins $ 100.00 Automobile Repairs (Oil Change, etc) $ 50.00 Automobile Fuel $ 50.00 Food $ 250.00 Thrift Store/Clothing $ 20.00 Hair $ 25.00 Household Supplies $ 35.00 Insurance Loan (unless paid in full) $ 50.00 Sub-Total Expenses $ 580.00 Total Expenses $ 1,441.25 Current Social Security Disability Income $ Difference $ 855.00 (6.25) 855.00-1 Redevelopment Authority of the County of Cumberland Dear 4 Housing Authority of the County of Cumberland (717) 249-1315 or 1-866-683-5907 FAX: (717) 249-5988 Enclo are the forms you will need to sign to renew your lease. You must sign at all the RedX and have your landlord or the property manager sign at the Blu . In order tha your rental assistance payments do not lapse; these forms must be returned by the envelope provided. You are responsible to return forms by the req ested date or the landlord's Housing Assistance Payment check will be held or his Direct Deposit will be put on hold until forms are returned. Your share of the rent will be starting i U . If you have any questions regarding this change, please call me at 24 -1 15 or our toll free number, 1-866-683-5907. Please note that our Payment Standards have been lowered effective June 1, 2011. The Payment Standards are used to calculate the amount of the contract rent that the Housing Authority pays. This change does not affect your rental amount this year, but your share of the contract rent may increase at your next lease renewal. Thank you. HOUSINQ AUTHORITY OF CUMBERLAND Dolly L14wig Assistant Rental Assistance Director Enclosures BETTER PLACES, BETTER LIVES... THROUGH INNOVATION AND DEDICATION 11,6 N. HANOVER ST.-STE 10d a CARLISLE, PA 17013-2445 VWWfl/.CCHiRA.COM SILVER SPRING COURTYARDS LEASE RENEWAL ADDENDUM THIS Lease Renewal Addendum dated October 31, 2011 is an addendum to and forms a part of the original lease (the "Lease") dated February 1, 2010 , and including any addenda added later, between Randa Todd, Resident and Silver Spring Courtyards, L.P., Landlord for the apartment located at 43 Ashburg Dr., Suite 24, Mechanicsburg, PA 17050. The Lease is extended for an additional term of twelve months. The Starting Date is February 1, 2012 and the Ending Date is January 31. 2013. The amount due during this renewal is: New Monthly Rent 4$ 76.00 Pet Fee 0 Storage Fee 0 Fitness Fee 0 Internet Fee 0 Total Amount Due $476.00 Starting February 1, 2012 A default under the terms of this Lease Renewal Addendum is a material default under the terms of the Lease, and Silver Spring Courtyards, L.P. is entitled to exercise all rights and remedies at law. In any conflict between the terms of the Lease Renewal Addendum and the terms of the Lease, the terms of this Lease Renewal Addendum control. Any term that is capitalized but not defined in this Lease Renewal Addendum that is capitalized and defined in the Lease has the same meaning for the purposes of this Lease Renewal Addendum as it has for purposes of the Lease. Except as noted above, all other conditions of the Lease remain the same, and no condition of the Lease is waived by any action or non-action in the past. Date Signed Resident Randa Todd Date Signed Resident /I/ Date Signed esi t, Date Signed h Colbert, Executive Vice President Springwood Real Estate Services Agent for Silver Spring Courtyards, L.P. RALeases & Attachments\Silver Spring CourtyardsEease Renewals\2012\24-12\Renewal Form SSC 2nd Year On-f124 Todd.doc V- on"nn Randa Todd Dr ? Apt. 24 43 Ashburg PA 17050 Mechanicsburg, ?Nv- RS°N SMIGEL, ,t s & SAC LLp K ATTORNEYS AT I.AVV March 1, 2012 ?- SERVICES OR PROFESS101`4AL to client F espondence January '26,201' January 2g, 2411 January 31, 2411 February 7, 2011 February 81 2011 Corr Review correspondence from Attorney Serratelli C respondence to client ANN V.LEVIN,E50EIRE PtIONE: (7 234"241 TOLL FREE: i-800-822"976 FACSIM1LE (111) 234"3611 EMAIL; alevinC sasllp•com .sasllp nom W W W File No- 4192-1'4 0 client; draft Answer from e call with to Petition to modify Phone And Counterclaim correspondence Alimony • Revto client client; correspondence er and counterclaim to Revise Answer Modify Alimony; review petition to client; Correspondence from client Correspondence to 0.3 hrs 0.2 hrs 0.3 hrs 2.2 hrs 1.2 hrs ondence to Prothonotse?atelli February 101 2011 Correspondence- to A February Review correspondence from Attorney 18, 2011 Serratelli 0.3 hrs 0.2 hrs 0.3 hrs $54.00 $36.0r $54. $3 011 Correspondence to client February 22, 2 correspondence from court 0.2 hrs Review March 7, 2011 111I0 ylvania PARTNERSHIP HarrisbuBILrg,IPenn' JL 4431 VANIA LIMITED LIA North Front stree A PENNSYL 141 DENNIS M. BERDANIER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 879 CIVIL RANDA J. TODD, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of , 2000, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on August 23, 2000, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, 49/h Geor e E. Hoffer, .J. cc: Hubert X. Gilroy Attorney for Plaintiff LeRoy Smigel and Ann V. Levin PETITIONER'S Attorneys for Defendant EXHIBIT U) ? (D } p ° o 0 U OcCZ a-11 ca >1 -j 0 E co >, CL IL 0 a) w 0. O UWcr? (D 0 OU U "= =2 W a v_ a ??,-I o ? ° r 'o t r a CO N a00 m N A r "o co ? Cv x` N 00 m co Ln Ln o. n vY p' N W 00 2 to Ln r 3m N N F `! E N o to ` Ln x Ln N a U o '? ? x d'; Aa N m " -a c (D ` d to ? O in `S y o) a C y ?. 1 d U :D of U o p_ C ? U C l!7 _ N U- o rn o 2 a N m wx>k d E ?1o' .12 N a w oo O .? A 2 J Of E o C-4N x o m N 61 d d .? C H N M d a M m x a°oo N °-M 5 o In N E Or N w U y Q+ 3M dM Q T T cc r cM m Z` y 3?i' N mM? n Ln ° cr .- M N 4 M N «. 3 U O v «?.a inw 3M, N, c ? M = Nom' ? ?? N W U y ? ? ?: O l4 U N co q L U a (D U > - m _ FE (n rL o fn D Q fn °o M r Of N l`f i E co r ? (DN? O y 2 A O o m y to .= M ? M m c 3• > ?n 3 M o co a FC a M, CO CD ?y N ' w-A o U r) Cn N v m a U d U cD o f U U a o Q• O P4 M N o M E N a w E+ c W I a E wx cc H Ln = E _ w w0 U a N Z N W C4 CD z p v W C] r m O N A (u w N o 61 Z5 co L) N_ ?i d' m H ?'+ £ Wr- EI N W ?? E OFC y rn m ? N r-I N I cc r-I a Ln O m z W M FC c ~F-'+ L4 N w o ? sz N - co H w ra U) N a, , u ? z H CO FC W o7 ' 0 1 o r-1 o 0> z W a r a i a G O d W a 2 1 p Z N F uj w M W QG U w QV G 7 R a jai d VI C N I iy N U E , o)'6 x E Q £6.10 r- to > can N o V C'6 FU WZ8(REV.1nm2) NOTICE OF ANNUITY ADJUSTMENT This notice irftrns you of a change in the amount of your payments. Please read the back of the notice. R YOU have moons, call us or write 11a the address shown below. 6 -15.28 67 +898.00 42 -29.84 °0 43 -21.28 31 -186.54 tee. 1083.00 265_49 1462.57 $ 6 -15.28 67 +898.00 t Z I 42 -30.72 i 43 -20.56 31 -186.54 ors 3 i t 1442.48 1083.00 -285.42 ? 1 ` *SEE BACK FOR LADES FOR OTHER DEDUCTIONS OR ADornONS YOUR PAYMENT DATED: 02(01/2012 UNITED STATES OFRCE OF PERSOIM M MANAGEMENT ¦III¦¦I¦ RET1RFMWff OPERATHM CEMZM , ` '?D Po eox o6 -- - -- w Oa you csA`8?47641? o -- BOYERS PA 18017.0045 COWAar oPu Ramon for a4usen»rt You may am 8W naSce as proof of your afamd rate of awmAy. YOUR HEALTH INSURANCE PREMIUMS HAVE CHANGED. YOUR PREMIUMS HAVE INCREASED FOR FEDERAL DENTAL INSURANCE. DIRECT QUESTIONS TO BENEFEDS AT 1-877-888-3337. YOUR PREMIUMS HAVE DECREASED FOR FEDERAL VISION INSURANCE. DIRECT QUESTIONS TO BENEFEDS AT 1-877-BB8-3337. PETITIONER'S--, EXHIBIT 3 ' -?/,270 M tf 0 a 0 Form: cpolt Pennsylvania State Collection and Disbursement Unit (PA SCDU) IMPORTANT INFORMATION 1. Remit a signed check or money order payable to PA SCDU. DO NOT ENCLOSE CASH OR CORRESPONDENCE. Write the Member ID on the check or money order. Remit coupon with payment. 2. Print the amount paid in the field marked "AMOUNT ENCLOSED". 3. If the address is no longer valid, mark the CHANGE OF ADDRESS box and indicate the changes on the PAYMENT COUPON. 4. Please use the envelopes and coupons provided to remit support payments. DISCARD ANY UNUSED COUPONS. 5. If you have any questions regarding this bill, contact your Domestic Relations Section. I???Illrrrlllr?rrrl,I?Irlr??ll?ll?r,Il??r?rrll,?l?l??rlllr?lrl DENNIS M BERDANIER 421 S ENOLA DR ENOLA PA 17025-3001 VISA / MasterCard / Discover now accepted at 1-800-955-2305 111-104 Cpd1_36.2 If you would like information on additional payment options via credit card payments, recurring automatic withdrawals, or pay-by-phone, contact the PA SCDU Customer Service Unit at 1-877-PAS-SCDU. Other electronic options are available at: • www.e-childspay.com (Visa / MC / Discover) • www.ExpertPay.com (Bank Account Holders) Career Link is your connection - find a new job at www.cwds.state.pa.us PAYER MEMBER ID: 3601000024 SSN: 177-42-1894 Dt5c=: vFR AS OF: 02/03/2012 AMOUNT DUE: $500.00 MONTHLY STATEMENT OF ACCOUNT Attention If you lost your job or get unemployment, drop off the form for a review of your support order at your Domestic Relations Office; check out www.childsupport.state. pa. us Log on as payor - then Forms Cpol 36.2 10993 Access our on-line sevices at www.childsupport.state.pa.us Contact 1-800-829-1040 or www-irs.gov/eitc for more information on the IRS Earned Income Tax Credit (EITC) Program. CASE ID # CURRENT AMOUNT ARREARS BALANCE 403000022 PETITIONER'S EXHIBIT _ 3 a l2 $500.00 $7,711.37 Notice: All bank returns are being sent for private collection. These collection efforts can include electronic collection from your account as well as traditional methods. Your New Benefit Amount A8,657 BENEFICIARY'S NAME: RANDA J TODD Your Social Security benefits will increase by 3.6 percent in 2012 because of a rise in the cost of living. You can use this letter when you need proof of your benefit amount to receive food, rent, or energy assistance; bank loans; or for other business. How Much Will I Get And When? • Your monthly amount (before deductions) is $855.00 . • The amount we deduct for Medicare medical insurance is $0.00 . (If you did not have Medicare as of Nov. 17, 2011, or if someone else pays your premium, we show $0.00.) • The amount we deduct for your Medicare prescription drug plan is $0.00 . (If you did not elect withholding as of Nov. 1, 2011, we show $0.00.) • The amount we deduct for voluntary Federal tax withholding is S0,00- (If you did not elect voluntary tax withholding as of Nov. 17, 2011, we show $0.00.) • After taking any other deductions, we will deposit $855.00 into your bank account on Jan. 3, 2012. If you disagree with any of these amounts, you must write to us within 60 days from the date you receive this letter. We would be happy to review the amounts. What If I Have Questions? Please visit our website at www.socialsecuritygov for more information and a variety of online services. You also can call 1-800-772-1213 and speak to a representative from 7 a.m. until 7 p.m., Monday through Friday. Recorded information and services are available 24 hours a day. Our lines are busiest early in the week, early in the month, as well as during the week between Christmas and New Year's Day; it is best to call at other times. If you are deaf or hard of hearing, call our TTY number, 1-800-325-0778. If you are outside the United States, you can contact any U.S. embassy or consulate office, or the Veterans Affairs Regional Office in Manila. Please have your Social Security claim number available when you call or visit and include it on any letter you send to Social Security. If you are inside the United States, and need assistance of any kind, you also can visit your local office. 200 S SPRING GARDEN ST CARLISLE PA PETITIONER'S EXHIBIT M ?` BNC#: 11B1609K64376 Over ? SOCIAL SECURITY ADMINISTRATION WESTERN PROGRAM SERVICE CENTER PO BOX 2000 RICHMOND CA 94802-1791 OFFICIAL BUSINESS PENALTY FOR PRIVATE USE, $300 Be sure to check out our website: www.socialsecurity.gov FIRST-CLASS MAIL PRESORTED POSTAGE AND FEES PAID SOCIAL SECURITY ADMINISTRATION PERMIT NO. G-tt RANDAJTODD 43 ASHBURG DR STE 24 MECHANICSBURG PA 17050-8242 1111111 111111111111111 is 1111111d11111111111IP k 1-IV I Z) Over ]? i i DENNIS M. BERDANIER, Plaintiff/Petitioner V. RANDA J. TODD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION No. 99-879 CIVIL PACSES NO. 624110738 AMENDED ORDER OF COURT AND NOW, this 8th day of June, 2012, the Opinion and Order of Court dated June 6, 2012, is amended to provide the correct caption above for 99-879 Civil, the Order of Court has been amended but the body of the opinion remains the same. Following the Non-Jury trial and upon consideration of the briefs filed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the Dennis Berdanier's Petition to Modify is GRANTED. The Dennis Berdanier's alimony obligation is TERMINATED. The termination shall be retroactive to December 22, 2010. By the Court, ? Lori K. Serratelli, Esquire Attorney for Berdanier Ann V. Levin, Esquire Attorney for Todd P es yi a.led &f-//.-j ,41G M. L. Ebert, Jr., co CD y CD DENNIS M. BERDANIER, Plaintiff/Petitioner V. RANDA J. TODD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION No. 99-879 CIVIL PACSES NO. 624110738 AMENDED OPINION AND ORDER OF COURT Ebert, J., June 6, 2012- Background Before this Court is Mr. Berdanier's Petition to Modify or terminate alimony payments to Ms. Todd.' Mr. Berdanier ("Petitioner") is 61 years of age and Ms. Todd ("Respondent") is 65 years of age.2 The parties were married in June of 1984.3 This was Petitioner's first marriage and Respondent's second marriage. The marriage lasted approximately 5 years until 1988-1989 when the parties separated.4 On August 23, 2000, the parties entered into an agreement and stipulation resolving the economic issues of their divorce.5 On November 29, 2000, an Order was entered for parties to file a praecipe to transmit the record of the August 23, 2000, proceedings so that a final divorce decree could be entered incorporating the terms of the agreement. Pursuant to the agreement, Petitioner was to pay Respondent $500 per month in alimony.6 ' Petition to Modify, filed Dec. 22, 2010. 