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HomeMy WebLinkAbout92-0135ASO'F CASE# )99a- /3s HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. N/ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 006000022 0Original Order/Notice Co./City/Dist. of CUMBERLAND 135 C 92 O Amended Order/Notice Date of Order/Notice 04/13/07 O Terminate Order/Notice Case Number (See Addendum for case summary) RE: REIDY, THOMAS R. SR Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 211-36-1672 Employee/Obligor's Social Security Number BUREAU OF COMMONWEALTH 0602000026 C/O PAYROLL OPERATIONS Employee/Obligor's Case Identifier ATTACHMENTS RESEARCH UNIT (See Addendum for plaintiff names PO BOX 8006 associated with cases on attachment) HARRISBURG PA 17105-8006 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0. 00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0. oo per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) fora total of $ 0.00 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: $ o. 0o per weekly pay period. $ o, oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 NAMEAND THE PACSES MEMBER /D (shown above as the EmployeelObligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: APR 1-0/b ZOO? DRO: R.J. Shadday Service Type M BY THE rw y C V 4?n dgar B. Bayley, Judge E Form EN-028 Rev. OMB No.: 0970-01.54 Worker ID IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a copy of this form to your mployee. If yo r employee works in a state that is diferent from the state that issued this order, a copy must be provi3ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Pagdate/Date-of Withholding: You must reportthe-paydate/dateowithhold ing when-send' g hepayment ihe- paydate/date of withholding is date on which amount was withheld fiom the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: REIDY THOMAS R. SR EMPLOYEE'S CASE IDENTIFIER: 0602000026 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (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; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us if you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT Page 2 of 2 OMB No.: 0970-01.,)4 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: REIDY, THOMAS R. SR PACSES Case Number 006000022 PACSES Case Number Plaintiff Name Plaintiff Name MARGARET M. MC MILLAN Docket Attachment Amount Docket Attachment Amount 135 C 92 $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(re.n)'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. PACKS 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. 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. ? 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. 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. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB Nn.: 0970-0754 Q _ C3i J kD ...l (^. -4t# ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET M. REIDY, Plaintiff NO. 135 CIVIL 1992 V. THOMAS R. REIDY, SR., Defendant CIVIL ACTION - LAW IN DIVORCE Re: PETITION TERMINATE OF MODIFY THE 4117193 ALIMONY ORDER ORDER AND NOW, this day of , 2007, upon consideration of the within Petition, IT IS HEREBY ORDERED that: 1. A Rule is issued upon the Respondent, Margaret M. Reidy, to show cause why the Petitioner, Thomas R. Reidy , is not entitled to have his alimony obligation set forth in the 4/17/93 Order terminated as requested in the within Petition. Rule Returnable days after service of this Order upon Respondent, Margaret M. Reidy. 2. Within days after the date of service of this Order upon Respondent, Margaret M. Reidy, each party shall file with the Court, and provide the other party with, the following (1) a completed Income and Expense Statement in the form prescribed by Pa.R. C. P. 1910.27(c)(2)(B); (2) his or her pay stubs or other evidence of income for the preceding six (6) months; and (3) complete copies (with all schedules and W-2 statements) of his or her income tax returns for 2006. 3. A copy of this Order and the within Petition shall be served upon Respondent, by Petitioner's counsel. For that purpose only, Domestic Relations shall provide Petitioner's Counsel, Diane G. Radcliff, Esquire with Respondent-Margaret M. Reidy's address. BY THE COURT: J. Distribution to: Attorney of Record for Petitioner, Margaret M. Reidy Pro Se Thomas R. Reidy, Sr. Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 Fax: 717-975-0697 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET M. REIDY, Plaintiff NO. 135 CIVIL 1992 V. CIVIL ACTION - LAW THOMAS R. REIDY, SR., IN DIVORCE Defendant PLEADING COVER SHEET TYPE OF PLEADING: Petition Terminate of Modify the 4/17/93 Alimony Order PREPARED AND SUBMITTED BY: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff Ccomcast.net Supreme Court ID # 32112 Attorney for Petitioner PETITIONER: Thomas R. Reidy, Sr. ATTORNEY FOR PETITIONER: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff@comcast.net Supreme Court ID # 32112 RESPONDENT: Margaret M. Reidy ATTORNEY FOR RESPONDENT None Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717.975-0697 Email: dianeradcliff @comcast.net Attorney for Petitioner, Thomas R. Reidy, Sr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET M. REIDY, Plaintiff V. THOMAS R. REIDY, SR., Defendant NO. 135 CIVIL 1992 CIVIL ACTION - LAW IN DIVORCE Y THE 4/17/93 ALI AND NOW, this day of May, 2007, comes the Petitioner, Thomas R. Reidy, Sr. by his attorney, Diane G. Radcliff, Esquire, files the above referenced Petition, and respectfully represents that: 1. 2. 3 4. 5. Your Petitioner is Thomas R. Reidy, Sr., the Defendant in the above captioned action. Your Respondent is Margaret M. Reidy, the Plaintiff in the above captioned action. This is an action in divorce and specifically the modification of the Order for alimony entered on April 17, 1995. The parties were married on November 26, 1969, and separated on December 8, 1991, a period of 22 years. Petitioner has been supporting the Respondent since the parties' separation, 1 which from the December 8, 1991 date of separation to the present is a period of 15.5 years. 6. The support of the Respondent by the Petitioner has been in the form of alimony pendente lite from December 8, 1991 through November 9, 1993, and thereafter in the form of alimony, said payments made or being made pursuant to the orders hereinafter mentioned. 7. As set forth on page 4 of the Master's Report filed on September 27, 1993, (hereinafter "9127193 Master's Report"), on February 25, 1992, this Honorable Court entered an Order which required in pertinent part that the Petitioner pay the Respondent the sum of $174.00 bi-weekly or $376.00 monthly in alimony pendente lite. A true and correct copy of the 9/27/93 Master's Report is attached hereto, marked Exhibit "A" and made a part hereof. 8. On November 9, 1993, this Honorable Court entered an Order requiring the Petitioner to pay the Respondent $600.00 monthly in alimony, the amount and duration of which would be subject to modification upon Petition by either party (hereinafter "11/9/93 Final Order"). A true and correct copy of the 11/9/93 Final Order is attached hereto, marked Exhibit "B" and made a part hereof. 9. As found by the Divorce Master in the 9/27/93 Master's Report, at the time of the second hearing in the 1993 Divorce Master's proceedings the parties earnings were as follows:' 1993 Earnings Party Biweekly Monthly Annually Petitioner $2,514.00 $5,447.00 $65,364.00 Respondent $240.00 net $520.00 net $6,240.00 net 'See pages 3-4 of the 9/27/93 Master's Report, attached hereto as Exhibit "A". 2 10. On April 17, 1995, this Honorable Court modified the 11 /9/93 Final Order by entering an Order dated April 17, 1995 requiring the Petitioner to pay the Respondent alimony at the rate of $350.00 per month effective April 15, 1995, (hereinafter the "4117195 Alimony Modification Order") A true and correct copy of the 4/17/95 Alimony Modification Order is attached hereto, marked Exhibit "C" and made a part hereof. 11. At the time of hearing on the 1995 alimony termination/ modification proceedings, which resulted in the 4/17/95 Order, and as found by the Court in its order dated April 15, 1995 (hereinafter the "4115195 Order") the parties earnings were as follows: z 1995 Incomes Party Biweekly Monthly Annually Petitioner $2,758.00 $5,976.00 $71,712.00 Respondent $1,100.00 $2,383.00 $28,596.00 A true and correct copy of which 4/15/95 Order, with attachments, is attached hereto, marked Exhibit "D" and made a part hereof. 12. On or about May 9, 1996, Petitioner filed a Petition to Terminate Alimony Order, which Petition was denied by this Honorable Court by Order dated October 21, 1996, (hereinafter "10121196 Order"). A true and correct copy of the 10/21/96 Order is attached hereto, marked Exhibit "E" and made a part hereof. 13. At the time of hearing on the 1996 alimony termination/ modification proceedings, which resulted in the 10/21 /96 Order, the parties earnings were as follows:3 'See pay stubs and computations attached to the 4/15/95 Order attached hereto as Exhibit ""C". 3See pages 2-3 of the 10/26/96 Order, attached hereto as marked Exhibit "E". 3 1996 Incomes Party Biweekly Monthly Annually Petitioner $2,822.30 $6,115.00 $73,382.00 Respondent $1,140.80 $2,471.75 $29,661.00 14. The 10/26/96 Order was affirmed by the Pennsylvania Superior Court by Memorandum filed on January 22, 1998, (hereinafter "1122198 Superior Court Memorandum"). A true and correct copy of the 1/22/98 Superior Court Memorandum is attached hereto, marked Exhibit "F" and made a part hereof. 15. The 4/17/95 Alimony Modification Order attached hereto and marked as Exhibit "D", is still in effect and the Petitioner is currently paying the Respondent the sum of $350.00 per month in alimony, payable through Domestic Relations . 16. Petitioner has no information as to Respondent's employment, income and/or marital status. 17. When the 4/17/95 Alimony Modification Order was entered, Petitioner was a federal civil service employee. 18. Petitioner has retired from his prior federal civil service employment. See page 4 of the 9/27/93 Master's Report, attached hereto, marked Exhibit "A" and made a part hereof. 19. As of 5/1/2007, and as indicted on the Notice of Annuity Adjustment, Petitioner's sole source of income is his Civil Service Retirement @$5,663.00 gross per month ($67,956.00/yr). A true and correct copy of the 5/1/2007 Notice of Annuity Adjustment is attached hereto, marked Exhibit "G" and made a part hereof. 20. Petitioner's current income is $313.00 less per month than his income when the $350.00 per month 4/17/95 Alimony Modification Order was entered, which $313.00 is calculated as follows: 4 Date Gross Monthly Income Gross Annual Income 4/17/1995 $5,976.00 $71,712.00 5/1/2007 ($5,663.00) ($67,956.00) Difference $313.00 $3,756.00 21. In the 1993 equitable distribution /divorce proceedings, the parties possessed and the Court distributed marital assets having a total value of $209,809.56.4 22. Respondent was awarded 60% of the $209,809.56 in marital assets in equitable distribution, said 60% having a total value of $125,885.74, and comprised of the marital home, bank account, personal property, jewelry and a $24,237.48 cash payment from Petitioner to achieve the 60/40 division.5 23. Petitioner received 40% of the marital assets of the $209,809.56 in marital assets in equitable distribution, said 40% having a total value of $83,923.82, and comprised of his civil service retirement, a vehicle, accounts, life insurance policy and a tax deferred savings plan, less the $24,237.48 cash payment to Respondent to achieve the 60/40 division.' $ 24. Petitioner's Civil Service Retirement represented $62,292.00 of the total 'See pages 6-8 and 14-16 of the 9/27/93 Master's Report attached as Exhibit "A" and the 11 /9/93 Final Order attached as Exhibit "B". 5 The $24,237.48 cash payment was reduced to $19,870.53 to account for $3,325.00 in fair rental value owed to petitioner and the $1,041.95 for Respondent's 40% share of the marital debts owed to Petitioner. 'See pages 14-16 of the 9/27/93 Master's Report attached as Exhibit "A" and the 11 /9/93 Final Order attached as Exhibit "B". 'The $24,237.48 cash payment was reduced to $19,870.53 to account for $3,325.00 in fair rental value owed to petitioner and the $1,041.95 for Respondent's 40% share of the marital debts owed to Petitioner. 'See pages 14-16 of the 9/27/93 Master's Report attached as Exhibit "A" and the 11 /9/93 Final Order attached as Exhibit "B", both of which are made a part hereof. 5 $83,9213.80 distributed to Petitioner by the Divorce Master and by this Honorable Court in its November 9, 1993 Final Order, or 70% of the total assets distributed to him as his equitable distribution share.9 10 11 25. The marital value of Petitioner's Civil Service Retirement C $62,292.00 as found by the Divorce Master and this Honorable Court was based on calculations performed by Harry Leister using a monthly benefit earned during the marriage of $1,464.00. A true and correct copy of Harry Leister's Report dated June 8, 1992 is attached hereto, marked Exhibit "H" and made a part hereof. 26. Petitioner's Civil Service Retirement monthly benefits earned during the marriage @ $1,464.00, (distributed as part of equitable distribution based upon present value of the future benefits payable for that Civil Service Retirement ), is 20% of the $5,663.00 monthly benefit Petitioner is currently receiving now that he has retired. Therefore, $4,199.00 of the current $5,663.00 monthly benefits were earned and are attributable to his post separation employment and were not distributed as part of equitable distribution. 12 27. Therefore of that portion of Petitioner's Civil Service Retirement that was not distributed as part of equitable distribution, Husband's earnings have dropped by $1,777.00/mo ($21,324.00/yr) calculated as follows: Date Gross Income/Mo Gross IncomeNr 4/17/1995 $5,976.00 $71,712.00 5/1/2007 w/o ED Portion ($4,199.00) ($50,388.00) Difference $1,777.00 $21,324.00 'Petitioner was awarded 40% of the total marital assets valued at $209,809.56. [$209,809.56 x .40 = $83,923.80]. "Petitioner's Civil Service Retirement C $62,292 represented 70% of the total $83,923.80 in assets Petitioner was awarded. [$62,292: $83,923.80 = .70]. "See page 16of the 9/27/93 Master's Report attached as Exhibit "A" and the 11 /9/93 Final Order attached as Exhibit "B". 12$1,464 : $5,663 = .20. $5,663 -$1,464 = $4,199.00. 6 28. At the time of the hearing resulting in the 4/17/95 Alimony Modification Order, Petitioner reported monthly expenses of $3,509.71. 29. The Petitioner has remarried and because of his Wife's job requirements, he believes his expenses have increased substantially above those expenses he had when the 4/17/95 Alimony Modification Order was entered. 30. The Petitioner believes that the 4/17/95 Alimony Modification Order requiring the Petitioner to pay the Respondent $350.00 per month in alimony should be vacated and the obligation to pay alimony terminated (or in the alternative modified and decreased) in that: A. Petitioner's income has decreased due to his retirement. B. A substantial portion (20%) of Petitioner's current income from his Civil Service Retirement is a marital asset that was distributed as part of equitable distribution. C. Petitioner has remarried and has a new wife to support. D. Petitioner's expenses have increased substantially. E. Respondent has had adequate time to rehabilitate herself appropriately and should not be permitted to have alimony indefinitely. F. Respondent was awarded all of the liquid marital assets as a result of equitable distribution and is capable of using said assets for purposes of supporting herself, and the Petitioner was awarded none of said liquid assets and needs all of his income to be able to support himself. G. Petitioner has been supporting the Respondent since the parties' separation on December 8, 1991 to the present a period of 15.5 years, almost as long as the parties' 22 year marriage. 28. To verify the necessity or fairness of granting the relief requested, the 7 Petitioner/ Defendant requires that he be provided with income and expense information in the form normally requested by the Domestic Relations Office as well as 2006 income tax information. 28. The only judges assigned to this case are as follows: A. The Honorable Harold E. Sheely, P.J., who entered the 11 /19/93 Final Order and the 10/21 /96 Order of Court. B. The Honorable Edgar B. Bayley, P.J. , who entered the 4/17/95 Alimony Modification Order. 29. Respondent was previously represented by Kathleen Keating, Esquire in this case. In the 1996 proceedings. Attorney Keating was advised of the intended filing of this Petition, and on May 8, 2007 responded that she no longer represents the Respondent and does not know how to contact her. 30. Petitioner has not contacted Respondent prior to filing this Petition since her address is unknown. Petitioner believes that said address information is in the possession of Domestic Relations who processes and disburses the alimony payments to the Respondent. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order: A. Directing Domestic Relations to provide Petitioner's Attorney with Respondent's address for the sole purpose of making service of this Petition and all further documents to be filed regarding this Petition. B. To Issue a Rule upon the Respondent, Margaret M. Reidy, to show cause why the 4/17/93 Alimony order should not be vacated, or in the alternative decreased. C. Requiring the parties to file Income and Expense Statements with the Court within 30 days of the date of service of the Petition; 8 D. After the filing of an Answer to the Rule and the Income and Expense Statements, and upon presentation of proper motion, to schedule a hearing on this Petition ; E. After the hearing on this Petition, to terminate or substantially decrease Petitioner's alimony obligation. Respectfully submitted, sv? DCLIFF, ESQUIRE ")k ndle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner 9 VERIFICATION I, Thomas R. Reidy, Sr., verify that the statements made in the foregoing Petition are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r. THOMAS R. REIDY, SR. Dated: 2 EXHIBIT "A" PAGES 3-4 OF THE MASTER'S REPORT FILED SEPTEMBER 27, 1993 i MARGARET M. REIDY, Plaintiff VS. THOMAS R. REIDY, SR., Defendant r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 135 CIVIL 1992 IN DIVORCE Ck" RE: MASTERS REPORT Proceedings held before E. Robert Elicker, II, Divorce Master Cumberland County, Courthouse, 55 West Church Avenue, Carlisle, Pennsylvania on 8 July 1993.