HomeMy WebLinkAbout99-06008
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
RUTH MINER,
Plaintiff No .....99.-6008 ................. It)
VeI'sIIs
THEODORE T. MINER,
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Defendant
DECR EE IN
DIVQ0RCE
AND NOW, •V • 20.op, it is ordered and
decreed that ........,RUTH MINER ., plaintiff,
and .................. THEODORE, T•.• ,MIRU • • • ............... • defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
All claims have„ been.,rppgJved..Pura.uant..to.an..Agre.ement........
dated November 15, 2000
.............................................
A J. I
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Prothonotary (I.O'
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RUTH MINER,
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
THEODORE T. MINER,
Defendant
NO. 99-6008
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of
Divorce Decree:
1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code.
2. Date and Manner of Service of Complaint: Service by certified mail, restricted delivery,
article number P 234 041 676 and was accepted by the Defendant on the 7' day of October, 1999,
pursuant to an Affidavit of Service filed November 8, 1999.
3. Date of execution of the Affidavit of Consent required by 0301(c) of the Divorce Code:
by Plaintiff on November 15, 2000; by Defendant on November 15, 2000.
4. Related Claims Pendine: All other claims have been withdrawn by either party.
5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the prothoft=:
Dated November 15, 2000 and filed herewith.
Date Defendant's WaiverofNotice in §3301(c) Divorce was filed with the prothonotaiy:
Dated November 15, 2000 and filed herewith.
Je6nifer 'Lehman, Esquire
Attorney for Plaintiff
Date: I LI-00
Plaintiffs Social Security No. 079.42-0894 Defendant's Social Security No. 084-40.8255
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RUTH MINER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. '? 9. 4,0 d 8 ? 7'1.-
THEODORE T. MINER,
Defendant
CIVIL ACTION - LAW
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.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the office of the
Prothonotary.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
RUTH MINER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99• G 00f Gam.( 1-,-
THEODORE T. MINER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OR 3301fd) OF THE DIVORCE CODE
1. Plaintiff is RUTH MINER, currently residing in Cumberland County. She has a mailing
address of P.O. Box 183, Marysville, Pennsylvania 17053.
2. Defendant is THEODORE T. MINER, who has resided at 21 Bellview Road, Marysville,
Perry County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 26, 1983 in Deposit, New York.
5. Plaintiff avers that there are no children of the parties under the age of 18.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Neither of the parties in this action is presently a member of the Armed Forces.
8. The Plaintiff and Defendant are both citizens of the United States.
9. Plaintiff has been advised of the availability of marriage counseling and that she may have
the right to request that the Court require the parties to participate in counseling prior to a divorce
decree being handed down by the Court.
10. Paragraphs 1 - 9 are herein incorporated by reference.
11. The Plaintiff avers that the grounds on which the action is based are as follows:
(a) That the marriage is irretrievably broken.
(b) That Defendant has offered such indignities to the Plaintiff, the injured and innocent
spouse, as to make Plaintiff's condition burdensome and life intolerable; and
(c) The parties are now living separate and apart, at the appropriate time, Plaintiff will submit
an Affidavit alleging that the parties have lived separate and apart for at least two years and that the
marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
12. Paragraph 1 - 11 are herein incorporated by reference.
13. During the marriage, Plaintiff and Defendant have acquired various items of marital
property, both real and personal, which are subject to equitable distribution wider Chapter 35 of the
Divorce Code.
WHEREFORE, Plaintiff requests that the Court and/or Master enter an order with regard to
the equitable division of any marital property held by the parties including both real and personal
property and any other property subject to equitable distribution under Chapter 35 of the Divorce
Code.
COUNT III - ALIMONY PENDENTE LITE,
ATTO NFY' FEES AND COSTS
14. Paragraphs 1 - 1 I are herein incorporated by reference.
15. By reason of this action, Plaintiff will be put to considerable expense in the preparation
of her case in the employment of counsel and the payment of costs.
16. The Plaintiff is without sufficient funds to support self and to meet the costs and
expenses of this litigation and is unable to appropriately maintain herself during the pendency of this
action.
17. Plaintiffs income is not sufficient to provide for reasonable needs and pay her attorney's
fees and the costs of this litigation.
18. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her
counsel fees, costs and expenses.
WHEREFORE, Plaintiff requests that the Court and/or Master enter an order awarding
alimony pendente lite, counsel fees and expenses to the Plaintiff and against the Defendant in an
amount deemed appropriate pursuant to Section 3701, et seq. of the Divorce Code.
19. Paragraphs 1 - 11 are herein incorporated by reference.
20. Plaintiff lacks sufficient property to provide for reasonable needs.
21. Plaintiff is unable to sufficiently support self through appropriate employment.
22. Defendant has sufficient income and assets to provide continuing support for the
Plaintiff.
WHEREFORE, Plaintiff requests that the Court and/or Master enter an order awarding
alimony for Plaintiff and against Defendant in an amount and for a period of time deemed
appropriate upon consideration of all factors, pursuant to Section 3701, et seq. of the Divorce Code.
Respectfully submitted,
By 'Y
Jennifer L. Lehman, Esquire
27 South Arlene Street
P.O. Box 6130
Harrisburg, PA 17112
(717) 671-1200
Date: 9-30'9?
I verify that the statements made in the foregoing Complaint in Divorce are true and correct
to the best of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities.
RUTH MINER
Date:/ z ZO
11/15/00 RED M80 FAX 717 232 6802 - T A & S - Hba. PA Q002
RUTH MINER,
Plaintiff
V.
THEODORE MINER,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 99 - 6008 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was filed on
September 30,1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in Divorce.
4. 1 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.
5. 1 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:
Ruth Miner, Plaintiff
S.S. No. CZCI_ C/ 7` C S [/iy/
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11/13/00 WED 18:60 FAX 717 232 6802 - T A & S - Hbg, PA IMC04
RUTH MINER,
Plaintiff
V.
THEODORE MINER,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 99 - 6008 CIVIL TERM
: CIVIL ACTION -LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE ;001
I I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, divlslon of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is
entered by the Court and that a copy cf 0,o decrea -111 be sent to me immediately after it
is filed with the prothonotary.
I verify that the statements made r., this effri vit nrm 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:
Ruth Miner, Plaintiff
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11/18/00 WED 18:30 FAX 717 232.8802 - T A a a - hod, jn
0003
RUTH MINER,
Plaintiff
V.
THEODORE MINER,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 99 - 8^no f^n!D TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was filed on
September 30, 1999.
2. The manlage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in Divorce.
4. 1 understand that I may lose rights concerning allmony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. 1 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: 1?f
Theodore Miner, efendant
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11/15/00 WED 15:50 FAX 717 232 8802
TA&S - Hbe, PA
rM 006
RUTH MINER,
Plaintiff
V.
THEODORE MINER,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 99 - 8008 CIVIL TERM
CIVIL ACTION - LAW
IN 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. 1 understand that I may lose rights concerning alimony, division of
property, lawyers fees or expenses if I do not claim them before a divorce is granted.
3. 1 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 penatties of 18 Pa.C.S. Section 4904
relating to unswom falsification to authorities.
Date:
Theodore Miner, Defendant
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RUTH MINER, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
THEODORE T. MINER,
Defendant
NO. 99-6008
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
I, JENNIFER L. LEHMAN, ESQUIRE, do hereby certify that a true and correct copy of a
Complaint Under Section 3301(c) or 3301(d) of the Divorce Code was served upon the Defendant,
THEODORE T. MINER, by certified mail, return receipt requested, on the 7w day of October,
1999. The original signed return receipt, number P 234 041676, is attached hereto and made a part
hereof.
Respectfully submitted,
-V11)71 h, ?
J IFE L. LEHMAN, ESQUIRE
Supreme Court I.D. #52784
P.O. Box 6130
27 South Arlene Street
Harrisburg, PA 17112
(717)671-1200
Date: /%jj/q)
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a THEODORE T. MINER P 234 041 676
21 BELLVIEW ROAD
MARYS 4b. sevleerype
VILLE, PA 17053 0 Registered Certltisd CC
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
ptp/• OOdginal Ortler/Notlcn
State Commonwealth of Pennsylvania
Co./City/Disc. Of CUMBERLAND lbCsf OAmendwlOrtler/Nolin,
Date of Order/Notice 09/29/00 Y O Tenninale Ortler/Notice
Court/Case Number (See Addendum for case summary)
Employer/Wilhholder's Federal EIN Numlx-r
TYCO ELECTRONICS
Employer/Withholrler's Name
M S 038 51
Employer/Wilhholder s Addmss
PO BOX 3608
HARRISBURG PA 17105-3608
IRE: MINER, THEODORE T.
1 Employee/Obligor's Name (Last, First, MI)
1 084-40-8255
1 Employer/Obligor i S(wial Security Numlx,r
1 5883100403
1 Employer/Obligor's Case Identifier
I (See Addendum for plaintiff names assodaled with rases on anachmeno
j Cuslodial Pamnl's Name (List, Finl, 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.
$ 950. 00 per month in current support
$ o. Do per month in past-due support Arrears 12 weeks or greater? Dyes ® no
$ 0.00 per month in medical support
$ o. 00 per month for genetic test costs
$ per month in oche, (specify)
for a total of $ 950.00 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:
$ 219.23 per weekly pay period.
$ 438.46 per biweekly pay period (every two weeks).
$ 475.00 per semimonthly pay period (twice a month).
$ 950.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PA CSES 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.
DRD: RD.'Shadday BY THE URT:
xc: defendant ??ru dict y0.y ?V
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Date of Order: October 2. 2000 G1?
Edgar B. Bayley, JUDGE
Form EN-028
Service Type M no-sn..: uam.U 154 Worker ID $IATT
I.nn.u„„ un.: ILmmo
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If checked you are required to provide a c opy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one 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.' -Reportingthe Paydatr/Dateef Withholdings You-mustre-portthe. paydate/date"fwithhofding-when?e. dirsgthepaymentrihe-
pagdate/date ofwithhofding-is-the datrnnwhich amount war withheld from thremployee.'swage .. You must comply with the law of the
state of the employee'slobligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and (onward 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 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.
WITHHOLDER'S ID: 2303325750
EMPLOYEE'S/OBLIGOR'S NAME: MINER. THEODORE T.
EMPLOYEE'S CASE IDENTIFIER: 5883100403 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you nave any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Sondl Security taxes; and medicate taxes.
10.
•NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency: If you or your employee/obligor have any questions,
DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT
P.O. BOX 320 by telephone at (717) 240.6225 or
CARLISLE PA 17013 by FAX at (7171 240-6248 or
by Internet
Page 2 of 2
Service Type M
aan %o.: W1700154
I404.6on WIn 4b?nn
Form EN-028
Worker ID $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MINER, THEODORE T.
PACSES Case Number 516101625/ ee?,'/ S(
Plaintiff Name
RUTH A. MINER
Docket Attachment Amount
99-6009 CIVIL$ 950.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PAGES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Childhen)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Chdd(ren)'s Naple(s):
DOB
?If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obtigor's employment.
PACSES Case Number
Plaintiff Name
Doc kel Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Durket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
?If checked, you are required to enroll the rhild(ren) ? If checked, you are required to enroll the child(ren)
Identified above.. in any health nRUranre coverage available Identified above in any health insurance coverage available
through the employees/obligor's employment. through the employee's/nbligor's employment.
Addendum Form EN-028
Service Type M (AM '.o.: mxluou+ Worker ID $IATT
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TUCKER ARENSBERC & SWARTZ
CELEBRATING A CENTIIRY Or SMILE Susan M. Salghman
z5m9Nn:mRtuckerlaw corn
November 8, 2000
E. Robert Elicker, It, Esq.
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Miner v. Miner
Dear Mr. Elicker:
Enclosed is my spreadsheet for the conference that is scheduled to occur before you
on Wednesday, November 15, 2000 at 1:30 p.m. Prior to that time, I will have obtained
updated values for Mr. Miner's 401(k) and IRA.
Thank you for your attention to this matter.
Very truly yours,
TUCKER ARENSBERG & SWARTZ
.?K.VJ Q.ln
Susan M. Seighman
Enclosure
cc: Jennifer Lehman, Esq.
Mr. Tom Miner
111 NORTH FRONT STREET PO BOX 689 HARRISBURG. PA 17100-0689 717.234.4121 600.257.4121 FAX 717.232.6802
Pittsburgh • Pittsburgh Airport Area • Lewistown
E-mail tapCitiauckeflavCom
wwwAuckerlaw.com
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Jennifer L. Lehman
Attorney at Law
November 13, 2000
E. Robert Elicker, II, Esquire
Divorce Master
Nine North Hanover Street
Carlisle, PA 17013
RE: Ruth Miner v. Theodore Miner
No. 99-6008 Civil, In Divorce
Dear Master Elicker:
Enclosed you will find a chart of asset values which I have prepared on behalf of my
client, Ruth Miner, in preparation of the upcoming settlement meeting on Wednesday.