2 Notes of Testimony 4, 40 [hereinafter N.T. _]. s N.T. 4, 41. 4 N.T. 4-5. 5 N.T. 3-4; Petitioner's Exhibit 1 [hereinafter Pet.'s Ex. _]. 6 N.T. 6; Pet.'s Ex. 1. 1 Dennis M. Berdanier Petitioner was employed as a woodworker by the Defense Department in New Cumberland, Pennsylvania for the past 30 years.7 Pursuant to the FERS retirement system, Petitioner was eligible for retirement after attaining the age of 60 and completing 30 years of service.8 In October of 2010, Petitioner reached those milestones and retired.9 Petitioner's ending salary was approximately $41,000 a year.10 Currently, Petitioner receives a $1,442.48 monthly annuity payment." Petitioner has a joint checking account and savings account with his current wife with a balance of $1,450 and $3,000, respectively. 12 After retirement, in March 2011, Petitioner was diagnosed with colon cancer. 13 Petitioner's cancer appears to be in remission after surgery and chemotherapy treatments in 2011.14 As a result of the cancer, Petitioner exhibited symptoms including numbness, depression, nausea, and a decrease in energy level. 15 Additionally, Petitioner has learned that he suffers from scarring on his lung that results in a shortness of breath, a deteriorated lower spine, liver damage, and a herniated abdomen which will require additional surgery. 16 Petitioner stated that his current total household expenses were $3,900 per month. 17 These expenses include all household expenses such as utilities, auto insurance, car payments, N.T. 6-7. s N.T. 8. 9 N.T. 8. 1o N.T. 9-11, 28; Pet's Ex. 2. N.T. 11-13; Pet's Ex. 3. 12 N.T. 35-36. 13 N.T. 13. 14 N.T. 13. 15 N.T. 14. 16 N.T. 14-15. "N.T. 31. 2 health insurance, student loans, and food. 18 However, these expenses include costs associated with Petitioner's current wife and thus, the total amount of expenses is less than the $3,900 per month initially estimated. 19 Randa Jean Todd Respondent has an Associate's degree from Harrisburg Area Community College in Human Services. 20 Respondent was employed for 9.5 years with the Department of Commerce as a crew leader or an interviewer with the Census Bureau. 21 Her employment with the federal government ended in 1991.22 After working for the Department of Commerce, Respondent worked as the Director of the Domestic Violence Shelter at the Harrisburg YWCA between 1998-1999.23 Again, this was almost 10 years after the couple separated. Respondent claims that she was fired from the YWCA because she "mentioned" at work that Petitioner had thrown a sawhorse at her. 24 She claims that the YWCA could not have an abused spouse working as a Director of the Domestic Violence Shelter. 25 The Respondent provided no other evidence to support this allegation, and this Court having worked with victims services for many, many years does not find the Respondent's account of her firing credible. In 1999, Respondent filed for and now receives social security disability in the amount of $855 per month due to back and spine related injuries. 26 Since 2001, Respondent has been 18 N.T. 31-33. 19 N.T. 32-33. 20 N.T. 40. 2' N.T. 41. 22 N.T. 42. 2s N.T. 42. 24 N.T. 43. 2s N.T. 43. 26 N.T. 44, 69. 3 4 receiving Medicare. 27 Respondent does not receive any other source of income. 28 Respondent has estimated her monthly expenses at $1,441.25.29 Respondent receives housing assistance from HUD to live in a mid-income apartment for senior citizens. 30 Respondent's rent is $476 per month but only pays $82 per month out of pocket .31 Respondent has an Agency on Aging waiver which provides her help through a worker that does chores around the house such as laundry, cooking, cleaning, and grocery shopping five days a week for 2-5 hours per day. 32 Wegman's provides Respondent with unsold fruits, vegetables and bread.33 Respondent has, in the past, received assistance from the Lions Club for vision screening and glasses. 34 In addition to the county, state, and federal assistance helping Respondent with living expenses, she has received help from her church community and son. 35 Respondent has been diagnosed with a multitude of medical conditions. 36 Respondent's past and present medical conditions include, inter alia, breast cancer, atrial defibrillation, shortness of breath, kidney stones, arthritis, shingles, depression, bladder incontinence, visual impairment, obesity, and hypothyroidism. 37 Respondent is on a regimen of medications and vitamins to regulate her illnesses. 38 For the past two years Respondent has been using a wheelchair, however, she can self-transfer in and out of the wheelchair when necessary and operates an accessible van. 39 Although Respondent's doctors have recommended back surgery, 27 N.T. 45. 28 N.T. 45. 29 Respondent's Exhibit 9 [hereinafter Res.'s Ex. _]. 30 N.T. 39-40. 31 N.T. 40, 60. 32 N.T. 54. 33 N.T. 60. 3a N.T. 56. " N.T. 60. 36 N.T. 51-52. 37 N.T. 52. "N.T. 71. 39 N.T. 73. 4 she has refused the surgery because "it is just too invasive for [her] .,W) Respondent has qualified to live in a skilled nursing facility, but she has decided to remain living on her own.41 Discussion "[T]he Divorce Code expressly provides that any alimony order may be modified, suspended, terminated, reinstated or a new order made upon changed circumstances." McFadden v. McFadden, 563 A.2d 180, 183 (Pa. Super. 1989) (internal quotations omitted). An obligor may seek a modification of an existing alimony order when the changed economic circumstances are continuous and substantial. Id. at 182. "Pennsylvania case law clearly establishes that retirement can serve as the basis for the changed circumstances of a substantial and continuing nature necessary to modify an alimony award." Id. at 183 (noting that voluntary retirement qualifies as a substantial change). In considering a modification of an alimony award "the court must consider all relevant, including those statutorily prescribed for at 23 Pa.C.S.A. § 3701, Alimony, (b) Relevant Factors (1)-(17)." Isralsky v. Isralsky, 824 A.2d 1178, 1188 (Pa. Super. 2003). The factors enumerated in section 3701 used in determining the "nature, amount, duration and manner of payment of alimony" are as follows: (1) The relative earning and earning capacities of the parties. (2) The ages and the physical, mental and emotional conditions of the parties. (3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. (4) The expectations and inheritances of the parties. (5) The duration of the marriage. ao N.T. 72. ai N.T. 71. 5 (6) The contribution by one party to the education, training or increased earning power of the other party. (7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. (8) The standard of living of the parties established during the marriage. (9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. (10) The relative assets and liabilities of the parties. (11) The property brought to the marriage by either party. (12) The contribution of a spouse as homemaker. (13) The relative needs of the parties. (14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions). (15) The Federal, State and local tax ramifications of the alimony award. (16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs. (17) Whether the party seeking alimony is incapable of self-support through appropriate employment. 23 Pa.C.S.A. § 3701(b)(1)-(17). After a review of the record, this Court grants Petitioner's request to modify or terminate alimony. Petitioner's voluntary good faith retirement is a change in his economic situation that is both continuous and substantial. See McFadden, 563 A.2d at 183. Petitioner's changed circumstances allow him the opportunity to demonstrate why the existing alimony order should 6 be modified or terminated. See id. at 184. An analysis of all factors in light of the record has led this Court to conclude that Petitioner's obligation to provide alimony to Respondent should be terminated. In the case sub judice, the determinative factors weigh in favor of terminating the existing alimony order. Petitioner is now in his early 60s and facing a substantial decrease in earning and earning capacity with his retirement. In addition to a decrease in earning, Petitioner's health has declined since his diagnosis and treatment of colon cancer. Additionally, Petitioner suffers from depression and other physical conditions, such as scarring of his lungs, which are only now being diagnosed and treated. Furthermore, the record does not indicate that 1) Respondent contributed overly significantly to the marital estate, 2) made extraordinary contributions as the homemaking spouse, or 3) was a factor in increasing Petitioner's earning capacity during marriage. Regarding the length of marriage, Petitioner and Respondent's marriage lasted only approximately 5 years, from 1984-1989. During the parties' period of separation and before their divorce, Petitioner provided Respondent with support. After their divorce in 2000, Petitioner has continued to faithfully pay $500 per month in alimony to Respondent.42 Petitioner has been supporting Respondent three times longer than the actual length of their marriage. Although this Court is sympathetic to Respondent's numerous medical conditions, the length of the marriage and cohabitation between Petitioner and Respondent in comparison to the amount of time Petitioner has been paying alimony and would be required to continue to pay alimony with a reduced income, is inequitable. See Teodorski v. Teodorski, 857 A.2d 194, 201 (Pa. Super. 2004) (citing DeMarco v. DeMarco, 787 A.2d 1072, 1081 (Pa. Super. 2001)). Therefore, after a review 12 Since November 2010, Petitioner has an arrears balance of $7,711.37 as of Feb. 3, 2012 for payments made to the Pennsylvania State Collection and Disbursement Unit. 7 of the record in consideration of section 3701(b) factors, this Court finds that Petitioner's alimony obligation is terminated. Accordingly, the following Order is entered: ORDER OF COURT AND NOW, this 8th day of June, 2012, the Opinion and Order of Court dated June 6, 2012, is amended to provide the correct caption above for 99-879 Civil, the Order of Court has been amended but the body of the opinion remains the same. Following the Non-Jury trial and upon consideration of the briefs filed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the Dennis Berdanier's Petition to Modify is GRANTED. The Dennis Berdanier's alimony obligation is TERMINATED. The termination shall be retroactive to December 22, 2010. By the Court, - 1k -? ?1 0 - - - M. L. Ebert, Jr., J. Lori K. Serratelli, Esquire Attorney for Berdanier Ann V. Levin, Esquire Attorney for Todd 8 RANDA J. TODD, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99-879 CIVIL TERM DENNIS M. BERDANIER, IN DIVORCE Defendant/Respondent PACSES Case No: 403000022 ORDER OF COURT U CZ) C) -'7'"• AND NOW to wit, this 12th day of June, 2012, it is hereby Ordered tfi-kjhe?,j Cumberland County Domestic Relations Section dismiss their interest in the above captioned alimony matter, pursuant to the order of June 6, 2012, terminating the alimony obligation and the balance being paid in full. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: tk -1 ?" ?v M. L. Ebert, Jr., 11 6 J. DRO: R.J. Shadday xc: Petitioner Respondent Ann V. Levin, Esq. Lori K. Serratelli, Esq. Form OE-001 Service Type: M Worker: 21005 >r f HE I'R0T>-IONOT` IRY 2912 JUN 29 AM 10: 33 CUM %,AND CUU?1TY SMIGEL, ANDERSON & SACKS, LLP P1 LVANIA Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin a?sasllp.com Attorney for Defendant/Respondent DENNIS BERDANIER, : IN THE COURT OF COMMON PLEAS PLAINTIFF/PETITIONER : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 99 - 879 PACSES NO. 403000022 RANDA J. TODD, DEFENDANT/RESPONDENT: CIVIL ACTION - DIVORCE/SUPPORT NOTICE OF APPEAL Notice is hereby given that Defendant, Randa J. Todd, above named, by and through her attorneys, Smigel, Anderson & Sacks, LLP, hereby appeals to the Superior Court of Pennsylvania from the Order entered in this matter on the 6th day of June, 2012 and Amended Order entered on the 8th day of June, 2012. These orders have been entered on the docket as evidenced by the attached copy of the docket entry. A true and correct copy of the Request for Transcript served on the court reporter simultaneously with the filing of this Notice is attached. Date.- y --- /,)-- : SMIGEL, ANDERSON & SACKS, LLP rr ? By Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3rd flr. Harrisburg, PA 17110 (717)234-2401 Attorney for Defendant/Respondent % S1. 00,0 a"q a 4 32GCi 8 fzk07-?S T SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID 470259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(a)saslIV..coin Attorney for Defendant/Respondent DENNIS BERDANIER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. RANDA J. TODD, DEFENDANT/RESPONDENT To: Marie Farley, Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 DOCKET NO. 99 - 879 PACSES NO. 403000022 CIVIL ACTION - DIVORCE/SUPPORT REQUEST FOR TRANSCRIPT A Notice of Appeal having been filed in this matter, you are requested to produce, certify and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Date: C aC ?