-and 2 =eptembcr 1993, commencing at 9:00 a.m. APPEARANCES John J. Krafsig, Jr. Attorney for Plaintiff Diane G. Radcliff Attorney for Defendant 2o, PROCEDURAL HISTORY A divorce complaint was filed in these proceedings on January 13, 1992, raising grounds for divorce of irretrievable l breakdown and indignities. The complaint also raised the economic claims of equitable distribution, alimony and counsel fees and costs. Husband filed an affidavit of consent on April 24, 1992, and wife filed an affidavit of consent on November 18, 1992. P Wife subsequently withdrew her affidavit of consent; however, on ?t1 July 9, 1993, she filed a second affidavit of consent so that the divorce is able to proceed under Section 3301(c) of the l Domestic Relations Code. On February 24, 1993, the Master was appointed in the ?l proceedings. A directive to file pre-trial statements was sent ¦?; and on May 7, 1993, the Master and counsel had a pre-hearing conference. A hearing was subsequently scheduled for July 8, C' 1993, and the parties and witnesses appeared and testified, ? Anothei day was required to complete the testimony so a hearing ?1! was held on September 2, 1993. At that time the record was left open for two weeks to allow counsel to submit certain documents ?I as enumerated in the record. Counsel both submitted memorandums ?f and enclosures on September 17, 1993. The Master thereafter undertook to complete his review of ?I the record and prepared and filed his report and recommendations. itl z_ f ? 'r I STIPULATIONS i 1. The parties stipulate that the husband's gross biweekly income is $2,514.00. i I 2. The parties stipulate that the marital home has a gross value of $102,500.00 subject to a lien with Source One of $24,711.00 as of March 9, 1993. 3. The husband's NFCU savings account, No. 0154588-001 had a value of $648.51 as of the date of separation. 4. The joint DAFCU account, No. 18006 had a value of $1,272.72 as of the date of separation. I 5. The NFCU savings account and the DAFCU account, No. 18006 were received by husband at separation. 6. The husband's Thift Savings Plan which is held solely in his name had a value of $14,097.63 as of the date of ( separation. Husband has continued to make contributions into that account since that date. Until husband terminates his current employment he is unable to withdraw any funds from that plan. i 7. The husband's NFCU IRA account which is held solely in his name had a value as of the date of separation of $5,280.55. There have been no further contributions by I husband since separation into that plan. There have, however, been dividends that have accrued on that plan at approximately $75.00 a quarter. Counsel are going to provide for the record a current statement of that account. Access to that money is, of course, subject to IRS regulations as to penalities and taxation. 8. The husband's Mainstay fund held solely in husband's name had a value as of the date of separation of $1,981.81. Husband has continued to make investments into that account. In addition the account has earned income since the time period of separation. At the time of separation the income level on the marital value was approximately $15.00 per month. The marital portion will be computed at 4% to the date of hearing. 9. Husband's New York life insurance policy had a cash value of $5,612.00 as of the date of separation. This cash value was withdrawn in a form of a loan by husband after separation. 2 1/ -p f t 10. The household tangible personal property in wife's possession had a value of $7,453.00. The household tangible personal property in husband's possession had a value of $5,025.00 and the husband's jewelry had a value of $2,100.00. 11. The parties were married on November 26, 1969, and separated on December 8, 1991. FINDINGS OF FACT 1. The parties wer married on , separated on 2. The parties are the natural parents of two children, Thomas R. Reidy, Jr., who is 21 years of age, and Kimberly M. Reidy, who is 17 years of age. The son, who is in college at Pitt Johnstown Campus resides with his father when school is not in session. The daughter, who is still in high school, resides with the mother. 3. Wife resides in the marital home at 28 Richard Road, Mechanicsburg, Pennsylvania. Wife has been paying the mortgage payments which includes the taxes and insurance. (See Stipulation No. 2 regarding the value of the marital home. The principal balance on the mortgage as set forth in the stipulation has been updated by counsel to September 1993 showing an amount due of $24,105.36.) 4. Wife is 45 years of age and except for stress related problems arising out of the marital dissolution, she is in good physical health. At the time of the first hearing on July 8, 1993, wife was working two part-time jobs, as an independent contractor selling uniforms for Weintraub Brothers Company and as a retail sales clerk for the Bon-Ton stores. At the second hearing on September 2, 1993, wife testified that she had lost the part-time job with Weintraub Brothers Company which resulted in her loss of that income plus the company car. While she was working for Weintraub Brothers Company wife was being paid $100.00 per week and received no commissions on her sales. With respect to the Bon-Ton job she works part-time as needed-gndtakes home approximately $120.00 working a 32.5 hour week. Wife's loss of the job from Weintraub Brothers Company was not as a result of her inattention to the work but because of economic circumstances. Wife is continuing to look for other employment and has sent out numerous resumes 3 A but has not had any success to date in finding a full-time position. 5. Wife was born in Scotland and received her edcuation in th t a country. She completed 10 grades and then was "indentured" by her family to learn the hairdressing trade. Wife has not worked as a hairdresser for approximately 20 years and has not inquired as to what h s e may have to do to become licensed in Pennsylvania. With respect to her academic education, wife did complete the courses and the test necessar t bt i h y o o a n er GED. Wife has expressed some interest in continuing her educatio i n n a business curriculum but did not testify abo t u any efforts she is making to pursue that course of study. 6. Husband is 46 years of age and resides in a two bedroom apartment at 105 East Allen Street, Mechanicsburg , Pennsylvania. He is a supervisory computer specialist with th e Navy Flight Material Support Office. His gross biw cly inreome is $2 514 00 - `" '(See Sti , . . pulation No. 1.) Husband's computer division may be consolidated after two years into another group which means that husband's job ma b i y e n jeapardy although husband indicated he will continue to l k f oo or a placement within the Civil Service System. Husband i s currently being treated by a medical doctor and sees a psychologist on a monthly basis. He takes an antidepressant on a daily basis. 7. Husband has a high school education and an Associates Degree from Harrisbur Are C g a ommunity College. Husband attempted to continue his education after receiving his Associates Degree but because of other responsibilities of wort: and famil h d y a to give up the pursuit of additional education. 8. Pursuant to a Court order in Cumberland County, Pennsylvania husband i , s paying child support for the daughter in the amount of $474 14 . a month ay pondente lice for month. Prior to the° college ar beginning in th f p s s o e allof 1993 husband had been contributing approximately $684 00 . per month toward the son's college education. Although husband testified that he i i s go ng to continue to make a contribution to the son's education husband , was unable to provide any specific information as to what his continuing obligations might be with respect to the son's educational costs for the current school year and beyond. 4 ?n (rv ' R( t 9. Husband is vested in a pension with the Federal Civil Service Retireme t n System. Husband could buy back time served in the military in the United Stat es Navy from April 13, 1966, to March 13, 1974, to add to his pension benefit s upon retirement. To date husband has not purchased the years of military service to add to his pension. In an t y even , any purchase of time to add to his pension benefits would be f o r m nonmarital funds. Husband has medical insurance benefits through his employment and wife will be entitled to a continuation of benefits under the COBRA provisi ons. The cost to wife -quarterly of continuing benefits throu h COBRA i g w ll be $383.94. 10. The marital home has a fair rental value between $600.00 - $800 00 . per month. For purposes of computation in addressing the fair rental value i ssue in this case the Master has used the sum of $600.00 per month as th e rental value. The mortgage payments including taxes and i nsurance are around $425.00 per month which wife has been paying sinc th e e parties separated. 11. Wife has engaged her attorney on a flat rate fee basis paying the s um of $5,000.00. Wife borrowed the money to pay her attorney and is currently making monthly payments on the loan in the amount of $100.00. The balan ce owed by wife on the loan to pay her attorney is $4,450.39. 12. Although husband is not making any claim for counsel fees in this case husba d , n and his attorney offered testimony that he has incurred substantial fees based on an hourly charge of $100.00 plus costs for appraisals and valuations. His fees and costs will exceed $5,000.00. 13. At the time of separation the marital debts of the parties consist d e of the mortgage which was previously addressed, a loan balanc i e n favor of PSL in the amount of $2,414.35 and some small balances on credit cards of $190.52. The PSL and credit card loans were assumed by husband. ` 14. The marital relationship created conflicts he parties causing an t t ger o be displayed through verbal insults. Husband caused damage to d oors as a result of being locked out of the house and rooms and would restrain wife with his hands and arms. When grabbing the phone while wife was calling the police, he pulled the phone off the wall. Wife would withdr aw and would not talk to husband for periods of time, would lock him out 5 /51 .. 11i of the bedroom and the house, and would when she was angry. Neither of the partiesawasbfreesfrom marital misconduct in this case and the Master is not going to try to assess whether one party en a ed misconduct than t g 9 in m he other party. more 15. The list which follows of the marital assets identified by the Master are subject of each asset specifically designated twithwthe a value t W' identification of the asset: ..Marital home situate at 28 Richard Road, Mechancisburg, Pennsylvania (Stipualated value of $102,500.00 less updated mortgage balance of $24,105.36) 1 $ 78,394.64 1991 Toyota Supra automobile (Date of separation value of $17,700.00 less balance on loan of $10,164.45 at date of separation) 2 $ 7,535.55 NFCU savings account, No. 0154588-001 (See Stipulation No. 3) $ 648.51 1• Husband suggests that because the a estate was May 1992 that the value ought ptolbelinc the real conservatively by 3%. The Master does not agree that sth estate market has had an increase in the last ear nor `e real any evidence in the record to sugg. The y there is flat and a lot of sales requireetheapurchasereto takemlesst than the purchase price if the _ purchase was in the last five value.ofTliquid assetsgfromstheedgone. As far as increasing the interest factor, there is no dispute that esuchtfundsswillan increase in an interest bearing account. 2. Husband testified that at NFCU as of 10/19/9landtbetweennthatndate andnthe date to of4'45 separation he paid an additional $120.00 against the principal balance due leaving a date of separation balance on the loan o $10,164.45. Husband has continued to f possess use vehicle since separation as well as con payments on the loan. tinuingato maketthe 6 Interest on NFCU savings account, No. 0154588-001 from month of separation through September 1993, at 4% compounded annually DAFCU account, No. 18006 (See Stipulation No. 4) Interest on DAFCU account, No. 18006 from month of .separation through September 1993 at 4% compounded annually Thrift savings plan (See Stipulation No. 6) Interest on Thrift savings plan from month of separation through September 1993 at 4% compounded annually NFCU IRA account (See Stipulation No. 7) Dividends on NFCU IRA account from month of separation through September 1993 at $75.00 per quarter (See Stipulation No. 7) MainStay Fund (See Stipulation No. 8) Interest on MainStay fund from month of separation through September 1993 at 4% compounded annually New York Life Insurance Policy cash value at date of separation (See Stipulation No. 9) Interest on New York Life Insurance Policy cash value from month of separation through September 1993 at 4% compounded annually DAFCU account, No. 23343 (See Defendant's Exhibit No. 1) $ 48.53 $ 1,272.72 $ 95.16 $ 14,097.63 $ 1,054.04 $ 5,280.55 $ 550.00 $ 1,981.81 $ 148.18 $ 5,612.00 $ 419.62 $ 11,677.49 7 Interest on DAFCU account, No. 23343 from month of separation through September 1993 at 4% compounded annuall y $ 873 .13 Household tangible personal property in wife's possession (See Stipulation No. 10) $ 7 ,453.00 Household tangible personal property in husband's possession (See Stipulati on No. 10) $ 5,025.00 Jewelry in wife's possession (Average of appraisal and wife's opinion as to value) $ 3 ,250.00 Jewelr i h y n usband's possession $ 2,100.00 (See Stipulati on No. 10) Husband's Civil Service Retirement 3 $ 62,292 00 TEAL CONCLUSION OF LAW The grounds for divorce are irretrievable breakdown of the marriage and the parties have signed and filed affidavits of 3• Mr. Leister made his calculation assuming husband would retire at age 62. The Mast er believes that an assumption that husband will not retire until age 62 considerin economic hi it g s s current uation is reasonable. Further, the Master has used the figure assuming husband will work until retirement rather than assuming no fut ure work. u d t r L p a ed his figures to September 2, 1993, the Master, therefore using the figure of $62 , 292 00 , . rather than the report figure as of June 8, 1992, of $58,669.00. The Mast er has not considered any tax consequences upon withdrawal since the withdrawals will be treated as ordinary inc ome and made at some time in the future. Mr. Leister did not conside r any tax consequences and the Master believes such a consideration to affect the o speculative so as present value of the pension? 8 consent in accordance with Section 3301(c) of the Domestic Relations Code entitling them to the entry of a final dec divorce. ree iI ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3502(a) OF THE DOMESTIC RELATIONS CODE 1. 'The parties were married and living together as husband and wife approximately 24 years and have been separated approximately 2 years. 2. Neither party has been previously married. 3. Wife is 45 years of age and complains of no health problems except for stress related to the marital dissolution. Wife has a minimal income from a part- job which she holds-at Bon-Ton stores as a clerk. Stime recently lost another part-time job which she held and is continuing to seek employment. She has a GED but no college level courses and no specific educational training or skills. In order to meet her financial obligations wife continues to be financially dependent o husband. n Husband is 46 years of age and complains of health problems requiring him to see a medical doctor and Psychologist and to use an antidepressant drug. Husband's gross income is in excess of $65,000.00 er year and he has p d Civil Service atthepShipsoPartssControl1Center Federal Mechanicsburg, Pennsylvania. in Husband h an Degree and specific skills in h is-fieldainvolvingctheeus of computers as they relate to his specific job assignments. e income. The needs of husband can be met through his Neither party has an estate aside from the marital assets that are distributed to each of the parties in these ets proceedings except for husbandfs separate contributions since separation to the Thrift savings fund. plan and Mainstay 4. Neither party has contributed in any substantial way the education, training or increased earning capacity of to the other party. 9 M 5. For the present husband is secure in his position with the Federal Civil Service and his opportunity for future acquisitions of assets and i i ncome s superior to wife's considering wife's level of skills and i ncome potential. 6. The sources of income of both parties is what each can earn through their respective employment situations. Husband does have the benefit of retir t emen , medical and insurance benefits. Wife does not have a retire t men plan and her medical benefits will be met at present through what she can purchase either through COBRA .or on a direct pay basis as no benefits are provided in her part-time position. 7. Both parties have contributed to the acquisition d preservation of the marital assets, husband through his employment and wife throu h i i g m n mal employment importantly as a homemaker. Neither has but more Party haas dissi at m d it p e ar al assets. 8. The nonmarital property of wife is insignificant; husband however h , , as been contributing approximately $350.00 per month total to the Thrift i sav ngs plan and the Mainstay fund increasing the nonmarital portion of th ose funds significantly to his own benefit. 