Sincerely,
d JAm&,
Jennifer L. Lehman
JLL:lsf
Enclosure
cc: Susan Seighman, Esquire
Ruth Miner
P.O. Box 6130 a 27 South Arlene Street @ Harrisburg, PA 17112-0130 9 717.671-1200 • telecopier 717-671-9601
Asset Values for Settlement Discussion
Ruth Miner
Asset Ruth Ted Undecided/
Notes
Proceeds from
sale of 21 29,286 29,286 (10/16/00)
Bellview Road
,
Marysville
1996 Monte Carlo 2387 Value of 5,420
less loan of 3033
(loan was 5425 at
date of seperation)
1992 Lumina 1650
Ted Savings Plan 192,120 No Statement
Ted Pension 46,696 Attorney Software
Ruth Pension 16,195 Attorney Software
Ruth Savings Plan 35,194 6/30/00
Roth IRA (Ruth) 3960 9/30/00
Roth IRA (Ted) 5069 8/07/00
Prudential 9844 9/26/00
Life insurance
Bank accounts evenly divided
approx.
4300
not included in
totals
Totals 96,866 274,821
RUTH MINER,
Plaintiff
V.
THEODORE MINER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, EPNNSYLVANIA
: NO. 99-6008 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
Attached hereto is the Income and Expense Statement of Plaintiff, RUTH MINER,
submitted pursuant to Pa. R.C.P. No. 1920.31.
Respectfully submitted,
By X.9412; ? of Jdle-?Z_,
ennifer . Lehman
27 South Arlene Street
P.O. Box 6130
Harrisburg, PA 17112
(717) 671-1200
DATED: 7- ly-CEO
INCOME AND EXPENSE STATEMENT OF
RUTH A. MINER
Employer: Marsh USA. Inc.
Address: P. 0. Box 1675
Type of Work: Account Administrator
Payroll Number:
Pay Period (weekly, biweekly, etc.Weekly
GROSS PAY PER PAY PERIOD:
Itemized Payroll Deductions:
Federal Withholding:
Social Security:
Medicare:
Local Wage Tax:
State Income Tax:
Retirement:
Savings Bonds:
Credit Union:
Life Insurance:
Health Insurance:
Other: (specify)
Dental
NET PAY PER PAY PERIOD:
OTHER INCOME: Week
$1,132.50 (includes overtime)
$128.37
$ 86.64
$ 16.42
$ 11.32
$ 31.71
$ 15.50
$ 4.75
$837.79
Month Year
Interest $ $ $
Dividends $ $ $
Pension $ $ $
Annuity $ $ $
Soc. Sec. $ $ $
Rents $ $ $
Royalties $ $ $
Expense Acct. $ $ $
Unemploy. Comp. $ $ $
Workmen's Comp. $ $ $
TOTAL OTHER INCOME: $
TOTAL MONTHLY NET INCOME: $1,815.21
EXPENSES
HOME: Weekly Monthly Yearly
Rent $ $ 590.00 $
Maintenance $ $ 15.00 $
UTILITIES:
Electric $ $ 100.00 $
Gas $ $
$
Oil $ $
Telephone $
$ 83.00 $
$
Water $ $
Sewer $
$ $
Garbage
$
$ $
EMPLOYMENT $
Public
Transportation $ $
Lunch
$
$ 85.00 $
$
TAXES:
Real Estate $ $ $
Personal Prop. $ $ $
Income $ $ 240.00 $
Occupational $ $ 34.00
INSURANCE:
Tenants $ $ 25.00 $
Automobile $ $ 65.00 $
Life $ $ 38.00 $
Accident $ $ $
Health $ $ $
AUTOMOBILE:
Payment (1) $ $ 257.00 $
Payment (2) $ $ $
Fuel $ $ 65.00
Repairs $ $ 70.00 $
MEDICAL:
Doctor $ $ 10.00 $
Dentist $ $ 15.00 $
Dermatologist
$
$ 65.00 -
$
Hospital $ $ $
Medicine $ $ 25.00 $
Special Needs
(Glasses) $ $ 12.00 $
EDUCATION:
Private school $ $ $
Parochial $ $ $
College $ $ 65.00 $
Religious $ $ $
Art Class $ $ 46.00 $
Weekly Monthly Yearly
PERSONAL:
Clothing $ $ 65.00 $ -
Food $ $ 345.00 $
Barber/hair $ $ 35.00 $
Dry Cleaning/
Laundry $ $ 42.00 $
CREDIT PAYMENTS:
Credit card $ $ 55.00 $
Charge acct. $ $ $
Memberships $ $ $
LOANS:
Private Loan $ $ 100.00 $
MISCELLANEOUS:
Household help $ $ $
Child care $ $ $
Papers/books/-
magazines $ $ 41.00 $
Entertainment $ $ 75.00 $
Pay TV $ $ 10.00 $
Vacation $ $ 86.00 $
Gifts $ $ 75.00 $
Legal fees $ $ 250.00 $
Charitable
Contributions $ $ 40.00 $
Other Child
Support $ $ $
Alimony
payments $ $ $
Lessons for
children $ $ $
OTHER:
Car Wash $ $ 20.00 $
Non Prescript $ $ 25.00 $
Therapy $ $ 40.00 $
Prescriptions $ $ 25.00 $
TOTAL EXPENSES: $ $ $
TOTAL MONTHLY EXPENS ES: $ 3,234.00
Date: July 14, 2000
?. ttl
C•; i
CJ ?i
is
?L.1
1 !.
,PENNSYLVANIA
V. : NO. 99-6008 CIVIL TERM
THEODORE MINER, : CIVIL ACTION- LAW
Defendant : IN DIVORCE
Plaintiff, RUTH MINER, 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.
Plaintiff verifies that the statements made in this inventory and appraisement are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A §4904 relating to unworn falsification to authorities.
a') A?'?;z)
R TH MINER
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets on the following pages.
(X) 1. Real property
(X) 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
(X) 9. Life insurance policies (indicate face value, cash surrender value and
current beneficiaries)
( ) 10. Annuities
(X) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
( ) 15. Business (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, worker's
compensation claim/award
( ) 17. Profit sharing plans
(X) 18. Pension plans (indicate employee contribution and date plan vests)
(X) 19. Retirement plans, individual retirement accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. MilitazyN.A. benefits
( ) 23. Education benefits
(X) 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category and
attach itemized list if distribution of such assets is in dispute)
( ) 26. Other
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other person as of the date this action was commenced:
Item
Numbe Description
of Property Names of
All Owners
1, 21 Bellview Rd. Plaintiff and
Marysville, PA Defendant
2. 1992 Chevy Lumina Defendant
3, 1996 Chevy Monte Carlo Plaintiff
4, Van Guard IRA Plaintiff
5, Van Guard IRA Defendant
6. Sedgwick Savings &
Investment Plan Plaintiff
7. AMP 401(k) Plan Defendant
S. Sedgwick Pension Plaintiff
9, AMP Pension Defendant
10. Prudential Life Ins. Policy Plaintiff
11. First National Bank
Checking Account Plaintiff and Defendant
12. First National Bank
Savings Account (3) Plaintiff and Defendant
13. Jewelry (see Exhibit A) Plaintiff and Defendant
14. Household Personalty
(see Exhibit B) Plaintiff and Defendant
NON-MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable interest which is
claimed to be excluded from marital property:
Item Description Reason for
Nurnbe j of Propea Exclusion
15. First National Bank Property was held by Plaintiff
Savings Account for the benefit of Plaintiffs
Son
16. Bendix Pension Acquired by Husband prior to
Marriage
Item Description Date of
1. 21 Bellview Road June 14, 200(
Marysville
13. Ladies diamond and October 1999
Ruby bracelet
Person
Consid- to Whom
eration Transferred
Net proceeds to JoAnn Lowery
Parties was $57,600.71
$300.00 Pat Young
LIABILITIES
Item Description Names of
Numbe of Property All Creditors
17. Loan on 1996 Monte Carlo Allfrrst
Names of
All Debtors
Plaintiff
Ladies Ruby and Diamond Enhancer
Ladies Diamond Engagement Ring
Ladies Diamond and Ruby Bracelet
Diamond Crested Ruby Bracelet
Ladies Diamond Earrings
Men's Wedding Band
Men's Ruby Ring
Men's Gold Necklace
HI RY rcr
ESTIMA
TED VAT .iJE
$ 600.00
$5,000.00
$ 300.00
$ 300.00
$ 90.00
$ 800.00
$ 725.00
$ 535.00
TOTAL $8,350.00
Value
Computer, color printer, software, oak desk
Purebred Dachshund - two years old
Luggage - travel set
Men's golf clubs, bag & accessories
Women's beginner golf club set
Washer & dryer
Freezer
Snow blower
Lawn mower
Tools (portable drill, socket set, wrenches,
saws, vice, power lawn tools, garden tools)
Antique plates
TOTAL
$3,000.00
$ 535.00
$ 225.00
$1,100.00
$ 350.00
$ 650.00
$ 225.00
$ 425.00
$ 225.00
$ 700.00
$7,535.00
CERTIFICATE OF SERVICE
I, Jennifer L. Lehman, Esquire, hereby certify that on this IYM day of
2000, I served a true and correct copy of the foregoing Inventory of Plaintiff by depositing the same
in the United States mail, first class postage prepaid, addressed as follows:
Susan M. Seighman, Esquire
Tucker, Arenberg & Swartz
111 North Front Street
P.O. Box 899
Harrisburg, PA 17108-0889
j
Jennifer L. Lehman, Esquire
P.O. Box 6130
27 South Arlene Street
Harrisburg, PA 17112
(717) 671-1200
ti- ?•i
i •, t.
_i
?- _, J
RUTH MINER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 6008 CIVIL
THEODORE T. MINER,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, October 27, 2000
Present for the Plaintiff, Ruth Miner, is
attorney Jennifer L. Lehman, and present for the Defendant,
Theodore T. Miner, is attorney Susan M. Seighman.
A divorce complaint was filed on September
30, 1999, raising grounds for divorce of irretrievable
breakdown of the marriage and indignities. Counsel have
indicated that the parties will sign and file affidavits of
consent and waivers of notice of intention to request entry of
divorce decree prior to the hearing to be scheduled in these
proceedings.
The divorce complaint also raised the
economic claims of equitable distribution, alimony, alimony
pendente lite and counsel fees and costs.
Counsel have indicated that there may be as
many as four witnesses on the factor of marital misconduct as
that factor may affect wife's alimony claim; therefore, the
hearing to be scheduled will be devoted to taking the
testimony on that factor. However, if the marital misconduct
issue is resolved prior to the scheduled hearing date then we
will use that hearing date for the purpose of taking the
testimony regarding assets, valuation and the factors other
than marital misconduct.
The parties were married on November 26,
1983, and separated September 27, 1999. This is the second
marriage for both parties. There were no children born of
this marriage.
Wife is 51 years of age and resides at 1109
Yverdon Drive, Apartment C-2, Camp Hill, Pennsylvania, where
she lives alone. She is a high school graduate and is
employed as an account administrator for Marsh, Inc.,
successor to Sedgwick. Her net monthly income is $1,815.00.
She has not raised any health problems. She is currently
receiving $950.00 per month in alimony pendente lite. She has
medical insurance coverage through her employer.
Husband is 51 years of age and resides at 528
Bedford Court, Mechanicsburg, Pennsylvania, where he lives
with a female friend. He has a Bachelor's degree and is an
engineer with TYCO, successor to AMP. His net monthly income
is $4,183.43. He has not raised any health problems. He has
medical insurance coverage through his employer.
With respect to wife's alimony claim, wife's
counsel has indicated that she may consider taking a fixed
amount of alimony for a limit period of time as opposed to the
Master's policy of recommending alimony for an indefinite
period of time if alimony is appropriate after review of the
factors.
The real estate that the parties owned at 21
Bellevue Road, Marysville, Pennsylvania, was sold and the
proceeds were used to pay the marital debt of the parties and
were then divided equally between the parties into two escrow
accounts in each of the parties' names at M&T Bank.
The parties have two vehicles, a 1992
Chevrolet Luminia, which both agree has a value of $2,700.00.
Wife's 1996 Chevrolet Monte Carlo is subject to a loan and the
net value, according to wife, is $2,387.00.
The parties have previously divided, shortly
after separation, their savings and checking accounts with
First National Bank. We need to know for purposes of the
equitable distribution computation what each of the parties
received as a result of the division of those accounts. That
information can be provided on the spreadsheets that counsel
are going to provide the Master prior to the hearing.
In addition, the parties have IRA accounts
with Vanguard, 401(k) accounts with Sedgwick and AMP, and
pensions with Sedgwick and AMP. There is also a cash
surrender value for a Prudential life insurance policy in the
amount of $9,844.00 as of September 25, 2000. Those accounts
and values should be enumerated on the spreadsheet with values
updated to the time of the conference or meeting which we will
schedule.
The household tangible personal property was
distributed to each of the parties and counsel have indicated
that the parties are satisfied that each will keep what he or
she has received and that we will not use any values for the
purposes of equitable distribution. There is, however, an
issue with respect to jewelry which includes wife's jewelry
and husband's jewelry. Wife claims that the jewelry has a
value of $8,000.00 which includes her jewelry and husband's
jewelry. Husband claims that wife's jewelry has a value of
$12,000.00. In order to resolve this issue, the parties may
have to have all of the jewelry appraised. The insurance
appraisals, the Master notes, are not particularly helpful in
arriving at a market value for the jewelry.
As previously noted, all of the marital debt
was paid at the time of the sale of the house.
The Master asked counsel about their
positions with regard to settlement and husband believes that
he should be entitled to more than 50% of the value of the
marital estate. The Master has indicated that none of the
factors point to him being entitled to an award of more than
50% and that, in fact, if we use the disparity in income
between the parties, he may be entitled to even less than 50%.