-- SMIGEL, ANDERSON & SACKS, LLP By: Ann . Levin, Esquire I.D.#: 70259 4431 North Front Street, 3`d flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant/Respondent SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID 470259 4431 North Front Street, and Flr Harrisburg, PA 17110-1778 (717) 234-2401 alevinoa sasllp.com Attorney for Defendant/Respondent DENNIS BERDANIER, IN THE COURT OF COMMON PLEAS PLAINTIFF/PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 99 - 879 PACSES NO. 403000022 RANDA J. TODD, DEFENDANT/RESPONDENT: CIVIL ACTION - DIVORCE/SUPPORT CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above captioned matter, do hereby certify that I served a true and correct copy of the foregoing Notice of Appeal and Request for Transcript on the following persons by hand-delivery or by depositing same in the U.S. Mail, first class., postage paid, on the 29th day of June, 2012, which service satisfies the requirements of Pa.R.A.P. 121, addressed as follows: The Honorable M.L. Ebert, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Marie Farley, Court Reporter Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Lori K. Serratelli, Esquire Serratelli, Schiffman & Brown 2080 Linglestown Rd., Ste. 201 Harrisburg, PA 17110 SMIGEL, ANDERSON & SACKS, LLP Y• Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3rd flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant/ Respondent RANDA J. TODD, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION DENNIS M. BERDANIER, No. 99-879 CIVIL Defendant/Petitioner : PACSES NO. 6241.10738 ORDER OF COURT AND NOW, this 6`h day of June, 2012, following the Non-Jury trial and upon consideration of the briefs filed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition to Modify is GRANTED. The Defendant's alimony obligation is TERMINATED. The termination shall be retroactive to December 22, 2010. Ann V. Levin, Esquire Attorney for Plaintiff Lori K. Serratelli, Esquire Attorney for Defendant H?' 1 t By the Court, - 1*? A"4_ ?\4 M. L. Ebert, Jr., J. ! __7 RANDA J. TODD, Plaintiff/Respondent v. DENNIS M. BERDANIER, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION No. 99-879 CIVIL PACSES NO. 624110738 OPINION AND ORDER OF COURT Ebert, J., June 6, 2012- Back2round Before this Court is Mr. Berdanier's Petition to Modify or terminate alimony payments to Ms. Todd.' Mr. Berdanier ("Petitioner") is 61 years of age and Ms. Todd ("Respondent") is 65 years of age .2 The parties were married in June of 1984.3 This was Petitioner's first marriage and Respondent's second marriage. The marriage lasted approximately 5 years until 1988-1989 when the parties separated.4 On August 23, 2000, the parties entered into an agreement and stipulation resolving the economic issues of their divorce.5 On November 29, 2000, an Order was entered for parties to file a praecipe to transmit the record of the August 23, 2000, proceedings so that a final divorce decree could be entered incorporating the terms of the agreement. Pursuant to the agreement, Petitioner was to pay Respondent $500 per month in alimony. ' Petition to Modify, filed Dec. 22, 2010. '' Notes of'restimony 4, 40 [hereinafter N.T. 3 N.T. 4, 41. 4 N.T. 4-5. 5 N.T. 3-4; Petitioner's Exhibit 1 [hereinafter Pet.'s Ex. 6 N.T. 6; Pet.'s Ex. 1. Dennis M. Berdanier Petitioner was employed as a woodworker by the Defense Department in New Cumberland, Pennsylvania for the past 30 years.' Pursuant to the FERS retirement system, Petitioner was eligible for retirement after attaining the age of 60 and completing 30 years of service.8 In October of 2010, Petitioner reached those milestones and retired.9 Petitioner's ending salary was approximately $41,000 a year.10 Currently, Petitioner receives a $1,442.48 monthly annuity payment.11 Petitioner has a joint checking account and savings account with his current wife with a balance of $1,450 and $3,000, respectively.12 After retirement, in March 2011, Petitioner was diagnosed with colon cancer. 13 Petitioner's cancer appears to be in remission after surgery and chemotherapy treatments in 2011.14 As a result of the cancer, Petitioner exhibited symptoms including numbness, depression, nausea, and a decrease in energy level. 15 Additionally, Petitioner has learned that he suffers from scarring on his lung that results in a shortness of breath, a deteriorated lower spine, liver damage, and a herniated abdomen which will require additional surgery. 16 Petitioner stated that his current total household expenses were $3,900 per month. 17 These expenses include all household expenses such as utilities, auto insurance, car payments, 7 N.T. 6-7. s N.T. 8. 9 N.T. 8. N.T. 9-11, 28; Pet's Ex. 2. " N. T. 11-13; Pet's Ex. 3. 1' N. 1'. 35-:36. 13 N.T. 13. 14 N.T. 13. N.T. 14. 16 N.T. 14-15. 17 N.T. 31. 2 health insurance, student loans, and food, 18 However, these expenses include costs associated with Petitioner's current wife and thus, the total amount of expenses is less than the $3,900 per month initially estimated. 19 Randa Jean Todd Respondent has an Associate's degree from Harrisburg Area Community College in Human Services.20 Respondent was employed for 9.5 years with the Department of Commerce as a crew leader or an interviewer with the Census Bureau .21 Her employment with the federal government ended in 1991.22 After working for the Department of Commerce, Respondent worked as the Director of the Domestic Violence Shelter at the Harrisburg YWCA between 1998-1999.23 Again, this was almost 10 years after the couple separated. Respondent claims that she was fired from the YWCA because she "mentioned" at work that Petitioner had thrown a sawhorse at her.24 She claims that the YWCA could not have an abused spouse working as a Director of the Domestic Violence Shelter. 25 The Respondent provided no other evidence to support this allegation, and this Court having worked with victims services for many, many years does not find the Respondent's account of her firing credible. In 1999, Respondent filed for and now receives social security disability in the amount of $855 per month due to back and spine related injuries.26 Since 2001, Respondent has been "N.T. 31-33. 19 N.T. 32-33. 2' N.T. 40. 21 N.T. 41. 2-' N.T. 42. " N.T. 42. 24 N.T. 43. " N.T. 43. '-e N. T. 44, 69 3 receiving Medicare.27 Respondent does not receive any other source of income.28 Respondent has estimated her monthly expenses at $1,441.25.29 Respondent receives housing assistance from HUD to live in a mid-income apartment for senior citizens.30 Respondent's rent is $476 per month but only pays $82 per month out of pocket. 31 Respondent has an Agency on Aging waiver which provides her help through a worker that does chores around the house such as laundry, cooking, cleaning, and grocery shopping five days a week for 2-5 hours per day. 32 Wegman's provides Respondent with unsold fruits, vegetables and bread.33 Respondent has, in the past, received assistance from the Lions Club for vision screening and glasses. 34 In addition to the county, state, and federal assistance helping Respondent with living expenses, she has received help from her church community and son.35 Respondent has been diagnosed with a multitude of medical conditions Y' Respondent's past and present medical conditions include, inter alia, breast cancer, atrial defibrillation, shortness of breath, kidney stones, arthritis, shingles, depression, bladder incontinence, visual impairment, obesity, and hypothyroidism. 37 Respondent is on a regimen of medications and vitamins to regulate her iIlnesses.38 For the past two years Respondent has been using a wheelchair, however, she can self-transfer in and out of the wheelchair when necessary and operates an accessible van. 39 Although Respondent's doctors have recommended back surgery, 27 N.7.45. '-$ N.T. 45. 29 Respondent's Exhibit 9 [hereinafter Res.'s Ex. 3' N.T. 39-40. " N.T. 40, 60. 32 N.T. 54. 33 N.T. 60. 34 N.T. 56. 35 N.T. 60. 36 N.T. 51-52. 37 N.T. 52. "N.T_ 71. 39 N.T. 73- 4 she has refused the surgery because "it is just too invasive for [her] ,,40 Respondent has qualified to live in a skilled nursing facility, but she has decided to remain living on her own.41 Discussion "[T]he Divorce Code expressly provides that any alimony order may be modified, suspended, terminated, reinstated or a new order made upon changed circumstances." McFadden v. McFadden, 563 A.2d 180, 183 (Pa. Super. 1989) (internal quotations omitted). An obligor may seek a modification of an existing alimony order when the changed economic circumstances are continuous and substantial. Id, at 182. "Pennsylvania case law clearly establishes that retirement can serve as the basis for the changed circumstances of a substantial and continuing nature necessary to modify an alimony award." Id. at 183 (noting that voluntary retirement qualifies as a substantial change). In considering a modification of an alimony award "the court must consider all relevant, including those statutorily prescribed for at 23 Pa.C.S.A. § 3701, Alimony, (b) Relevant Factors (1)-(17)." Isralsky v. Isralsky, 824 A.2d 1178, 1188 (Pa. Super. 2003). The factors enumerated in section 3701 used in determining the "nature, amount, duration and manner of payment of alimony" are as follows: (1) The relative earning and earning capacities of the parties. (2) The ages and the physical, mental and emotional conditions of the parties. (3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. (4) The expectations and inheritances of the parties. (5) The duration of the marriage. 40 N.'r. 72. 41 N.T. 71. 5 (6) The contribution by one party to the education, training or increased earning power of the other party. (7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. (8) The standard of living of the parties established during the marriage. (9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. (10) The relative assets and liabilities of the parties. (11) The property brought to the marriage by either party. (12) The contribution of a spouse as homemaker. (13) The relative needs of the parties. (14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions). (15) The Federal, State and local tax ramifications of the alimony award. (16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs. (17) Whether the party seeking alimony is incapable of self-support through appropriate employment. 23 Pa.C.S.A. § 3701(b)(1)-(17). After a review of the record, this Court grants Petitioner's request to modify or terminate alimony. Petitioner's voluntary good faith retirement is a change in his economic situation that is both continuous and substantial. See McFadden, 563 A.2d at 183. Petitioner's changed circumstances allow him the opportunity to demonstrate why the existing alimony order should 6 be modified or terminated. See id. at 184. An analysis of all factors in light of the record has led this Court to conclude that Petitioner's obligation to provide alimony to Respondent should be terminated. In the case sub judice, the determinative factors weigh in favor of terminating the existing alimony order. Petitioner is now in his early 60s and facing a substantial decrease in earning and earning capacity with his retirement. In addition to a decrease in earning, Petitioner's health has declined since his diagnosis and treatment of colon cancer. Additionally, Petitioner suffers from depression and other physical conditions, such as scarring of his lungs, which are only now being diagnosed and treated. Furthermore, the record does not indicate that 1) Respondent contributed overly significantly to the marital estate, 2) made extraordinary contributions as the homemaking spouse, or 3) was a factor in increasing Petitioner's earning capacity during marriage. Regarding the length of marriage, Petitioner and Respondent's marriage lasted only approximately 5 years, from 1984-1989. During the parties' period of separation and before their divorce, Petitioner provided Respondent with support. After their divorce in 2000, Petitioner has continued to faithfully pay $500 per month in alimony to Respondent.42 Petitioner has been supporting Respondent three times longer than the actual length of their marriage. Although this Court is sympathetic to Respondent's numerous medical conditions, the length of the marriage and cohabitation between Petitioner and Respondent in comparison to the amount of time Petitioner has been paying alimony and would be required to continue to pay alimony with a reduced income, is inequitable. See Teodorski v. Teodorski, 857 A.2d 194, 201 (Pa. Super. 2004) (citing DeMarco v. DeMarco, 787 A.2d 1072, 1081 (Pa. Super. 