9. The standard of living of the parties was above average considering husband's earnin s Th g . e parties had a comfortable home vehicles , , some savings, money for family and social activities as well as th e necessities of food, clothing and medical care. 10. Husband has the potential to enjoy a better standard of living than wife i n the future because of his substantial income and his education and employment skill ' s. Wife s economic circumstances will be affected by the kind of employment whi h c she can obtain to improve her income situation. Wife cannot rely indefinitel o h y n er part-time employment and assistance from husband which will necessit t a e her having to find a full-time position with benefits and perha s i th p n e process obtain some training and improve her work skills. The major tax ramification affecting the parties, (in this case wife who is oin t g g o receive the marital home as a portion of her equitable distribution) is th e potential capital gain tax liability in the event the house is sold. Wife h , owever, has made no effort to sell the house since the parties have separated nor has there 10 been any evidence offered as to specifically what the capital gain tax liability would be to wife if the house were to be sold. Further, it is noted that wife's mortgage payment which includes taxes and insurance is probably less than wife would pay to rent a two bedroom apartment. Consequently, the potential capital gain tax liability is too speculative in this case to have any affect on the distribution. il. The minor daughter of the parties lives with wife; the college age son who is continuing his education at the Pitt Johnstown Campus lives with husband when he is not attending college. DISCUSSION EQUITABLE DISTRIBUTION E Based on the stipulations of the parties, the facts found by the Master, and the analysis of the factors under Section 3502(a) of the Domestic Relations Code, the Master believes that wife should receive 60% of the marital assets and husband should receive 40% of the marital assets. r Husband has a substantial income compared to wife's income and hc-s an t-,arising potential which far exceeds that of wife. The Master, however, is not unmindful of husband's financial obligations; however, wife cannot be left in a substandard status as she moves on with her life. Aside from husband's customary and usual living expenses, he does make an argument that he has personally committed to his son to assist the son with his college education. our state legislature recently passed an act which became 11 Even though / -1 is - effective in July outlining the obligations of parents for post-secondary educational costs where the parents are divorced or separated, the Master agrees with wife's position that her financial situation should be given priority over contributions to the son's education. It is also uncertain as previously pointed out in the findings of fact specifically what husband's obligation will be to the son during the current school year resulting in out-of-pocket expenditures. Although the husband claims he has a tight budget and that his standard of living has been reduced, nevertheless, he has the wherewithal to contribute monies each month to the Thrift savings plan and the Mainstay fund in the approximate total amount of $350.00. These contributions are voluntary on husband's part and constitute assets which husband could utilize in meeting his obligations. Based on the distribution of marital assets, husband will owe a sum of money to wife; however, the Master in the recommendations has not specifically indicated the source of the payment of those funds to wife leaving it up to husband to determine what cash assets he presently holds or other means he wants to utilize in making his required payment. Husband does have certain cash assets which shelter income and may require a penalty if withdrawn. However, if the funds are rolled over to a spouse, the parties can perhaps avoid a penalty. The Master does recognize that aside from the deferred income funds there 12 i is no source of immediate cash available to husband except perhaps through borrowing. Finally, in the recommendations as hereinafter set out, the Master has given husband credit with respect to the fair rental value claim 4 and credit for i payment of marital debt which existed at the time of separation. r A final consideration of the Master is the fact that wife has no future retirement benefits. Although husband is unable i 4. The Master is aware of the case of Schneeman vs. Schneeman, 615 A.2d 1377, 420 Pa. Super 65 (1992) wherein the Court stated " . the trial Court need not compute that equitable share [rental value) as a credit to the non-possessory spouse as long as the total distribution scheme is equitable". The Court did not give a specific credit for rental value. However, the facts in the Schneeman case were more convoluted than in the present case. In the present case wife had possession of the marital home since separation and made the mortgage payments which included taxes and insurance in the approximate amount of $425.00 per month. Husband testified he thought the fair rental value was $800.00 based on a comparison of property he looked at ` when he separated and was looking for a place to rent. The Master considered the value of the marital home, its location and an average condition and determined that $600.00 a month is a fair and reasonable rental value to use in making the rental value computations. Using 19 months (January 1992 through September 1993) at $600.00 per month the rental value would be $11,400.00. On an equal basis each party's share of the value based on an equal allocation would be $5,700.00. Wife made mortgage payments including taxes and insurance of $425.00 per month for the 19 months for a total credit of $8,075.00. Wife, therefore, paid over and above her portion of the rental value the sum of $2,375.00 for which she should receive a credit ' against the $5,700.00 which she would owe husband for his portion of the rental value. The net due husband from wife is $5,700.00 less $2,375.00 or $3,325.00. The Master does not think the distribution scheme in the present case is of such a nature as to negate husband's credit for rental value. 13 to realize a present benefit from the funds which are in his retirement plan, he will in the future enjoy the benefit of his retirement whereas wife will not have any retirement benefits unless she is able to secure employment providing such benefits to her in the future. It should be noted that even if wife acquires a position providing a retirement benefit, it is unlikely that it will attain the value that husband's benefit will attain which means in real terms that any monthly payments wife might receive from a retirement benefit that she is able to acquire on her own will never match the payment which husband will receive. ATMNS T6talx'"walue of marital assets for distribution 6.0% distribution to wife 40-1 -c -stribution to husband RECOMMENDATIONS EQUITABLE DISTRIBUTION $209,809.5-6 $125, 8 74,, $ 83,923.82 MARITAL ASSETS AND VALUES ASSIGNED TO WIFE Marital home situate at 28 Richard Road, Mechanicsburg, Pennsylvania, subject to existing mortgage (Wife will indemnify and save husband harmless on account of any claims by the mortgagee with respect to the outstanding mortgage balance.) 14 / /_ - ?l fl? L?ru account, No. 23343 $ 11,677.49 Interest on DAFCU account, No. 23343 $ 873.13 Household tangible personal property $ 7,453.00 Jewelry in wife's possession $ 3,250 00 TOTAL $101,648.26 MARITAL ASSETS AND VALUES ASSIGNED TO HUSBAND 1991 Toyota Supra automobile $ 7,535.55 NFCU savings account, No. 0154588-001 $ 648.51 Interest on NFCU savings account, No. 0154588-001 $ 48.53 DAFCU account, No. 18006 $ 1,272.72 Interest on DAFCU account, No . 18006 $ 95.16 Thrift savings plan $ 14,097.63 Interest on Thrift savings plan $ 1,054.04 _ NFCU IRA account - $ 5,280.5 Dividends on NFCU IRA account $ 550.00 Mainstay fund $ 1,981.81 Interest on MainStay fund $ 148.18 r New York Life Insurance Policy $ 5,612.00 Interest on New York Life Insurance Policy $ 419.62 Household tangible personal property in husbands possession $ 5,025.00 Jewelry in husbands possession $ 2,100.00 15 Husband's civil service retirement TOTAL $ 62.292.00 4"8,161.30 Husband shall pay to wife the sum of -.,within thirty (30) days of a final order in these proceedings less the credit to husband for the fair rental value of the marital home and husband's credit for payment of marital debt. The net cash payment to wife can be made in all or in part from sheltered accounts held by husband if the account or accounts can be transferred to wife without a penalty. It will then be wife's choice whether to withdraw the funds and incur the penalty, if any, or retain the funds in the sheltered account. Husband shall be entitled to a credit of $3,325.00 representing his share of the rental value in the marital home from January 1992 through September 1993. Husband shall be entitled to a credit of $1,041.95 for payment of the marital debt exisiting at the date of separation based on an allocation of the debt, 60% to husband and 40% to wife. The net payment due wife from husband is $19,870.53. ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3701(b) OF THE DOMESTIC RELATIONS CODE When the factors of the Section 3502(a) analysis overlap 16 with the factors in a Section 3701(b) analysis, the analysis under Section 3502(a) is incorporated herein. The additional factors to be considered in the Section 3701(b) analysis in determining the nature, amount, duration, and the manner of payment of alimony are as follows: 4. Neither party has indicated an expectation of receiving funds or assets from any sources other than earnings. The possibility of husband receiving any inheritance from his mother is too speculative in nature to affect the alimony issue. 11. Neither party brought any property to the marriage of a significant nature which would affect the alimony issue. 13. The needs of the parties are being met through the incomes which they both can earn and for wife the temporary alimony payments from husband. Although husband's standard of living has been negatively impacted by the separation he is still able to meet his needs from his income. Wife, however, whose income is at this time minimal needs to rely on the continued assistance of husband in order to meet her needs. 14. Both parites engaged in misconduct toward each other during the marriage. Misconduct of one party in contrast to the other party was not so significant as to impact on the alimony issue. 15. The tax ramifications of alimony payments for federal purposes will be that the alimony will be treated as income to wife and a deduction to husband. 16. Even with the distribution to wife of the marital property she is going to need financial assistance from husband to provide for her reasonable needs for a period of time until she is able to improve her employment situation and job skills._ 17. Presently wife is incapable of self-support through appropriate employment considering her level of skills and current position with the Bon-Ton as a part-time sales clerk. Wife's ability to become self-supporting will depend on her improving her job skills and making 17 progress in obtaining a full-time position with benefits. DISCUSSION ALIMONY The Master has taken into account the stipulations of the r parties, the findings of fact, and the analysis of the factors under Section 3701(b) of the Domestic Relations Code. Parts of the discussion relating to equitable distribution apply in many respects to the issues adddressed in a determination of the alimony issue. The Master has considered the disparity in incomes of the parties and the needs of wife in maintaining a modest standard of living. Husband's concern is that awarding alimony to wife will dampen her enthusiasm to go forward and try to improve her own economic situation by looking for full-time employment with benefits. Obviously, husband's argument follows that the more alimony wife gets the less interest she will have in wanting to seek out more substantial employment than she presently has or in improving her job skills. The Master is aware that there is some merit to this argument and is making his recommendation based on an assumption that wife will make every effort to improve her skills and secure employment which will provide more income and benefits than she presently has. Wife simply cannot sit back and continue to enjoy the fruits of husband's efforts without making some effort on her own. 18 on the other hand, because of the uncertainty of life and wife's employment situation the Master believes that the issue of alimony needs to be left open to further review by the Court as circumstances may change. In any event, a Court order entered in a proceeding following a Master's recommendations or following exceptions and final order by the Court is subject to modification as a Court order. The Master is satisified to rely on the Domestic Relations Code, Section 3701(e) which provides for modification and termination of alimony as a result of changed circumstances. As indicated, however, the Master wants to be very specific that wife must continue to show an effort to improve her situation and her lack of effort to obtain better employment and improve her job skills can perhaps be considered in an argument of changed circumstances, the argument being that the Master's recommendations are based on the assumption that wife will attempt to improve her economic condition and her failure to do so constitutes a change of circumstances with respect to the assumptions being made by the Master, namely, that wife will continue to pursue efforts to improve her economic situation. Wife's failure to do so may consititute a change of circumstances since the recommendation assumes wife's continuing efforts. In making his recommendation, the Master has also considered that wife will now have to bear the cost of providing for her own medical insurance benefits until such time as those I' 19 benefits may be provided through employment. Wife also has the care and responsibility of a minor child residing in the home. Finally, the Master has taken into account the percentage of the distribution of marital assets which wife is receiving in recommending an alimony payment. Theoretically, if wife had received more of the marital assets such a distribution would have had some bearing on the Masters determination with respect to alimony. But the Master had to consider in making the distribution of assets husbands ability to make a lump sum cash payment to wife. Husband argued that the alimony should be fixed in amount and duration but the Master as indicated will recommend the alimony be subject to modification and termination in accordance with the provisions of the Domestic Relations Code. The Master believes that such a result is fair to both parties considering the uncertainty of life and using as a prototype the procedure in spousal support cases where modification and terminat:cn is let;-- up to the Court based on changed circumstances allowing either party to petition and ask for a review. RECOMMENDATION ALIMONY Husband shall pay to wife the sum of $600.00 per month as alimony through the Cumberland County Domestic Relations Office to begin upon the entry of a divorce decree in 20 w . /1 these proceedings. The amount and duration of alimony shall be subject to modification and termination on petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. Specific termination provisions in the Domestic Relations Code will also apply. DISCUSSION COUNSEL FEES AND COSTS In making his recommendation with respect to counsel fees and costs the Master is going to apply the "actual need" test. Wife is receiving a cash distribution from husband but even if wife receives the cash in sheltered funds that would result in a penalty if withdrawn, wife is able to make her payments on account of counsel fees on a monthly basis as she outlined in her testimony by paying $100.00 per month. Looking at husband's financial situation and looking at the obligations that have been imposed on husband by the distribution of the marital assets and the alimony, the Master does not feel husband should be obligated to contribute toward wife's counsel fees. It is noted that although husband has not made a claim for counsel fees, he and his attorney did offer testimony that he has had substantial fees and costs to bear himself which he will have to continue to pay. Applying the "actual need" test approach as reiterated in 21 ?9 1 I I Footnote No. 7 in the case of Nemoto vs. Nemoto, 620 A.2d 216, Pa. Super (1993), the Master will leave the parties to pay for their own fees and costs. RECOMMENDATION COUNSEL FEES AND COSTS Wife's claim for counsel fees and costs is denied. Respectfully submitted, (?, 7 W62-e,-C t aiz;ao. E. Robert Elicker, II Divorce Master 22 /?, !/ EXHIBIT "B" NOVEMBER 9, 1993 FINAL ORDER MARGARET M. REIDY, PLAINTIFF VS. THOMAS R. REIDY, SR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 135 CIVIL 1992 CIVIL ACTION - LAW IN DIVORCE FINAL ORDER AND NOW, this ; ?4 day of , 1993, it appearing that the Master's Report has been filed and no exceptions have been filed thereto, the Court hereby approves and adopts the Report and Recommendations of the Master as follows: 1. The Plaintiff shall receive the following marital assets and the values assigned to her, in equitable distribution, to wit: Marital home sit>> ste at 28 Richard, Road, Mechanicsburg, PA, subject to existing mortgage (Wife will indemnify and save husband harmless on account of any claims by the mortgagee with respect to the outstanding mortgage balance) DAFCU Account No. 23343 Interest on DAFCU Account No. 23343 Household tangible personal property Jewelry in wife's possession $ 78,394.64 $ 11,677.49 $ 873.13 $ 7,453.00 $ 3,255.00 $101,648.26 1 ??Ja.., 2. The Defendant shall receive the following marital assets and the values assigned to him, in equitable distribution, to wit: 1991 Toyota Supra automobile 7,535.55 $ NFCU Savings Account No. 0154588-001 648.51 $ Interest on NFCU Savings Account $ 48,53 No. 0154588-001 DAFCU Account No. 18006 $ 11272.72 Interest on DAFCU Account No. 18006 95.16 $ Thrift Savings Plan $ 14,097.63 Interest on Thrift Savings Plan 1,054.04 $ $ 5,280.55 NFCU IRA Account Dividends on NFCU IRA Account 550.00 $ Mainstay Fund $ 1,981.81 Interest on MainStay Fund $ 148.18 New York Life Insurance Policy 5,612.00 $ Interest on New York Life $ 419.62 Insurance Policy Household tangible personal property i 025.00 $ 5, on in husband's possess Jewelry in husband's possession $ 21100.00 Husband's Civil Service Retirement $ 62,292.00 $108,161.30 3. The Defendant/Husband will pay to the Plaintiff/Wife within thirty (30) days of the date of this Decree the sum of $19,520.53, which sum has given f /2 Defendant/Husband credit for the fair rental value of the marital home and payment of the marital debt. The Defendant/Husband shall have the option of making such payment to the Plaintiff/Wife in whole or in part from tax sheltered accounts held by the Defendant/Husband, provided that said accounts can be transferred to Plaintiff/Wife without penalty. Defendant/Husband shall pay to Plaintiff/Wife the sum of $24,237.48 within thirty (30) days of the final order in these proceedings less the credit to Defendant/Husband for the fair rental value of the marital home and Defendant /Husband's credit for payment of marital debt. The net cash payment to Plaintiff/Wife can be made in all or in part from sheltered accounts held by Defendant/Husband if the account or accounts can be transferred to ?plaintiff/Wife without a penalty. It will then be Plaintiff/Wife's choice whether to withdraw the funds and incur the penalty, if any, or retain the funds in the sheltered account. Defendant/Husband shall be entitled to a credit of $3,675.00 representing his share of the rental value in the marital home from January 1992 through September 1993. Defendant/Husband shall be entitled to a credit of $1,041.95 for payment of the marital debt existing at the 3 z 7 a- 1 date of separation based on an allocation of debt, 60% to Defendant/Husband and 40% to Plaintiff/Wife. The net payment due Plaintiff/Wife from Defendant/Husband is $19,520.53. If Defendant/Husband exercises said option, a separate Qualified Domestic Relations Order or orders in the appropriate form shall be entered by the court upon request. 