In any event, husband should consider the possibility that he
may be advancing a position which is not realistic considering
the factors that relate to equitable distribution.
A conference with counsel and the parties is
scheduled for Wednesday, November 15, 2000 at 1:30 p.m.
Notices will be sent to counsel and the parties.
A hearing to take testimo
marital misconduct, or if those issues are
the scheduled date of the hearing, to take
assets and valuation and other factors, is
Thursday, February 15, 2001, at 9:00 a.m.
sent to counsel and the parties.
ay on the factor of
resolved prior to
testimony on the
scheduled for
Notices will be
E. Robert Elicker, II
Divorce Master
cc: Jennifer L. Lehman
Attorney for Plaintiff
Susan M. Seighman
Attorney for Defendant
RUTH MINER,
THEODORE MINER,
Defendant
M THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL'
NO. 99-6008 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S PRE-TRIAL STATEMENT PURSUANT
TO PaRCP 1920.33(6)
Marital Property Present Value
Total net proceeds from sale of 21 Bellevue Road,
Marysville, PA (former marital residence) $ 57,600.71
1992 Chevy Lumina (currently in possession of
Defendant) $ 5,700.00
1996 Chevy Monte Carlo (currently in possession of
Plaintiff) $ 3,125.00
This takes into consideration a $4,500.00 loan against
this vehicle.
Van Guard IRA (Plaintiff) $ 3,536.00
Roth IRA (Defendant) $ 3,913.00
Sedgwick Savings and Investment Plan $ 34,890.00
AMP 401(k) Plan $186,065.00
Prudential Life Insurance Policy (Plaintiff) $ 8,250.00
Various First National Bank checking and savings
accounts Previously evenly
divided between the
parties
10. Jewelry
11. Household personalty
$ 8,350.00
$ 7,535.00
TOTAL ASSETS $318,964.71
B. Non-Marital Property
1. Bendex Pension acquired by Husband prior to marriage;
2. Contributions made to Husband's AMP 401(k) Plan post-separation;
3. Contributions made to Wife's Sedgwick Savings and Investment Plan made post-
separation;
4. Portion of Wife's Sedgwick Pension earned post-separation;
5. Portion of Husband's AMP Pension earned post-separation;
II. EXPERT WITNESSES
None.
III. NON-EXPERT WITNESSES
1. Ruth Miner
IV. EXHIBITS
Based upon figures used in prior negotiations, Counsel for Wife believes that most of the
values for the marital assets will be stipulated to by the parties with the possible exception of the
value for Wife's pension and the values for the jewelry and household goods. Accordingly, Wife
retains the right to enter exhibits to show the value of an asset with an unstipulated value. These
will be identifed at the pre-trial conference.
1)
V. INCOME OF THE PARTIES
A. Wife's income
Wife is currently employed by Marsh USA, Inc., the company which bought out
Sedgwick. She nets approximately $1,815.21 per month.
Husband's income
Husband is employed by AMP. He currently nets approximately $4 ,183.47 per month.
VI. AN INCOME AND EXPENSE STATEMENT HAS BEEN PREPARED AND FILED.
VII. PENSIONS/RETIREMENT
A. Wife
Wife was a participant in the Sedgwick Pension Plan during the period of time that the
parties were married. She is currently a participant in Marsh USA, Inc. Pension Plan. Due to the
takeover which occurred last fall, she did not receive a 1999 benefit statement for either plan.
Defendant's attorney utilized her pension software and determined that based upon the 1998
figures, Wife's pension would be valued at $12,319.00.
B. Husband
Husband is a participant in the AMP Pension Plan. Defendant's attorney utilized pension
software and determined that the present value of his pension would be $46,696.00.
VIII. COUNSEL FEES, COSTS AND EXPENSES
Wife is requesting reimbursement for counsel fees, costs and expenses she has incurred in
order to bring this action. Prior to the preparation of this Pre-trial Statement, Wife incurred a
total of $225.50 in filing fees for the divorce action and has incurred attorney fees totaling
$1,324.00.
IX. MARITAL DEBTS
1. Wife has assumed sole responsibility for the repayment of the car loan owed on
the 1996 Monte Carlo which is presently driven by her. The approximate balance
of that loan as of the date of separation was $4,500.00.
X. PROPOSED RESOLUTION
Wife proposes that the parties equally divide the net proceeds from the sale of the
Bellevue Road property.
Wife would keep the 1996 Monte Carlo and assume sole responsibility for the repayment
of the outstanding loan. Husband would keep the 1992 Lumina.
Each party would retain the jewelry and personal property that were currently in their
possession.
Each of the parties would retain their respective pensions and IRA's. Wife would retain
her savings plan and the Prudential Life Insurance Policy. In order to provide more equity as to
the distribution of the retirement savings accounts, Husband would rollover the sum of
$120,500.00 from his 401(k) plan into a retirement vehicle designated by Wife.
In the event that Husband continues to take the position that Wife is not entitled to any
portion of his retirement/401(k) monies and a master's hearing is necessary. Wife requests
reimbursement for one half of her attorney's fees.
Husband would continue to make alimony payments in the same amount as the current
APL payments of $950.00 per month until the death of either party or until such a time as Wife
remarried or cohabited with an unrelated male.
Respectfully submitted,
By , .1,u s 4AA„i-
J'J ennifer L. Lehman, Esquire
Supreme Court ID#52784
27 South Arlene Street
P.O. Box 6130
Harrisburg, PA 17112
(717) 671-1200
Date: AuaQs,t1l dodo
CERTIFICATE OF SERVICE
I, Jennifer L. Lehman, Esquire, hereby certify that on this I? day of&g_?
2000, I served a true and correct copy of the foregoing by depositing the same in the United States
mail, first class postage prepaid, addressed as follows:
Susan M. Seighman, Esquire
Tucker, Arensberg & Swartz
111 North Front Street
P.O. Box 899
Harrisburg, PA 17108-0889
Je ifi r L Lehman, Esquire
P.O. Box 6130
27 South Arlene Street
Harrisburg, PA 17112
(717) 671-1200
TUCKER ARENSBERG & SWARTZ
I I I NORTH FRONT STREET
P.O. BOX 889
HARRISBURG. PENNSYLVANIA 17108.0889
(717) 234-4121
RUTH MINER,
Plaintiff
V.
THEODORE MINER,
Defendant
IN THE COURT OF COMMON PLEAS
-CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6008 CIVIL TERM
: CIVIL ACTION -
: IN DIVORCE
INCOME AND EXPENSE STATEMENT
Attached hereto is the Income and Expense Statement of
THEODORE MINER submitted pursuant to Pa. R.C.P. No. 1920.31.
Respectfully submitted,
TUCKER ARENSBERG & SWARTZ
By:
Susan M. Seigbtnan
I.D. No. 70323
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108
ATTORNEY FOR DEFENDANT
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 in part, you must
also fill out the Supplemental Income Statement which appears on
pages 8 and 9 of this Income and Expense Statement.)
INCOME AND EXPENSE STATEMENT OF
THEODORE MINER
Employer: Tyco/AMP
Address: 2801 Fulling Mill Road Harrisburg, PA
Type of Work: Engineer
Payroll Number: 20934
Pay Period (weekly, biweekly, etc.): Biweekly
Gross Pay per Pay Period: $ 2425.99*
Itemized Payroll Deductions:
Federal Withholding
Social Security
Local Wage Tax
State Income Tax
Retirement 401(k)
Savings Bonds
Credit Union
$ 4 49.14
1 48.70
24
23
.
67.07
2 42.30
Life Insurance _ 2.99
*See attached paystub
j
Health Insurance
0B
Other (specify)
Ins
4
---6?
(Group
Un; vP rs 1 r---'_
- 18
EFA ?PPrsonal Fam;ly p
Net Pay per Pay Period:
($2,425.99.- $1,009.96 = $1,416.03) $-1 4--1r,0;1
Other Income:
Week Month
(Fill in Appropriate column)r
Interest
Dividends $ $?- $?-
Pension ----?
Annuity -?_
Social Security
Rents -?-
Royalties
Expense Account
Gifts ?-
Unemployment Comp. -?
Workmen's comp. ?-
?_ -
TOTAL NET INCOME
(1,416.03 x 26 = 36,816.78 + 12 = 3,068.06) $ 3'068-06
Weekly Monthly Yearly
(Fill in Appropriate Column)
Home
Mortgage/rent $ $ 650.00 $
Maintenance
Utilities 120.00
Electric
Gas
Oil
Telephone 85.00
Water
Sewer
Employment
Public Transportation $ $ $
Lunch 12.00 52.00
Taxes
Real Estate $ $ $
Personal
Income
Insurance
Homeowners
Automobile 75.00
Life*
Accident*
Health*
Other
Automobile
Payments
Fuel
Repairs
Medical
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special needs (glasses,
braces, orthopedic
devices)
Education
Private school
Parochial school
College
Religious
Weekly Monthly Yearly
(Fill in Appropriate Column)
S S S
25.00 108.00
207.00
$ $ 15.00 $
13.00
*Deducted from Paycheck
Weekly Monthly Yearly
(Fill in Appropriate Column)
Personal
Clothing
Food
Barber/hairdresser
Credit payments
Credit card
Charge account
Memberships
$ $ 50.00 $
90.00 387.00
10.00 43.00
Loans
Credit Union
Mortoacie and Taxes
for marital residence
754.19
Miscellaneous
Household help $ $ $
Child care
Papers/books/magazines 8. 0 34.40
Entertainment 15.00 64.50
Pay TV 9.81
Vacation 41.67
Gifts
Weekly Monthly Yearly
(Fill in Appropriate Column)
Legal fees $ $ 250.00 3.000.00
Charitable contributions 10.00 43.00
Other child support
Alimony payments 970.00
Other
car wash 6.00 25.80 _
TOTAL EXPENSES
Checking accounts
Savings accounts
Credit Union
Stocks/bonds
Real estate
Other
Description
$ $ 4.082.87 $
Value
ownership*
H W J
- - X
TOTAL $
*H=Husband; W=Wife; J=Joint
Company
Hospital
Blue Cross
Other
Medical
Blue Shield
Other
Health/Accident
Disability Income
Dental
Other
Policy Coverage*
No. H W C
X
H=Husband; W=Wife; C=Child
0
(Not Applicable)
(a) This form is to be filled out by a person (check one) :
- (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) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deductions, if any:
DIRECT DEPOSIT STATEMENT PLEASE RETAIN FOR YOUR RECORDS
PAY PROFILE FOR COMPANY'NO. EMIR NOR. PERIOD ENDING PAY DATE ' -STMT NBR
TN 0 T MINER ?Opb I '67UTffW 067UnM -WaMr
MEDICAL 23.08 276.96
DENTAL 4.62 55.44
PFA .25 3.00
LTD 3.63 43.26
DOM REL 529.21 5,821.31
GUL 9.18 110.16
4018 PRE 242.30 2,886.09
TOTAL 812.271 9,206.22
TAX WITHHELD TAXABLE EARNINGS
DESCRIPTION CLIRRFNT VFev_Tn_nNv=
FED TAX 449.14 5,081.03 2,155.99 25,660.17
OASDI (SOC SEC) 148.70 1,769.87 2,398.29 28,546.26
NI (SOC SEC) 34.77 413.92 2,398.29 28,546.26
PA TAX 67.07 798.81 2,395.30 28,528.32
PA LOCAL TAX 24.23 288.60 2,423.00 28,860.72
. ,...,'#?1,,EMAE:d Yk?'lI1T?GR8AA T10N= "' . < '
BUILDING: 106 OP.C: R17 DEPARTMENT. 4973
SOC SEC LIMITS: 6.2% ON 76,200 & 1.45% ON NO LIMIT
SAVINGS AND THRIFT (401K) DEDUCTION % : 10
MEDICAL PROGRAM INFO-TYPE OF COVERAGE TWO PARTY
PP TYGO HCC
FEDERAL TAX INFO-MARITAL STATUS: SINGLE
EXEMPTIONS: 0 ADDITIONAL AMOUNT: 0
PA STATE TAX INFO-MARITAL STATUS: MARRIED
EXEMPTIONS: 0 ADDITIONAL AMOUNT. 0
STATE TAX INFO-MARITAL STATUS:
EXEMPTIONS: 0 ADDITIONAL AMOUNT: 0
*q=
f/BCDD vs
LET'' PRY* »» > $*r* r x886.82
COMMERCE BANK
ACCT 1 886.82
IT IS IMPORTANT TO KEEP YOUR ADDRESS CURRENT. THIS CAN AFFECT YOUR TAXES.
TO OBTAIN FORMS. CALL THE "H. R. CONNECTING POINT" AT 1-800-780-6550.
.NOTE EARNINGS BEGINNING WITH AN ASTERISK 1.1 ARE TAXABLE BENEFITS. IN ORDER
TO ARRIVE AT NET PAY, THESE CURRENT EARNINGS MUST BE DEDUCTED FROM
CURRENT TOTAL GROSS EARNINGS.
'oipuotfoe (Gis-51)
i.
1s ?
' Fj «c?y5«i
C 106 R17 4978 10060 20934 000526
THEODORE T MINER
21 BELLVIFN RD
MARYSVILLE PA 17053
l
VERIFICATION
I understand that the statements made herein are subject to
the penalties of 18 Pa.C.S. 54904 related to unsworn
falsification to authorities.