2001)). Therefore, after a review 42 Since November 2010, Petitioner has an arrears balance of $7,711.37 as of Feb. 3, 2012 for payments made to the Pennsylvania State Collection and Disbursement Unit. 7 of the record in consideration of section 3701(b) factors, this Court finds that Petitioner's alimony obligation is terminated. Accordingly, the following Order is entered: ORDER OF COURT AND NOW, this 6th day of June, 2012, following the Non-Jury trial and upon consideration of the briefs filed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition to Modify is GRANTED. The Defendant's alimony obligation is TERMINATED. The termination shall be retroactive to December 22, 2010. By the Court, M. L. Ebert, Jr., J. Ann V. Levin, Esquire Attorney for Plaintiff Lori K. Serratelli, Esquire Attorney for Defendant 8 j DENNIS M. BERDANIER, Plaintiff/Petitioner V. RANDA J. TODD, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION No. 99-879 CIVIL PACSES NO. 624110738 AMENDED ORDER OF COURT AND NOW, this 8`h day of June, 2012, the Opinion and Order of Court dated June 6, 2012, is amended to provide the correct caption above for 99-879 Civil, the Order of Court has been amended but the body of the opinion remains the same. Following the Non-Jury trial and upon consideration of the briefs filed by the parties, IT IS HEREBY ORDERED AND DIRECTED that the Dennis Berdanier's Petition to Modify is GRANTED. The Dennis Berdanier's alimony obligation is TERMINATED. The termination shall be retroactive to December 22, 2010. By the Court, M. L. Ebert, Jr., -L7 3? r. ? - t ? Lori K. Serratelli, Esquire r l ??- Attorney for Berdanier cn ?" 71 Y M l J Ann V. Levin Esquire Mw - , Attorney for Todd C ` C-) Z_ &P : e s ?• LJ PYS511 Cumberland County Prothonotary's Office Page 1 Civil Case Print. 1999-00879 BERDANIER DENNIS M (vs) TODD RANDA J Reference No... Case Type ..... . COMPLAINT Judgment.... Judge Assigned: EBERT M L Disposed Desc.: GRANTED ------------ Case Comments DIVORCE .00 JR Filed........ Time. Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: 2/16/1999 3:45 0/00/0000 3/14/2001 ******************************************************************************** General Index Attorney Info BERDAINER DENNIS M PLAINTIFF GILROY HUBERT X 421 SOUTH ENOLA DRIVE ENOLA PA 17025 TODD RANDA J :DEFENDANT 211 CLAY STREET WEST FAIRVIEW PA 17025 ******************************************************************************** * Date Entries ******************************************************************************** - - - FIRST ENTRY - - - - - - - - - - - - - - 2/16/1999 COMPLAINT - DIVORCE ------------------------------------------------------------------- 2/16/1999 AFFIDAVIT UNDER SECTION 3301D OF THE DIVORCE CODE ------------------------------------------------------------------- 3/26/1999 COUNTER-AFFIDAVIT UNDER 3301(D) OF THE DIVORCE CODE ------------------------------------------------------------------- 9/29/1999 ACCEPTANCE OF SERVICE ------------------------------------------------------------------- 9/29/1999 MOTION FOR APPOINTMENT OF DIVORCE MASTER ------------------------------------------------------------------- 10/01/1999 ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ AS MASTER ------------------------------------------------------------------- 1/10/2000 PETITION RAISING ECONOMIC ISSUES BY HUBERT X GILROY ESQ ADDITIONAL COUNT - EQUITABLE DISTRIBUTION ------------------------------------------------------------------- 2/11/2000 MOTION FOR APPOINTMENT OF MASTER BY ANN V LEVIN ESQ ------------------------------------------------------------------- 2/11/2000 DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT -------------------------------------------------------------------- 11/29/2000 ORDER OF COURT - DATED 11/29/00 - IN RE AGREEMENT AND STIPULATION RESOLVING THE ECONOMIC ISSUES ON 8/23/00 - APPOINTMENT OF MASTER IS VACATED - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 11/29/00 -------------------------------------------------------------------- 12/18/2000 AFFIDAVIT OF CONSENT -- PLAINTIFF -------------------------------------------------------------------- 12/18/2000 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF -------------------------------------------------------------------- 2/23/2001 AFFIDAVIT OF CONSENT -- DEFENDANT -------------------------------------------------------------------- 2/23/2001 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT -------------------------------------------------------------------- 2/28/2001 AFFIDAVIT OF SERVICE -------------------------------------------------------------------- 2/28/2001 PRAECIPE TO TRANSMIT RECORD -------------------------------------------------------------------- 3/14/2001 DIVORCE DECREE ENTERED BY GEORGE E HOFFER P J NOTICE MAILED -------------------------------------------------------------------- 3/09/2009 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - DATED 3/9/09 - BY EDGAR B BAYLEY J --------------------------------------------------------------------- 11/15/2010 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - DATED 11/15/10 - BY KEVIN A HESS PJ ----------------------•----------------------------------=---- ----- 12/22/2010 PETITION TO MODIFY - BY LORI K SERATELLI ATTY FOR DEFT ---------------------------------------------------------------------- 12/22/2010 PETITION TO MODIFY - BY LORI K SERRATELLI ATTY FOR. DEFT --------------------------------------------------------------------- 1/11/2011 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT --DATED 1/.10/1;1 -"BY THE COURT M L EBERT JR J TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the penal of said C urt at Carliste, Pa. This r? -lday of 20 4 - f j rQ 00 laao P honotary Of I" PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print. 1999-00879 BERDANIER DENNIS M (vs) TODD RANDA J Reference No..: Filed........: 2/16/1999 Case Tyyppe.....: COMPLAINT - DIVORCE Time......... 3:45 Judgment..... - .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 3/14/2001 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ------------------------------------------------------------------- 1/24/2011 RULE TO SHOW CAUSE DATED 1-24-11 UPON PETITION RULE IS HEREBY GRANTED UPON PLFF TO SHOW CAUSE WHY THE RELIEF SHOULD NOT BE GRANTED - RULE RETURNABLE 20 DAYS FROM DATE OF SERVICE - BY THE COURT M L EBERT JR J - COPIES MAILED 1-24-11 ------------------------------------------------------------------- 2/14/2011 ANSWER AND COUNTERCLAIM TO PETITION TO MODIFY - BY ANN V LEVIN ATTY FOR PLFF ------------------------------------------------------------------- 2/23/2011 ANSWER TO COUNTERCLAIM FOR CONTEMPT - BY LORI K SERATELLI ATTY FOR PETITIONER ------------------------------------------------------------------- 2/23/2011 PRAECIPE FOR LISTING CASE FOR NONJURY TRIAL BY - LORI K SERATELLI ATTY FOR PETITIONER ------------------------------------------------------------------- 3/03/2011 ORDER OF COURT - 3/1/11 IN RE: NON JURY TRIAL - BY M L EBERT JR J - COPIES MAILED 3/3/11 ------------------------------------------------------------------- 3/22/2011 MOTION FOR CONTINUANCE - BY LORI K SERRATELLI ATTY FOR DEF ------------------------------------------------------------------- 3/24/2011 ORDER - 3/24/11 IN RE: MOTION FOR CONTINUANCE - THE DEADLINE FOR THE FILING OF THE PRE TRIAL MEMORANDUM IS CONTINUED TO 5/26/11 - BY THE COURT M L EBERT JR J - COPIES MAILED 3/24/11 ------------------------------------------------------------------- 5/03/2011 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - BY KEVIN A HESS PJ ------------------------------------------------------------------- 5/26/2011 RESPONDENT'S PRE-TRIAL MEMORANDUM - BY ANN V LEVIN ATTY FOR RESPONDENT RANDA J TODD ------------------------------------------------------------------- 6/01/2011 ORDER OF COURT - 5/31,/11 IN RE: NON JURY TRIAL - THE NON JURY TRIAL WILL BE HELD ON 9/9/11 AT 9:00 AM IN CR2 CUMBERLAND COUNTY COURTHOUSE - BY THE COURT M L EBERT JR J - COPIES MAILED 6/1/11 ------------------------------------------------------------------- 7/18/2011 CERTIFICATE OF SERVICE - PLFF/RESPONDENT'S INTERROGATORIES - BY ANN V LEVIN ATTY FOR PLFF ------------------------------------------------------------------- 7/18/2011 CERTIFICATE OF SERVICE - PLFF/RESPONDENT'S PRODUCTION OF DOCUMENTS - BY ANN V LEVIN ATTY FOR PLFF ------------------------------------------------------------------- 9/06/2011 CERTIFICATE OF SERVICE - ANSWER TO INTERROGATORIES - BY ANN V LEVIN ATTY FOR PLFF -------------------------------------------------------------------- 9/06/2011 CERTIFICATE OF SERVICE - ANSWER TO REQUEST - BY ANN V LEVIN ATTY FOR PLFF -------------------------------------------------------------------- 9/14/2011 PLAINTIFF'S MOTION FOR CONTINUANCE - BY ANN V LEVIN ATTY FOR PLFF -------------------------------------------------------------------- 9/20/2011 DECREED THAT /THE HEARING SCHEDULED R OFR N9/9/11rCIS CONTINUED - ORDERED AND 3/2/12 @ 9:00 AM IN CR 2 4TH FLR CUMB CO COURTHOUSE - BY THE COURT M L EBERT JR J - COPIES MAILED 9/20/11 ------------------------------------------------------------------- 3/01/2012 CERTIFICATE OF SERVICE - NOTICE TO ATTEND AND PRODUCE ON COUNSEL FOR DEFT - BY ANN V LEVIN ATTY FOR PLFF/TODD -------------------------------------------------------------------- 6/07/2012 ORDER OF COURT - 6/6/12 - IN RE: ORDERED AND DIRECTED THAT DEFT'S PETITION TO MODIFY IS GRANTED - DEFT'S ALIMONY OBLIGATION IS COURTNMTLDEBERTRJRNJTIOCOPIESLMAILEDT6/7/12VE TO 12/22/12 - BY THE -------------------------------------------------------------------- 6/08/2012 AMENDED ORDER OF COURT - 6/8/12 - OPINION AND ORDER OF COURT DATED 6/6/12 IS AMENDED TO PROVIDE THE CORRECT CAPTION ABOVE - THE ORDER OF COURT HAS BEEN AMENDED BU THE BODY OF THE OPINION REMAINS THE SAME - FOLLOWINT THE NON-JURY TRIAL AND UPON CONSIDERATION OF THE BRIEFS FILED BY THE PARTIES - IT IS HEREBY ORDERED AND DIRECTED THAT DENNIS BERDANIER'S PETITION TO MODIFY IS GRANTED - THE DENNIS BERDANIER'S ALIMONY OBLIGATION IS TERMINATED - THE TERMINATION SHALL BE RETROACTIVE TO 12/22/10 - BY THE COURT M L EBERT JR J PYS511 Cumberland County Prothonotary's Office Page Civil Case Print: 1999-00879 BERDANIER DENNIS M (vs) TODD PANDA J Reference No..: Filed........: 2/16/1999 Case Type Judgment ..... : COMPLAINT - DIVORCE 00 Time........ 3:45 . Judge Ass .... . igned: EBERT M L JR Execution Date Jury Trial.... 0/00/0000 Disposed Desc.: GRANTED Case Comment --- Disposed Date. 3/14/2001 s ------ ---- Higher Crt 1.: Higher Crt 2.: COPIES MAILED 6/8/12 6/13/2012 ------------------------- ORDER OF COURT - 6/12/12 --------------------------------- - IN RE: DRO - TERMINATING THE AL --------- IMONY OBLIGATION AND BALANCE PD --------------- IN FULL - BY THE COURT M L EBERT JR J 6/29/2012 ---------- NOTICE OF APPEAL - TO THE --------------------------------- SUPERIOR COURT - BY ANN V LEVIN --------- ATTY FOR DEFT 6/29/2012 ------------------------- REQUEST FOR TRANSCRIPT - ---------------------------------- BY ANN V LEVIN ATTY FOR DEFT --------- - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Be*q*Bal***P*ymts/Adl End Bal ******************************** **** ****** ******************************* DIVORCE 35.00 35.00 00 TAX ON CMPLT .50 .50 . .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 00 JCP FEE 5.00 5.00 . .00 ADD'L COUNTS 10.00 10.00 00 JCP FEE 5.00 5.00 . .00 PRAECIPE TRIAL 25.00 25.00 .00 APPEAL HIGH CT 57.00 -------------- 57.00 -- .00 277.50 -------- --- 277.50 --------- .00 * End of Case Information ******************************************************************************** Qfh ICA i Karen Reid Bramblett, Esq. Prothonotarv Middle District Mary A. Graybill, Esq. Deputy Prothonotary July 5, 2012 Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Randa J. Todd V. Dennis M. Berdanier Appellant 1187 MDA 2012 Trial Court Docket No: 6uperior Court of flennopibania 99-879 CIVIL PACSES NO. 624110738 Dear David D. Buell: Pennsylvania Judicial Cenger 1'.O. Box 624,16 601 Coinrnon-calth Avenue, Suite 16 0 Harrisburg, PA 17106-24 5 (717) 772-12 4 -ww.superior.000rt.state.pa, its rnw f'ri rr C t - r -V cnr- -< tO r i C' (D C° Enclosed please find a copy of the docket for the above appeal that was recently filed in Superior Court. Kindly review the information on this docket and notify this office in writing if believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517 for completion and filing. Please note that Superior Court Dockets are available on the Internet a the Web site address printed at the top of this page. Thank you. Respectfully yours, Mary A. Graybill, Esq. Deputy Prothonotary /vsl Enclosure 4:53 P.M. App; al Docket Sheet Docket Number: 1187 MDA 2012 Page 1 of 2 July 5, 2012 CAPTION Randa J. Todd v. Dennis M. Berdanier Appellant CASE INFORMATION Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: July 2, 2012 Awaiting Original Record Journal Number: Case Category: Domestic Relations Case Type(s) CONSOLIDATED CASES SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received COUNSEL INFORMATION Appellant Todd, Randa J. Pro Se: No Appoint Counsel Status: Represented IFP Status: No Attorney: Levin, Ann Veronica Bar No: 070259 Law Firm: Smigel, Anderson & Sacks, L.L.P. Address: 4431 N Front St Superior Court of Pennsylvania Secure Spousal Support RELATED CASES Next Event Due Date: July 19, 2012 Next Event Due Date: August 28, 2012 Harrisburg, PA' 17110 Phone No: (717) 234-2401 Fax No: (717) 234-3611 Receive Mail: Yes Receive EMail: No Appellee Berdanier, Dennis M. Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Serratelli, Lori Karen Bar No: 027426 Address: Serratelli, Schiffman & Brown, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 Phone No: (717) 540-9170 Fax No: (717) 540-5481 Receive Mail: Yes Receive EMail: No 4:53 P.M. Y Appeal Docket Sheet Docket Number: 1187 MDA 2012 Page 2 of 2 July 5, 2012 BRIEFING SCHEDULE FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 07/02/2012 Notice of Appeal 73.50 07/02/2012 2012-SPR-M-000631 73.50 AGENCY/TRIAL COURT INFORMATION " Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil D` Order Appealed From: June 8, 2012 Judicial District: 09 Documents Received: July 2, 2012 Notice of Appeal Filed: June 29, 2012 Order Type: Order Entered OTN(s): Lower Ct Docket No(s):99-879 CIVIL PACSES NO. 624110738 Lower Ct Judge(s): Ebert, Merle L., Jr. Judge sion ORIGINAL' RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: None Filed Date Docket Entry / Representin July 2, 2012 Notice of Appeal Docketed DOCKET ENTRY Superior Court of Pennsylvania Secure None i Filed By Appellant Todd, Randa J. July 5, 2012 Docketing Statement Exited (Domestic Relations) Middle District Filing DENNIS M. BERDANIER, Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION RANDA J. TODD, : No. 99-879 CIVIL -1?1111y Defendant/Respondent : PACSES NO. 624110738 - ORDER OF COURT AND NOW, this 10th day of July, 2012, the Court being in receipt of a notice of appeal in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Appellant file a concise statement of the errors complained of on appeal on c before July 31, 2012; 2. The Statement shall be filed of record; 3. The Statement shall be served on this Court pursuant to Pa.R.A.P., Rule 1925(b) (1); IT IS FURTHER ORDERED AND DIRECTED that any issue not properly included in the Statement shall be deemed waived. J Lori K. Serratelli, Esquire Attorney for Plaintiff By the Court, ra -? 3 r- ? rl.'? C'Mi FU c r it v Ann V. Levin, Esquire Attorney for Defendant ,2jG L bas w C rV DENNIS M. BERDANIER, Plaintiff/Petitioner V. RANDA J. TODD, Defend ant/Respondent IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENNSYLVA IA DOMESTIC RELATIONS SECTION No. 99-879 CIVIL PACKS NO. 403000022 AMENDED ORDER OF COURT AND NOW, this 12th day of July, 2012, the Order of Court dated July 10, 2012, amended to provide the correct PACSES Docket No. as 403000022. The remainder the Order shall be in full force and effect. Lori K. Serratelli, Esquire Attorney for Plaintiff Ann V. Levin, Esquire Attorney for Defendant bas By the Court, c? N c air- ? ? N v r. a cy -r? ?-a r ,L y SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3`d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin i)sas11p.com Attorney for Defendant/Respondent DENNIS BERDANIER, PLAINTIFF/PETITIONER V. RANDA J. TODD, DEFENDANT/RESPONDENT -T) • C't7 c C?, IN THE COURT OF COMMON PLEAS ?v CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 99 - 879 PACSES NO. 403000022 CIVIL ACTION - DIVORCE/SUPPORT STATEMENT OF MATTERS COMPLAINED OF ON APPEAL 1. The trial court abused its discretion in concluding that alimony should be terminated by misapplying the factors set forth in 23 Pa.C.S.A. § 3701, including but not to the following factors: a. The relative earning and earning capacities of the parties; b. The ages and the physical, mental and emotional conditions of the c. The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits; d. The relative assets and liabilities of the parties; e. The relative needs of the parties; £ Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs; and g. Whether the party seeking alimony is incapable of self-support through appropriate employment. 2. The trial court erred in failing to find Plaintiff/Petitioner in Contempt. 3. The trial court erred in failing to award Defendant/Respondent legal fees. Respectfully Submitted, Date: SMIGEL, ANDERSON & 4$jkCKS, y: Ann V. Levin, Esquire I.D#: 70259 4431 North Front Street, 3rd flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant Respondent SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID #70259 4431 North Front Street, 3rd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin[ct?sasllp.com Attorney for Defendant/Respondent DENNIS BERDANIER, PLAINTIFF/PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. RANDA J. TODD, DEFENDANT/RESPONDENT DOCKET NO. 99 - 879 PACSES NO. 403000022 CIVIL ACTION - DIVORCE/SUPPORT CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant/Respondent in the above captioned matter, do hereby certify that I served a true and correct copy of the foregoing Statement of Matters Complained of on Appeal on the following persons on the 31" day of July, 2012, service satisfies the requirements of Pa.R.A.P. 121, addressed as follows: The Honorable M.L. Ebert, Jr. - Hand-Delivery Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Court Administrator - Hand-Delivery Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Lori K. Serratelli, Esquire - U.S. Mail, First Class, postage paid Serratelli, Schiffman & Brown 2080 Linglestown Rd., Ste. 201 Harrisburg, PA 17110 By: SMIGEL, ANDERSON & SACKS, LLP f ?f Ann ''. Levin, Esquire I.D.#: 70259 4431 North Front Street, 3rd flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant/Respondent CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Superior Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DENNIS M. BERDANIER Vs. RANDA J. TODD 1999-879 CIVIL TERM 1187 MDA 2012 The documents comprising the record have been numbered from No. 1 to 214, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8/17/2012. ~ ~ id . Bu 1, Pr t onotary Alma Kostj revac, Deputy An additional copy of this certificate is enclosed Please Bien and date copy, thereby acknowlede~ne receipt of this record. Reeei~red in Superlflr Court Date Signature & Titl~q(J~ 2 U 21112 MIDDY CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Superior Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DENNIS M. BERDANIER Vs. RANDA J. TODD 1999-879 CIVIL TERM 1187 MDA 2012 The documents comprising the record have been numbered from No. 1 to 214, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8/17/2012. David D. Buell, Prothonotary Alma Kostjerevac, Deputy An additional copy of this certificate is enclosed. Please sisn and date copy, thereby aclcnowledsine receiat of this record. Date Signature & Title C:'ommomvealth of Pennsvhania County of Cumberland ss, t, David D. Buell ,Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein DENNIS M. BERDANIER Plaintiff. and RANDA J. TODD Defendant, as the same remains of record before the said Court at No. 99-879 of Civil Term. [n "1-ESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seat of said Court this 17TH da}' of UG ST A. D., 2012 ~~~ ~ ./• (J~ L~'I Proth ncz ~t y {, Kevin A. Hess President .lodge of the Ninth .ludicial t?istrict, composed of the County of Cumberland, da certify that -____ David D. Buell by wham the annexed record, certificate and attestation were made and given, and who, in his o~vn proper handwriting, thereunto subscribed his name and rtffixed the seal af~ the Court of Common Pfeas of said County, was, ai thetime of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and yuahfied to alt of whose acts as such fulf faith <ind credit are and ought to be given as well in Courts of judicature as elsewhere, and tha~he said record, certificate and attestation are in due form of law and made by the~per officer. President .ludge Commonwealth of Pennsylvania / County of Cumberland ss: I David D. Buell Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A. Hess by wham the foregoing attestation was made. and who has thereunto subscribed his name, was, at the tame of making thereof, and still is President.ludge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to alk whose acts as such full faith and credit are and ought to be given, as well in Courts of ,judicature as elsewhere. IN TESTIMONY ~~'HEKEOF, 1 have hereunto set my hand and affixed the seal of said Court this TH day { UGUST ,~, p. 2012 . /C~~ (D f~• ~(/ ~C Nre~t ~n in No. Term l9 No. 1999-879 Civil Term 1187 MDA 2012 DENNIS M. BERDANIER Versus RANDA J. TODD EXEMPI,IF[ED RECORD From Cumberland Count Y Debt, $ Int. from Costs Entered and Filed Prothonotary. Among the Records and Proceedings enrolled in the court of Common Pleas in and far the Cumberland county c'' in the Commanwealth of Pennsylvania 1999-879 to No, 1187 MDA 2012 Term; 19 is contained the fallowing: COPY OF Appearance DOCKET ENTRY DENNIS M. BERDANIER vs. RANDA J. TODD **SEE CERTIFIED COPY OF DOCKET ENTERIES** ~.~iuiuc.~.iai.iu ~.vula~.y _v~x.v:.~v~ct_ v ~ t Vl:-11.C Civil Case Print X999-00879 BERDANIER DENNIS M (vs) TODD RANDA J Reference No..: Case Type...... COMPLAINT Judgment. Judge Assigned: EBERT M L Disposed Desc.: GRANTED ------------ Case Comments DIVORCE .00 JR Filed......... Time...... Execution Date Jury Trial.... Disposed Date. Higher Crt 1.: Higher Crt 2.: .-a~~ 2; 16/1999 3:45 0,00/0000 3 14/2001 118~MDA2012 *~************~*************X;t****:t********:t******~*************,r******i~******** General Index Attorney Info BERDAINER DENNIS M PLAINTIFF GILROY HUBERT X 421 SOUTH ENOLA DRIVE ENOLA PA 17025 TODD RANDA J DEFENDANT 211 CLAY STREET WEST FAIRVIEW PA 17025 *********************************************************************** * Date Entries - - - FIRST ENTRY - - - - - - - - - - /-~j2/16/1999 COMPLAINT - DIVORCE ----------------------------------------------------------- C,~ 2/16/1999 AFFIDAVIT UNDER SECTION 33O1D OF THE DIVORCE CODE ----------------------------------------------------------- ~- ~ 3/26/1999 COUNTER-AFFIDAVIT UNDER 3301(D) OF THE DIVORCE CODE ----------------------------------------------------------- f0-tl 9/29/1999 ACCEPTANCE OF SERVICE ----------------------------------------------------------- 12 -t3 9/29/1999 MOTION FOR APPOINTMENT OF DIVORCE MASTER 12-(310/01/1999 /~f- 15' 1/10/2000 ~6'~~ 2/11/2000 -~ 2/11/2000 ,3-3111/29/2000 3 2-3312/18/2000 3~-33 12/18/2000 3y-3S2/23/2001 3Y-3S 2/23/2001 36-342/28/2001 3`--`~~ 2/2s/2oo1 ~/_ [fz 3/14/2001 [f3- ~S'3/09/2009 c~b~~gll/15/2010 ~-SS' 12/22/2010 ~~~ 1/11/2011 tf % 1/24/2011 ******** ******** ----------------------------------------------------------- ------- ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ AS MASTER ----------------------------------------------------------- ------- PETITION RAISING ECONOMIC ISSUES BY HUBERT X GILROY ESQ ADDITIONAL COUNT - EQUITABLE DISTRIBUTION ----------------------------------------------------------- ------- MOTION FOR APPOINTMENT OF MASTER BY ANN V LEVIN ESQ ----------------------------------------------------------- ------- DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT ----------------------------------------------------------- ------- ORDER OF COURT - DATED 11/29/00 - IN RE AGREEMENT AND STIPU TION ISSVACATEDTHEBYCOHEMCOURTSGEOR~E E/HOFFER PJPCOPIESEMAI~ED 1/29/00 ----------------------------------------------------------- ------- AFFIDAVIT OF CONSENT - PLAINTIFF ----------------------------------------------------------- ------- WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DEC EE-PLFF ----------------------------------------------------------- ------- AFFIDAVIT OF CONSENT - DEFENDANT ----------------------------------------------------------- ------- WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DEC EE-DEFT ----------------------------------------------------------- ------- AFFIDAVIT OF SERVICE ----------------------------------------------------------- ------- PRAECIPE TO TRANSMIT RECORD ----------------------------------------------------------- ------- DIVORCE DECREE ENTERED BY GEORGE E HOFFER P J NOTICE MAILED ------------------------------------------------------------------- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - DATED 3/9/09 BY EDGAR B BAYLEY J ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - DATED 11/15/1 - BY KEVIN A HESS PJ ------------------------------------------------------------------- PETITION TO MODIFY - BY LORI K SERRATELLI ATTY FOR DEFT ------------------------------------------------------------------- ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - DATED 1/10/11 - BY THE COURT M L EBERT JR J ------------------------------------------------------------------- RULE TO SHOW CAUSE DATED 1-24-11 UPON PETITION RULE IS HERE Y a sv-. i.i L.. µ:t t~.1GL 1Ca.l ll.l VV µ1A l.Y CLVl.l/V11V l.Q1y .7 VLLLI..G CQyC Civil Case Print 1999-00879 BERDANIER DENNIS M (vs) TODD RANDA J Reference No..: Filed........: 2/16/1999 Case Ty e.....: COMPLAINT - DIVORCE Time........ 3:45 Judgmen~......: .00 Execution Date 0,/00/0000 DisposedsDescaaseBRCommentsJR------------ Higheredr~aie: 118 14/2001 ----------- MD 2012 Higher Crt 2.: GRANTED UPON PLFF TO SHOW CAUSE WHY THE RELIEF SHOULD NOT B GRANTED - RULE RETURNABLE 20 DAYS FROM DATE OF SERVICE - BY THE COURT M L EBERT JR J - COPIES MAILED 1-24-11 ----------------------------------------------------------- ------- S'~j-(o.