4. The Defendant/Husband shall pay to the Plaintiff/Wife the sum of $600.00 per month, as alimony, payable through the Cumberland County Domestic Relations office, upon the entry of the Decree in Divorce. The amount and duration of the alimony shall be subject to modification and determination on petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. feeu and costs is denied. 5. Wife's claim for counsel BY THE COURT: J. TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seal of said Court at Cari;s;a, Pa. This ......? .... day ofAve Q, ?; Prothonotar y 2 ?a- EXHIBIT "C" APRIL 17, 1995 ORDER MARGARET M. REIDY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS R. REIDY, SR., DEFENDANT 135 CIVIL 1992 ORDER OF COURT AND NOW, this 17th day of April, 1995, the petition of Thomas R. Reidy, Sr., to terminate, suspend or modify an alimony order of $600 per month dated November 9, 1993, IS GRANTED in so far that, IT IS ORDERED THAT the alimony is reduced to the amount of $350 per month effective April 15, 1995. By the Cc 1, ?f Dia Radcliff, Esquire or Thomas R. Reidy, Sr. Edgar B!Bayley, Maria P. Cognetti, Esquire For Margaret M. Reidy Lucinda Sheaffer Domestic Relations Hearing Officer : saa 160..E a? EXHIBIT "D" APRIL 15, 1995 ORDER MARGARET M. REIDY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS R. REIDY, SR., DEFENDANT 135 CIVIL 1992 ORDER OF COURT AND NOW, this 17th day of April, 1995, the attached computation of 1995 marginal tax rate savings on alimony payments and Mr. Reidy's recent pay stub setting forth his new income after his raise, which have been submitted jointly by counsel as required by the court, is marked as Supplemental Exhibit No. 1 and admitted into evidence. Diane.Radcliff, Esquire Eo6homas R. Reidy, Sr. Maria P. Cognetti, Esquire For Margaret M. Reidy Edgar B. Bayley, : saa PLAINTIFF vs. THOMAS R. REIDY, SR., DEFENDANT CUMBERLAND CUUNTY, rr?viv? r NO. 135 CIVIL 1992 CIVIL ACTION - LAW IN DIVORCE I. CALCULATION OF DEFENDANT'S 1995 MARGINAL TAX RATE SAVINGS ON ALIMONY PAYMENTS. A. CALCULATION OF FEDERAL TAX. without alimony with alimony Gross bi-weekly pay $2,766.00 $2,76.6.00 Less: TSP retirement ( 137.80) ( 137.80) Alimony . $ 0 ( 276.92) Adjusted gross pay $2,628.20 $2,351.28 Less one withholding allowance ( 96.15) ( 96.15) Adjusted taxable gross $2,532.05 $2,255.13 Tax is $420.68 plus 31% of excess over $1,998.00 calculated as follows: $2,532.05 $2,255.13 (-11 998.00) (-1 .998.00) $- 534.05 $. 257.13 x 31% x 31% $ ' 165.56 $ 79.71 + 420.68 + 420.68 Federal tax bi-weekly $ 586.34 $- 500.39 ? ? Effective tax rate' 23.16% 9% 2.1 2 B. TAX SAVINGS RESULTING FROM ALIMONY REPORTING. Bi-weekly tax without alimony deduction $ 586.34 Bi-weekly tax with alimony deduction ( 500.39) Bi-weekly tax savings on alimony $ 85.95 Annual tax savings on alimony $2,234.70 C. ACTUAL COSTS OF ALIMONY PAYMENTS. Annual alimony payments $7,200.00 Annual tax savings on. alimony (-2,234.70) Net annual alimony costs $4,965.40 D. MARGINAL TAX RATE SAVINGS ON ALIMONY PAYM ENT S. 2234.70 (tax divided by $7,200.00 (alimony)ngs) 31% (marginal tax rate) II. CALCULATION OF PLAINTIFF'S 1995 MARGINAL TAX RATE ON ALIMONY PAYMENTS. A. CALCULATION OF FEDERAL TAX. Gross bi-weekly pay Alimony Adjusted gross pay without alimonv $1,100.00 ( 0 ) $1,100.00 with alimony $1,100.00 (_176-92) $1,376.92 Agreed upon Federal tax on adjusted gross pay: $ 128.94. $ 204.50 B. TAX INCREASE RESULTING FROM ALIMONY REPORTING. Bi-weekly tax with alimony Bi-weekly tax without alimony (--__L28.94) $ 204.Bi-weekly tax increase on Annual tax increase on alimony $ ony $1 75.56 ,964.56 C. ACTUAL COST OF ALIMONY PAYMENTS. Annual alimony payments Annual tax increase on alimony $7,200.00 Net alimony to Plaintiff (-1.964.56) $5,235.44 D. MARGINAL TAX RATE ON ALIMONY. $1,964.56 divided by $7,200.00 27.28% Respectfully submitted, (tax increase) (alimony) (marginal tax rate) DIANE RADCL ESQUIRE A or Defendant MARIA P. COGNETTI, ESQUIRE Attorney for Plaintiff /J7 a-- r Withholding and Advance?Earned Income Credit (EIC) Payment Tables Percentage Method ` If you do not want to use the wage bracket tables on pages 34-53 to figure how much income tax to withhold, you can use a percentage computation based on the table below and the appropriate rate table. This method works for any number of withholding allowances the employee claims. . Use these steps to figure the Income tax to withhold under the percentage method: 1: Multiply one withholding allowance (see table below) by the number of allowances the employee claims. , 2. Subtract that amount from the 'employee's wages. 3. Determine.the amount to withhold from the appropriate table on pages 32 and 33. Percentage Method-Amount for One Withholding Allowance Payroll period One withholding allowance ?4a.os Biweekly ' - 96.15 Semimonthly , , • Month 104.17 ry• . • 208-33 Quarterly . - 625.00 Semiannually • 1,250.00 Annually, , ' - 2,500.00 Daily or miscellaneous (each day of the payroll period). • 9.62 ---------------- Example: An unmarried employee is paid $450 weekly. This employee has In effect a Form W-4 claiming two withholding allowances. Using the percentage method, figure the income tax as follows: I. Total wage payment $450.00 2.'One allowance' $48.08 3. Allowances claimed on Form W-4*-. .8 2 4. Multiply One 2 by line $• 5. Artiount sub le line 1)'.- ct to withholding (subtract line 4 from . $96.16 ` 6... Tax to be withheld on $353.84 from Table 1-single $353.84 person, page 32. • $ 45.58 To figure the income tax to withhold, you may reduce .the last digit of the wages to zero, or figure the wages to the nearest -? dollar. Annual income tax 'withholding,-Figure the income tax to withhold on annual wages under the Percentage Method of Withholding for are annual payroll period. Then prorate the'tax back to the payroll period. • Example.'A married person claims four withholding allow- ances. She is paid $1,000 a week. Multiply the weekly wages t by 52 weeks to figure the annual wage of $52,000. Subtract j $10,000 (the value of four withholding allowances) for a balance of $42,000. Using the table for the annual payroll period, $5,340.00 is withheld. Divide the annual tax by 52. The weekly tax is $102.69. Page 30 Under the wage bracket method, find the proper table pages 34 through 53) for your payroll period and the employee marital status as shown on his or her Form W-4, Then, bas, on the number of withholding allowances'claimed on the'For W-4 and the amount of wages, find the amount of tax to•wit hold. If your employee is claiming more than 10 withholder allowances, see below.. . Note: If you cannot use the wage bracket tables because Wags exceed the amount shown in the last bracket of the table, u: the percentage method .of withholdng described above. E sure to reduce wages by the amount of total withholding alloy ances before using the percentage method tables on pages and 33. Adjusting Wage Bracket Withholding for Employees Claiming More Than. 10 Withholding Allowances Note: The percentage method of figuring withholding a6a6: to any number of allowances. Tiie wage bracket tables can be used if an employee ciairr up to 10 allowances. More than 10 allowances may be claime because of the special withholding allowance, additional allow ances for deductions and credits, and the system Itself. To adapt the tables to employees with more than 10 allo% ances:: . 1. Multiply the number of withholding allowances over 10 b the allowance value for the payroll period. (The allowanc values are in Percentage Method-Amount for One With holding Allowance above.) 2. Subtract the result from the employee's wages. ' 3. On this amount, find and withhold the tax in the columi for 10 allowances. This is a voluntary method. If you use the wage bracke tables, you may continue to withhold the amount in the "10' column when your employee has more than 10 allowances using the method above. You can also use any other method: described below. Alternative Methods of Income Tax Withholding Rather thari the Percentage or Wage Bracket Methods de- scribed above, you can use an alternative method to withhoic • income tax. Pub. 493, Altemative Tax Withholding Methods and Tables, describes these alternative methods and contains: 1. Formula tables for percentage method withholding (for automated payroll systems). 2. Wage bracket percentage method tables (for automated payroll systems). ' • _ . 3. Combined income, social security, and Medicare tax with- holding tables. Some aitemative methods explained in Pub. 493 are an- nualized wages, average estimated wages, cumulative wages, and part-year employment. For more information on alternative methods, see Regulations sections 31.3402(h)(1)-1-(h)(4)-1. Advance Payment Methods for the Earned Income Credit To figure the advance EIC payment, you may use either the Percentage Method or the Wage Bracket Method explained below. You may use other methods for figuring advance EIC payments If the amount of the payment is about the same as it would be using tables In this booklet. See the tolerances .allowed In the chart under Other Methods in Pub. 493. See page 17 in this booklet for an explanation of the advance pay- ment of the EIC. Percentage Method If you do not want to use the wage bracket tables to figure how much to Include in an employee's wages for the advance EIC payment, you can use the percentage computation based on the appropriate rate table. TABLE 1 -WEEKLY Payroll Period (a) SINGLE person (including head of household)-' (b) MARRIED person- If the amount of wages If the amount of wages (after subtracting . ' The amount of income tax ld i (after subtracting allowancesr is: withholdin The amount of income tax to withhold is: . withholding allowances) is: s: to withho g Not over $50. ... . $0 Not over $123 .. $0 ' over But not over of excess over-. . Over- But not over of excess over- , ..$50 7-$476 : ' . :. 6 "4999 . 15% ' =$50 . $63.90 plus 28% 7-$476 $123 ' =$828 $828 ..7-41,664 . , _ 15% -$123 . $105.75 plus 28% • -$828 . $47 295 . . $999 --$2 $210.34 plus 31 % =$999 $1,664 -$2,839 . ., ' . $339.83 plus 31 %o -$1,664- . , 295 -$4,960 '. . $2 . $612.10 plus 36%'.. =$2,295. $2,839 • -$5,011 , . ' . $704.08 plus 36% =$2,839 , $4960, . • $1,571.50 plus 39.6%=-$4,960 $5,011: : . .. $1,486.00 plus 39.6%-$5,011 . TABLE 2-BIWEEt (a) SINGLE person (including head of household)-, : . If the amount of wages ' -(after subtracting The amount of income tax withholding allowances) is: to withhold is: Not over $100. . ' . .. $0 . Over But not over- of excess over- $100 -$952 . 15% .-$100 $952 -$1,998 $127.80 plus 28% -$952 $1,998 -$4,590 $420.68 plus 31 % -$1,998 $4,590 =-$9,919 .. '.' $1,224.20 plus 36%'•-$4,590 .$9,919. $3,142.64 plus 39.6%-$9,919 .LY Payroll; Period (b) MARRIED person- If the amount of wages (after subtracting . - . . The amount of income tax withholding* allowances) is: to withhold is: Not over $246 $0 Over- But not over- of excess over- $246 -$1,656: ... 15%' .-$246 $1,656 ' -$39329. $211.50 plus 28% •-$1,656 $3,329 -:$5,679 . .. .. $679.94 plus 31 % -$3,329 $5,679 .' -$10,021 $1,408.44 plus 36% -$5,679 $10,021, ' . $2,971.56 plus 39.6%-$10,021 TABLE 3--SEMIMONTHLY Payroll Period'.. (a) SINGLE person (including head of household)-',. (b) MARRIED person-,. If the amount of wages (after subtracting The amount of income tax if the amount of wages (after subtracting The amount of income tax' withholding allowances) is: to withhold is: withholding allowances) is: ' to withhold is:. Not over $108 ' . $0 - Not over $267 , .. .' $0 . Jver But not over- of excess over- Over- But not over- : ' of excess over-- -$267 •:$108 ., -$1,031.:. .'. ' -$2,165; .; $1 031 '15% ... '. : -$108 $138.45 plus 28%. -$1,031 $267 $1,794 ' -$3,606 15% . $229.05 plus'28% .'-$1,794 ' . , •. 165 ;. -$4,973 :.: $2 $455.97 plus 31% :•..-$2,165. $3,606 ;:-$6062 . ..$736.41 plus 31% ; ..-$3,606 , 973 -$10,746 '. .` .': $4 $1,326.45 plds 36% :-$4,973 .. $6,152 :<-$10,856 $1,525.67 plus 36p/o .'--$6,152 ,' ' . . , $10,746 °: :,$3,404.73 plus 39.6%-$10,746 $10,856, '. ?. :: .:$3,219.11 plus 39.6%-$10,856 ' TABLE 4-. MONTHLY Payroll Period (a) SINGLE person (including head of household)- .` (b) MARRIED person- If the amount of wages If the amount of wages (after subtracting The amount of income tax. • ,. (after subtracting The amount of income tax withholding allowances) is:. to withhold is: withholding allowances) is: to withhold is, . . $0 Not over $217. , ..' '. $0 Not over $533 Over- ' But not over-' of excess over- Over- But not over-, of excess over- --$533 $217 063 .. -$2 15% -$217 •. $533 • -$3,588 , . .15% $2,063 , -$4,324 $276.90 plus 28% . -$2,063 $3,588 . -$7,213. $458.25 plus 28% -$3,588 ' $4 329 . 946 -$9 $911.38 plus 31% -44,329 $7,213 -$12,304 . , • -$7,213 $1,47125 plus 31 % , , $9 946 , . ;. -$21,492. $2,652.65 'plus 36% -$9,946, $12,304 =$21,713 ., $3,051.46 plus 36% -$12,304 , •$21,492 • ,' .. $6,809.2.1 plus 39.6%-$21,492 $21,713,' $6,438.70 plus 39.6(/ ,713 . Page 32 LEAVE. AND EARNINGS 'STATEMENT DFAS COLUMBUS M SOCIAL SECURITY NO. - - FLSA UWICt Ca¦u oATC 04_13_68 TSP 01ST a 30 % LOCALITY x GRACE STEP PER A04NUM A PO BOX 182317 KE/E COLUMBUS OH 43218-2317 KE ANNUITY OT RATE 23.28 t oNO "ut W01 ELIO DATE 09-29-913 F 30 % 40 % TSP OED 6 % PAT KAk G5 SHUrT nalnY tANlnt 34.45 ±U IA649 ANNUAL SICK HOURS AMOUNTS CURRENT YEAR TO DATE CURRENT YEAR TO DATE MISCELL, r¦I?: 179:30 2008:30 REG 80:00 2766.00 8.13.14 1944.89 Pat CUM L a u 8:00 4:00 QT - u?TI - 00.00 -2 Cut 192.92 673.82 't* 10977, E G 16:00 8:00 E NO E =-' ...?,.., TIP 137.80 408.88 , `A S U 2:00 A D Pfau 111 oil 119. A7 I noA _ ?.. iM ?/ E 5) 30 R l V ?toal 18.64 49.40 38.88 125.39 MAL 190:00 2018:30 N e.A4V C t'e ea.40 179,03 co. uSE, LOSE 142:00 N p T ewAt 13.00 39.00 u«°t , CD G T N ' IL 1 teMet . DAL ¦c- I R O r z snu 77.17 242.14 S I PENNS) ttouo / M E 9.2 930,75 'T" TD we¦ e.eu¦ u:o co or t•?Ayce w `S T 27 5a 88 48 HAMP I arxi . . C I D T co.+? ¦ 0 E ttxt X ( f t'r0.0 REMARKS CH !G C1E01 THOMAS R REIDY TV PO BX 322 YTO REG '8847.02 ITAT tx MIL MECHANICSBURG PA 17068 TAx 8237.72 rax S ACCV2,cuu•cu¦ ¦ccw W90-cum teNATCa Yro uunort sAL u e¦est 2768.00 srx M IDONOR R R E' 090 1670.82 OTx R ? N c T WT 1085.38 :orx ' OTHER EARNINGS_ CASH AWARDS -- C COLA B . GRANDFATHER BONUS (SBP) E RETENTION ALLOWANCE C SUGGESTION AWARD F FOREIGN PAY F PERFORMANCE AWARD L LUMP SUM LEAVE G - GAIN99ARINO AWARD J - FLSA OVERTIME AMOUNT H RECRUITMENT BONUS P - STANDBY PILEMUIM 1 - INVENTION AWARD 0 ' - QUARTERS ALLOWANCE K - SPECIAL ACT/SERVICE AWARD S - SEVERANCE PAY M $SS PERFORMACE AWARD T - STAFFING DIFFERENTIAL P PMRS PERFORMANCE AWARD U SUPERVISORY OIFFERENTIAL R SES RANK AWARD V RETROACTIVE PAY E - SEPARATION INCENTIVE PAY W ADMIN UNCONTROLLABLE OVERTIME X - RELOCATION BONUS Z - COMPENSATORY TIME PAYOUT Y - FOREIGN LANGUAGE AWARD Z - AWARD CUTBACK PAYOUT 161 -- PTHER DEDUCTION A GARNISHMENT (ARREARAGE) B - COMMERCIAL DEBT C • *OTHER AGENCY COLLECTION D - DUAL COMPENSATION 0 - GARNISHMENT H FEHB COLLECTION K CHILD SUPPORT (UNLIMITED) L FEDERAL TAX LEVY M - COMBINED DEDUCTION P - GOVERNMENT PROPERTY 4 QUARTERS DEDUCTION T TRAVEL COLLECTION U - UNLIMITED MISCELLANEOUS (CHECK) V - VA HUO,STUDENT LOANS W - MISCELLANEOUS (UNLIMITED) X - OCCUPATIONAL TAX Y - MILITARY SERVICE DEPOSIT Z - BANKRUPTCY -12-95 01-19-98 iit3mnn?' M9 >iuga;? Ra', 140 is 0 VA REGULAR I HOLIDAY ?t ?s 1,100.00 2,200-00 181.50 323.00 ; . 92.03 154.06 ?;..F 2,144-84 .%t ??l.+s! • wsf?«N?•i%•,A.v..A!sc w?s.,ttts..Miw•«!'a'SAtiw {.Y ycML: 3wM.• -:d%gf%IWd •id:w'%• .y.iy• ki%d?•%id N%%d`i...y y+s P N4t Ii}1AS aJ.Y??1.VY??:{f.%dw ??yiaDG Uy?1 l1,fM°?'?'.??tl.:???PTaw q'k`?n•n,I:M#Y?.,Y•?N?•?,~iwi ',wfM,'!,^„s.?::v !.00 13.75 990.00 050140 1.00 19,75 110.00 050140 46.23 92.48 .00 .00 .00 .00 33 BASIC GL 8.20 48 PIT DENT 2.30 44 PIT MID 25.35 SICK HRS PACTOR-1 25.50 ANN MRS FACTOR-1 27.60 ' +• ~o ' ' f i :',,7J{?y =DY r IN THE COURT OF COMMO14 PLEAS OF Rlzintiff CUMBERLAND COUNTY, PENNSYLVANIA "v 'IH01H..AS R. REIDY, SR. NO. 135 CIVIL 1992 Defendant CIVIL ACTION - LAW IN RE: PETITION TO TERMINATE ALIMONY BEFORE: SHEELY, P.J OPIFION AN D ORDER OF COURT BACKGROUND The procedural history of this case may be briefly siurnarized as follows. The parties were divorced on June 15, 1993. On Novex;iber 9, 1993, a final order was entered by the Court determinina equitable distribution and directing defendant to pay to plaintiff $600 per month in alimony. Pursuant to the order, the amount and duration of alimony remained subject to modification and determination upon petition of either party as allowed by 5 3701(c) of the Domestic Relations Code. Upon the petition of defendant, the Honorable Edgar B. Bayley reduced the award of alimonv to "350.00 per month by Order of Court dated April 17, 1995, effective April 15, 1995. Defendant then petitioned for termination of the alimony order on May 9, 1996, and a hearing was held on October 7, 1996. A•"t this time, the Court also accepted testimony from plaintiff regarding her loss of wages and travel expenses for October 2, 1996; counsel for defendant notified the Court on October 2 that defendant would not be able to appear at the hearing scheduled on c t•. i l k1t ? ._ but the notiuFication occurr ' ea subsequent to p1-win-Lid's arrival in Pennsylvania. An or t der was issued ' rescheduling the hearing for October 7 and directing that r defendant bear plaintiff's expenses incurred for her efforts to a.ppea-- on October 2, 1996. FACTS Hearing testimony was limited to changes in the parties' circumstances since April 15, 1995, the effective date of the order reducing alimony to plaintiff. Since that date, defendant, ache 49, has held the same position: he is a federal employee, working for the Navy Fleet Materials Office in Mechanicsburg as a ccmputer expert earning $73,382.40 annually. His salary has ?=em ined essentially the same, although his earnings are now dete.?m_ned under a general schedule rather than merit based pay. He receives cost of living increases when Congress so provides. His voluntary and mandatory retirement contributions have remained constant. One change brought to the Court's attention is that de.ze.ndant no longer qualifies as head of household for income tax purposes as he did previously. Both of his children currently live at home rent free and have therefore increased his living expenses. Because they are both adults, however, the Court will not consider any expenses on their behalf, iincluding plaintiff's contributions, in the analysis set forth below. He lists his 2 47 '' t. I 3 s f ', .35 ''.`y'.IL .1992 o <-, r,cr_'.?al?? e„penses of $4,535.861 but other than those .: s -,ci <.c7 -.