Theodore Miner
28605
CERTIFICATE OF SERVICE
AND NOW, this day of 2000, I, Shaun
Kovach, for the firm, Tucker Arensberg 5 Swartz, hereby certify
that I have, this day, served the within Income and Expense
Statement on counsel for Plaintiff by depositing a copy of the
same in the United States Mail, first: class, postage prepaid, at
Harrisburg, Pennsylvania, addressed to:
Jennifer Lehman, Esquire
27 South Arlene Street
P.O. Box 6130
Harrisburg, PA 17112
Shaun Kovach
1 O
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Y
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
Defendant Name: THEODORE T. MINER
Member !D Number: 5883100403
Please note: AD correspondence must include the Member M Nmnber.
AMP INC.
PO BOX 3608
HARRISBURG PA 17105-3608-08
ORDER OF ATTACHMENT OF INCOME
F7nanciRi Break Down of Multiple Cases on Attachment
PACSES Docket
Plaintiff Name ?] q Caw Number umbe Attachment AmouWFreouency
ROTA A. MINER p29o (? 516101625 99-6008 CIVIL ${$ 529.21 /BI-WEEK
S /
5 /
TOTAL ATTACHMENT AMOUNT: $ 529.21
. .. To: _ AMP INC.
Pursuant to the laws of the Commonwealth of Pennsylvania the income of
THEODORE T. MINER , defendant obligor, SSN 084-40-8255
of.
21 BELLVIEW RD, MARYSVILLE, PA. 17053-9714-21
is hereby attached to the following extent.
You are directed to pay to the Pa State Collection and Disbursement Unit the sum of
$ 529.21 per BI-WEEK from the income due the defendant obligor. The
attachment payment must be sent to the Pa State Collection and Disbursement Unit within
seven business days of the date the defendant obligor is paid.
CHECKS SHOULD BE MADE PAYABLE TO: PA SCDU
AND SENT TO:
Pennsylvania SCDU
P.O. Box 69112
Harrisburg, Pa 17106-9112
Form EN-028
Service Type M So go TV k a• Worker ID $IATT
r
THEODORE T. MINER PACSES Member Number: 5883100403
PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES
MEMBERID OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO
-NOT SEND CASH BY MAIL.
This order of attachment for support is binding upon you until further notice and shall have
priority over any attachment, execution, garnishment or wage attachment under state or local
law except one relating to a prior support order. You must commence the attachment of the
defendant obligor's income as soon as possible but no later than fourteen days from the date
of the issuance of this Order of Attachment.
You are notified further that pursuant to law:
1. The defendant obligor has been notified that an order of attachment for support would
be issued.
2. Willful failure to comply with this order may result in (i) your being adjudged in contempt
of court and committed to jail or fined by the court; (ii) your being held liable for any
amountnot.withheld or. withheld but not forwarded to the Domestic Relations Section; and
(iii) attachment of your funds or property.
3. The attachment of income or the possibility thereof as a basis, in whole or in part, for the
discharge of an employee or any disciplinary action against or demotion of an employee is
prohibited. Violation may result in (i) your being adjudged in contempt and committed to
jail or fined by the court and (ii) an action against you by the employee for damages.
4. If there are in your employment one or more additional employees whose incomes are
subject to an attachment of support, you may combine the attachment payments into a
single payment to the Pa SCDU and separately identify the portion attributable to each
obligor.
5. Y'oit'ritust"ndtify the Domestic Relations Section or the Pa SCDU when the defendant
obligor terminates employment and provide the Section with the employee's last known
address and the name and address of the new employer, if known.
Service Type N
Page 2 of 3
Form EN-028
Worker 11) $IATT
>ai.
.11
THEODORE T. MINER
PACSES Member Number: 5883100403
6:. The maximum amount of the attachment shall not exceed ss % of the employee's
net income which is within the limits set in the Consumer Credit Protection Act, 15
U.S.C. §1673.
7. The term "income" as defined by law includes compensation for services, including, but
not limited to, wages, salaries, fees, compensation in kind, commissions and similar
items; income derived from business; gains derived from dealings in property; interest;
rents; royalties; dividends; annuities; income from life insurance and endowment
contracts; all forms of retirement; pensions; income from discharge of indebtedness;
distributive share of partnership gross income; income in respect of a decedent; income
from an interest in an estate or trust; military retirement benefits; railroad employment
retirement benefits; social security benefits; temporary and permanent disability benefits;
worker's compensation; unemployment compensation; other entitlements to money or
lump sum awards, without regard to source, including lottery winnings; income tax
refunds; insurance compensation or settlements; awards or verdicts; and any form of
payment due to and collectable by an individual regardless of the source.
GENERAL INSTRUCTIONS
1.. Employers may elect to deduct up to 2% of the attachment amount for their costs. This
amount must not be deducted from the attachment. It must be paid from the employee's
net earnings after the income attachment deduction has been made.
2. If you choose to make payments via an electronic funds transfer, contact the Pa SCDU
Employer Customer Service at 1-877-676-9580.
Date of Order: December 21. 1999
DRO: R1 Shadday
xc: defendant
Service Type M
BY
aagar n..n: JUDGE
Page 3 of 3 Form EN-028
Worker ID $IATT
IY
IN THE COURT OF COMMON PLEAS OF CUMBERJ.AND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
RUTH MIMER,
OBLIGEE
V.
TMODORE MINER, APL NO. 99-6008 Crvrr.
OBLIGOR
APPEAL OF COURT ORDER %
DATE OF ORDER Deceuber 20, 1999
AMOUNT OF ORDER $1,150/lronth bi-+neekiv FOR THE SUPPORT OF
Ruth Miner, payable as $437.18 in support and $92.04 on arrParc hi-w?lrly
DATE OF APPEAL Decenber 30, 1999
REASON FOR APPEAL Obligor's income was calcularxl innnrrar117
NAME OF OBLIGOR/OBLIGEE REQUESTING APPEAL
SIGNATURE OF ATTORNEY OR OBLIGOR/OBLIGEE /l i?AA I 10" j9 -_-
1. J:
0497
Y co
u' L
wp
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?2 z
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- .7J
W U. L
m CL
?G o U
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, ?&WSYLVANIA
RUTH MINER
Plaintiff
VS.
THEODORE T. MINER
N0. 600A
NOTION FOR APPOLV=T OF MASTER
Theodore T. Miner 6P,lxicaajif) (Defendant), moves the court to appoint
a master with respect to the following claims:
0,) Divorce (; ) Distribution of Property
( ) Annulment ( ) Support
(% ) Alimony (; ) Counsel Fees
(%-) Alimony Pendente Lite (; ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(2) The defendant (has) (has not) appeared in the action (personally)
(by his attorney, ,Esquire).
§3301 (c) (3) The staturory ground(s) for divorce (is) (Wfl) 23 Pa.C.S.A.
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An: agxgem?zxKass:s?gna?zaxidrdczutBS%pasa ttsXtRYe
£o2bvNi=2c;1si=:
(c) The action is contested with respect to the following
claims: Alimonv, APT„ Di7,tr'_bution of Property, Coun,el Fees, Costo & 6::nenrr:s
or fact.
not involve) complex issues o
(6) The hearing is expected to take 07e (heirs) (days).
(7) Additional information, if any. relevant to the motion:
Date: (o?1Gl? Sucai: N. 3eiciu:.._'
Attorney for (%*a)
RDER A
AND NOW
is appointed ma er with respect to
(Defendant)
claims: ., A
._
:;
>;
-;
?,
TUCKER ARENSBERG & SWAR17
I 1 I NORTH FRONT STREET
P.O. BOX 889
IIARRISBURG,PENNSYLVANIA 17108.0889
171712744121
RUTH MINER IN THE COURT OF COMMON PLEAS
Plaintiff DAUPHIN COUNTY, PENNSYLVANIA
V. NO. 99 - 6008 CIVIL TERM
THEODORE MINER, CIVIL ACTION -
Defendant IN DIVORCE
PRE-TRIAL STATEMENT
?1I1ltj? /?
AND NOW, comes the Defendant, Theodore miner, by and through
his attorneys, Tucker Arensberg & Swartz, and files the following Pre-
trial Statement.
1. The marital and non-marital assets relative to this
matter have been set forth in the Inventory and Appraisement which was
filed with the court on June 20, 2000. The marital assets of the
parties are valued in excess of $300,000. The non-marital property of
the Defendant is valued at approximately $15,968*, which is the
estimated value of the Defendant's Bendix/Amphenol pension.
2. Defendant expects to call an expert to testify as to
the value of his pension with AMP.
3. Defendant will testify on his behalf and there will be
no other witnesses which the Defendant intends to call to testify on
his behalf at the Master's Hearing. Defendant will testify as to the
assets and liabilities of the marriage and his income and expenses.
i
-1-
;: s
4. The following is a list of exhibits which Defendant
intends to introduce at the Master's Hearing:
Defendant's Income Defendant's Exhibit 1
& Expense Statement
Defendant's Defendant's Exhibit 2
Inventory & Appraisement
Legal Bills Defendant's Exhibit 3
Documents evidencing values
of marital assets.
Report from expert valuing Defendant's pensions.
5. Defendant has a monthly income of $1,416.03, which is
itemized in the Income and Expense Statement which was filed with the
Court on June 20, 2000. A copy of Defendant's most recent federal
income tax return is attached.
6. Defendant's monthly expenses are in excess of $4,000.
An itemization of these expenses has been set forth in the Income &
Expense Statement which was filed with the Court on June 20, 2000.
7. Defendant intends to present a formal valuation for
his pension with AMP at the time of the hearing. Excluding
Defendant's pension with AMP, his marital 401(k) and IRA accounts have
a total value of $iB9,977.91, as of the date of separation.
8. Defendant has incurred Counsel fees in excess of
$3,000 in accordance with the fee letter which was signed on December
-2-
7, 1999. A detailed itemization of these services will be introduced
at the hearing.
9. The parties are in dispute over several issues,
including but not limited to, equitable distribution of property,
alimony, counsel fees and costs, and alimony pendente lite.
10. The parties have accumulated marital debt in the
amount of $41, 406.28, which has been itemized on the Inventory and
Appraisement filed with the court on June 20, 2000. This debt has
been eliminated by the sale of the marital residence. Therefore, the
parties have no outstanding marital debt.
11. Defendant proposes that the marital estate be
distributed in accordance with the Proposal which is attached hereto
and incorporated herein.
DATED:b'Io -0z"
20615.1
TUCKER ARENSBERG & SWARTZ
BY:
Susan M. Seighman
I.D. No. 70323
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR DEFENDANT
-3-
SETTLEMENT PROPOSAL
Husband proposes a 60/40 division of the marital assets with the
distribution weighted in Husband's favor.
Husband should retain the following assets:
1. One-half of the proceeds from the sale of the
marital residence, $28,800.35
2. 1992 Lumina, $3,025
3. Husband's Amp Pension, $46,696*
4. Husband's IRA, $3,913.13
5. Husband's 401(k), $186,064.78, less $40,000
Wife should retain the following assets:
1. One-half of the proceeds from the sale of the
marital residence, $28,800.35
2. 1996 Monte Carlo, $9,525
3. Wife's Sedgwick Pension, $12,319*
4. Wife's IRA, $3,536.58
5. Wife's 401(k), 34,890.01
6. Wife's Life Insurance with Prudential, $7,801
7. $40,000 from Husband's 401(k)
8. Jewelry $13,130
Total value of marital assets: $378,500.94
Value given to Husband: $228,499
Value given to Wife: $150,001.94
*These valuations were not prepared by an expert. Such valuations
were prepared using Fin Plan software and are being used soley for the
purpose of settlement negotiations.
-4-
U
Declaration Control Number DCN ?TI-yI-1I
F0751 -2 3 4 4 e 6 -?-a IRS Use Only.- Do notwreoar starts in this mesa
U.S. Individual Income Tax Declaration
Form 8453 for an IRS e- file Return
oeparimenl of o. Treasury For the year January 1 • December 31, 1999 senile. n ? See Instructions.
L Your first name and initial Lastname
Usetha A THEODORE T MINER
IRS label. E Its joint return, spouse'sfirstname and initial Last name
Otherwise, L RUTH A MINER
please H Home address(number and street). Ifyou havea P.O. box, see Instructions. Apt. no.
print or E 21 BELLVIEW RD
type. R City, town or post office, state, and ZIP coda
E MARYSVILLE. PA 17053
1 Total Income (Form 1040, line 22; Form 1D40A, line 14; Form 1040EZ, line 4). . . . . . . . . . . .
2 Total tax (Form 1040, line 58; Form 1040A, line 34; Form 1040EZ, line 10) . . . . . . . . . . . . .
3 Federal lncometaxwithheld (Form 1040, line 57; Form 1040A, line 35; Form 1040EZ, line 7)
4 Refund(Form1040, line race; Form 1D40A, line 41a; Form 1D40EZ, line l Is) . . . . . . . . . . . .
In99
Your social securitynumber
084-40-8255
Spouse's *=let secufftyno.
079-42-0894
A IMPORTANTI A
Youmustenter
vourSSN(s) above.