~ 2/14/2011 ANSWER AND COUNTERCLAIM TO PETITION TO MODIFY - BY ANN V LE IN ATTY FOR PLFF `6~6~ 2/23/2011 PETITIONERCOUNTERCLAIM FOR CONTEMPT - BY LORI K SERATELLI A TY FOR ----------------------------------------------------------- ------- ZO 2/23/2011 PRAECIPE FOR LISTING CASE FOR NONJURY TRIAL BY - LORI K SE TELLI ATTY FOR PETITIONER ----------------------------------------------------------- ------- ~(~ 3/03/2011 ORDOPIES MAILED 3/3/111 IN RE: NON JURY TRIAL - BY M L EBE T JR J ----------- ------------------------------------ ------- '73-Ito 3/22/2011 MOTION FOR CONTINUANCE - BY LORI K SERRATELLI ATTY FOR DEF 1 2 3/24/2011 ORDER - 3/24 11 IN RE: MOTION FOR CONTINUANCE - THE DEADLIN FOR BYETHELCOUR~~MTLEEBERTTJRAJ MECOPIES MAILED03%2~ED TO 5/26 11 - ----------------------------------------------------------- ------- ~3-75 5/03/2011 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - BY KEVIN A HE S PJ ----------------------------------------------------------- ------- 7~ _8~ 5/26/2011 RESPONDENT'S PRE-TRIAL MEMORANDUM - BY ANN V LEVIN ATTY FOR RESPONDENT RANDA J TODD ----------------------------------------------------------- ------- ~~ 6/01/2011 ORDER OF COURT - 5/31/11 IN RE: NON JURY TRIAL - THE NON JU Y TRIAL WILL BE HELD ON 9/9/11 AT 9:00 AM IN CR2 CUMBERLAND C LINTY COURTHOUSE - BY THE COURT M L EBERT JR J - COPIES MAILED 6/ /11 O ----------------------------------------------------------- ------- 63 7/18/2011 CERTIFICATE OF SERVICE - PLFF/RESPONDENT'S INTERROGATORIES BY ANN V LEVIN ATTY FOR PLFF ----------------------------------------------------------- ------- ~~ 7/18/2011 CEBYIANNAVELEVINEATTYEFORPPLF~RESPONDENT'S PRODUCTION OF DO UMENTS ----------------------------------------------------------- ------- ~S 9/06/2011 CERTIFICATE OF SERVICE - ANSWER TO INTERROGATORIES - BY ANN V LEVIN ATTY FOR PLFF ----------------------------------------------------------- ------- ~G 9/06/2011 FORTPLFFATE OF SERVICE - ANSWER TO REQUEST - BY ANN V LEVIN ATTY ----------------------------------------------------------- ------- ~~+ fl9/14/2011 PLAINTIFF'S MOTION FOR CONTINUANCE - BY ANN V LEVIN ATTY FO PLFF ---------/-------------------------------------------------- ------- ~1 9/20/2011 DEDREED THAT/THE HEARING S~HEDULEDROFRN9/9/11CIS CONDINUED O M/L/EBERT9JROJ~ COPIES2MAILEDL9/20/B1C0 COURTHOUSE - BY TH COURT ----------------------------------------------------------- ------- 8~ 3/01/2012 FORTDEFTATEBYF~SNRVILEVINNATTYEFOR PLFF/DODDD PRODUCE ON CO SEL ------------------------------------------------------------------- 8(~-q~ 6/07/2012 OHATIDEFT~'S PETITION TOUMODIFY/ISIGRANTEDRE~DEFDESEAL MONDI ECTED OBLIGATION IS TERMINATED - TERMINATION SHALL BE RETROACTIVE TO 12/22/12 - BY THE COURT M L EBERT JR J - COPIES MAILED 6/7/ 2 ------------------------------------------------------------------- L~8 -~b 6/08/2012 AMENDED ORDER OF COURT - 6/8/12 - OPINION AND ORDER OF COUR DATED 6/6/12 IS AMENDED TO PROVIDE THE CORRECT CAPTION ABOVE - TH ORDER OF COURT HAS BEEN AMENDED BU THE BODY OF THE OPINION REMAIN THE SAME - FOLLOWINT THE NON-JURY TRIAL AND UPON CONSIDERATION F THE BRIEFS FILED BY THE PARTIES - IT IS HEREBY ORDERED AND DIRE TED THAT DENNIS BERDANIER'S PETITION TO MODIFY IS GRANTED - THE ENNIS BERDANIER'S ALIMONY OBLIGATION IS TERMINATED - THE TERMINATI N SHALL BE RETROACTIVE TO 12/22/10 - BY THE COURT M L EBERT J J COPIES MAILED 6/8/12 ~,~, _ _JJ__~ l-UlllAlC110.1 J.1.i ~.V U.11U~/ ' V1.11V1!V L0.1y -... V~111:C Civil Case Print 3999-00879 BERDANIER DENNIS M (vs) TODD RANDA J c Reference No... Filed......... 2/16/1999 Case Ty e.....: COMPLAINT - DIVORCE Time........ 3:45 Judgmen~..... .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 3X14/2001 ------------ Case Comments ------------- Higher Crt 1.: 118 MD 2012 Higgher Crt 2.: ~~r] 6/13/2012 ORDER OF COURT - 6/12/12 - IN RE: DRO - TER1oIINATING THE ALI~ONY OBLIGATION AND BALANCE PD IN FULL - BY THE COURT M L EBERT R J (p8_(2~ 6/29/2012 DEFTCE OF APPEAL - TO THE SUPERIOR COURT - BY ANN V LEVIN A'~TY FOR fQCI 6/29/2012 REQUEST FOR TRANSCRIPT - BY ANN V LEVIN ATTY FOR DEFT 12s-~~"17/09/2012 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1187 MI l~,$7/11/2012 ORDER OF COURT DATED 7-10-12 IN RE APPELLANT FILE A CONCISE STATEMENT BY JULY 31 2012 - BY THE COURT M L EBERT JR J - CC MAILED 7-11-12 ------------------------------------------------------------ j.2 7/12/2012 AMENDED ORDER OF COURT - DATED 7-12-12 IN RE AMENDED PASCES NUMBER - REMAINDER OF ORDER SHALL BE FULL FORCE AND EFFECT - L EBERT JR J - COPIES MAILED 7-12-12 ------------------------------------------------------------ r3 p..r33 7/31/2012 FORTDEFTT OF MATTERS COMPLAINED OF ON APPEAL - BY ANN V LEV7 ------------------------------------------------------------ '3~_2f3 8/17/2012 ON o3/02/12FINECR#2 BEFOREITHENCOURTTMRLIEBERTNJRFJALIMONY - ------------------------------------------------------------ 8/17/2012 NOTICE OF DOCKET ENTRIES MAILED TO ANN VERONICE LEVIN ESQ AP KAR!EN//SERRATELLI ESQ 2 (L{ _ _ _~ ~J~C ~ f b~ ~~ - - - - - - - - - LAST ENTRY - - - - - - - - - - * Escrow Information * Fees & Debits Beq Bal Pmts/Ad~ End Bal DIVORCE 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 5.00 5..00 .00 PRAECIPE TRIAL 25.00 25.00 .00 APPEAL HIGH CT 57.00 57.00 .00 -------------- 277.50 ---------- --- 277.50 --------- .00 A 2012 PIES DOCKET BY M N ATTY D LORI ******** * * ******** ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In Testimony whereof, f base unto set my hand and the seal of said Co at CarNsla, Pa. Th~S /7 day _„~~'~~_, 20 ~- ~~ a DENNIS M. BERDANIER, Plaintiff/Petitioner v. RANDA J. TODD, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV DOMESTIC RELATIONS SECTION No. 99-879 CIVIL PACSES NO. 403000022 IN RE: OPINION PURSUANT TO Pa. R.A.P. 1925(a) Ebert, Jr., J., August 21, 2012 - On December 22, 2010, Dennis Berdanier, filed a Petition to Modify requesting termination of his obligation to pay alimony. Non-Jury trial in the matter was held on March 3, 2012. The parties filed proposed findings of fact and conclusions of law and on June 6, 2012, an Order was entered by this Court granting Dennis Berdanier's Petition to Modify. His alimony obligation was terminated retroactive to December 22, 2010. The Appellant appealed this Order on June 29, 2012. She raises the following matters on appeal: 1. The trial court abused its discretion in concluding that alimony should be terminated by misapplying the factors set forth in 23 Pa.C.S.A. §3701... 2. The trial court erred in failing to find the Plaintiff/Petitioner in Contempt. 3. The trial court erred in failing to award Defendant/Respondent legal fees. This opinion is filed pursuant to Pa.R.A.P. 1925 (a) to supplement our prior IA opinion filed on June 6, 2012 in this case. The record indicated that Appellee had r faithfully paid all his required alimony until he retired and filed his Petition to Modify or December 22, 2010. The Cumberland County Domestic Relations Office had agreed hold the alimony order in abeyance pending this Court's decision regarding the Petitio to Modify. Accordingly, this Court did not find that Appellee had willfully breached the order of alimony and he was not held in contempt. Given this result and in the exercis of its discretion, this Court did not feel that an award of attorney's fees was appropriate Our previous opinion of June 6, 2012, adequately discusses the consideration the factors outlined in 23 Pa.C.S.A. §3701(b). The standard of review in cases such a this is to determine "whether the trial court has, in deciding the case, abused its discretion; that is, committed not merely an error of judgment but has overridden or misapplied the law, or has exercised judgment which is manifestly unreasonable, or th product of partiality, prejudice, bias or ill will as demonstrated by the evidence of record." Dudas v. Pietrzykowski, 849 A.2d 582 (Pa. 2004). While the decision made k this Court in this case, given the age, health and situation of both parties, was difficult, was not an abuse of discretion or a manifestly unreasonable judgment. By the Court, / Lori K. Serratelli, Esquire Attorney for Berdanier / Ann V. Levin, Esquire Attorney for Todd ~p~e5 ~.u.led ~/~~~i~ M. L. Ebert, Jr., J. 2 LL , ,., ., ,,..-y, ._ '~ :::~ '_ ~ ~~ N r :.~= :+= C`, ~:.~+ }_ . _,, _~ =., ;,-• , CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Superior Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DENNIS M. BERDANIER Vs. RANDA J. TODD 1999-879 CIVIL TERM 1187 MDA 2012 The documents comprising the record have been numbered from No. 215 to 216, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8/24/2012. ~ s ~ ~ ~~ id D. Bu 1, P othonotary Alma Kostjerevac, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title ~v~~~ern~~~aL Commomvealth of Pennsylvania S5: County of Cumberland (, David D. Buel( ,Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein DENNIS M. BERDANIER Plaintiff, and RANDA J. TODD Defendant, as the same remains of record before the said Court at No. 1999-879 of Civil Term. /1$7 MQA'~0! In TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed the seal of said Court 24th day of August A. D., 2012 this Prothonotar<~ 1, Kevin A. Hess President Judge of the Ninth .)udicial District, composed of the County of Cumberland, do certify that -- David D. Buell by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit arc and ought to be given as well in Courts of judicature as elsewhere, and tha the said record, certificate and attestation are in due form of law and made by th~ roper officer. / President lodge Commonwealth of Pennsylvania <// County of Cumberland ss. I David D. Buell Prothonotary i~f the Court of Common Pleas in and for the said County, do certify tha[ the Honorable Kevin A. Hess by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of Quarter Sessions of the Pcacc in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit arc and ought to he given, as well in Courts of judicature as elsewhere. IN TES"hIMONY WHEREOF, I have hereunto set my hand and affixed the seal oC said Court this 24th day of August ,q, p, 2012 Pruihnnoiare No. Term 19- No 1999-879 CIVIL TERM Civil Term 1187 MDA 2012 DENNIS M. BERDANIER Versus RANDAJ.TODD From EXEMPi.IFIED RECORD Cumberland County Debt, $ 1 nt. from Costs Entered and Filed Pro[honotary. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county ~ '' in the Commonwealth of Pennsylvania 1999-879 CIVIL TERM to No. l 187 MDA 2012 Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY DENNIS M. BERDANIER vs. RANDA J. TODD **SEE CERTIFIED COPY OF DOCKET ENTERIES** ___ _ ~..uttt.i.ic.~lctllu ~.vuit~y r~v~_l.tv!.iv~a.ly 7 VLL1l:C ayc i Civi=_ Case ?rant 1999-00879 BERDANIER DENNIS M (v;~) TODD RANDA J Reference No... Filed......... 2'/16/1999 Case Tye.....: COMPLAINT - DIVORCE Time........ 3:45 Judgmen ... .00 Execution Date 0',/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: GRANTED Dispposed Date. 3/14/2001 ------------ Case Comments ------------- HigIzer Crt 1.: 1187MDA2012 Higher Crt 2.: i ~k*;F~F****Eck:F~F*ic**ic:Fic****:t**k**9cic*ic***~F~k~t*1c*ic~t~F***~Fic~F~k***~rie~F*iric~k********* General Index Attorney Info BERDAINER DENNIS M PLAINTIFF GILROY HUBERT X 421 SOUTH ENOLA DRIVE ENOLA PA 17025 TODD RANDA J DEFENDANT 211 CLAY STREET WEST FAIRVIEW PA 17025 * Date Entries ~-02/16/1999 COMPLAINT - DIVORCE FIRST ENTRY - - - - - - - - - - - - - - ----------------------------------------------------------- ------- (f 2/16/1999 AFFIDAVIT UNDER SECTION 3301D OF THE DIVORCE CODE ----------------------------------------------------------- ------- rl-x13/26/1999 COUNTER-AFFIDAVIT UNDER 3301(D) OF THE DIVORCE CODE ----------------------------------------------------------- ------- (p-/-9/29/1999 ACCEPTANCE OF SERVICE ----------------------------------------------------------- ------- f2.(3 9/29/1999 MOTION FOR APPOINTMENT OF DIVORCE MASTER ----------------------------------------------------------- ------- I2-1,3 10/01/1999 ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ AS MASTER ----------------------------------------------------------- ------- ~~_(,s-1/10/2000 ~DITIONALACOUNT ECEQUITABLESDISTRIBU~ONT X GILROY ESQ ----------------------------------------------------------- ------- (6-/7 2/11/2000 MOTION FOR APPOINTMENT OF MASTER BY ANN V LEVIN ESQ ----------------------------------------------------------- ------- 19-2L2/11/2000 DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT ----------------------------------------------------------- ------- Q/ 3111/29/2000 ORDER OF COURT - DATED 11/29/00 - IN RE AGREEMENT AND STIPU ATION RESOLVING THE ECONOMIC ISSUES ON 8/23/00 - APPOINTMENT OF STER IS VACATED - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 1/29/00 ----------------------------------------------------------- ------- ,g2-3312/18/2000 AFFIDAVIT OF CONSENT - PLAINTIFF ----------------------------------------------------------- ------- 3~-33 12/18/2000 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DEC EE-PLFF ----------------------------------------------------------- ------- 3y-352/23/2001 AFFIDAVIT OF CONSENT - DEFENDANT ----------------------------------------------------------- ------- 3cf-3 62/23/2001 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DEC EE-DEFT ----------------------------------------------------------- ------- 36'38 2/28/2001 AFFIDAVIT OF SERVICE ----------------------------------------------------------- ------- 3Q_c(p2/28/2001 PRAECIPE TO TRANSMIT RECORD ----------------------------------------------------------- ------- cf(-~/~3/14/2001 DIVORCE DECREE ENTERED BY GEORGE E HOFFER P J NOTICE MAILED ----------------------------------------------------------- ------- cf3-N'.i~3/09/2009 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - DATED 3/9/09 BY EDGAR B BAYLEY J Gfb~~(~11/15/2010 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - DATED 11/15/1 - BY KEVIN A HESS PJ ----------------------------------------------------------- ------- ~_~-12/22/2010 PETITION TO MODIFY - BY LORI K SERRATELLI ATTY FOR DEFT ----------------------------------------------------------- ------- ~_~ 1/11/2011 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT - DATED 1/10/11 - BY THE COURT M L EBERT JR J ----------------------------------------------------------- ------- ~~( 1/24/2011 RULE TO SHOW CAUSE DATED 1-24-11 UPON PETITION RULE IS HERE Y _ _ _ ._ _O~J___ l.. tJJ.IIUCt!dl.'.V. l..V l.LA 1l_y ._ V'-!'