--h his chi ?dren and legal fees, he has presented no further evidence of changed financial circumstances. Plaintiff, age 48, has had a few instances of change in her financial circumstances. Although plaintiff holds the same position for the same company as in 1995, her annual salary has increased slightly, from $28,600 to $29,660.80 due to a cost of wk- living increase. More specifically, her biweekly gross pay in 1995 was $1100.00 with a net pay of $776.362; her gross pay is now $1144.80 with a net pay of $807.20, a difference of $30.84.3 She will continue to receive annual cost of living increases but no opportunity exists for a promotion or other increase in sa larv. Plaintiff has also sold the marital home, which she received as part of the equitable distribution scheme in view of the fact chat she had no retirement plan. After receiving the proceeds of $73,861.70 on June 30, 1995,° she invested approximately $50,000 in a retirement fund, yielding $2,000 in interest, assuming a rate of 4%. Additionally, she used about $5,000.00 to purchase a condominium and spent $10,000 for new furniture. Plaintiff listed $1,065 in housing expenses for 1995, when she lived in a 'Petitioner's Exhibit #1. Petitioner's Exhibit #4. 'Petitioner's Exhibit #3. °Petitioner's Exhibit #5. 3 z 4-73 µ'? t a. ?..n -..w .ten-+TCr:.+. r :?..-.•-.)T?.n?vw?.M1?'?v Q Q 7 r^..^t e.? -com Virginia Reach while maintaining the marital home in Pennsylvania. She now lists $1,181, giving her a further expense of $116. Other changes from the last hearing include that her legal expenses have gone from $100 a month to $42 after she paid from the sale proceeds most of her fees pertaining to previous hearings.' Plaintiff also reduced her credit payment and loan expense from $78.00 to $25.00 monthly.6 Her employment expenses have been reduced by $60.00 because she lives closer to her job site. Her car_ expense has gone down $20.00, and she no longer lists a car phone expense of $29.00 as she did on the 1995 statement.' Finally, the Court notes that she has had to purchase 'er own life insurance with an increased cost of $16.00 monthly. DISCUSSION The section of the Domestic Relations Code governing ';germination of alimony can be found in § 3701(e) and states as follows: (e) Modification and termination.-An order enterer: pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made. Any further order shall apply only to payments accruing subsequent to the petition 'Petitioner's Exhibits #6 and V. lid. 'Id . 4 or i:';1:2 requested relief. Remarriage of the party _.c?-.?=is g 7_imcny shall terminate the award of alimony. 3 'Pa. '".S.A. 'S 3701 (e) . the aforementioned language indicates, the Court must find charged circumstances "of a substantial and continuing nature" and sets forth remarriage as grounds for termination. Section 3706 bars alimony in the case of cohabitation, and S 3707 states that the 3eath of either_ party terminates alimony unless agreed otherwise or authorized by an order of court. Retirement has been held as a basis for changed circumstances of a substantial and continuing nature,9 Our Superior Court has also stated that "(should either party die or become disabled, for example, a petition for modification can be filed to reflect changed circumstances." Teri.bery v. Teribery, 357 Pa. Super. 384, 393, 5-'6 A.2d 33, 37-38 (1986). A review of the facts elicited at the hearing does not show the magnitude of change that our appellate court has in the past determined to be of a substantial and continuing nature, as indicated by the above law. From the time of the last hearing to the present, defendant's _financial circumstances have not :substantially changed. The Court has noted his change in tax status because he no longer qualifies as head as household. Nevertheless, this change is not substantial for purposes of term}.natina alimony. .Additionally, the increase of legal fees is 'See McFadden v. McFadden, 386 Pa. Super. 506, 511-512, 563 A.2d 180, 183 (1989). 5 to -10. L33 ul,.%IL 1992 no'- the type of "cont?_nu.ing nature" to warrant termination of alimony. Turning to plaintiff's circumstances, the most debated fact is that plaintiff now receives interest from the retirement w account. in light of the purpose of her receipt of the marital home- plaintiff's lack of a retirement plan- the Court will not consider this interest as a substantial change of circumstances r from the last hearing. t: . Another issue raised concerns plaintiff's increase in salary. The reason for a cost of living increase is self- explanatory. Accordingly, the Court does not believe that plaintiff is now in a better position than in April of 1995. urtnermore, in Wing v. Piing, 338 Pa. Super. 516, 488 A.2d 11 (1985), our Superior Court, in applying Pennsylvania law to an equivalent Ohio statute regarding modification of alimony, stated that "(a.ln increase in appellee's salary does not ipso facto require the court to reduce the amount of the award. . Id. at . 11 521, 488 A.2d at 14, With respect to plaintiff's housing, plaintiff did not s` move to a condominium in Virginia Beach to live a more etra.vaaant lifestyle; rather, she moved in order to obtain a w full time position with a company that she previously worked for a part time. The Court recognizes, as defendant suggests, that she "voluntarily" sold the marital home and placed the bulk of the proceeds in a retirement fund. The Court finds this a prudent t 6 676 NO. 135 CIVIL 1992 decision for a 48 year old woman with no real chance of obtaining a better jobs and no established retirement plan. Moreover, it is not reasonable to expect her to continue to live in a rented room for the rest of her life. In sum, after establishing her retirement account, plaintiff has decreased her expenses with regard to legal fees, credit cards/loans, employment, and car-related expenses in the amount of $220, yet she has experienced an increase of $140 for other reasonable expenses. After reviewing the totality of the circumstances, the Court does not believe that defendant has orovided sufficient grounds for termination of alimony. REIMBURSEMENT OF 'RAVEL EXPENSES I Regarding her travel expenses for the October 2, 1996, I plaintiff traveled 1200 miles round trip and used two vacation 1 days to appear_ because she does not travel at night. The Court will direct defendant to reimburse her 31 cents per mile in accordance with the Internal Revenue Code. In addition, defendant will reimburse plaintiff for one vacation day at the rate of $14.31 per hour for an eight hour day, in the amount of $114 A8. ORDER OF COURT AND NOW, this,;/ day of OCTOBER, 1996, after careful consideration of the hearing testimony and exhibits regarding 'Plaintiff testified that she was educated in Europe until the age of 15. 7 6 677 ' V, •=r i..`.!. L c.hango Aa°1 n r j-es' circumstances that have occurred since Apri ` of defendant's Petition for Termination of Alimony Ordor =i_s DEIFIED. The Court further directs that defendant ._eirPS??r.9 pia.intiff the amount of $486.48 within thirty (30) days of this order for her mileage and missed wages for October 2, 1996, in accordance with the attached opinion. By the Court, /sl Harold E. Sheely Harold E. Sheely, P.J. Kathleen Keating, Esquire For the Plaintiff Diane G. Radcliff, Esquire For the Defendant :sld 8 6 ,' 3. EXHIBIT "F" JANUARY 22, 1998 PA SUPERIOR COURT MEMORANDUM 11i'- .: 1'FI\eO. R COUP I] I'I:NNS Y I_VANIA V. 'I'H(,-)%,IAS R. RI IDY, SR., No. 960 Harrisburg 1996 Appellant Appeal from the Order Entered November 8, 1996, Docketed October 22, 1996, in the Court of Common Pleas of Cumberland County Civil Division, No. 135 CIVIL 1992 BEFORE: FORD ELLIOTT, EAKIN. AND OLSZEWSKI, JJ. MEMORANDUM: FILE D JAN 2 2 1998 Appellant, Thomas R. Reidy, Sr., has filed the present appeai from an order of the trial court which denied his petition to terminate alimony and ordered appellant to pay to appellee the expenses she incurred to attend a court hearing. We affirm. The trial court's opinion of October 21, 1996 sets forth the relevant facts and procedural history of this case. Therefore, we have no need to restate them herein. Appellant presents two issues for our consideration: 1. DID THE TRIAL COURT ABUSE ITS DISCRETION IN REFUSING TO TERMINATE [APPELLANT'S] ALIMONY OBLIGATION? If. D11 D THE TRIAL COURT ABUS;_ ITS DISCRETION IN REQUIRING [APPELLANT] TO PAY [APPELLEE] $486.48 FOR LOST W'AGES AND I-XF'FNSES FOR THE CONTINUANCE OF THE OCTOBER 2, 1996 HEARING? Appellant's brief at 4. Preliminarily, we begin by noting that an alimony award can be modified if the party seeking review can prove that a continuous and substantial change in circumstances has occurred. See 23 Pa.C.S.A. § 3701(e); McFadden v. McFadden, 386 Pa.Super 506, 563 A.2d 180 (1989). Our standard of review for questions concerning alimony is limited to a determination of whether the trial court abused its discretion. Edelstein v. Edelstein, 399 Pa.Super. 536, 582 A.2d 1074 (1990), appeal denied, 528 Pa. 611, 596 A.2d 157 (1991). Under this standard, the superior court is not free to usurp the trial court's duty as the finder of fact. 'ernoto v..Vemoto, 423 Pa. Super. 269, 620 A.2d 1215 (1993). Appellant first argues the trial court abused its discretion when it denied his petition to terminate his alimony obligation. The trial court limited the hearing testimony to the parties' circumstances since April 15, 1995, which represented the effective date of a prior court order that reduced appellant's alimony payments frorn $600 per month to $350 per month. In its opinion, the trial court set out in deta;l the parties' financial conditions and concluded that appellant had not shown that a substantial and continuous change in circumstances had occurred. (Trial -77 ?7 ??-It <1'i?Orf)U«i? .?VIe??; Cloth Gr rt•lied r ,core,, the l-r ,wts ;)_ L E, it !vs, anti the appl!cabl: law. w'e a,-uee with the trial courts U-t rnnation and Lind there is no merit to this argument. Accordingly, we dispose 0 : p ,ellant's first issue on the basis of the trial court opinion. Nex, appellant argues the trial court abused its discretion when it entered an award that required him to reimburse appellee for one day's pay as well as her travel expenses to Cumberland County. Alternatively, appellant argues even if the t! ial court had the authority to enter such an award, the amount of the award is improper. The award was the result of appellant's late request for the continuance of a lzearin- scheduled for October 2, 1996. Appellant's counsel asked for the continuance a few hours before the hearing was set to begin on the grounds that appellant was out of the country on a work-related trip. Meanwhile, appellee had already traveled from Virginia to attend the hearing. The trial court granted the continuance, set a new hearing date for October 7, 1996, and directed appellee to submit a list of travel expenses she incurred traveling to the October 2°° hearing. In discussing this issue, the trial court stated: REIMBURSEMENT OF TRAVEL EXPENSES Regarding her travel expenses for the October 2, 1996 hearing, [appellee] traveled 1200 miles round trip and used two vacation days to appear because she does not travel at night. The Court will direct [appellant] to -3- i, r_it.:<??.1rse her 1 cents per mile in accordance with the Internal .??eVen?Ie Co{lt. In addition, [appeilant] will ?- reimburse [a.ppellcel for one vacation day at the rate of x14.31 per hour for an eight hour day, in the amount of S114.48. T riai court opinion, 10/21 /96 at 7. The amount of the award totaled $486.48. As stated above, appellant argues that even if the trial court had the power to award appellee's expenses, the amount of the award was incorrect. Specifically, appellant argues that appellee did not lose a day's pay because she was compensated by using her vacation time. We note that the trial court was aware of that pact. See trial court opinion, 10/21/96 at 7. Appellant further argues that if a lost wa,,e reimbursement was appropriate, it should have been based on appellee's net pay rather than gross pay. According to appellant, appellee's net day's pay totaled $80.70. Appellant cites no authority to support his position that net, rather than gross pay is the proper standard. Regardless, we find no abuse of discretion in either respect. Under 23 Pa.C.S.A. § 3323(f) the legislature has provided: § 3323 Decree of Court (f) Equity power and jurisdiction of the court.-In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the -4- ?-7 ti,:7Ses 0 this hart and nl?iy suCh Whet- relief i?'- dF}'ii1.e(]y as equit" atld jL.`,t'CC t'CCjLllre against -,ither 1 23 f ii-C-S A. ` 3323)(1 1>. Instantly, appellant's counsel did not notify the court that appellant was out of the country until the morning of October 2, 1996. While appellant testified on October 7, 1996 that he was unaware of the October 2, 1996 hearing (notes of testimony, 10/7/96 at 10- 11), the trial court apparently was not convinced. We point out that credibility determinations are for the finder of fact. Rock v. Rock, 385 Pa. Super. 126, 560 A.2d 199 (1989). Given the broad power of the trial court to achieve economic justice under the Divorce Code, we believe the court's award of appellee's travel-related expenses due to appellant's more than tardy request for a continuance was within its equitable powers. Hence, we find no abuse of discretion herein. Order affirmed. t. -1; - EXHIBIT "G" 5/1/2007 Notice of Annuity Adjustment U.S. Office of Personnel Management ' Retirement Services Program a Notice of Annuity Adjustment Claim Number: CSA 4 130568 0 Dear THOMAS R REIDY, The amount we are paying you has changed. This letter provides your new monthly annuity rate and information about any adjustment reflected in your May 1, 2007 payment, which pays your annuity for the month of April. Please keep this notice for your records. We will mail you another notice the next time your payment amount changes. $ 5,663.00 Gross Monthly Annuity $ - 124.15 Health Benefits Premiums for BLUE CROSS BLUE SHIELD $ - 32.50 Basic Life Insurance $ - 60.00 Post-retirement Basic Life Insurance Premium $ - 254.80 The cost of your Additional optional life insurance has increased because you have reached another age group. $ - 661.00 Federal Income Tax $ - 76.00 Long-Term Care Insurance, U.S. Savings Bonds, Association Withholding or Other Allotment $ - 500.00 Checking/Savings Allotment $ - 25.09 Federal Dental Insurance $ - 8.60 Federal Vision Insurance $ 3,920.86 Net Monthly Annuity if you have questions about this notice, you may call the Retirement Information Office at 1-888-767-6738 between 7:30 a.m. and 7:45 p.m. Eastern time, Monday through Friday and speak to a Customer Service Specialist. Please call us at 202-606-0500 if you live within local calling distance of Washington, DC. You may also contact us using email at retire@opm.gov. It is our pleasure to serve you. Retirement Services Program A great deal of retirement information is available online at www.opm.gov/retire. Rt 38-23A M0003R Revised Sept 2005 EXHIBIT "H" Leister 6/8/1992 Pension Valuation Report P:1 '.7110-9760 Il;) 652-5533 540-'1 106 Diane G. Radcliff, Esquire 3448 Trindle Road Camp -ill, PA 17011 Lnc. coils tiltirlg actuaries cmplo}'cc benefit cortSUltarllS June 8, 1992 RE: Thomas R. Reidy, Sr. Dear Ms. Radcliff: Conrad hi. Siegal, F.S.A. Harry M. Leistef, Jr., F.S.A. Brian S. Saran, F.S.A. Clyde E. Gingrich, F.S.A. Earl L. Mtummert, h1.A.A.A. Robert J. Dolan, A.S.A. David F. Starling, A.SA. Roberti. Mrazik, F.SA. David H. Killick, F.S.A. Jeffrey S. Myers, F.S.A. 'Thomas L. Zimmerman, F.S.A. Glenn A. Hafer, F.S.A. Piyal S. Goonctilleke. A.SA. Frank S. Rhodes, A.S.A., A.CAS. Cliarlcs B. Friedlander, h1AAA, Enrolled Acniarics (FRISA) You provided _m ,x,ith the following information concerning Thomas R. Reidy, Sr.: ±. Date of bi.-ti - March 19, 1947. 2. Date hired by the Federal Government - March 14, 1974. 3. Date married -'November 22, 1969. 4. Date separated -December 12, 1991. 5. Three-year average annual earnings as of December 31, 1991 - $51 v. Earning s for 1991- $58,951. Currently, Mr. Reidy is 45 years of age (age nearest birthday). The Civil Service Retirement System is a defined benefit pension plan. The pension benefit provided upon retirement is based upon the final three-year average earnings and the years of service. An employee may retire after attaining age 55 and completing 30 years of service. Since Mr. Reidy ,vas under 27 years of age on the date of hire, he will be eligible to retire at age 57. If Mr. Reidy leaves Federal employment before he is eligible for an immediate pension, his pension would start at age 62. Based upon the pension formula contained in the Civil Service Retirement System, I deter=ined that Mr. Reidy had earned a pension benefit as of December 31, 1991 of $1,464. This is based upon a three-year average annual earnings of $55,171. The benefit just calculated was determined as of December 31, 1991. This separation occurred just 19 days before that date and therefore, I assumed that the pension benefit earned as of December 31., 1991 was earned during the marriage. Thus, there is no need to multiply by a 11 coverture fraction." 'D r'v ? bD,Il2 8. 1X92 2 While Mr. Reidy is covered under the Civil Service Retirement System, he is not covered for Social Security benefits. In accordance with the Cornbleth vs. Cornbleth decision, it is necessary to calculate what his Social Security benefit would have been if he had been covered for this benefit. On the basis of the earnings information previously indicated and assuming the previous earnings increased in accordance with the increase in the U.S. average salaries, I calculated the amount of the Social Security benefit that would have been earned during the marriage to start at age 62. On the basis that earnings would continue until retirement and taking into account an appropriate "coverture fraction" this would be $474 for retirement at age 62. On the basis of no future earnings, this would be $619 for retirement at age 62. The following table shows the present value of the pension earned during the marriage: Present Value of Benefits Earned D ring iVfarriage Retirement Social Security A4e S «' rl: Until Retirement Net 62 $86,751 $28,087 $58,6&-1 Retirement Social Security SRS No 1! uture Worlt N-tt E2 $'86,751 $36,679 $50,072 You requested that I calculate the present values for retirement at age 62. The Social Security benefit and the pension benefit provided by the Civil Service Retirement System are indexed. What this means is that each year the benefit increases in accordance with the Consumer Price Index. The above figures are based on the assumption that the Consumer Price Index would increase at the rate of 4?,o per year. The Consumer Price Index increased on the average at the rate of 5.18% per year over the last 30 years, 6.2517c per year over the last 20 years and 4.13'?"o per year over the last 10 years. The present value computations have been based upon annuity rates promulgated by the Pension Benefit Guaranty Corporation. The interest rate built into these annuity rates is 6.50%per year upon commencement of the benefit and prior to the commencement of the benefit, the interest rate is 5.7517o per year for the first seven years, 4.57o per year for the nest eight years and 4.0% per year for any additional years prior to commencement. In my opinion, the annuity rates promulgated by the Pension Benefit Guaranty Corporation are appropriate for the purpose of determining the present values for the following reasons: 1. These rates reflect interest rates insurance companies are offering under annuity contracts. 