Telephone number(optional)
eaU I consent that my refund be direly deposited asdesignaled In the electronic portion of my 1999 Federal Income tax return. 111 have filed a joint
return, thleisan Irrevocable appointment of the other spouse as an agent to receive the refund.
b® I do notwant direct deposit of my refund or l am not receiving a refund.
forthe rejection, and, If I am applying for a refund anticipation loan or smile
Is delayed, I authorize the IRS to disclose to my ERO and/or transmitter the
Sign ? I 2 2
ware Yom signature t Dit,
co I authorize the U.S. Treasury and Itsdestgnated Financial Agentsto initiate an ACH debit (automatic withdrawal) entry to my financial institution
account Indicated forpayment of my federal taxes owed, and my financial Institution to debltthe entry to my account. Thisauthodation Isto
remain in full force and effect until the U.S. Treasurys Financial Agents receive notification from me ofthe termination. To revoke this payment
authorization, I must contactthe U.S. Treasury Financial Agent at 1-888-383.4537 no laterthan 2 businessdaysprlor to the payment
(settlement) date. I also authorize the financial Institutions involved in the processing of my electronic payment oftaxesto receive confidential
information necessaryto answerincluidesand resolve issues related to my payment.
If I have filed a balance due return, I understand that if the IRS does not receive full and timely payment of my tax liability, I will remain liable
forthe tax liability and all applicable Interest and penalties. If I have filed a joint Federal and state lax return and there is an erroron my stale
return, I understand my Federal return will be rejected.
Under penaltiesolperjury, I declare that the Information I have given my ERO and the amounts in Part I above agree with the amounts on the corresponding
linesofthe electronic portion of my 1999 Federal Income tax return. To the best ofmy knowledge and belief, my return (site, correct, and complete.I
consent to my ERO sending my return, this declaration, and accompanying schedulesand statementsto the IRS. I also consent to the IRS sending my ERO
-- " m of whether or not my return is accepted, and, if rejected, the reason(s)
ct, an Indication of a refund offset. If the processing of my return orrefund
let for the delay. or when the refund was sent.
If•lolnt Murn, BOTH must sign Date
1 declare that I have reviewed the above taxpayers return and that the entrieson Form 8453 are complete and correct to the bestolmy knowledge. 111 am
only a collector, I am not responsible for reviewing the return and only declare that this form accurately refiectsthe data on the return. Thetaxpayerwik
have signed this form before I submit the return. I will give the taxpayer a copy of all formsand information to be filed with the IRS, and have followed all
otherrequlrements In Pub. 1348, Handbook for Electronic Return Originators of Individual Income Tax Returns If I am also the Paid Preparer, under
penalties of perjury I declare that I have examined the above taxpayers return and accompanying schedulesand statements, and to the best olmy
knowledge and belief, they are true, correct, and complete. This Paid Preparer declaration is based on all Information olwhlch I have any knowledge.
Preparers
Paid signature
Preparer's .Firm'snmm
ERO's
Date
ERO's SSN or PTIN
187-44-8054
Only anda art sa ea1 413 NORTH ENOLA ENOLA, PA ZlPcode 17025-0000
Undo penalises of paqury. I declare that I h rve naminsd the abrva taspaYer s falcon and accompanying ash edules and statements, and to th• bast of my Ilnewbdge and belief,
Illq au true,cmnd, and compltl• Th,ed¢larabgnspaasd fin all intormabon glwMph than any knuwbdge.
s Date Check Preparers SSN or PTIN t
ERO'S
Use
`-YJLA -ForPaperworkFteductionAclNOtice-see insuuctions_-_-"
__ Fer1rt8461(,t-99,9)
Form 8483(1999) FD8453•IV 1.91
Department of the Treasury - Internal Revenue Service
1040 U.S. Individual Incefrna, Tnv Rnfrlr
(See
Instructions
THEODORE T MINER Your social secudt number
on page 18.) 084-40 8255
RUTH A MINER
UsethelRS 21 BELLVIEW RD spouse's social security number
label. 079-42-0894
Otherwise, MARYSVILLE, PA 17053 1 PORTANTI
pleasepdnt . Youmustenter
ortype, ou SS slabove.
Presidential Yes No Note: Checking
"
"
Do you want$3to o to this fund?
Election Campaign g Yes
win not
X
See be e18.
Ifa oint returndoes our spouse want 310 oto this fund? changeyourtaxor
X reduce our refund.
1
Fili
St
t Single
ng
a
us
2 X Married filing joint return (even if only one had income)
3 Married Olingseparate return. Emmrp.ur: asN .bor..nd mn nerve n.r
?
Checkonly
4 .
_
Headofhaumhold(with qualifying person). (Seepage 18.) If the qualifying person is a child but not your dependent
one box.
enter thischild's name here. ? ,
5 Ouali In widower with dependent child earspouse died ? 19 See pane 18.
Exemptions 6a Yourself. Ifyour patent (or someone elw)can claim you as a dependent on hisor hertax 1
No. of bB...
relurn, do not check box 6a . y
. 1 e1ii.d6b'n 2
b Souse
c Dependents:
If more than six
dependents,
we page 19.
(2) Dependents
Income 7 Wages, salaries, tips, etc. Attach Fonn(s)W-2
Be Taxable Interest, Attach Schedule B 11 required . . . . . . . .
Attach to Tax-exempt Interest. DO NOT Include online M . . . . . I 8b
Copy Bofyour 9 Ordinary dividends. Attach Schedule B if required
Forms 10 Taxable refunds, credits, or onsets of state and local Income taxes e 21)
W2Ghereere. . (sepage .
Alsoattach 11 Alimony received . . . . . . . . . .
Form1099-Rif 12 Business income or (low). Attach Schedule C or C-EZ
taxwas
withheld. 13 Capital gain or (low). It Sch D not required, check here . . . . . . . . . . , ?a
14 Other gains or (lower). Attach Form 4797, , . . . . . . . . . . .
If you did not 15a Total IRA distributions . 15a bTaxable amnt. . . .
geta W-2, 16a Total pensions and annuities 16a _ Is Taxable amnt.
see page 20. 17 Rental real estate, royalties, partnerships, Scorporations, trusts, etc. Attach Schedule E.
18 Farm income or (too). Attach Schedule F. . . . . . . . .
Enclose, but do 19 Unemployment compensation.
notstaple,any
payment. Also, 20a Social securitybenehls 20a bTaxableamnt. . . .
please use 21 Other income. List type and a mount (we page 24)
Fonn1040-V.
Adjusted 23 IRA deduction (we page 26) 23
Gross 24 Student loan interest deduction (seepage 26). 24
Income 25 Medical savings account deduction. Attach Form 8853 . 25
26 Moving expenses. Attach Form 3903 26
27 One-half of sell-employment tax. Attach Schedule SE . 27
28 Self-employed health insurance deduction (seepage 28) 28
29 Keogh and sell- employed SEPand SIMPLE plans. 29
30 Penalty on early withdrawal of savings 30
31a Allmonypaid bRecipient's SSN ?_ 31a
32 Add lines23through 31a
KBA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, seepage 54.
Fonn 1040 (1999)
FD1040- 1V 1.25
e m .n youree
on
for r Who!
wba'. 1
Ij,ff-e id not 1h y0V
e d
. d not divomh
-you p.,roirorn
8110.
(u.pe 'a
-p. lB)
-o.p.ndemcon
B. not entered
_ebo,. _-
Add number .
entered on
li?n.bor ?
76.631.
a _247.
10
11
12
13
14
15b
16b
17
1a
19
20b
Form 1040(1999)
Form1040(igg91 THEODORE T S RUTH A MINER
084-40-8255 cane
Tax and 34 Amount from line 33(adjusted gross Income), 34 77,0511
Credits 36a Check If. O Youwere 65 or older, 0Blind; a Spouse was 65or older, QBlind.
Add the numberof boxes checked above and enter the total here . . . . .11- 35a
b If you are married filing separately and yourspouse itemizes deductions or
you were a dual. status alien, we page 30 and check here as 36b
Standard
Deduction 36 Enter your Itemized deductions from Schedule A. line 28, OR standard deduction
for Most shown on the left. But seepage 30 to find your standard deduction ifyou checked any
People box online 35sor 35b or if someone can claim you as a dependent . . . . . . . 36 9,236.
Single: 37 Subtract line 36 from line 34 . . . . . . . . . . . . . . . . . . . 37 67,822.
H'300
Heed 38 It line 3419394,875 or less,multiply $2,750 by the total number of exemptions claimed an
h
d line Bd. If line We over $94,975, seethe worksheet on page 31 for the amount to enter 36 8,25-0.
ousehol
;
$8
350
39 Taxable intone. Subtract line 38 from line 37. If line 381s more than line 37,enter -0-
39
5-9,572,
,
Married riling 40 Tax. Check If any tax is from aO Form(s)8814 bQ Form 4972 , . . . . . .? 40 11,085.
(ointlyar 41 Credit forchlld and dependent ca re expenses. Attach Form 2441. 41
Qualifying 42 Credo for the elderly or the disabled. Attach Schedule R 42
-
widow(
r):
7
200
$
57
200 43 Child tax credit (we page 33). . . . . . . . . . . 43
.
,
Married 44 Education ciedOa. Attach Form 8863 44 1,500.
filing 45 Adoption credit. Attach Form 8839 . . . . . . . 46
separately: 46 Foreign tax credit Attach Farm 1116 If required. . . , 46
47 Other. Check lffrom a Form 3800 bQ Form 8396
c11 Form 5601 d Form (specify) 47
48 Add lines4l through 47. . . . . . . . . . . 48 1,500.
49 Subtract line480om line 40. If line 48 Is more thanllne 4411, enter-0- ? 49 9,585.
60 Self-employment tax. Attach Schedule SE . . . . . . . . . . . . . .
Oth 60
er
61 Alternative minimum lax. Attach Form 6251 . . . . . . . . . . . . . .
T 51
axes
62 Social securityand Medicare tax on tip income not reported to employer. Attach Form 4137. 52
63 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 If required . . . . . 53
64 Advance earned Income credit payments from Fonn(s)W-2 . . . . . . . . . 64
Eli Household employment taxes. Attach Schedule H . . . . . . . . . . . . 66
66 Add lines 49throu h55. This layout total tax ? 56 9,585.
67 Federal lncometax withheld from FonnsW-l and 1099 . 57 10,654.
Payments
58 1999 estimated lax payments 8 amount applied from 1998 return. 58
59a Earned Income credit. Attach Sch. EIC ifyou have a qualifying
child to Nontaxable earned income: amt. ?
and type ? 69a
60 Additional child tax credit. Attach Form 8812 60
61 Amount paid with request for extension to file (we page 48) 61
62 Excess socblsecurtty and RRTA tax withheld (we age48) 82
63 Other payments. Check irfrom aQ Form 24396 Form 4136. 63
64 Add lines 57throunh63.Thew areyour total payments . ? 64 10,654.
Refund 66 If line "a more than line 56, subtract line 56 from line 64. This lathe amount you OVERPAID 65 1,069.
Haved Site Amount ofline65you want REFUNDEDTOYOU . . . . . . . . . .? 66a 11069a
directly
deposited? ? b Routing number ? e 7 e: Checking Q Savings
F
See ppag048 ? d Account number
and fill In 66b,
68c and 65d. 67 Amt. orline 65 you want APPU ED 702000 ESTIMATED TAX Is 67
Amount 68 If line 561s more than line 64, subtract line 64 from line 56. Thlslsthe AMOUNTYOU OWE.
For details onhow to pay, we page 49 . , . . . . . .? 68
.saa..a.a. 69 Estimated tax penalty. Also Include online 68 1 69 1 1
Sign Under pa nail in* at pnlury,l declas that l hav a examined this relue n andadcempanying schedules and statements. and to the beat of my knewbd go and
l
beluf. Ih ay are true, mnaL and complete aaclaohon al prepare, (other than Wpayer),. Eased on all information of w1 i prayvar has any know
edge.
Here Yoursignalure Date Youroccupalion Daytime telephone
Joint return? number (oplkmal)
See page 18. For Info Only -Do not fit ENGINEER
Keep a copy
foryour
Spouse's signature. Its joint return, BOTH must sign.
/
Dale
Spouse'soccupation
records. For Info Only -1 not fit CLERICAL
Paid Preparers' Date Check if Preparers SSNer PTIN
Preparer,S si nature
' 2/26/00 self-ern to ed
Firm
sname(oryyours H AND R BLOCK
, EIN 25-1820203
Use Only if self•employed)and
F.MnT.A. PA
11 vlo..,,a. 17025-0000
KHA
Form
Form 1040 (1999) FD1040.2V 1.25
QPUCn111 C A
(Form 1040) Schedule A.- Itemized Deductions OMB No. 15450074
A?099
d,vulm.nl or ln. T,. 16 b, Attach to Form 1040. a- See Instruellons for Schedule A(Form 1040).
Attachment
Se uanuNo.07
Name(s) shown on Farm 1040
THEODORE T b RUTH A MINER Your social security no.
Medical 084-40-8255
Caution: Do not Include expenses reimbursed or paid by others,
and 1 Medical and dental expenses (seepage A-1)? 1
Dental
Expenses
2 Enteramount from Form 1040, line 34 2
3 Muxiply line 2 above by 7.5%(.075) , , , . , , 3
/ Subbadllne 3 Rom line t. llline 3 is more than line l enter-D-
lea
4
Taxes You 5 Sis
nd local Income lazes . . . . . . . 5 3,206.
Paid 6 Realestate taxes (seepage A-2) a.
(See _ 6 1, 664.
page A-2.) 1 Personal property taxes . . . . . . . . . . . . 7
8 Other Ines. List type and amount a-
SEE ATTACHMENT a 634.