.V'.'.V '-dL ~/,_ V!_J_!_C:C 2'd U_C Civil Case~Print . , X999-00879 BERDANIER DENNIS M (vs) TODD RANDA J Reference No... Filed......... 2'/16/1999 Case Ty e.....: COMPLAINT - DIVORCE Time........ 3:45 Judgmen~..... .00 Execution Date 0!/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 3/14/2001 ------------ Case Comments ------------- Higher Crt l.: 1187MDA2012 Higher Crt 2.: GRANTED UPON PLFF TO SHOW CAUSE WHY THE RELIEF SHOULD NOT B GRANTED - RULE RETURNABLE 20 DAYS FROM DATE OF SERVICE - BY THE COURT M L EBERT JR J - COPIES MAILED 1-24-11 ------------------------------------------------------------------- S4-6S 2/14/2011 ANSWER AND COUNTERCLAIM TO PETITION TO MODIFY - BY ANN V LE IN ATTY FOR PLFF ------------------------------------------------------------------- ~p6-G q 2/23/2011 ANSWER TO COUNTERCLAIM FOR CONTEMPT - BY LORI K SERATELLI A TY FOR PETITIONER ------------------------------------------------------------------- ~~ 2/23/2011 PRAECIPE FOR LISTING CASE FOR NONJURY TRIAL BY - LORI K SE TELLI ATTY FOR PETITIONER -------------------- ~~ 3/03/2011 ORDER OF COURT - 3/1/11 IN RE NON JURY TRIAL - BY M L EBE T JR J - COPIES MAILED 3/3/11 ~/ r// ----------------------------------------------------------- ------- 13-(!0 3/22/2011 MOTION FOR CONTINUANCE - BY LORI K SERRATELLI ATTY FOR DEF ~.~ 3/24/2011 OHEEFILING20F1THENPRE~TRIALOMEMORANDUMIISACONTINUED T0~5/26 110R BY THE COURT M L EBERT JR J - COPIES MAILED 3/24/11 7'5-75 ----------------------------------------------------------- ------- 5/03/2011 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT BY KEVIN A HE S PJ ----------------------------------------------------------- ------- ~6-8~ 5/26/2011 RESPONDENT'S PRE-TRIAL MEMORANDUM - BY ANN V LEVIN ATTY FOR RESPONDENT RANDA J TODD -------------------------------------------- ------- 2 6/01/2011 ORDER OF COURT - 5/31/11 IN RE: NON JURY TRIAL - THE NON JU Y COURTHOUSE BEBYETDEOCOURT/MILAEBERTOJR JIN COPIESMMAI EL DD6/ %11Y ----------------------------------------------------------- ------- 83 7/18/2011 CERTIFICATE OF. SERVICE - PLFF/RESPONDENT'S INTERROGATORIES BY ANN V LEVIN ATTY FOR PLFF ----------------------------------------------------------- ------- ~~ 7/18/2011 CERTIFICATE OF SERVICE - PLFF/RESPONDENT'S PRODUCTION OF DO UMENTS - BY ANN V LEVIN ATTY FOR PLFF ----------------------------------------------------------- ------- ~S 9/06/2011 CERTIFICATE OF SERVICE - ANSWER TO INTERROGATORIES - BY ANN V LEVIN ATTY FOR PLFF ----------------------------------------------------------- ------- Q 9/06/2011 CERTIFICATE OF SERVICE - ANSWER TO REQUEST - BY ANN V LEVIN ATTY FOR PLFF ----------------------------------------------------------- ------- 8~'~09/14/2011 PLAINTIFF'S MOTION FOR CONTINUANCE - BY ANN V LEVIN ATTY FO PLFF ----------------------------------------------------------- ------- 8`~ 9/20/2011 ORDER - 9/20/11 - IN RE: MOTION FOR CONTINUANCE - ORDERED D DECREED THAT THE HEARING SCHEDULED OFR 9/9/11 IS CONTINUED 0 M/L/EBERT9JROJ~ COPIES2MAILEDL9/20/B1C0 COURTHOUSE - BY TH COURT ----------------------------------------------------------- ------- 3/01/2012 FORTDEFTATEBOF~SNRVILEVINNATTYEFOR PLFF/DODDD PRODUCE ON CO SEL ----------------------------------------------------------- ------- ~~7 6/07/2012 OPINION AND ORDER OF COURT - 6/6/12 - IN RE: ORDERED AND DI ECTED THAT DEFT'S PETITION TO MODIFY IS GRANTED - DEFT'S ALIMONY OBLIGATION IS TERMINATED - TERMINATION SHALL BE RETROACTIVE TO 12/22/12 - BY THE COURT M L EBERT JR J - COPIES MAILED 6/7/ 2 R ~-/D(~6/08/2012 Aj6jD2DI0RDAEMENDEDC~ORPROVIDE/THE CORREC~NCAPDIONDABOVE LOTH ORDER OF COURT HAS BEEN AMENDED BU THE BODY OF THE OPINION REMAIN THE SAME - FOLLOWINT THE NON-JURY TRIAL AND UPON CONSIDERATION F THE BRIEFS FILED BY THE PARTIES - IT IS HEREBY ORDERED AND DIRE TED THAT DENNIS BERDANIER'S PETITION TO MODIFY IS GRANTED - THE DENNIS BERDANIER'S ALIMONY OBLIGATION IS TERMINATED - THE TERMINAT ON COPIESBMAILED06/8/12 TO 12/22/10 - BY THE COURT M L EBERT J J _ _. ____ _ ~ ~ ~___ ~umperiana ~oun.r.y rror_.r..or..oLary ~ s v==~_ce _ age Civil Case Print 1999-00879 BERDANIER DENNIS M (vs) TODD RANDA J Reference No..: Filed........: 2,/16/1999 Case Ty e.....: COMPLAINT - DIVORCE Time........ 3:45 Judgmen~..... .00 Execution Date 0'/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 3U14/2001 ------------ Case Comments ------------- Higher Crt 1.: 118 MD 2012 Higgher Crt 2.: fQ'l 6/13/2012 ORDER OF COURT - 6/12/12 - IN RE: DRO - TER1oIINATING THE ALI. OBLIGATION AND BALANCE PD IN FULL - BY THE COURT M L EBERT ----------------------------------------------------------- fpB.j~C` 6/29/2012 NOTICE OF APPEAL - TO THE SUPERIOR COURT - BY ANN V LEVIN A DEFT ----------------------------------------------------------- ~Qq 6/29/2012 REQUEST FOR TRANSCRIPT - BY ANN V LEVIN ATTY FOR DEFT ----------------------------------------------------------- i~.,r1,2'1 7/09/2012 SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO # 1187 M: /~.~7/11/2012 ORDER OF COURT DATED 7-10-12 IN RE APPELLANT FILE A CONCISE STATEMENT BY JULY 31 2012 - BY THE COURT M L EBERT JR J - C~ MAILED 7-11-12 ------------ ------ !~q 7/12/2012 AMENDED ORDER OF COURT - DATED 7-12-12 IN RE AMENDED PASCES NUMBER - REMAINDER OF ORDER SHALL BE FULL FORCE AND EFFECT L EBERT JR J - COPIES MAILED 7-12-12 ----------------------------------------------------------- 13p~i33 7/31/2012 STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY ANN V LEV. FOR DEFT ----------------------------------------------------------- (3 ~"(38/17/2012 ON~03/02/12FINEDR##2 BEFOREITHENCOIIRTTMRLIEBERONJOFJALIMONY ----------------------------------------------------------- 8/17/2012 NOTICE OF DOCKET ENTRIES MAILED TO ANN VERONIC}~ LEVIN ESQ A] ~j~ - _ E sE1~R.p,TELLI ESQ - - -- - ~ r(~t-t~------------------------------------------------ 2j5 - .21(0 8/21/2012 IN OPINION PURSUANT TO PA RAP 1925 (A) - DATED 8-21-12 - ] COURT M L EBERT JR J- COPIES MAILED 8-21-12 8/23/2012 NOTICE OF DOCKET ENTRIES MAILED TO ANN VERONICI9 LEVIN ESQ A] KAREN SERRATELLI ESQ - - - - - - - - - - - - - - LAS T ENTRY - - - - - - - - - - * Escrow Information * Fees & Debits Beq Bal Pmts/Ad~ End Bal DIVORCE 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 PRAECIPE TRIAL 25.00 25.00 .00 APPEAL HIGH CT 57.00 57.00 .00 -------------- 277.50 ---------- --- 277.50 --------- .00 'R J 'TY FOR A 2012 PIES DOCKET BY M N ATTY JD LORI 3Y THE 1D LORI ******** * * *********************************************************************** ******** * End of Case Information *********************************************************************** ******** TRUE COPY FROM RECORD In Testimony whereof, i here unto set my hanc and the~ s~et~al ,of said at Carlisle, Pe, This ~ Y, dey of , 20 /•2 Prothonotaq ~J ~__ ~_ _ ,_ _r _ ___ ~___ i CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) Superior Court of PA To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: DENNIS M. BERDANIER Vs. RANDA J. TODD 1999-879 CIVIL TERM 1187 MDA 2012 The documents comprising the record have been numbered from No. 21S to 216, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable def niteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 8/24/2012. s ~~ i D. Bu 1, P othonotary Alma Kostjerevac, Deputy ackn©wied~t~int of this record. Date Signature & Title wed in Superior Court au~ 2 4 2012 MIDDLE i§upertor (Court of VeuuopCbattta Karen Reid Bramblett,Esq. Pennsylvania Judicial Center Prothonotary Middle District P.O.Box 62435 Mary A.Graybill,Esq. 601 Commonwealth Avenue,Suite 1600 Deputy Prothonotary Harrisburg,PA 17106-2435 (717)772-1294 P'W W.superior,court.state.pa.us CERTIFICATE OF REMITTAUREMAND OF RECORD - c-*) ,- c e�g TO: David D. Buell �a Prothonotary e ; RE: Berdanier, D. v. Todd, R. --lr-, 1187 MDA 2012 c `o Trial Court: Cumberland County Court of Common Pleas (Z C-; Trial Court Docket No: 99-879 CIVIL ' '' PACSES NO. 403000022 �- Annexed hereto pursuant to Pennsylvania Rules of Appellate Procedure 2571 and 2572 is the entire record for the above matter. Original Record contents: Item Filed Date Description Part w/transcript&envelope of August 20, 2012 1 exhibits Supplemental Part(Opinion) August 24, 2012 1 Remand/Remittal Date: 05/10/2013 ORIGINAL RECIPIENT ONLY- Please acknowledge receipt by signing,dating,and returning the enclosed copy of this certificate to our office. Copy recipients (noted below) need not acknowledge receipt. Respectfully, Mary A. Graybill, Esq. Deputy Prothonotary /rh Enclosure cc: The Honorable Merle L. Ebert Jr., Judge Ann Veronica Levin, Esq. Lori Karen Serratelli, Esq. µ Berdanier, D. v. Todd, R. 1187 MDA 2012 Letter to: Buell, David D. Acknowledgement of Certificate of RemittaIVRemand of Record(to be returned): Signature Date Printed Name J-AO3031-13 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 DENNIS M. BERDANIER, IN THE SUPERIOR COURT OF I PENNSYLVANIA Appellee ` —f V. I -- ' RANDA J. TODD, cD;,. Appellant No. 1187 MDA 2612 Appeal from the Order Entered June 8, 2012 In the Court of Common Pleas of Cumberland County Civil Division at No(s): 99-879 CIVIL PACSES NO. 403000022 BEFORE: BOWES, GANTMAN and OLSON, JJ. MEMORANDUM BY OLSON, J.: FILED APRIL 02, 2013 Appellant, Randa J. Todd, appeals from the order entered on June 8, 2012, by the Court of Common Pleas of Cumberland County, granting the petition to modify or terminate alimony payments filed by Appellee, Dennis M. Berdanier. For the following reasons, we affirm. The trial court summarized the relevant factual and procedural background of this matter as follows: Before [the trial court] is Mr. Berdanier's Petition to Modify or terminate alimony payments to Ms. Todd. Mr. Berdanier ("[Appellee]") is 61 years of age and Ms. Todd ("'[Appellant]") is 65 years of age. The parties were married in June of 1984. This was [Appellee's] first marriage and [Appellant's] second marriage. The marriage lasted approximately 5 years until 1988-1989 when the parties separated. On August 23, 2000, the parties entered into an agreement and stipulation resolving the economic issues of their divorce. On November 29, 2000, an Order was entered for the parties to file a praecipe to transmit the record of the August 23, 2000, proceedings so that a final divorce decree could be entered incorporating the terms of the I-A03031-13 agreement. Pursuant to the agreement, [Appellee] was to pay [Appellant] $500[.00] per month in alimony. Dennis M. Berdanier [Appellee] was employed as a woodworker by the Defense Department in New Cumberland, Pennsylvania for the past 30 years. Pursuant to the FERS retirement system, [Appellee] was eligible for retirement after attaining the age of 60 and completing 30 years of service. In October of 2010, [Appellee] reached those milestones and retired. [Appellee's] ending salary was approximately $41,000[.00] a year. Currently, [Appellee] receives a $1,442.28 monthly annuity payment. [Appellee] has a joint checking account and savings account with his current wife with a balance of $1,450[.00] and $3,000[.00], respectively. After retirement, in March 2011, [Appellee] was diagnosed with colon cancer. [Appellee's] cancer appears to be in remission after surgery and chemotherapy treatments in 2011. As a result of the cancer, [Appellee] exhibited symptoms including numbness, depression, nausea, and a decrease in energy level. Additionally, [Appellee] has learned that he suffers from scarring on his lung that results in a shortness of breath, a deteriorated lower spine, liver damage, and a herniated abdomen which will require additional surgery. [Appellee] stated that his current total household expenses were $3,900[.00] per month. These expenses include all household expenses such as utilities, auto insurance, car payments, health insurance, student loans, and food. However, these expenses include costs associated with [Appellee's] current wife and thus, the total amount of expenses is less than the $3,900[.00] per month initially estimated. Randa Jean Todd [Appellant] has an Associate's degree from Harrisburg Area Community College in Human Services. [Appellant] was employed for 9.5 years with the Department of Commerce as a crew leader or an interviewer with the Census Bureau. Her employment with the federal governmental ended in 1991. After working for the Department of Commerce, [Appellant] worked as the Director of the Domestic Violence Shelter at the Harrisburg YWCA between 1998-1999. Again, this - 2 - J-A03031-13 was almost 10 years after the couple separated. [Appellant] claims that she was fired from the YWCA because she "mentioned" at work that [Appellee] had thrown a sawhorse at her. She claims that the YWCA could not have an abused spouse working as a Director of the Domestic Violence Shelter. [Appellant] provided no other evidence to support this allegation, and [the trial court] having worked with victims['] services for many, many years does not find the [Appellant's] account of her firing credible. In 1999, [Appellant] filed for and now receives social security disability in the amount of $855[.00] per month due to back and spine related injuries. Since 2001, [Appellant] has been receiving Medicare. [Appellant] does not receive any other source of income. [Appellant] has estimated her monthly expenses at $1,441.25. [Appellant] receives housing assistance from HUD to live in a mid-income apartment for senior citizens. [Appellant's] rent is $476[.00] per month