2. These rates are used if a qualified pension plan terminates in order to determine the present value of the pension benefits to be provided. 1 _ I - 1 .iq .l h: _ Aln 'r 7D MAY 15 2007 A416ORIGIRlAL ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET M. REIDY, Plaintiff NO. 135 CIVIL 1992 V. CIVIL ACTION - LAW THOMAS R. REIDY, SR., IN DIVORCE Defendant Re: PETITION TERMINATE OF MODIFY THE 4117193 ALIMONY ORDER ORDER AND NOW, this IS day of , 2007, upon consideration of the within Petition, IT IS HEREBY ORDERED that: 1. A Rule is issued upon the Respondent, Margaret M. Reidy, to show cause why the Petitioner, Thomas R. Reidy , is not entitled to have his alimony obligation set forth in the 4/17/93 Order terminated as requested in the within Petition. Rule Returnable OL 2. Within days after the date of service of this Order upon Respondent, Margaret M. Reidy, each party shall file with the Court, and provide the other party with, the following (1) a completed Income and Expense Statement in the form prescribed by Pa.R. C. P. 1910.27(c)(2)(B); (2) his or her pay stubs or other evidence of income for the preceding six (6) months; and (3) complete copies (with all schedules and W-2 statements) of his or her income tax returns for 2006. 3. A copy of this Order and the within Petition shall be served upon Respondent, by Petitioner's counsel. For that purpose only, Domestic Relations shall provide Petitioner's Counsel, Diane G. Radcliff, Esquire with Respondent-Margaret M. Reidy's address. Distribution to: VIA &?al? Attorney of Record for Petitioner, Thomas R. Reidy, Sr. Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 Fax: 717-975-0697 Margaret M. Reidy Pro Se eq-- ` ec- 110 Nt? 0 r I r- {.1._4.1 ?4 - © C? C.3 L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET M. REIDY, Plaintiff : NO. 135 CIVIL 1992 V. THOMAS R. REIDY, SR., Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on June 4, 2007, 1 served a true and correct copy of the PETITION TERMINATE OR MODIFY THE 4117195 ALIMONY ORDER upon Margaret M. McMillan, formerly Margaret M. Reidy, the Plaintiff, by Certified Mail, addressed as follows: Margaret M. McMillian #202 2212 Lesner Crescent Virginia Beach, VA 23451 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. DTARE-G. DCLIFF, ESQUIRE 3448 Trin Road Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Defendant Sworn to and subscribed before me a Notary Public in and for Cumberland Count ?, Pennsylvania this l" day of .,20-07. NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Deborah L. Donley, Notary Public Camp FID Boro, Cumbeiand County My Cammion Expres Sept 23,2W7 Member, Pennsylvania Association Of Notaries C ? 11 ° ¦ Coi+iplete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the tack of the mailplece, or on the front If space permits. 1. Article Addressed to: V 91 4 / A. 8fprratiiw x ` Ae?t B. Recei JW PrbVf] ft) Ci Del Is delivery address dHferent from item f? ? Yes If YES, enter delivery address below: 0 No 3. Service Type tHbd Mall O Express Mail 0 Registered 0 Return Receipt for Merchandise 0 insured man 0 C.O.D. 4. Restricted Delivery) (Extra Fee) 0 Yes 2. Artlcie Number fnWWAWAornM 110 .WOO 7005 3110 0004 2994 4221 Ps Form 3811, February 2004 oornestic Pat" Receipt 102015.02-M-i sac EXHIBIT "A" RETURN RECEIPT CARD ?a Si••(r? c___ 05 3?;c -- s.i --i f r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET M. REIDY, - Plaintiff NO. 135 CIVIL 1992 V. CIVIL ACTION - LAW THOMAS R. REIDY, SR., IN DIVORCE Defendant Re: PETITION TERMINATE OF MODIFY THE 4117195 ALIMONY ORDER INCOME AND EXPENSE STATEMENT OF THOMAS R. REIDY, SR. I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: r. SR. 1 040 Label Use the !RS label. e ,. ;; ;'q- Presidential Election Campaign J.S. Individual Income Tax ^Return 2006 6. eild: THOMAS R. REIDY SR.. li icmt re!urn, cpcuse's ',_t. .:.- L a?. ..a. r,_ es ? ? - ,t r?r _r. any ?_ .,c?= Your social security nurnber 2887 OAFWOOD DRIVE Q:', or pest c',te .. e ?Z,re 'IP o._de HARRISBURG, PA 17110 Ci _ Isere . , ,I CI t if (1111,1 Ici "11 ;t + qr, tr rl i; j rtd7 ( 25 i'rtiGns ouse's social secu'ritY number Yrou must .. r cal c r T rer., IL " iJ You Spouse Filing Status 1 Sinc;ie , 4 Head cf 1,ciuseholcl (wit?i ualify!rg ?erscn?. !Sea 2 ,- Ikrrlled fihnc1 ' imtly r (ever. ' Gnly 3ne hr d rlronieJ Instrucfiuns j If the dual. tjm ,r ?.-c i- , cill-i - but not ycUr depei o, t enter tiii_, child hec, ': only 3 fJiclr tJ filing _ti?r??ely _ -e ]aGu e s ;,i-ova & full name here s one box. flame !ere - 5 F 0ualifying widow(er) ynU; dependent d0d 'nes in,tnrciran, Exemptions 6a Yourself. li neci call Cl -n ycu as a depte ef',, Bo checked d0 not Check tOX 6a . on 6a xe and 66. 2 b S ouse p .. No. of children mere than our dependents, see Instructions. c Dependents: 1) First narne Last narne (2) Dependent's social security nun-bier (3) Dependent's relationship to ?Clu (4) it quai,fyno child for child ;a: credd I I r7i n on 6c who: • lived with you • did not live with you due to divorce or separation (see instrs) Dependents on 6c not entered above Add numbers d- T c;ai number of exemptions ciai;rned on lines . above I 7 ',;lages, i lies, frps, etc utrach Fcrrn(s` , -2 7 153, 19 8 . ncome 8a Taxable inte-esirAttach r d'I _ B if required_ 8a l 7 . Attach Form( s) b Tax-exempt niter est. Do not inci,_rde on in e 8a 9a _' a nar J del d Attach Schedule B If required 8b 9a 17 9 01.2 here. Also attach Forms VV-2G and 1099-R b !r.e ,r;rrs) 10 cleaits, el ofrset o' ?at:.,nd loci ii -:or:e fay ee 9 b i t ?tio:;s) - - 10 1 6 68 . If tax was withheld. 11 %?,IlnlOnj .`:'=,,; ......... ..... .. ..... .. 11 nu did nct 12 Business lnceme or (loss). Attach ScheduI C or C EZ 12 ge _ 13 iif f g (ions, P." Sci d if regd. If nn -qd rL I:a-re F 13 luctinn_ 14 C,rner rlnins or ;ics sesj, !tach I-nri-n - _;, 14 15a !FA distributions 154 b Taxable amount (see instrsi 15b 16a Pensions and aru-uibes 164 65, 796. b Taxable arrieulit ,see uistrs) . 16b 61, 52 17 F. -ftal real -c;af`f pp-f l(;ISI}Ips cot pofotlon s, trus`.s etc. N,Vech SCriedUle E 17 uac e, LL ;f d 18 Faim irico ne or (Ir ,sj. it ch Sic' e i,;Ie F - 18 nor Itl?,Cll, JrY 19 i.?rnNlc ,,_ nr c oi r_en.abon 19 e I^,e 20a Snrlsl Seclrnitr Lerei'its - 20a? b T axalbl. amOUnt (see strs) 20b l Fonll 1040-V. 21 Oiher IIironle --------------------- ---------------- 21 22 Add the amculits ;;; the far nu,`,t coIUnin fcr Ilnes 7 fhrouah 21. This is your total income 22 216, 591. 23 . Ich?r f- reduc.tl?n. Ar h Fo n S85? 23 Adjusted Gross 24 rata bu:?iress aypcr e of re Fnrts, pp „ iu arli t-, -d er r?;,? ao,?e'nliert c:, rils tads Form ?ir, cr . o-FZ . 24 Income 25 Heal'h s-v nos a. o ;nt d'ductiol. a':h r. Ins 25 26 ttaC;^ Form :K'3 26 27 half ,f st_!f•? S f -.dale SE 27 28 28 29 ?,,, Ie nee i.d ?n?; 29 30 =_, 30 31 a L o-id b ec F ;'! > 288-82-6086 31 a 4, 200 , 32 ... I ;t!,_,r ,, - 32 33 H? to .er,` t :-, .:?; rct c ins'- '.I - 33 34 !lI C?Lt! ' tc, ii .. -r 34 35 r,e;lic ;_ I h n a_ 35 37 5ul_tr_a.ct ne F) fl cm line TI- ip is ;our adjusted gross incom e ' 37 212 3 91 , BAA For Disclosu re. Privacy Act, and Paperwork Reduction Act Notice, see instructions. `C;: <cri I, o?n: 1040 '?? _ X040 Tax and Credits T .4 30 - „rr 7 dross IncaT,e) _ 39a 1 =_. You = 4 -1 bll c. Total boxes Standard Deduction for a ?=ecl 1. ,,;'r?o r or .n 1 O -'. I'. ti- -, I- l?;rr l ;1e. - `? ? i rat , aal reed i ling Iolntly c? ?_fallfY?''??9 rdov.?(err. :I , r: ?Gp Head of I ?c ehold, F 50 Spouse t e ?i_. L El checked 39a? p - .,r e + __ _r.-u _ _ 0_.11 ,LU 11- , 1-o 1 'If, _ .na dr', -re ® 39b 10 Itemized deductionslft2nn r,:i or-, standard deduction (,Pe . t t?? _ 40 11 ne C;'T: .t 41 12 e C 'JIB Ff ( F? -c Ed hI - I im d _I 42 2 Taxable tncone- r-m use 41. 4? r-- 4 Tax w lrj?J_r uc!ir a rn _,4 b F-im " _ 44 5 Alternative minimum tax' c+: ,^ l 45 6 F =ra 46 2GI i I 56 Add lines 47 thmue'n 55. These are /our total credits 56 57 Subtract line 56 from fine 4b. If line 56 Is rnore than line 46, enter -0- 57 J F r alt, c??r -' to F:a rn !f :;re:J . 47 8 t,tedll for c i'd d cependent •tc eip _ ".!gin Fair 2441 48 9 Credit for the elder!, or the -iisabled. .`.tach Sf t ecJule F 49 0 _ ucah1 reC+ [ AttG ,-, Form y63 50 1 Retirement sa , ;s r-o .t,lj?*.ons crcdlt rt[ cl: Fotln 8880 51 2 _,idiiintial 2nergy credi?. tacl? Farr, H95 52 3 -t iId t2i crejlt (,rc InSiRtCtlGlli) /-C;:CI I t-wo G,,01 if eq.:-reri - - 53 4 -girl`s ft n,: aF]F_ m 2 b j rrntI 22°. c Li r orni 2259 54 5 r tier c.-edits. Check al Fltcatle x"e-sj a r_l arm 2G0 b Form c F_1F0111? 55 _ L 4 ? 18 E , 0'S8 ?ri' '6r 4O, '1= 40,215. 40,215. 58 pelf ernpl-,yment laz Atlnch It dull SE 58 Other 59 Sostal Secuiity nIid Medicare tit en lip ncome not repcried lo -3(rployer' At(x) Form 4! 017 59 Taxes 60 rccttiolm, tar on IRAs, olf)er goolified retueoent pl ,n., eic. Attach Fon l 53329 it requ!red- . 60 61 Advance earned in=e Credit payments from Form(s) VV-2, box G 61 62 Hcusehc.ld ernploYrne,-.t taxes. A-ach H 62 63 ',id fines tZ. This is your total tax ® 63 40, 215. Payments 64 : eoJer'al income ta,, ?Viti,',eld fTCM Fnnns `d'/ ,, d 10°0. 64 34, 228 . 65 D_,06, ?. tnn r.-J t-,x Pt__ is ll i ..171_-rnltt J ,_lle!i trnn LFtS lefts; 65 66a Earned income credit (EIC) 66a d, a b ct ;a i; r ! lectton ® 66 b er,j e CIC. 67 Se _:!rl _rd her I pp,7A :'_;i niirld?e6- (see rstruetiorrs 67 68 Add!tional child tax cred . Attach Fown b3112 68 69 utr ,nit p.11n ,VIIII? r=west for ei et r .r `i e f see r hl tiers) 69 70 Fcyn?ents from a 71 Fenn %`b ? Foni, 4131: c Form 2cE` 70 71 C e;!f for federal fsl -phone e e 3d p-' `ttcii Fr-no ?9i3 e-!;tred'- . 71 40 . 72 -add !i„es ca. E5 and 6? ,: q T!-es. n -e : r total payments ? 72 ? 6 Refund 73 ti lTre 12 %nolF lnrr Imp 63, ii t lijle 62 trom, ij s the li iit you overpaid 73 Direct epostt' 74a mr ura of !Ine , ocr want refunded to you. !f F(tI- 3g4S is a`ta:c,]ed, cis _l, sere e b r 'cut nn r _.el > c Tvl:,e: Gnecrng ?avlnas and ^il It ice, ? 4c. a' d %4d _, d G_c cunt nutrL Form 8888. 75 lime 7,. yojj applied to your 2007 estimated tax -T75 Amount 76 Arnourit you owe. S to'ra%( Ivn l2 from - r 3 Fir d.t t!s cr 1,3 msi. ?ci,oi,s 76 5 , 94 7 . You Owe 77 Eshmat.j lax pen _,-31f,,, (s: - mstrr ,Iors)- 77 Third Patty Go ;cu vdant to ollo"N soothe aet_on t d1, uss ; i < r eh, -t;> th the IRS (-sec inst t ncns)? ? Yes. Cct p?ete trle folic ?dn -. No Gesc?=='s Pl,nne Personal id=_nfif¢;d,or Designee . PREPARER GIr Sign Linde- u ,alt_eti r rv I declare't-aI h rl rr nd ctnp.i c nec rl ar s t i, , and t c tie ,ec ny t 1 e Here _ r;f,S b? lf'?U,B,LcIC SAFETY /-671_1210 EXECUTIVE ASST. r i ?rer? Paid 2/10/07 h self a„F P001 3645 Preparer's r r,„'S DAVID S. BABOIAN, CPA , PC Use Only 4350 CARLISLE PIKE 25-184823 address. an? -If, ?,Le CAMP HILL, PA 17011 Pn ne , (717) 763-2044 rrrr, loan _ _ - - S,CHEWLE A (Form 1040) Iternized Deductions ' Attach to Form 1040. See Instructions for Schedule A (Form 1040). oar .a..-_ _. _....... Your socral security number THOMAS R. HID SR.. Medical Caution. Do n7r. 7e e,PenseS i- . 7'r-:iS .r I c arid ~ Dental F_i Expenses 2 2 3 pl; it _ -51 3 4 ?_t ilr G ,e - ch ilr Miter _ 4 rJ Taxes You 5 Er r_ -v :al 5 6, 688 Paid 6 r=? ,ta t --_ - Inb i i[lens': 6 3, 948. 7 F rail -rt F, 7 II °ti U[,rl IS.,1 8 LV-. r :,.?? _I?t tyi _ a!l? •?n_.i-.t a ............. SEE STATEMENT 1 8 885. 9 P.dd Ones 5 through 3 9 11, 1. Interest 10 Hoirre mta ii;te'esi nn,] points ,=ported to you oil Form I09Z 10 12, 6-170 . You Paid 11 ri-i re Inort«rlar r•.erest •ot reported to yoti rl Fciiri 10E2 It pId to, lne peach tIC-,liom j.,L ,:dJy Ir rh` I'; ire, :,,,,, l7St1 UL _I. U-. and ,rnN tA;7! p. r:;afiS li iln ?, Identilyul0 iiUrribcl, Slid add rBSS (Sec - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - II-Siruciior7-4 - - - - - - - - - - - - - - - - - - - - - - - Note ----------------------- . F'ersonal 12 Fchrts lief iepcrred to you on roan 100. See inst?s for spcl f.ues 12 merest i 13 Invesrrent inter:- t. ,ttacll Frrn 45'52 if r'equlred . Ins ' CGI_ICtlb 1?°. III •.ff .j . . . . . . . . 13 14 i;dd Imes 'G t°re.igh 1 ?^ ... ... .. 14 12, 670. Gifts to 15 G: s uy cash cr chec<<. If ou,.r i,nade ary gift 5.'50 or y Charity rrrr Se= u tr 15 690. ? 16 cash . -10 or J 4t I _.,. lou must a t t a r Foim X28 it c. _,.. 16 680. Frr 17 ar r . ?irr of ear 17 16 a.dd hues 15i rou;a17, 18 1, 370. Casualty and Theft Losses 19 Casualty or theft boss(es). ttaci? Form X84. (See instructions.) 19 u . Job Expenses 20 Unrelmbursed ernplcvee earenses - lob travei, urnoi,dues, and Certain jcb education, etc. Attach Fer,-n 2106 or 21Cti-EL if Miscellaneous required (See unstrurtion5.'; Deductions -------------- - ----------------------------- 20 l 21 fge5 21 292. 2' ------------------- ------------------------------ 22 23 _ Z'i rtu _; _ 23 292 24 Enter alnour,t f rn-I Form lrlgn, line24 212, 391 . = 25_iltlpl, 34b _.. 5C 25 4, 248 26 JU•GJ-rct ll-cl " from III-. tf line - r of filar Ilne ?. enter - 0-. 26 rj, Other 27 r; Garr prom list r str?t?ins. L ?t <rMcurt' --------------- Miscellaneous --------------------- Deductions -------- ---- 27 Total 28 - to It REDUCTION itemized J Deductions i No ?r Ju s r ^, r ri:--ilti, 'nnn 28 29 If Y?i! C I' n c ?-"lil hr -!- I 1 r i?•I f ?`•I rl ail. firs' li 4 p.. > ?? BAA For Paperwork Reduction Act Notice. see Form 1040 instructions. ?enir i d? A r „ ,? Your social security number TM O',1AS R. R E I D Y SR. Schedule B - Interest and Ordinary Dividends Part I c II nl e II ,a _ Interest _ NA`•TZ RCU ------------------------------------------. -------------------------------------------- -------------------------------------------. Note. If •,a. 1Gr U17 F „r_, - - - - - - - - - ?,fnsli bite s;aternent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Lrr,,. list LP?e `,inn's - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ivfcie as Ine Vajrer rater the tcta, rate sl-?n..n ai-, ---------------------'---------------------- U-.atrf,?m: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Part II Ordinary Dividends Form 10=4-, -Ga ) Note. If a Farm =u!'sh;u to state,n?nt Irr;, lii a L'i 01?2r, uV' name as th, pa', anri enter the dma:y dr:• fa'fs -..?..n _i, .,,et Ic-. 08 t Amount 7. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------------------------------- -------------------------------------------- 2 Add the :rrol,.,.? .- , ------------------------------ 2 1 , 3 Excludable Interest of-, series EE and I U.S. savings bonds issued after 1939. /-"t.ach Form 8815 3 4 Subtract Mlle 3 fr01"n ),Inc 2. Enter the resUit hei e and On Form, Ilne 8a . ? 4 ? 7 . Note. If line 4 is over '$1,500, you must complete Part ill. Amount 5 List Marne of payer ------------------------------- A1A I N S TAY 17 . ------------------------------------------- -------------------------------------------- -------------------------------------------- -------------------------------------------! ------------------------------------------- -------------------------------------------- -------------------------------------------- ------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - - - - - - - - - - - - -. - - - - ' -------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------ ------------------------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------------------------------------------- a - am •,nts - .h of Forln !Oc0. iii-- `------ 6 cr re 1 .i.l I- .r ® 6 17° Note. If Ilse i? bl,?Ot7. VCU must ccn-I let- Part W. t r Ii (a) <- 5 % of , e t -- I i 'ir?l 1? ,r. o _?I (b) t (c) I: _.J c d ?fl L:U1 Yes No Icl^_ -r foi ?I: tl -1 -1 and 7a nl, -ir Trusts _ - t?-, a i q,-j, l - ?: ?r rli-, Tv b It ca= r- _ ---------------------------- 8 Diu, iI-rj d:d ^.i I Part III Foreign Accounts i vc mar nave to hI FcrrT; SFe jnsTUuc'?ons SAA For Paperwork Reduction Act Notice, see Form 1040 instructions. B 'F,:t - 8283 j Noncash Charitable Contributions Attach to your tax return if you claimed a total deduction = of over 5500 for all contributed property. ? See separate instructions. 155 ? ---??- I , 'nc_i _h,: r. Identifying number THOP47? S R. REID' SR.. Notes n, fire corr,_ ? orr -ee ?c? - o:? rn u'?tr :cticrs. - . r__r Section A. Donated Property of $5,000 or Less and Certain Publicly Traded Securities - only .mot IlTlla 't 1.?. ?if trE rlc' ?LjC T r 15 [Ti: 1 II?S fi- C'?,Sj Part i Information on Donated Property - lei, fr?r'aGB --??? a ,taferr?er?t. (a) f ar r W.- (b) G pt t c i? Pi of r?rd i-F?r i?_.; ;C r GOODWILL !NDUSTRIES A 1150 GOODWILL DRIVE HARRISBURG, PA CLOTHING & HOUSEHOLD ITEMS SALVATION ARM-Z B 36501 VARTA,1 WA HARRISBURG, PA CLOTHING & HOUSEHOLD ITEMS C D E Note_ th- amo_ rt r-,ij r_lain-?er, .,- a rfe-'.?.rction for ar i e'r IS ',Fiji-) r,r lesc vnu nn nn; ha:- to cnrnnlete cn _,rrins (dl. (ei. and (`i. (C) C t i :I. (d) v e r.d b (e) H a ac4u:red b v dcrcr, (f) C f cr <_. ccet or ad.u_tea casis (g) Fa.. rn--i .., i.:e (h) Pied cd „E_d t w., -t zi A 5;13/06 VARIOUS PURCHASE 1,400. 450. COMPARABLE SALES B 12/28/06 VARIOUS PURCHASE 700. 230. COMPARABLE SALES C D E Part if Partial Interests and Restricted Use Property - come e:e i es 2a r rc ar e if vcu gave := ?a1 a prooert,, listed in Part L Complete Tines 3a through 3c if ccndrtiens ,vere piaced erg a oo,-ti butien sted in Part (; also attach the required statement (see instruclicns). 2a Enf}ht,- ;etiei frGni Fat l _, :'cntiffes the rtepe?,, "or vlh)ch /CL feSS It atts.