9 Addllnes5throuah8 6 5 504
Interest 10 Home mortgage interest and polntsreported to you on Form 1098. . .
11 H
t
I
10
3,477. .
ome mor
gage
YOU Paid
nterest not reported to you an Form 1088. Ifpald to
the person hom whom you bought the home, see page A- 3
(See and show that person'sname, Identifying no., and address ?
page A-3.)
Note:
Personal 11
interests 12 Points not reported to you on Form 1098. Seepage A- 3 for special rules. 12
not 13 Investment Interest. Attach form 4952lfrequired.(See page A-3), 13
deductIble. 14 Add lines i0throu h13 . 14 3
477
Gifts to 16 Giftsby cash or check I- ,
.
Charity
Ifyou made a
gl6andgota 16 255.
benefitforit, 16 Otherthan by cash or check. Ifany gift of$250 ormore,
seepage A-4. seepage A-4.You MUSTattach Form 8283irover$500 16
17 Carryover from prior year . . . . . . . . . . . . 17
18 Add llnes15 through 17 . 18 255.
Casuaayand
Then Losses 19 Casualty ortheft losses. Attach Form 4684. See a eA-5. 19
Job Expenses 20 Unrelmbursed employee expenses. Attach F.,m211 o9ur2113e-EZdre.w,ed
and Most
Other
Miscellaneous
Deductions 20
21 Tax preparation fees . . . . . . . . . . . . . 21
22 Otherexperi
(See
age A-6 for 22
p
expensesto 23 Add lines 20 through 22
deducthere.) 24 Enter amount from Form 1040, line 34 iI
r
25 Mutllplyline 24 above by 2%(.02).
25
26 Subtract line 25 from line 23. llline 25 is more than line 23, enter - 0.. 29
Other 27 Other- from list on page A- 6. List type and amount P.
Miscellaneous
Deductions
Total 28 Is Form 1040, line 34, over $126,600 (over $63,300 if married filing separately)? 27
Itemized No. Yourdeduction isnot limited. Add the amounts in the farrighlcolumn
Deductions for lines 4through 27. Also, enteron Form 1040, line 36, the larger ,? 28 9,236.
afthis amount or your standard deduction.
?
I
1
n Yes. Your deduction may be limited. Son nano A. A fnrrh-a,.,, on'1.-.,1-.
KBA For Paperwork Reduction Act Notice, see Form 1040 instructions.
Schedule A (Form 1040) 1999
Sch A. 1040 (1999) FDA. IV 1.9
Supporting Schedules 1999
Name: THEODORE T i RUTH A MINER SSN: 084-40-8255
-----------------------------------------------------------------------------
Schedule A
Line 8 - Other taxes
Description
-------------------------------------------------
OCCUPATIONAL TAX
OCCUPATIONAL TAX
Total
Schedule A
Line 15 - Gifts by Cash or Check
Description
------------------------------------------------------
CHURCH
Total
Amount
--------------------
361
273
634
as=aaaaa
Amount
-----------------
255
255
Farm 8863
D.Oam.nl of lM Wnury
Name(s) shown on return
THEODORE T 6 R
Part I Hope Credit
Education Credits
(Hope and Lifetime Learning Credits)
? See instructions on pages 3 and 4. ? Attach to Form 1040 or Form 1040A.
A
1618
I Sequence No. 51
Your social security number
084-40-8255
1
(a) Student's name
First, Last
(b) Student's
socialsecunty
number (c) Oualifled
expenses
(butdonot
enter more than
$2, 000 for each
student). See
Instructions
(d) Enter the
smalferofthe
amountin
column(c)or
$7,000
(a) Subtract
column(d)from
column(c)
(9 Enter one-hall
ofthe amount in
column a
()
MATTHEW
DECKER 134-66-5346 2,000. 1,000. 1,000. 500.
2 Add the amounts in columns(d) and (1) . . . . 2 1,000. 500.
euu,aernmae eolamnslalanaln ? ( 3 I 1 500
Part 11 Lifetime Learning Credit
4
(a) Student's name
Caution: You First Last
cannot lake the
Hope creditand
the lifetime learning
credit for the same
student.
5 Add the a mounts on line 4, column (c), and enter the total
6 Enter the smaller of line 5 or$5,000 . . . . . .
(b) Student's (c)Qualified
seclalsecudty expenses. See
number Instructions
Part ill Allowable Education Credits
8 Addlines3and7 . . . . . . . . . . . . . . B 1,500.
8 Enter, $100,000 if married filing jointly; $50,000 ifsingle, head of
houwhold,orqualiyingwidow(er) . . . . . . . . . . . . . 9 100,000.
10 Enter the amount from Form 1040, line 34( or Form 1040A, line 19)• . 10 77
It 11 Subtract line 10 from line 9. Ifline 10 isequal to ormore than
line 9, stop; you cannot take any education credits. . . . . . 11 22,942.
12 Enter: $20,000 if married filing jointly; $10,000 if single, head of
houmhold,orqualiyingwldow(er) . . . . . . . 12 20,000.
13 ifline 11 isequal to ormore than fine 12, enterthe amount from line 6 online Mend
go to line 15. If line 11 Is less than line 12, divide line l l byline 12. Enter the result as
a decimal (rounded to at least three places) 13 X
14 Multiply line 8 by line 13. .? 14 1,500.
16 Enter your tax from Form 1040, line 40 (or Form 1040A, line 25) 15 11,085.
16 Enter the total, if any, of your creditsfroin Form 1040, lines 41 and 42(or from
Form 1040A,lines26and27) 16
17 Subtract line 16 from line 15. Ifline 16 is equal to or more than fine l S. stop; you cannot
lake any education credits 17 11 , 085.
18 Education credits. Enterlhe smallerofline 14orline 17 here and on Form 1040,
line 44 (or Form 1040A, line 29) . . . . . . . . . . . . . . . .? 18 1,500.
'See Pub. 970 for the amount to enter if you are filing Form 2555 2555- EZ or 4563, or you are excluding income from Puedo Rloo
KBA For Paperwork Reduction Act Notice, seepage 4. Form 8863(1999)
Form 8863(1999) F08663. 1V 1.9
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TUCKER ARENSBERC & SWARTZ
J, "4 u M
CELEBRATING A CENTURY OF SERVICE Susan .wSeighmen
ssmgern:i9tuch orlaw cm
August 10, 2000
E. Robert Elicker, II
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Miner v. Miner, No. 99-6008 Civil Tenn
Dear Mr. Elicker:
Enclosed is a copy of the Pre-Trial Statement to be filed on behalf of Theodore
Miner. By copy of this letter, I have sent Ms. Lehman a copy of Mr. Miner's Pre-Trial
Statement.
Thank you for your attention to this matter.
Very truly yours,
TUCKER ARENSBERG 8 SWARTZ
Susan M. Seighman J
cc: Ms. Jennifer Lehman
Mr. Tom Miner
111 NORTH FRONT STREET PO BOX 889 HARRISBURG. PA 17108.0889 717.234.4121 800.257.4121 FAX 717.232.6802
Pn6burgh . PRnsburgn Argwtl Naa • Levnslawn
E mad fapc4Iuckertawcom
w Auckerlew.com
TUCKER ARENSBERG & SWARTZ
I I I NORTH FRONT STREET
• P.O. BOX-889
HARRISBURG. PEANSYLVANIA 17108.0889
(717) 234-4121
RUTH MINER, IN THE COURT OF COMMON PLEAS-
Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99 - 6008 CIVIL TERM
THEODORE MINER, CIVIL ACTION -
Defendant IN DIVORCE
INVENTORY AND APPRAISEMENT
OF
THEODORE MINER
I, THEODORE MINER, file 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.
I verify that the statements made in this inventory and
appraisement 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.
2 : :? a 4 z: ? ?Z?A 19z
Theo
dore Miner
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. If an item has been appraised, a copy of the
appraisal report is attached.
(x 1. Real property
(x) 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
( ) 9. Certificates of deposit
(x) 5. Checking accounts, cash
(x) 6. Savings accounts, money market and savings
certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
(x) 9. Life Insurance policies (indicate face value, cash
surrender value and current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 19. Personal property outside the home
( ) 15. Businesses (list all owners, including percentage
of ownership, and officer/director positions held
by a party with company)
( ) 16. Employment termination benefits - severance pay,
workman's compensation claim/award
( ) 17. Profit sharing plans
(x) 18. Pension plans (indicate employee contribution and
date plan vests)
(x) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. Military/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
( ) 26. Other
b
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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.
( ) 2.
( ) 3.
( ) 9.
Unsecured
( ) 5.
( ) 6.
( ) 7.
( ) 9.
Mortgages
Judgments
Liens
Other secured liabilities
Credit card balances
Purchases
Loan payments
Notes payable
Other unsecured liabilities
Continqent or Deferred
( ) 10. Contracts or Agreements
( ) 11. Promissory notes
( ) 12. Lawsuits
( ) 13. Options
( ) 19. Taxes
( ) 15. Other contingent or deferred liabilities
yC ?,
IO ? M
4l
go?$
m
F ?) g
O :7 3 - O
zr. al
Y
m
U
z o & a
M
Household Personalty
Item
Ladies Ruby and
Diamond Enhancer
Estimated Value
S 999
Ladies Diamond Engagement
Ring
Ladies Diamond and Ruby
Bracelet
Diamond/Ruby Baguette
Bracelet
Ladies Diamond Earrings
Ladies Cranberry Ruby
Necklace
TOTAL
$10,000
$ 537
$ 600
$ 999
$ 995
$13,130
CERTIFICATE OF SERVICE
AND NOW, this J?t day of
Kovach, for the firm, Tucker Arensberg 6
that I have, this day, served the within
Appraisement on counsel for Plaintiff by
same in the United States Mail, first cl.
Harrisburg, Pennsylvania, addressed to:
Jennifer Lehman, Esquire
27 South Arlene Street
P.O. Box 6130
Harrisburg, PA 17112
16- , 2000, I, Shaun
Swartz, hereby certify
Inventory and
depositing a copy of the
ass, postage prepaid, at
Shaun Kovach
:Lj iT
.J '" ; ?.
-. (._
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- 3 ..C .,.
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<..
f_?
RUTH MINER, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 99 - 6008 CIVIL TERM
THEODORE T. MINER IN DIVORCE
Defendant/Respondent DR# 29,098
Pacscv# 516101625
ORDER OF COURT
0 ?0 n
AND NOW, this 22"' day of November, 1999, upon consideration of the attached PeliGoµ jor
Alimony Pendcnte Litc and/or counsel fees, it is hereby directed that the parties and their respcXY w '? 1
counsel appear before R.J. Shaddav on December 20. 1999 at 9:00 A .M. fora conference, at l#
Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an for
Alimony Pendcnte Lite be entered. ? T
YOU are further ordered to bring to the conference: > 7
1"C: N iIrl
1
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed < cn
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.111L)
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT.
George E. Hoffer, President Judge
Mail copies on Petitioner
II-22-99 to: < Respondent
Jennifer Lehman, Esquire
Susan Seighman, Esquire
I
Date of Order: November 22, 1999 R. LShadday. Conference Officer \/,//
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE. THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
RUTH MINER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
THEODORE T. MINER,
Defendant
NO. 91- GCvsOcJ7t..,
CIVIL ACTION -LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGH'T'S -
You have been sued in Court. If you wish to defend against the claims set fo# in,oe
following pages, you must take prompt action. You are warned that if you fail to d6 so,ghe 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.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the office of the
Prothonotary.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administrator
4th Floor, Cumberland County Courthouse
Carlisle, PA 17013
717-240-6200
RUTH MINER, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 9 4. 1. 6,0 &' C't_? Tt-.
THEODORE T. MINER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c)
OR 3301(d) OF THE DIVORCE CODE
Plaintiff is RUTH MINER, currently residing in Cumberland County. She has a mailing
address of P.O. Box 183, Marysville, Pennsylvania 17053.
2. Defendant is THEODORE T. MINER, who has resided at 21 Bellview Road, Marysville,
Perry County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 26, 1983 in Deposit, New York.
5. Plaintiff avers that there are no children of the parties under the age of 18.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Neither of the parties in this action is presently a member of the Armed Forces.
8. The Plaintiff and Defendant are both citizens of the United States.
9. Plaintiff has been advised of the availability of marriage counseling and that she may have
the right to request that the Court require the parties to participate in counseling prior to a divorce
decree being handed down by the Court.
10. Paragraphs I - 9 are herein incorporated by reference.
11. The Plaintiff avers that the grounds on which the action is based are as follows:
(a) That the marriage is irretrievably broken.
(b) That Defendant has offered such indignities to the Plaintiff, the injured and innocent
spouse, as to make Plaintiff's condition burdensome and life intolerable; and
(c) The parties are now living separate and apart, at the appropriate time, Plaintiff will submit
an Affidavit alleging that the parties have lived separate and apart for at least two years and that the
marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
12. Paragraph 1 - 11 are herein incorporated by reference.
13. During the marriage, Plaintiff and Defendant have acquired various items of marital
property, both real and personal, which are subject to equitable distribution under Chapter 35 of the
Divorce Code.
WHEREFORE, Plaintiff requests that the Court and/or Master enter an order with regard to
the equitable division of any marital property held by the parties including both real and personal
property and any other property subject to equitable distribution under Chapter 35 of the Divorce
Code.