but only pays $82[.00] per month out of pocket. [Appellant] has an Agency on Aging waiver which provides her help through a worker that does chores around the house such as laundry, cooking, cleaning, and grocery shopping five days a week for 2-5 hours per day. Wegman's provides [Appellant] with unsold fruits, vegetables and bread. [Appellant] has, in the past, received assistance from the Lions Club for vision screening and glasses. In addition to the county, state, and federal assistance helping [Appellant] with living expenses, she has received help from her church community and son. [Appellant] has been diagnosed with a multitude of medical conditions. [Appellant's] past and present medical conditions include, inter aiia, breast cancer, atrial defibrillation, shortness of breath, kidney stones, arthritis, shingles, depression, bladder incontinence, visual impairment, obesity, and hypothyroidism. [Appellant] is on a regimen of medications and vitamins to regulate her illnesses. For the past two years [Appellant] has been using a wheelchair, however, she can self- transfer in and out of the wheelchair when necessary and operates an accessible van. Although [Appellant's] doctors have recommended back surgery, she has refused the surgery because "it is just too invasive for [her]." [Appellant] has qualified to live in a skilled nursing facility, but she has decided to remain living on her own. - 3 - J-A03031-13 Trial Court Opinion, 6/6/2012, at 1-5. From the .final divorce decree, on November 29, 2000, until October 2010, [Appellee] faithfully paid Appellant $500.00 per month in alimony. However, in November 2010, [Appellee] retired and received his last paycheck. He did not pay Appellant alimony that month. Rather, on December 22, 2010, [Appellee] filed a petition to modify his alimony obligation, citing his recent retirement as a substantial change in his economic situation. Appellant answered the petition and filed a counterclaim seeking to hold [Appellee] in contempt based upon his unilateral termination of alimony payments. Appellant also filed a counterclaim seeking counsel fees and costs. After several continuances, on March 2, 2012, the trial court held a hearing on the petition to modify. [Appellee], [Appellee's] current wife, and Appellant all testified at the hearing. Following the hearing, on June 6, 2012, the trial court entered an order, granting the petition to modify and terminating [Appellee's] alimony obligation. The trial court did not hold [Appellee] in contempt and denied Appellant's request for counsel fees and costs. On June 8, 2012, the trial court entered an amended order, correcting an error in the caption of its June 6, 2012 order. This timely appeal followed.' ' The requirements of Pennsylvania Rule of Appellate Procedure 1925 have been satisfied in this matter. - 4 - ]-A03031-13 Appellant presents following issues for appeal: 1. Whether the trial court erred in concluding that alimony should be terminated by misapplying the factors set forth in 23 Pa.C.S.A. § 3701: a. The relative earning and earning capacities of the parties as well as the sources of income of both parties, warrant a continuation of alimony; b. [Appellant's] age and her physical, mental and emotional condition warrant a continuation of alimony whereas [Appellee's] health condition does not prevent him from paying alimony; c. [Appellant] is incapable of self-support through appropriate employment; d. [Appellee's] assets and liabilities relative to [Appellant's] are significant and [Appellant] lacks sufficient property to provide for her reasonable needs; and e. [Appellant's] needs, relative to [Appellee's] are far more substantial. 2. Whether the trial court erred in failing to find [Appellee] in contempt. 3. Whether the trial court erred in failing to award [Appellant] legal fees. Appellant's Brief at 4. We begin by considering Appellant's challenge to the trial court's termination of [Appellee's] alimony obligation. Our standard of review regarding questions pertaining to the award of alimony is whether the trial court abused its discretion. We previously have explained that "[t]he purpose of alimony is not to reward one party and to punish the other, but rather to ensure that the reasonable needs of the person who is unable to support himself or herself through appropriate employment, are - 5 - I-AO3031-13 met." Alimony "is based upon reasonable needs in accordance with the lifestyle and standard of living established by the parties during the marriage, as well as the payor's ability to pay." Moreover, "[a]limony following a divorce is a secondary remedy and is available only where economic justice and the reasonable needs of the parties cannot be achieved by way of an equitable distribution award and development of an appropriate employable skill." Teodorski v. Teodorski, 857 A.2d 194, 200 (Pa. Super. 2004), citing Moran v. Moran, 839 A.2d 1091, 1096-1097 (Pa. Super. 2003) (citations omitted); see also Dudas v, Pitrzykowski, 849 A.2d 582, 585 (Pa. 2004). In determining whether alimony is necessary, and in determining the nature, amount, duration, and manner of payment of alimony, the court must consider numerous factors as set forth at 23 Pa.C.S.A. § 3701. Specifically, pursuant to section 3701: (a) General rule.--Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary. (b) Factors relevant.--In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including: (1) The relative earnings and earning capacities of the parties. (2) The ages and the physical, mental, and emotional conditions of the parties. (3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. (4) The expectancies and inheritances of the parties. (5) The duration of the marriage. - 6 - ]-AO3031-13 (6) The contribution by one party to the education, training or increased earning power of the other party. (7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. (8) The standard of living of the parties established during the marriage. (9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. (10) The relative assets and liabilities of the parties. (11) The property brought to the marriage by either party. (12) The contribution of a spouse as homemaker. (13) The relative needs of the parties. . (14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions). (15) The Federal, State and local tax ramifications of the alimony award. (16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs. (17) Whether the party seeking alimony is incapable of self-support through appropriate employment. 23 Pa.C.S.A. § 3701(a) & (b). - 7 - I-AO3031-13 Furthermore, alimony orders are subject to future modification or termination based upon a change in circumstances. Specifically, pursuant to section 3701(e), entitled "Modification or Termination": "[a]n order entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made." 23 Pa.C.S.A. § 3701(e). In this matter, Appellant argues that the trial court erred in terminating Appellee's alimony obligation because, according to Appellant, the trial court failed to consider and/or misapplied several of the factors set forth in section 3701(a). Appellant's Brief at 8-14. According to Appellant, relative to her earnings and earning capacity, as well as sources of income, she is at a significant disadvantage as compared to Appellee. Although Appellant acknowledges Appellee's change in income due to his retirement, Appellant argues that Appellee "did not have to leave the work force" and "certainly has the ability to earn additional income." Appellant's Brief at 9. Furthermore, Appellant argues that her health problems prevent her from employment, therefore making alimony warranted. Id, at 9-10. Appellant acknowledges Appellee's own recent health problems, but argues that he is beginning to feel "normal" again and is, at any rate, far healthier than she is. 1d. Appellant also compares her assets (or lack thereof), with those of Appellee's, and argues that based upon Appellee's assets, even with his decreased income due to retirement, Appellee is able to draw upon his - 8 - I-A03031-13 assets and pay alimony. Id, at 10-11. Finally, Appellant provides an analysis of her needs as compared to Appellee's needs, and argues that, based upon her substantial needs and her inability to support herself, it was unreasonable for the trial court to terminate Appellee's obligation to pay alimony. Id, at 11-14. The trial court, however, considered the factors set forth in section 3701(b) and determined that, even accepting Appellant's substantial needs, consideration of the determinative factors weighs in favor of terminating the existing alimony order. Trial Court Opinion, 6/6/2012, at 7. Indeed, Pennsylvania law makes it clear that retirement is a sufficient change in economic circumstances to allow for modification of an alimony order. McFadden v. McFadden, 563 A.2d 180, 183 (Pa. Super. 1989). Furthermore, we decline to impute a higher earning capacity upon Appellee just because he is capable of working beyond retirement, as to do so would be inequitable. See Price v, Price, 614 A.2d 1386, 1388-1389 (Pa. Super. 1992). Therefore, contrary to Appellant's argument, the trial court did not abuse its discretion in determining that Appellee's retirement warranted termination of his alimony obligation. Additionally, the trial court acknowledged Appellant's chronic health issues and substantial needs, but determined that while sympathetic to those issues and needs, they are offset by Appellee's own health problems, and are outweighed by other factors set forth in section 3701(a). Specifically, the trial court cited the short period of marriage and co- - 9 - I-A03031-13 habitation between Appellant and Appellee (approximately 5 years), as compared to the substantial amount of time that Appellee has faithfully paid alimony. Furthermore, the trial court noted that the record fails to indicate that: "1) [Appellant] contributed overly significantly to the marital estate, 2) made extraordinary contributions as the homemaking spouse, or 3) was a factor in increasing [Appellee's] earning capacity during marriage." Trial Court Opinion, 6/6/2012, at 7. Based upon a balancing of the statutory factors, the trial court determined that termination of Appellee's alimony obligation was warranted. We find no abuse of discretion in the trial court's application of the factors set forth at section 3701(a), and no abuse of discretion in the trial court's termination of Appellee's alimony obligation. Indeed, while sympathetic to Appellant's situation in life, we agree with the trial court that Appellee's retirement, along with the other factors set forth at section 3701(a), entitle Appellee to cease paying alimony. Appellee's economic circumstances have changed, his health and emotional well-being have diminished, and he faithfully paid alimony for three times longer than his actual marriage. Appellant's first issue on appeal is without merit. Appellant's second issue on appeal argues that the trial court erred in failing to find Appellee in contempt for ceasing to pay his alimony obligation. Appellant's Brief at 14. Appellant, however, waived this issue by failing to cite to relevant legal authority and by failing to provide legal analysis thereof. See Pa.R.A.P. 2119(b); Commonwealth v, Drake, 681 A.2d - 10 - 3-A03031-13 1357, 1360 (Pa. Super. 1996) (this Court will not become the counsel for an appellant, *"and will not, therefore, consider issues...which are not fully developed in [the] brief." (citation omitted)). Moreover, even if Appellant's contempt issue had not been waived, we find no abuse of discretion in the trial court's holding in favor of Appellee with regard to Appellant's counterclaim for contempt. Indeed, the intention of civil contempt is to coerce the actor to comply with the court's directive. Gunther v. Bolus, 853 A.2d 1014 (Pa. Super. 2004). In this matter, the trial court explained that the Cumberland County Domestic Relations Office agreed to hold the parties' alimony order in abeyance, pending the trial court's decision regarding Appellee's motion to modify. Therefore, the trial court determined that Appellee did not willfully violate the support order, and that finding Appellee in contempt was consequently unnecessary. The trial court was well within its discretion to decline to find Appellee in contempt. Appellant's final issue on appeal argues that the trial court erred in failing to award Appellant attorneys' fees that she incurred because Appellee stopped making his alimony payments. Appellant's Brief at 14. According to Appellant, "[p]er [p]aragraph 6 of the parties' agreement, [Appellee] "shall' be held responsible for [Appellant's] legal fees due to his failure to perform a material obligation of their agreement." Id. Appellant argues that, in terminating his alimony payments, Appellee failed to perform a material J-A03031-13 obligation of their agreement, therefore entitling her to reimbursement of her legal fees. Id. Pursuant to our holdings set forth above, however, we agree with the trial court that Appellee's withholding of alimony payments was not a breach of a material obligation of the parties' agreement. Consequently, we find no abuse of discretion in the trial court's denial of Appellant's motion for legal fees. Appellant's final issue on appeal lacks merit. Order affirmed. Judgment Entered. Az .: Deputy�rothonotary Date: A'2 2013 - 12