-_h _._ten er-J. b IJ ?i rr cd . (1) Fni this t ' _ .,, is?' ears (2) F or an', C c each jcl -.n11,t,o i [G an' _J?..I- ,b_,,ioli `,-.a5 n_, Je ,., ? yea" ^I'r LIEtE C fi Gill d F.,r , r, FIt , , :1 J as__ cIT ? Na BAA For Paperwork Reduction Act Notice, see separate instructions. , _ ;t-_ r-,r; , 8283 fr r tl- .'r. -it i 3l r 5- ?I .iS` c fl cr m,tine ,f 2006 STATEMENT 1 SCHEDULE A, LINE 8 OTHER TAXES EMST PA SUI PERSONAL TA?' FEDERAL STATEMENTS THOMAS R. REIDY SR. PAGE 1F 211 -36-1672 TOTAL $ 825. U.S. Office of Personnel Management Retirement Services Program Notice of Annuity Adjustment Dear THOMAS R REIDY, Claim Number: The amount we are paying you has changed. This letter provides your new monthly annuity rate and information about any adjustment reflected in your May 1, 2007 payment, which pays your annuity for the month of April. Please keep this notice for your records. We will mail you another notice the next time your payment amount changes. $ 5,663.00 Gross Monthly Annuity S - 124.15 Health Benefits Premiums for BLUE CROSS BLUE SHIELD $ - 32.50 Basic Life Insurance $ - 60.00 Post-retirement Basic Life Insurance Premium $ - 254.80 The cost of your Additional optional life insurance has increased because you have reached another age group. $ - 661.00 Federal Income Tax $ - 76.00 Long-Term Care Insurance, U.S. Savings Bonds, Association Withholding or Other Allotment $ - 500.00 Checking/Savings Allotment $ - 25.09 Federal Dental Insurance $ - 8.60 Federal Vision Insurance $ 3,920.86 Net Monthly Annuity if you have questions about this notice, you may call the Retirement Information Office at 1-888-767-6738 between 7:30 a.m. and 7:45 p.m. Eastern time, Monday through Friday and speak to a Customer Service Specialist. Please call us at 202-606-0500 if you live within local calling distance of Washington, DC. You may also contact us using email at retire@opm.gov. It is our pleasure to serve you. Retirement Services Program A great deal of retirement information is available online at www.opm.gov/retire. Ri 38-23A MC 003R Revised Sept 2005 PART II INCOME and EXPENSES Gross Income $5,663.00 $67,956.00 Federal Income Tax ($661.00) ($7,932.00) FEP-Blue Cross Health Insurance ($124.15) ($1,489.80) FEP-Dental Insurance ($25.09) ($301.08) FEP-Vision Insurance ($8.60) ($103.20) Basic Life Insurance ($32.50) ($390.00) Post-Retirement Basic Life Insurance ($60.00) ($720.00) Additional Optional Life Insurance ($254.80) ($3,057.60) FEP-Long Term Care Insurance ($76.00) ($912.00) Members 1 st Savings Allotment NET INCOME 500.00 $3,920.86 ($6,000.00) $47,050.32 Interest & Dividends $16 $196 Pensions & Annuities $0 $0 Social Security $0 $0 Rents $0 $0 Expense Account $0 $0 Gifts $0 - - $0 Unemployment Or Workman's Compensation $0 $0 Support or Alimony (not this case) $0 $0 Commissions or Tips $0 $0 Other $0 $0 TOTAL OTHER INCOME $16 $1% Page 1 of 4 PART II INCOME and EXPENSES Rent $0 First Mortgage $1,264 Home Equity Loan/Line of Credit $656 _ Maintenance and Repairs $327 Electric $10_2 - - Gas - - - $0 Oil $0 _ Home Telephone $67 Cell Phone $74 _ Water $25 Sewer $25 _ Trash $19 Other (Specify in Comment Column) $46 Internet Access Other (Specify in Comment Column) $0 Real Estate Taxes Municipal (Spring) .,, .... .,:. ; $0 u. No Mortgage Escrow Real Estate Taxes School (Fall) $0 No Mortgage Escrow Per Capita Tax $57 Occupation Tax $4 Other Taxes (specify) $12 PA SUI Homeowners Insurance $0 No Mortgage Escrow Automobile Insurance $98 Life Insurance $17 In add to FEP Insur Other Insurance Not Deducted from Pay (Specify ' $0 rim Payments Fuel $388 $93 t.. _ Maintenance and Repair $23 License and Registration $6 Other (Specify in Comment Column) $10 State Inspections Page 2 of 4 PART 11 INCOME and EXPENSES Doctor $8 Optical/Vision $12 Dental $137 Orthodontic $0 Medicine lorescriptions $_18 Hospital $0 Special Needs/Therapy Etc. $0 Other (Specify in Comment Column) $0 , _ ..... Private or Parochial School $0 w College & Vocational $0 Religious Training or Education $0 Books, Fees & Supplies $0 Other Educational Expenses Other (Specify in Co $0 Clothing Food $10 $365 _ I Barber & Hair Dresser Memberships $20 $2 Other Personal Expenses (Specify in Comment Column) $0 Navy Federal Visa $100 r Balance @ $ 960. Capitol One Visa $100 Balance @ $ 999. Bank of America $300 Balance @ $ 14,912. Members 1 st $483 Balance @ $ 5,064. Balance @ $ Balance $ Page 3 of 4 PART 11 INCOME and EXPENSES . ..._ .. .. ;' _ ?.r r Y? Household Help . \._41.2 ,?t, ... 04 $0 ..n Newspapers, Magazines & Books $37 Entertainment $25 Pay TV $105 Vacations $0 -- Gifts $25 Legal Fees $57 Charitable Contributions $20 Other Child Support $0 Not this case Other Spousal Support or Alimony $0 Not this case TOTAL EXPENSES M137 Page 4 of 4 Hospital FEP-B1ueCross Blue Sld 104 X Medical FEP-B1ueCross Blue Sld 104 X Health A FEP-B1ueCross Blue Sld 104 X Disability l None Dental FEP-United Concordia 113346026001 X Vision FEP-Blue Vision 7890366495 X Other-Specify *H=Husband; W=Wife;C=Child *H=Husband; W=Wife; J=Joint PART V. SUPPLEMENTAL INCOME STATEMENT [ X ] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. attached (2) The most recent Profit and Loss Statement. attached (c) Name of Business: Business Address: Business Telephone: (d) Nature of Business (check one) [ ] 1. Sole Proprietorship [ ] 2. Partnership [ J 3. Joint Venture [ ] 4. Professional [ ] 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f} Business Income: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period: 4. Net income per pay period: 5. Specify deductions, if any: F3 ', - 4 w MARGARET M. REIDY, n/k/a, MARGARET M. McMILLAN, Plaintiff VS. THOMAS R. REIDY, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 135 CIVIL 1992 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONTARY OF SAID COURT: Please enter my appearance on behalf of Plaintiff, Margaret M. Reidy, n/k/a Margaret M. McMillan, in the above captioned matter. Respectfully submitted, Date: - / 3 , e 7 Jacq line M. Verney, Esquire Supreme Ct. ID # 23167 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 4P •,9 CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the attached Praecipe was served upon the following by placing the same in the United States mail, postage prepaid, on the date indicated: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date S ' / 3 0 7 Jacq ine M. Verney, Esquire #23 67 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 r-I i3 ?. Gy c-n 1 MARGARET M. REIDY n/k/a MARGARET M. MCMILLAN, Plaintiff /Respondent V. THOMAS R. REIDY, SR., Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 135 CIVIL 1992 CIVIL ACTION -LAW IN DIVORCE ANSWER TO PETITION TO TERMINATE OR MODIFY THE 4/17/95 ALIMONY ORDER AND NOW comes, Plaintiff/Respondent, Margaret M. Reidy, n/k/a Margaret M. McMillan, by and through her attorney, Jacqueline M. Verney, Esquire and files this Answer to Petition to Terminate or Modify the 4/17/95 Alimony Order and in support thereof respectfully states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer the parties were married until June 15, 1993 when the divorce was entered, a period of 24 years. 5. Admitted in part/Denied in part. It is denied that Petitioner has been supporting Respondent. By way of further answer it is admitted that Petitioner has been contributing to Respondent's support since 1991. It is denied that the alimony payments made by Petitioner are sufficient for Respondent's support. 6. Admitted. 7. Admitted. 8. Admitted. 4 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Denied. Respondent is without sufficient knowledge to neither admit nor deny this allegation and strict proof thereof is demanded at hearing. 19. Denied. Respondent is without sufficient knowledge to neither admit nor deny this allegation and strict proof thereof is demanded. By way of further answer, Petitioner was contributing to certain other pensions, i.e., Thrift Saving Plan and Mainstay fund, at the time of the Divorce Master's hearing. See Petitioner's Exhibit "A" page 12. It is suspected that Petitioner has had the wherewithal to contribute to additional investment funds for the past 12 years since the Alimony Order of April 17, 1995. 20. Denied. See answer to Paragraph 19. 21. Admitted. 22. Admitted. 23. Admitted. 24. Denied. See answer to Paragraph 19. 25. Admitted. By way of further answer Petitioner continued to contribute to his Civil Service Retirement for an additional 12 years since the Alimony Order of April 17, 1995. 26. Denied. Respondent is without sufficient information to form a belief as to the averments in Paragraph 26 of the Petition. Strict proof thereof is demanded at the hearing. By way of further answer, see response to Paragraph 19. 27. Denied. Respondent is without sufficient information to form a belief as to the averments in Paragraph 27 of the Petition. Strict proof thereof is demanded at the hearing. By way of further answer, see response to Paragraph 19. 28. Admitted. 29. Denied. Respondent is without sufficient information to form a belief as to the averments in Paragraph 28 of the Petition. Strict proof thereof is demanded at the hearing. By way of further answer, if Petitioner's new wife has a job the expenses incurred as a result of her job are countered by her income and not included as Petitioner's expenses as a basis for a modification of the current Alimony Order. By way of further answer, Petitioner's expenses have decreased as he no longer has the transportation related expenses for traveling to work, work related lunch expenses or clothing expenses. 30. Denied. Paragraph is in the nature of a prayer for relief and as such no response is necessary. A. Denied. Respondent is without sufficient information to form a belief as to this averment and strict proof is demanded at hearing. B. Denied. Respondent is without sufficient information to form a belief as to this averment and strict proof is demanded at hearing. i C. Denied. Respondent is without sufficient information to form a belief as to this averment and strict proof is demanded at hearing. By way of further answer, if Petitioner has remarried and his spouse is employed as he has averred above, her additional income should be used to support her. D. Denied. Respondent is without sufficient information to form a belief as to this averment and strict proof thereof is demanded at hearing. By way of further answer, Petitioner's expenses should be contributed to by his current wife as she is apparently the cause of his additional expenses. E. Denied. Respondent denies that she has had adequate time to rehabilitate herself and strict proof thereof is demanded at hearing. F. Denied. It is denied that Respondent was awarded all of the liquid marital assets as a result of equitable distribution and that Petitioner was awarded none of the liquid assets and that he needs all of his income to be able to support himself and strict proof thereof is demanded a hearing. By way of further answer Petitioner continued to earn substantial income for another 12 years since the April 17, 1995 Alimony Order. Respondent is still in need of assistance to pay her expenses. G. Denied. See response to Paragraph 5. By way of further answer, the parties were married for 24 years. 31. (Erroneously numbered by Petitioner as Paragraph 28.) Denied. Respondent is without sufficient information to form a belief as to the averment made in this paragraph as to what Petitioner needs to verify income and expense information of Petitioner and strict proof thereof is demanded at hearing. 32. (Erroneously numbered by Petitioner as Paragraph 28.) Admitted. 33. (Erroneously numbered by Petitioner as Paragraph 29.) Admitted. 34. (Erroneously numbered by Petitioner as Paragraph 30.) Admitted. WHEREFORE, Respondent, respectfully requests that this Honorable Court: A. Deny Petitioner's Petition to Terminate or Modify the April 17, 1995 Alimony Order. B. Such other relief as the court may deem appropriate. Respectfully submitted, t k , I? DATE: " 13 - ?? .1 acq ine M. Verney, Esquire Supreme Ct. ID 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Respondent VERIFICATION I verify that the statements made in this Answer to Petitioner to Terminate or Modify the April 17, 1995 Alimony Order are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. DATE: r U " C) 7 C Mar aret . R idy nAJa Margaret M. McMillan CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the attached aNSWER was served upon the following by placing the same in the United States mail, postage prepaid, on the date indicated: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Date g l 3 -° 7 ( A V acq line M. Verney, Esquire #23467 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 EMPLOYMENT INFORMATION: Employer: K Address: Pay Period: 235(0_ CIZ.GO INCOME DESCRIPTION PAY PERIOD MONTHLI' YEARLY Gross Income Z?,I f &41.64, 3 i. 7 C'6 FICA cS !o 21 8 Z.1 Zed X - Medicare 7h ) _ (?C Federal Tax 140• -71 0 ,, L ?. 5 . State Tax - I trC , 7. 2 Local Tax PaSUI (Unemployment) Union Dues Mandatory Retirement Other Mandatory Deduction (Specify) Voluntary Retirement r-D Medical Insurance Dental Insurance t I Vision Insurance i Other Deduction (Specify): ? Other Deduction (Specify): Other Deduction (Specify;; I I NF71 INrOM' OTHER INCOME DESCRIPTION MONTHLY YEARLY Interest Et Dividends Pensions in Annuities Social Security Rents Expense Account Gifts Unemployment Or Workman's Compensation Support or Alimony (not this case) ? Commissions or Tips Other TOTAL OTHER INCOME EXPENSES DESCRIPTION ESTIMATED AMOUNT/M0. COMMENTS HOME EXPENSES: Rent o First Mortgage Home Equity Loan/Line of Credit Maintenance and Repairs I Electric 71 Gas Oil Home Telephone 2 Cell Phone ?l Water Sewer Trash Other (Specify in Comment Column) &C/o Other (Specify in Comment Column) I 1 TAXES: Real Estate Taxes 'do Mortgage Escrow Per Capita Tax 1 Occupation Ta; Other -1 axes (Specify in Comment Column; ! 4.33 EXPENSES DESCRIPTION ESTIMATED AMOUNT/M0. COMMENTS INSURANCE: Homeowners Insurance No Mortgage Escrow Automobile Insurance Life Insurance Other Insurance Not Deducted from Pay (Specify in Comment Column) AUTOMOBILE EXPENSES: Payments d? I0c,0vo wA? ??` coo e e.cl Fuel Maintenance and Repair 0 License and Registration G Other (Specify in Comment Column) MEDICAL EXPENSES NOT REIMBURSED BY INSURANC, :: Doctor t OC) c) A Optical/Vision Dental Orthodontic Medicine/ Prescriptions Hospital , Special Needs/Therapy Etc. tSp ?n ol.?mn) Other (Specify in Comment C 3 I I EXPENSES DESCRIPTION ESTIMATED AMOUNT/M0. COMMENTS EDUCATIONAL EXPENSES: Private or Parochial School College Et Vocational Religious Training or Education Books, Fees Et Supplies Other Educational Expenses Other (Specify in Comment Column) PERSONAL EXPENSES: Clothing Food 00 Barber Et Hair Dresser Memberships Other Personal Expenses (Specify to Comment Column 3 5 ;L CREDIT CARDS AND LOANS: \ Balance C 5; Balance C $ % 1 I Balance C S Batanc= C S i Balance C i I I Ralanr-c EXPENSES DESCRIPTION ESTIMATED AMOUNT/M0. COMMENTS MISCELLANEOUS EXPENSES: Household Help Newspapers, Magazines Ft Books Entertainment Pay TV ze) - Vacations Gifts Legal Fees Charitable Contributions Other Child Support Not this case Other Spousal Support or Alimony Not this case other (Specify in Comment Column) Other (Specify in Comment Column) Other (Specify in Comment Column) other (Specify in Comment Column) other (Specify in Comment Column) Other (Specify in Comment Column) other (Specify in Comment Column) other (Specify in Comment Column) j TOTAL EXPENSES i PART III. PROPERTY OWNED PROPERTY OWNED OWNERSHIP TYPE DESCRIPTION VALUE Checking 1:100 Savings Stocks/bonds Real Estate Other Other Other Other TOTAL PART IV. INSURANCE INSURANCE INFORMATION COVERAGE TYPE COMPANY POLICY NO. H W C Hospital Medical , Health Accident Disability Income Dental Vision L? Other-Specify Husband- W=wife; ?_ ?oirr; -%hllo PART V. APPLEMENTAL INCOME STATEMENT [ CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint ventur, business, profession, corporation or similar entity (check block to indicate the document is attached (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached (c) Name of Business: Business Address: Business Telephone: (d) Nature of Business (check one) [ ] 1. Sole Proprietorship [ ] 2. Partnership 3. Joint Venture [ ] 4. Professional [ J - Corporation [ J 6. Other (e) Name of accountant, controller or other person in charge of financial records: f Business income: 1. Annual income from business: 'ow often, is income receive ?. "iross income per pay period: Met income oer Dav oerioc SDecif?r dedu_tion7.:' an, Department of the Treasury-Internal Revenue Service (??}}?n 04'0 U.S. Individual Income Tax Return 200 (99) IRS Use For the year Jan. 1-Dec. 31, 2006, or other tax year beginning ending OMB No 1545-0074 Label L Your first name M.I. Last name A . Suffix Your social security number (see instructions MARGARET M MCMILLAN B 228-82-6086 on page 16.) E If a joint return, spouse's first name M.I. Last name Suffix Spouse's social security number Use the IRS L label. Otherwise Home address (number and street). If you have a P.O. box, see page 16. H Apt. no. You must enter , l i t E A& our SSN s above . p ease pr n or type. . R City, town or post office, state, aiw &ir wua. d you have a foreign address, see page 16. Checking a box below will not E Presidential _ change your tax or refund. Election Campaign ? Check here if you, or your spouse if filing jointly, want $3 to go to triia ?_._e 16) ? ? You ? spouse 1 QX Single 4 Q Head of household (with qualifying person). (See page 17.) Filing Status 2E] Married filing jointly (even if only one had income) If the qualifying person is a child but not your dependent, 3 [-] Married filing separately. Enter spouse's SSN above enter this child's name here. and full name here. ? Check only ? First name Last name SSN one box. First name Last name 5 [:] Qualifying widow(er) with dependent child (see page 17) Exemptio 6a X Yourself. If someone can claim you as a dependent, do ns . ' Boxes checked not check box 6a on 6a and 6b 1 b El Spouse . . . . . . . . . . . . . . . . . . . . . . . . . . No. of children If more than four dependents, see page 19. C Dependents: 7 First name Last name (2) Dependent's social security number (3) Deperd?nts relationship to you (d) dGualiryinq Child for child tax credit see page 19 on 6c who: • lived with you 0 • did not live with you due to divorce or separation 0 (see page 20) Dependents on 6c 0 not entered above Add numbers on 1 d Total number of exemptions claimed . . . . lines above ? Income 7 Wages, salaries, tips, etc. Attach Form(s) W-2 . . . . . . . . . . 7 20,226 Attach Form(s) 8a Taxable interest. Attach Schedule B if required . . . . . 8a W-2 here. Also attach Forms b 9a Tax-exempt interest. Do not include on line 8a . . . . . . Ordinary dividends. Attach Schedule B if required . . . . 8b . . . . . . 9a W-2G and 1099-R if tax b 10 Qualified dividends (see page 23) . < . . . . . . . . Taxable refunds, credits, or offsets of state and local income taxes . 91b (see page 24) . . . . 10 was withheld. 11 Alimony received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4,320 12 Business income or (loss). Attach Schedule C or C-EZ . . . . . . . . . . . . . . 12 you did not 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here ? ? 13 get a g 14 Other gains or (losses) -Attach Farm 4797 . . . . . . . . . . . . . . . . . . 14 see page ge 23 . 15a IRA distributions . . . 15a b Taxable amount (see page 25) 15b 16a Pensions and annuities . . . . . 