COUNT III - ALIMONY PENDENTE LITE,
ATTORNEY'S FEFS AND COSTS
14. Paragraphs 1- 11 are herein incorporated by reference.
15. By reason of this action, Plaintiff will be put to considerable expense in the preparation
of her case in the employment of counsel and the payment of costs.
16. The Plaintiff is without sufficient funds to support self and to meet the costs and
expenses of this litigation and is unable to appropriately maintain herself during the pendency of this
action.
17. Plaintiffs income is not sufficient to provide for reasonable needs and pay her attorneys
fees and the costs of this litigation.
18. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her
counsel fees, costs and expenses.
WHEREFORE, Plaintiff requests that the Court and/or Master enter an order awarding
alimony pendente lite, counsel fees and expenses to the Plaintiff and against the Defendant in an
amount deemed appropriate pursuant to Section 3701, et seq. of the Divorce Code.
19. Paragraphs 1 - 11 are herein incorporated by reference.
20. Plaintiff lacks sufficient property to provide for reasonable needs.
21. Plaintiff is unable to sufficiently support self through appropriate employment.
22. Defendant has sufficient income and assets to provide continuing support for the
Plaintiff.
WHEREFORE, Plaintiff requests that the Court and/or Master enter an order awarding
alimony for Plaintiff and against Defendant in an amount and for a period of time deemed
appropriate upon consideration of all factors, pursuant to Section 3701, et seq. of the Divorce Code.
Respectfully submitted,
Byc? ?-lfihtnn.
Je er L. Libman, Esquire
27 South Arlene Street
P.O. Box 6130
Harrisburg, PA 17112
(717) 671-1200
Date: 9-30-9?
VERIFICATION
I verify that the statements made in the foregoing Complaint in Divorce are true and correct
to the best of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities.
RUTH MINER
Date: 9/d 9/99
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PACSES ID 516101625
RUTH MINER, : IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. DOMESTIC RELATIONS SECTION
CIVIL ACTION - LAW
THEODORE MINER,
Defendant/Respondent NO. 99-6008 CIVIL TERM
ORDER OF COURT
AND NOW, this 20" day of December, 1999, based upon the Court's determination that
Petitioner's monthly net income/eaming capacity is $1,434.38 per month and Respondent's monthly
net income/eaming capacity is $4,183.47 per month, it is hereby Ordered that the Respondent pay to
the Pennsylvania State Collection and Disbursement Unit, $1,150.00 a month payable bi-weekly as
follows; 529.22 bi-weekly ($437.18 bi-weekly for alimony pendente lite and $92.04 bi-weekly on
arrears). First payment due December 22, 1999, paid to respondent's attorney. Arrears set at
$2,850.00 as of December 20, 1999. The effective date of the order is October 1, 1999.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds,
after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the
Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not
limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the PA SCDU to: Ruth Miner. Payments must be made by
check or money order. All checks and money orders must be made payable to PA SCDU and mailed
to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the defendant's PACSES Member Number or Social Security Number in order
to be processed. Do not send cash by mail.
Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the
respondent and 100% by petitioner. The plaintiff is responsible to pay the first $250.00 annually in
unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30)
days after the entry of this order, the Petitioner shall submit written proof that medical insurance
coverage has been obtained or that application for coverage has been made. Proof of coverage shall
consist, at a minimum, of 1) the name of the health care coverage provider(s); 2) any applicable
identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be
made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and
the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a
description of all deductibles and co-payments; and 8) five copies of any claim forms.
This Order shall become final ten days after the mailing of the notice of the entry of the Order
to the parties unless either party files a written demand with the Prothonotary for a hearing de novo
before the Court.
DRO: R. J. Shadday
Mailed copies on Petitioner
,a a 3 W to: < Respondent
Jennifer Lehman, Esquire
Susan Scighman, Esquire
BY THE COURT,
Edgar B. Bayley 1 J.
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RUTH MINER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 6008 CIVIL
THEODORE MINER,
Defendant IN DIVORCE
TO: Jennifer L. Lehman Attorney for Plaintiffv-?
Susan M. Seighman Attorney for Defendant
DATE: Thursday, July 6, 2000
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.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE 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.
RUTH MINER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 6008 CIVIL
IN DIVORCE
VS.
THEODORE T. MINER
Defendant
NOTICE OF PRE-HEARING CONFERENCE
TO: Jennifer L. Lehman Counsel for Plaintiff
Susan M. Seighman 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 27th day of October,
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: 8/15/00 E. Robert Elicker, II
Divorce Master
RUTH MINER,
VS.
Plaintiff
THEODORE T. MINER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 6008 CIVIL
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Jennifer L. Lehman
Ruth Miner
Susan M. Seighman
Theodore T. Miner
Counsel for Plaintiff
Plaintiff
Counsel for Defendant
Defendant
A conference has been scheduled at the office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 15th day of November, 2000, at 1:30
p.m., with counsel and the parties to discuss the
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
October 27, 2000 Divorce Master
i
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
July 17, 2000
Jennifer L. Lehman
Attorney at Law
P.O. Box 6130
27 Arlene Street
Harrisburg, PA 17112-0130
West Shore
697-0371 Ext. 6535
Susan M. Seighman
Attorney at Low
TUCKER, ARENSBERG & SWARTZ
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
RE: Ruth Miner vs. Theodore T. Miner
No. 99 - 6008 Civil
In Divorce
Dear Ms. Lehman and Ms. Seighman:
I received from counsel certification that discovery is complete.
A divorce complaint was filed on September 30, 1999, raising grounds
for divorce of irretrievable breakdown of the marriage and indignities. The
complaint also raised the economic claims of equitable distribution, alimony
pendente lite, alimony, and counsel fees and costs.
In accordance with P.R.C.P. 1920.33(b), I am directing each counsel to
file a pretrial statement on or before Friday, August 11, 2000. Upon receipt
of the pretrial statements, I will immediately schedule a pre-hearing
i
MS. LEHMAN AND MS. SEIGHMAN, ATTORNEYS AT LAW
17 JULY 2000
PAGE 2
conference with counsel to discuss the issues and, if necessary, schedule a
hearing.
I assume that both parties will sign 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. If
that assumption is not correct, please advise and I will schedule a hearing on
the grounds of indignities.
Very truly yours,
E. Robert Elicker, II
Divorce Master
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.
Jennifer L. Lehman
Attorney at Law
July 12, 2000
Office of the Divorce Master
Nine North Hanover Street
Carlisle, PA 17013
RE: Ruth Miner v. Theodore Miner
No. 99-6008 Civil, In Divorce
Dear Master Ellicker:
Enclosed you will find a certification indicating that I believe discovery has been
completed as to the above-captioned divorce matter.
Sincerely,
Jennifer L. Lehman
JLL:lsf
Enclosure
cc: Susan Seighman, Esquire
Ruth Miner
P.O. Box 6130 . 27 South Arlene Street • Harrisburg, PA 17112-0130. 717-671-1200 • telecopier 717.671-9601
J `
RUTH MINER,
Plaintiff
VS.
THEODORE MINER,
Defendant
TO: Jennifer L. Lehman
Susan M. Seighman
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6008 CIVIL
IN DIVORCE
Attorney for Plaintiff
Attorney for Defendant
DATE: Thursday, July 6, 2000
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.
N/A
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
N/A
7-16-00 ivn??, ?1 lm
DATE COUNSEL FOR PLAINTIFF (x)
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.
RECEIVED BOTH CERTIFICATION
DOCUMENTS - NEED A DIRECTIVE
FOR PRETRIAL STATEMENTS
TUCKER ARENSBERG & SWARTZ
"A /
CELGBWING A CI:NTll0.1' OF SIiRVICC Susan M. Seighrnan
s,mghman®IucNOtlawrom
July 11, 2000
Robert E. Elicker ll, Esquire
9 North Hanover Street
Carlisle, PA 17013
RE: Miner v. Miner
No. 99 - 6008 Civil
Dear Mr. Elicker:
Enclosed is the signed Certification in the above referenced matter.
Very truly yours,
TUCKER ARENSBERG & SWARTZ
Susan M. Seighman
SMS/smk
Enclosure
111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108.0889 717434-4121 8004574121 FAX 717@320802
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RUTH MINER,
Plaintiff
vs.
THEODORE MINER,
Defendant
TO: Jennifer L. Lehman
Susan M. Seighman
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 6008 CIVIL
IN DIVORCE
Attorney for Plaintiff
Attorney for Defendant
DATE: Thursday, July 6, 2000
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.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE 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.
RUTH MINER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 6008 CIVIL
THEODORE T. MINER,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this I day of
2000, the parties and counsel having entered into an
agreement and stipulation resolving the economic issues on
November 15, 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 consenc of the
parties so that a final decree in divorce can be entered.
cc: Jennifer L. Lehman
Attorney for Plaintiff
Susan M. Seighman
Attorney for Defendant
BY THE COURT,
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RUTH MINER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 6008 CIVIL
THEODORE T. MINER,
Defendant IN DIVORCE
THE MASTER: Today is Wednesday, November 15,
2000. This is the date set for a conference between counsel
and the parties to discuss the outstanding economic issues.
Present in the hearing room are the
Plaintiff, Ruth Miner, and her counsel Jennifer L. Lehman, and
the Defendant, Theodore T. Miner, and his counsel Susan M.
Seighman.
This action was commenced by the filing of a
divorce complaint on September 30, 1999, raising the grounds
for divorce of irretrievable breakdown of the marriage and
indignities. Counsel have indicated that the parties are
going to sign 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 complaint also raised the economic claims
of equitable distribution, alimony, alimony pendente lite, and
counsel fees and costs.
The Master has been advised that after
negotiations this afternoon the parties have reached a
settlement with respect to the outstanding economic issues.
An agreement is going to be placed on the record in the
presence of the parties. The agreement as placed on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except for
correction of typographical errors which may be made during
the transcription. The parties and counsel will return later
today to review the draft of the agreement for typographical
errors, make any corrections as necessary, and then affix
their signatures affirming the terms of settlement as stated
on the record.
After the Master has been provided a final
agreement, he will prepare an order vacating his appointment
and counsel will then be able to file a praecipe transmitting
the record to the Court requesting a final decree in divorce.
The parties were married on November 26,
1983, and separated September 27, 1999. There were no
children born of this marriage. Ms. Lehman.
MS. LEHMAN:
1. The parties agree that each will sign affidavits of
consent and waivers of notice of intention to request entry of
divorce decree and will provide said documents to the Master
within ten (10) days of today's date.
2. The parties agree that the proceeds from the sale of
the marital home shall be evenly divided between the parties.
Each party will retain sole ownership of the bank account
which is under their respective social security numbers. The
parties and/or counsel will cooperate in signing any necessary
documents to release the accounts to the party receiving the
account.
3. Husband will transfer to wife the sum of $115,000.00 as
a roll over from his TYCO 401(k) plan and any interest accrued
on the $115,000.00 from today's date until the date of the
roll over. Wife will inform husband's counsel of the
retirement vehicle that she intends to accept the roll over.
The parties intend that this transfer will not cause any tax
consequences to either party and husband will be responsible
for initiating the roll over to wife's account.
4. Wife will deliver the Marque diamond solitaire ring to
husband's attorney's office within 15 days of today's date.
Said ring shall become the sole and separate property of
husband free of any claims by wife.
5. Each party will retain ownership of the those items of
marital property that are currently in their possession other
than those items mentioned in this agreement. Specifically
husband will retain ownership of the balance of the 401(k)
account in his name and his Bendix pension, and wife will
retain ownership of the IRA account in her name and the
Prudential life insurance policy.
6. Each party will retain their respective Roth IRAs.
7. Each party waives any rights which they may have to the
other party's pension accounts.
8. Husband shall pay to wife the sum of $800.00 per month
as alimony for a period of four years commencing November 15,
2000. The alimony shall be nonmodifiable but may terminate
early upon the death of either party, wife's remarriage, or
wife cohabitating with a nonrelated male. It is understood
that currently husband is paying alimony pendente lite in the
amount of $950.00 per month. Those payments will terminate,
with arrears to stand; the alimony payments to begin November
15, 2000, in the amount of $800.00 per month and will be paid
through the Domestic Relations Office until terminated either
by the payment over four years or the other termination
provisions relating to the death of either party, remarriage
of wife, or wife's cohabitation with a person of the opposite
sex.
9. Each party will pay their own counsel fees and costs.
10. 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.
MS. LEHMAN: Ruth, have you heard the
agreement that was read onto the record by me just now?
MS. MINER: Yes.
MS. LEHMAN: And do you understand the terms
of the agreement?
MS. MINER: Yes.
MS. LEHMAN: Do you have any questions?
MS. MINER: No.
MS. LEHMAN: And you agree to that at this
point?
MS. MINER: Yes.
MS. SEIGHMAN: Tom, am I correct that you
were present here today when we recited the terms of the
agreement?
MR. MINER: Yes.
MS. SEIGHMAN: And do you understand the
terms of this agreement?
MR. MINER: Yes.
MS. SEIGHMAN: Do you have any questions
concerning any of the terms of the agreement?
MR. MINER: None.
MS. SEIGHMAN: Do you agree to the terms in
the agreement?
MR. MINER: Yes, I do.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS:
'YOM? J c 6/ x. na
J nnif r L. Lehman
Attorney for Plaintiff
DATE:
Ruth Miner
?1,4/l // l Jr DU ? l? // /S Od
Susan M. Seighia Theodore finer
Attorney for De endant
ORDER(NOTICE O WITHHOLD INCOME FOR SUPPORT
?L. 99 -lPoa,y Cr/V/L
State Common w wealth Of Pennsylvania /I/JC'Sf? ?7I(L/Q/?a.7 S7 0 Original Order/Notice
CO./City/D•ISt. Of CUMBERLAND O Amended Order/Notice
Date of Order/Notice 11/29/00 b O Terminate Order/Notice
Court/Case Number (See Addendum for case summary)
Employer/Withholder's Federal EIN Number
TYCO ELECTRONICS
Employer Withholdoes Name
M S 161 051
Employer/Wilhholdees Address
PO BOX 3608
HARRISBURG PA 17105-3608
IRE: MINER, THEODORE T.
1 Employee/Obligor's Name (Last, First, MI)
1 084-40-8255
Employee/Obligor's Social Security Number
5883100403
Employee/Obligor's Case Identifier --
(See Addendum for plaintiff names assodated with cases on attadimen0
Custdial Parent's Name (Last, First, M0
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.
$ 000. 00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no
$ _ 0. 00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 800.00 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:
$ 184.62 per weekly pay period.
$ 369.23 per biweekly pay period (every two weeks).
$ 4oo. oo per semimonthly pay period (twice a month).
$ 800.00 per monthly pay period.
REMITTANCE INFORMATION.
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676.9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANTS NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY ER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. r? t (?
BY THE RT
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xc: defeniant l?b"1?^•?- r
Date of Order: N•„-b,, 30 ,
E9gar B. Bayley JUDGE
Form EN-028
Service Type M ox+n No, 00704154 Worker ID $IATT
nne iv31100
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
? If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.' iNithhoMing-You-must vportthe-paydateMatcefwithholdingwhemendingtheinymentihe-
ich-ama+^twarwithhekfimm-the employecswager. 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%obligorand you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2303325750
EMPLOYEE'S/OBLIGOR'S NAME: MINER. THEODORE T.
EMPLOYEE'S CASE IDENTIFIER: 5883100403 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employeelobligor'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 Stale in which he or she is
employed governs.
9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.C. 41673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
P.O. BOX 320
CARLISLE PA 17013
Service Type M
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (7171 24o-6248 or
by Internet
Page 2 of 2
oMa N9.: 09;00, s,
r,plmbn one 14131100
Form EN-028
WorkerlD $IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MINER, THEODORE T.
PA S 5 Number 516101625// oqy PACSES Case Number
Plaintiff Name Plaintiff Name
RUTH A. MINER
Docket Attachment Amount Docket Attachment Amount
99-6008 CIVIL$ 800.00 $ 0.00
Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB
?If checked, you are required to enroll the child(ren) ?If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available identified above in any health insurance coverage available
through the employee's/obligor's employment. through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
. ........... ..... .
?lf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
? If checked, you are required to enroll the child(ren)
identified above in any'iealth insurance coverage available
through the employee's'obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
? If checked, you are required to enroll the child(ren) ?lf checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available identified above in any health insurance coverage available
through the employee's/obligor's employment. through the employee's/obligor's employment.
Addendum Form EN-028
Service Type M WorkerlD $IATT
oms eR.: awon 154
[,;.Von DA, tV31/00
C- C)
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
P.ONBO 320, CARLISLE, A. 107 13
Defendant Name: THEODORE T. MINER
Member ID Number: 5883100403
Please note: All correspoodeoce main Include the Member ID Number.
BBr ancial Break Down of Mul[Int r on
aso-- Attachment
Plaintiff Name PACSPS Docket
RUTH A MnMR Caw Number Number Attachment AmounUFreau nev
,'f?7-09k 516101625 99-6008 CIVIL $ 800.00 MONTH
i /
TOTAL ATTACHMENT AMOUNT; $
800.00
Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment
Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $184.62
per week, or 50 °%, of the Unemployment Compensation benefits otherwise payable to the Defendant,
THEODORE T. MINER Social Security Number 084-40-8255 , Member
ID Number 5883100403 . BUCBA is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this
court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total
amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673
(b)(2) and 23 Pa. C.S.A. § 4348 (g).
This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated MARCH 11, 2001 is exhausted, expired or deferred.
BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
Date of Order: March 20, 2001
Service Type M Form EN-530
Worker ID $IATT
BY THE COURT
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Defendant Name: THEODORE T. MINER
Member ID Number: 5883100403
Please rate: All correspoodeme must Include the Member ID Number.
ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS
Financial Break Down of Multiple Cases on Attachment
PACSFS Docket
Plaintiff Name Case Numbcr Number _Anachment AmounUFrequencv
RUTH A. MINER (5?16101625r/ 99-6008 CIVIL }$$ 800.00 /MONTH
5 /
S /
TOTAL ATTACHMENT AMOUNT: S 800.00
Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment
Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of S 184.62
per week, or 5o %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
THEODORE T. MINER Social Security Number 084-40-8255 , Member
ID Number 5883100403 . BUCBA is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this
Court for support and/or support arrearages.
If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for
support and/or support arrearages. DPW may reduce the amount attached under this Order so that the total
amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673
(b)(2) and 23 Pa. C.S.A. § 4348 (g).
This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated OCTOBER 20, 2002 is exhausted, expired or deferred.
BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order.
OCT 2 9 AV ? r3 tALf LL JUDGE
Form EN-530
Service Type M Worker ID $IATT
> Cl)
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RUTH MINER,
IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99-6008 CIVIL TERM
THEODORE MINER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF ELECTION TO RESUME MAIDEN NANM
Notice is hereby given that pursuant to the above-captioned divorce action, Plaintiff
hereby elects to resume.her maiden name of BROWN, and gives this written notice of her
intention in accordance with the provisions of 54 Pa.C.S. Section 704.
RUTH ANN MINER
To be known as
RUTH ANN BROWN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS:
On the /J;1-1 day of Dc4pbPr , 2002, before me, a Notary Public,
personally appeared RUTH ANN MINER, to be known as RUTH ANN BROWN, known to me
to be the person whose name is subscribed to the within document and acknowledged that she
executed the foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
7Y Z'1 "( IT,
Notary Public
NOTARIALSEAL
MELISSA A. POLING, Notary Public
Lower Paxton Up., Dauphin Bounty
My Commisslon Expires Sept. 1,2003
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TUCKER ARENSBERG & SWARTZ
111 NORTII FRONT STREET
P.O. BOX 4R9 2001
HARRISBURG.VENNSYLVANIA 17108-0889 JUN 1 -
17171'-!4-4121
CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99 - 6008 CIVIL TERM
THEODORE MINER, : CIVIL ACTION -
Defendant : IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
WHEREAS this Court has jurisdiction over Plaintiff and Defendant and the subject
matter of this Order;
WHEREAS, this Order is intended to be a qualified domestic relations order ("QDRO")
under section 206(d) of the Employee Retirement Income Security Act of 1974, as amended
("ERISA"), and section 414(p) of the Internal Revenue Code of 1986, as amended ("Code").
WHEREAS Plaintiff and Defendant have stipulated that the Court enter this Order
1. As used in this Order, the following terms shall apply:
a. Identification of Participant
Theodore T. Miner is a participant in the Plan ("Participant"). The following information
relates to the Participant:
Social Security Number: 08440-8255
Date of Birth: August 3, 1949
Current Address: 7 Riddle Road
Camp Hill, PA 17011
b. Identification of Alternate Payee
Ruth Ann Miner is the former spouse of the Participant ("Alternate Payee"). The
following information relates to the Alternate Payee:
Social Security Number: 079-42-0894
Date of Birth: May 7, 1949
Current Address: 1104 Yverdon Drive, Apt. C-2
Camp Hill, PA 17011
Relationship to Participant Former Spouse
C. Identification of Plan
This Order applies to the Tyco International (US), Inc., Retirement Savings and
Investment Plan I and any successor plan ("Plan").
LIT 353002.00C - 1 -
d. Identifcation of Plan Administrator
"Plan Administrator" shall mean Retirement Committee of Tyco International (US) Inc.,
Tyco International (US) Inc., P.O. Box 5035, Boca Raton, Florida 33431-0835.
e. Valuation Date
Valuation date shall mean November 15, 2000.
2. Participant and Alternate Payee were married on November 26, 1983 and divorced on
December 18, 2000. The parties entered into a Marital Settlement Agreement on
November 15, 2000.
3. Domestic Relations Law
This Order is granted in accordance with the domestic relations law of Pennsylvania
relating to martial property rights, child support, alimony or spousal support rights.
4. Award to Alternate Payee
The Alternate Payee is assigned and awarded:
the sum of $115,000 effective on the valuation date of November 15, 2000 and
proportionately from all investment options of the Participant on said valuation date,
plus a proportionate share of the gains credited to the Participant's account on said
$115,000 award, effective from the valuation date of November 15, 2000 to the date
the award is withdrawn to establish the Alternate Payee's account.
Said gains shall not include direct contributions made by the Participant after
November 15, 2000 and shall include only gains that accrued on the Alternate Payee's
proportionate share of $115,000 from November 15, 2000 to the date the award is
withdrawn to establish the Alternate Payee's account.
The total sum withdrawn shall not be in excess of the Participant's vested accounts.
For this purpose, the value of the Participant's vested accounts shall be determined on
the date the award is withdrawn from said accounts, and shall exclude the then
balance of any outstanding loan made to the Participant under the Plan from said
accounts.
5. Establishment and Administration of Alternate Payee's Account
The award made to the Alternate Payee in paragraph 4 above shall be withdrawn
proportionately from each of the Participant's accounts under the Plan and from each
of the investment funds in which said accounts are invested. Said award shall be
segregated in an individual account under the Plan in the name of the Alternate
Payee ("Alternate Payee's Account") and shall initially be invested in the same
LIT 353002. DOC
-2-
investment funds from which withdrawn. The Alternate Payee's Account shall be
administered in the same manner as an account maintained under the Plan for a
terminated, one hundred percent vested participant (which shall include the right of
the Alternate Payee to direct the investment of the Alternate Payee's Account for so
long as the terms of the Plan provide generally for the Participant's direction of
investments).
6. Death of Alternate Payee
The Alternate Payee shall have the right to designate a beneficiary to receive a
distribution of the Alternate Payee's Account upon the Alternate Payee's death in
accordance with the applicable terms of the Plan. If no beneficiary has been
appointed, the Alternate Payee's award will be distributed to the Alternate Payee's
estate. Said designation of beneficiary shall be made without regard to the
Participant's designation of a beneficiary for the Participant's accounts under the Plan
and shall not require the consent of the Participant.
Death of Participant
The death of the Participant shall not reduce, abate or terminate the award made to
the Alternate Payee in paragraph 4 above. The Alternate Payee shall not be treated
as the Participant's "surviving spouse" for purposes of Code §§ 401(a)(11) and 417
with respect to the Participant's accounts under the Plan, and the Alternate Payee shall
have no right to receive a distribution of the Participant's accounts under the Plan upon
the Participant's death (unless the Participant designates the Alternate Payee as a
beneficiary in accordance with the terms of the Plan).
8. Participant's Interest
Other than the award made to the Alternate Payee in paragraph 4 above, the Alternate
Payee shall have no right or interest to any portion of the Participant's accounts or
benefits under the Plan. Nothing in this Order shall restrict the Participant's rights to
obtain a distribution, withdrawal or loan from the Participant's accounts under the Plan
and to designate a beneficiary to receive a distribution of the Participant's accounts
under the Plan upon the Participant's death.
9. Compliance with Code/ERISA Requirements
This Order is intended to comply with the applicable provisions of the Code and
ERISA. Nothing in this Order shall require the Plan to provide or pay:
a. any benefits not permitted under the Code or ERISA;
b. any type or form of benefit or option not provided under the Plan;
C. any benefits in excess of the value of the Participant's vested accounts under
the Plan (as determined in accordance with paragraph 4 above); and
LIT 35300 2. DOC
-3-
d. any benefits to the Alternate Payee that are required to be paid to another
alternate payee under another order previously determined to be a QDRO.
10. Plan Administrator/Effective Date
A copy of this Order shall be served on the agent of the administrator of the Plan,
Fidelity Investments Institutional Operations Company, Inc. This Order shall take
effect immediately upon approval of this Order by the Plan Administrator as a QDRO,
and the award made to the Alternate Payee in paragraph 4 above shall be segregated
in the Alternate Payee's Account as soon as reasonably practicable thereafter. The
death of the Participant after service of the Order on the Plan Administrator and before
the Plan Administrator's approval of the Order shall not reduce, abate or terminate the
award made to the Alternate Payee in paragraph 4 above, and said award shall be
segregated in the Alternate Payee's Account before any distribution of the Participant's
accounts is made on account of the Participant's death, provided that the Order is
approved by the Plan Administrator as a QDRO.
12. Retention of Jurisdiction
The Court shall retain jurisdiction to amend this Order for the sole purpose of
establishing or maintaining its qualification as a CORO. The Court shall also retain
jurisdiction to enter such further orders as may be necessary to enforce the terms of
this Order. This Order shall remain in effect until further order of this Court.
IT IS SO ORDERED:
Date: , V%AQ Zv r
CONSENTED TO:
Theo_doore/T?. Miner,/Pa ipant
Ruth A. Miner, Alternate Payee
LIT 353002 DOC
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R?5