16a b Taxable amount (see page 26) 16b Enclose, but do 17 Rental real estate, royalties, partnerships, S corporations, trusts, et c. Attach Schedule E . . . . 17 not attach, any 18 Farm income or (loss). Attach Schedule F . . . . . . . . . . . . . . . . . . . . . 18 payment. Also, 19 Unemployment compensation . . . . . . . . . . . 19 please use 20a Social security benefits . . . . . 120a I I b Taxable amount (see page 27) 20b 0 Form 10404. 21 Other income. List type and amount (see page 29) See Statement - - -- ---- ------ - - 21 7,250 22 Add the amounts in the far right column for lines 7 through 21. This is our total otal income ? income 22 31,796 23 Archer MSA deduction. Attach Form 8853 . . . . . . . . . . . 23 Adjusted Gross 24 Certain business expenses of reservists, performing artists, and fee-basis government officials. Attach Form 2106 or 2106-EZ . . . . 24 25 Health savings account deduction. Attach Form 8889 . 25 Income 26 Moving expenses. Attach Form 3903 . . . . . . . . . . . . . 26 27 One-half of self-employment tax. Attach Schedule SE . . . . . . 27 18 Self-employed SEP, SIMPLE, and qualified plans . . . . . . . . 28 29 Self-employed health insurance deduction (see page 29) . . . . . 29 30 Penalty on early withdrawal of savings . . . . . . . . . . . . 30 31a Alimony paid b Recipient's SSN ? 31a 32 IRA deduction (see page 31) . . . . . . . . . . . . . . . 32 33 Student loan interest deduction (see page 33) . . . . . . . . . 33 34 Jury duty pay you gave to your employer . . . . . . . . . . 34 35 Domestic production activities deduction. Attach Form 8903 . 35 36 Add lines 23 through 31 a and 32 through 35 . . . . . . . . . . . . . . . . . . . . . 36 37 Subtract line 36 from line 22. This is our adjusted gross income ? 37 31 796 rut utsctusurr, rnvacy Aci, ano vaperworK Keauctlon Act Notice, see page au. Form 1040 (2006) (HTA) Form 1040 (2006) MARGARET M MCMILLAN 228-82-6086 Page 2 Tax 38 Amount from line 37 (adjusted gross income). . . . . . . . . . . . . . . . . 38 31,796 and 39a Check You were born before January 2, 1942, ? Blind. Total boxes F? Credits if: [ ? Spouse was bom before January 2, 1942, ? Blind. checked ? 39a Standard Deduction b If your spouse itemizes on a separate return or you were a dual-status alien, seepage 34 and check here ? 39b for- 40 Itemized deductions (from Schedule A) or your standard deduction (see left margin) . . . . . . 40 10,701 • People who h k d 41 Subtract line 40 from line 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 21,095 any c ec e box on line 42 If line 38 is over $112,875, or you provided housing to a person displaced by Hurricane Katrina, 39a or 39b or see page 36. Otherwise, multiply $3,300 by the total number of exemptions claimed on line 6d . . . 42 3,300 who can be l i 43 Taxable income. Subtract line 42 from line 41. If line 42 is more than line 41, enter -0- . - 43 17,795 c a med a dependent, 44 Tax (see page 36)• Check if any tax is from: a E] Form(s) 8814 b F 1 Form 4972. 44 2,289 see page 34. 45 Alternative minimum tax (see page 39). Attach Form 6251 . . . . . . . . . . . . . . . 45 *All others: 46 Add lines 44 and 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . ? 46 2,289 Single or 47 Foreign tax credit. Attach Form 1116 if required . . . . . . . . . . . 47 Married filing t l 48 Credit for child and dependent care expenses. Attach Form 2441 . . . . 48 separa y, e $5 150 49 Credit for the elderly or the disabled. Attach Schedule R . . . . . . . . 49 , Married filing 5o Education credits. Attach Form 8863 . . . . . . . 50 jointly or 51 Retirement savings contributions credit. Attach Form 8880 . . . . . . 51 Qualifying 52 Residential energy credits. Attach Form 5695 . . . . . . . . . . . . 52 widow(er), 53 Child tax credit (see age 42). Attach Form 8901 if required 53. $10,300 54 Credits from: a ? fForm 8396 b ? Form 8839 c ? Form 8859 54 Head of household 55 Other credits: a ? Form 3800 b ? Form 8801 c ? Form 55 , $7,550 56 Add lines 47 through 55. These are your total credits . . . . . . . . . . . . . . . . . . 56 57 Subtract line 56 from line 46. If line 56 is more than line 46, enter -0- ? 57 2 289 58 Self-employment tax. Attach Schedule SE . . . . . . . . . . . . . . . . . 58 Other 59 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 . . . . 59 Taxes 60 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required . . . . . 60 61 Advance earned income credit payments from Form(s) W-2, box 9 . . . . . . . . . . . . . 61 62 Household employment taxes. Attach Schedule H . . . . . . . . . . . . . . . . . . . . . 62 63 Add lines 57 through 62. This is our total tax . ? 63 2,289 Payments 64 Federal income tax withheld from Forms W-2 and 1099 . . . . . . . 64 2,479 65 2006 estimated tax payments and amount applied from 2005 return . . . 65 If you have a 66a Earned income credit (EIC) . . . . . . . . . . . . . . . 66a qualifying b Nontaxable combat pay election . . ° ? 66b child, attach 67 Excess social security and tier 1 RRTA tax withheld (see page 60) . . . . 67 Schedule EIC. 68 Additional child tax credit. Attach Form 8812°. . . . . . . . . . . . 68 69 Amount paid with request for extension to file (see page 60 69 TO Payments from: a ?Fprm 2439 b ?Form 4136 C ??Form 8885 70 71 Credit for federal telephone excise tax paid. Attach Form 8913 if required 71 30 72 Add lines 64, 65, 66a and 67 through 71. These are our total payments ? 72 2,509 Refund 73 If line 72 is more than line 63, subtract line 63 from line 72. This is the amount you overpaid . . 73 220 74a Amount of line 73 you want refunded to you. If Form 8888 is attached check here. . . ? 0 74a 220 Direct deposit? ? b Routing number XXXXXXXXX ? c Type: Checking ? Savings See page 61 and fill in 74b, ? d Account number 1XXXXXXXXXXXXXXXXX 74c, and 74d, or Form 888. 75 Amount of line 73 you want applied to our 2007 estimated tax ? 75 Amount 76 Amount you owe. Subtract line 72 from line 63. For details on how to pay, see page 62 . . . . ? 76 0 YOU OWe 77 Estimated tax enact see page 62 77 Third Party Do you want to allow another person to discuss this return with the IRS (see page 63)? X? Yes. Complete the following. ? No Designee Designee's Phone Personal identification name ? PREPARER no ? 757-498-4810 number (PIN) . ? 54545 Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and Here belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Joint return? Your signature Date Your occupation Daytime phone number See page 17. SALES Keep a copy for your Spouse's signature. If a joint return, both must sign. Date Spouse's occupation records. Preparer's Paid signature Date I Check if Preparer's SSN or PTIN 6/4/2007 self-employed ? P00633436 Preparer's Firm's name (or DANIEL_ S. COOK, PLLC EIN 20-0846528 Use Only yours if self-employed), 111, ' _ Phone no. 757-498-4810 address, and ZIP code VIRGINIA BEACH State VA ZIP code 23452 Form 1040 (2006; SCHEDULEA OMB No. 1545-0074 Schedule A-Itemized Dedu ctions (Form 1040) 2006 Department of the Treasury Internal Revenue Service (99) ? Attach to Form 1040. ? See Instructions for Schedule A Form 1040. Attachment Sequence No. 07 Name(s) shown on Form 1040 Your social security number MARGARET M MCMILLAN 228-82-6086 Medical Caution. Do not include expenses reimbursed or paid by others. 1 Medical and dental expenses (see page A-1) . . . . 1 and 2 Enter amount from Form 1040, line 38. 2 31,796 Dental 3 Multiply line 2 by 7.5% (.075) . . . . . . . . . . . . . . 3 2,385 Expenses 4 Subtract line 3 from line 1. If line 3 is more than line 1, enter -0- 4 0 Taxes You 5 State and local income taxes . 5 763 Paid 6 Real estate taxes (see page A-3) . . . . . . . . . . . . . 6 1,978 (See 7 Personal property taxes . . . . . . . . . . . . . . . . 7 52 page A-3.) 8 Other taxes. List type and amount ? -- ------- 8 9 •----- -- ------- ------------- -- --- --- . . . . . . . . . . . . . . . . . Add lines 5 throu h 8 . . . . . . . . . . 9 2,793 Interest 10 Home mortgage interest and points reported to you on Form 1098 10 5,201 You Paid 11 Home mortgage interest not reported to you on Form 1098. If paid to the person from whom you bought the home, see page A-3 (See and show that person's name, identifying no., and address b. page A-3.) Name --------------------------------------------------------------- Address Note. TIN 1 Personal 12 Points not reported to you on Form 1098. See page A-4 interest is for special rules . . . . . . . . . . . . . . . . . . . 12 not 13 Investment interest. Attach Form 4952 if required. (See deductible. page A-4.) . . . . . . . . . . . . . . . : . . . . 13 14 Add lines 10 through 13 14 5,201 Gifts to 15 Gifts by cash or check. If you made any gift of $250 or Charity more, see page A-5 . . . . . . . . . . . . . . . . . 15 100 If you made a 16 Other than by cash or check. If any gift of $250 or more, gift and got a see page A-5. You must attach Form 8283 if over $500 . . . . 16 115 benefit for it, 17 Carryover from prior year . . . . . . . . . . . 17 see page A-4. 18 Add lines 15 through 17 18 215 Casualty and Theft Losses 19 Casualty or theft loss(es). Attach Form 4684. See page A-6. 19 Job Expenses 20 Unreimbursed employee expenses-job travel, union and Certain dues, job education,` etc. Attach Form 2106 Miscellaneous or 2106-EZ if required. (See page A-6.) ? Deductions .-------------------------------------------------------------. See Attached Statement 3,128 20 3,128 (See 21 •------------------------------------------------------------- Tax preparation fees . . . . . . . . . . . . . . . . . . 21 page A-6.) 22 Other expenses-investment, safe deposit box, etc. List type and amount ? -------------------------------------------------------------. 22 23 ----------------------------------------------------------- Add lines 20 through 22 . . . . . . . . . . 23 3,128 24 Enter amount from Form 1040, line 38 . 24 31,796 25 Multiply line 24 by 2% (.02) . . . . . . . . . . . . . . . 25 636 26 Subtract line 25 from line 23. If line 25 is more than line 23, enter -0- 26 2,492 Other 27 Other-from list on page A-7. List type and amount ? ------------- ------------- ---------- Miscellaneous Deductions 27 Total 28 Is Form 1040, line 38, over $150,500 (over $75,250 if married filing separately)? Itemized OX No. Your deduction is not limited. Add the amounts in the far right column Deductions for lines 4 through 27. Also, enter this amount on Form 1 040, line 40. ? 28 10,701 n YPC Ynrir riaciirrtinn may ha limited- See nane A-7 for the am ount to enter. 29 If you elect to itemize deductions even though they are less than your standard deduction, check here ? ` For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule A (Form 1040) 2006 (HTA) Form2106 Employee Business Expenses OMB No. 1545-0074 2006 lip. See separate instructions. Department of the Treasury Attachment Internal Revenue Service 99 ? Attach to Form 1040 or Form 1040NR. Se uence No. 54 Your name Occupation in which you incurred expenses 7 Social security number MARGARET M MCMILLAN SALES 228-82-6086 Employee Business Expenses and Reimbursements Column A Column B Step 1 Enter Your Expenses Other Than Meals Meals and and Entertainment Entertainment 1 Vehicle expense from line 22 or line 29. (Rural mail carriers: See instructions.) . . . . . . . . . . . . . . . 1 3,128 2 Parking fees, tolls, and transportation, including train, bus, etc., that did not involve overnight travel or commuting to and from work . . 2 0 3 Travel expense while away from home overnight, including lodging, airplane, car rental, etc. Do not include meals and entertainment . 3 4 Business expenses not included on lines 1 through 3. Do not include meals and entertainment . . . . . . . . . . . . . . . 4 0 5 Meals and entertainment expenses (see instructions) . . . . . . 5 6 Total expenses. In Column A, add lines 1 through 4 and enter the result. In Column B, enter the amount from line 5 . . . . . . . . 6 3,1281 0 Note: If you were not reimbursed for any expenses in Step 1, skip line 7 and enter the amount from line 6 on line 8. Step 2 Enter Reimbursements Received From Your Employer for Expenses Listed in Step 1 7 Enter reimbursements received from your employer that were not reported to you in box 1 of Form W-2. Include any reimbursements reported under code "L" in box 12 of your Form W-2 (see instructions) . . . . . . . . . . . . . . . . . . . . . . 7 0 0 Step 3 Figure Expenses To Deduct on Schedule A (Form 1040) 8 Subtract line 7 from line 6. If zera.or Tess, enter -0-. However, if line 7 is greater than line 6 in Column A, report the excess as income on Form 1040, line 7 (or on Form 1040NR, line 8) . . . . . 8 3,128 0 Note: If both columns of line 8 are zero, you cannot deduct employee business expenses. Stop here and attach Form 2106 to your retum. 9 In Column A, enter the amount from line 8. In Column B, multiply line 8 by 50% (.50). (Employees subject to Department of Transportation (DOT) hours of service limits: Multiply meal expenses incurred while away from home on business by 75% (.75) instead of 50%. For details, see instructions.) . . . . . . . . . . 9 3,128 0 10 Add the amounts on line 9 of both columns and enter the total here. Also, enter the total on Schedule A (Form 1040), line 20 (or on Schedule A (Form 1040NR), line 9). (Reservists, qualified performing artists, fee-basis state or local government officials, and individuals with disabilities: See the instructions for special rules on where to enter the total.) . . ? 10 3,128 For Paperwork Reduction Act Notice, see instructions. Form 2106 (2006) (HTA) Form 2106 (2006) MARGARET M MCMILLAN 228-82-6086 Page 2 Vehicle Expenses Section A-General Information (You must complete this section if you (a) Vehicle 1 (b) Vehicle 2 are claiming vehicle expenses.) 11 Enter the date the vehicle was placed in service . . . . . . . . 11 01/01/2005 12 Total miles the vehicle was driven during 2006 . . . . . . . . . 12 17,030 miles miles 13 Business miles included on line 12 . . . . . . . . . . . . . . 13 7,030 miles miles 14 Percent of business use. Divide line 13 by line 12 . . . . . . . . 14 41.28% 15 Average daily roundtrip commuting distance . . . . . . . . . . 15 miles miles 16 Commuting miles included on line 12 . . . . . . . . . . . . 16 0 miles miles 17 Add lines 13 and 16 and subtract the total from line 12. Other miles 17 10,000 miles miles 18 . Do you (or your spouse) have another vehicle available for personal use? . . . . . . . . . . . . . ? Yes ? No 19 Was your vehicle available for personal use during off-duty hours? . . . . . . . . . . . . . . . . 0 Yes ? No 20 Do you have evidence to support your deduction? . . . . . . . . . . . . . . . . . . . . . . ?X Yes ? No 21 If "Yes," is the evidence written? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 Yes ? No Section B-Standard Mileage Rate (See the instructions for Part II to find out whether to complete this section or 5ectlon u.) 77 KAul+ I Una VA by d4 5# !_4451. . . 22 I 3,128 Section C-Actual Expenses a Vehicle 1 b Ve hicle 2 23 Gasoline, oil, repairs, vehicle etc . . . . . . . . . insurance 23 0 0 , l 24a 0 " s . . . . . . . . . 24 a Vehicle renta b Inclusion amount (see instructions) . 24b 0 24c 0 c Subtract line 24b from line 24a . 25 Value of employer-provided vehicle (applies only if 100% of annual lease value was included on tions) i t 25 0 . . . ruc ns Form W-2-see 26 0 " 26 Add lines 23, 24c, and 25 . . . . 27 Multiply line 26 by the percentage 14 27 0 . . . . . . . . . . on line 28 0 28 Depreciation (see instructions) . 29 Add lines 27 and 28. Enter total here and on line 1 . . . . 29 .. 0 n-nanrariatinn of Vehicles ruse this section only if you owned the vehicle ana are completing aectivn I- iui uic VCHI 0.1 a Ve hicle 1 b Ve Ic e 30 Enter cost or other basis (see instructions) . . . . . . . . . 30 0 31 Enter section 179 deduction (see instructions) . . . . . . 31 32 Multiply line 30 by line 14 (see instructions if you claimed the section 179 deduction or special . . . allowance) 32 0 . . . . . . . 33 Enter depreciation method and percentage (see instructions) . . . 33 0.00% 34 Multiply line 32 by the percentage ns) ti i t 3 34 0 . . . o ruc (see ns on line 3 . . . . . 35 Add lines 31 and 34 35 0 . 36 Enter the applicable limit explained in the line 36 instructions . . . . . 36 0 37 Multiply line 36 by the percentage 37 0 on line 14 . . . . . . . . . . 38 Enter the smaller of line 35 or line 37. If you skipped lines 36 and 37, enter the amount from line 35. Also enter this amount on line 28 above . - 38 0 1 1 _ ?fA AC .nnn? 2006 VA760CG -Tax Year Individual Income Tax Return 0 111111111111111111111111111111111 El 1JU. MARGARET M MCMILLAN ? - -? ?n, "T n " r' Name or Filing Accelerated Filing Federal tarneu nead of Change: Refund: Status: 1 Income Credit House- Address hold: Change: Amended: Exemptions Dependents Total 65 and over Blind Total Virginia Return Not Filed Last Year: Locality: Yourself 1 01 Spouse Your SSN MCMI Vendor ID: 1015 Spouse's SSN 1. Fed Adj Gross Income 1. 31796. 16a. Your VAGI 16a. 2. Additions, see pg 2, line 3 2. 0. 16b. Spouse's VAGI 16b. 3. Subtotal r 317 9 6 . 17. Net Tax 17. 4a. Age Deduction - You 4a. 0. 18a. Your Withholding 18a. 4b. Age Deduction - Spouse 4b. 0. 18b. Spouse's Withholding 18b. 5. Soc Sec & Tier 1 Railroad 5. 0. 19. Estimated Payments 19. 6. State Inc Tax Overpayment 6. 0. 20. Extension Payments 20. 7. Other Subtractions, see pg 2, line 7 7. 0. 21. Credit for Low Income 21. 8. Subtotal Subtractions 8. 0. 22. Credit tax paid another state 22. 9. Total VAGI L 31796. 23. Other Credits 21 10a. Federal Sch. A 24. Total Payments Itemized Deductions 10a. 10 7 01 . /Credits 24. 10b. State/Local Income Tax 10b. 763. 25. Tax You Owe 25. 10. Deductions 10. 9 9 3 8 . 26. Overpayment Amount 26. 27. Amount to 11. Exemptions 11. 900. Credit to Next Year's Tax 27. 12. Child/Dependent Care 12. 0. 28. Adjustments/Contribution s 28. Amount You Owe: 13. Subtotal 13. 10 8 3 8 . Paid by Credit Card 14. VA Taxable Income 14. 20958. Refund: J Bank Routing 15. Tax Amt. 15. 947. Number Bank Account 16. Spouse Tax Adjustment 16. 0. Number _LAR _DLAR _LTD $ Office Use: TP TA TD ?1 NOL: 810 228826086 0. 0. 947. 763. 0. 0. 0. 0. 0. 0. 763. 184. 0. 0. 0. 184. 0. VA760CG Page 2 - Year 2006 0 MARGARET M MCMILLAN '1I1121LU ? M lpgj ? tllll 228826086 kt id Ni?,lkf? b?liYb4W W?,tW?4 I,Wfl Yr4tri4?' ADDITIONAL FILING INFORMATION r Farming/ Fishing, Coalfield Merchant Seaman: Enhancement Spouse's Name - Filing Status 3 Only Taxpayer Fixed Date Deceased: Conformity: Tax Credit for Low Income Individuals Dependent on Overseas or VA Earned Income Credit another's return: when due: 8. Exemption Information Social Security VAGI Number Preparer Info 2 0 0 8 4 6 5 2 8 • 2 a. 0 Phone b. 0 You c. 0 d. 0 Spouse Additions - SCH ADJ/CG - Part 1 g. Total Family VAGI 8g. • 0 . 1. Interest on obligations 9. Total Exemptions 9. • 00 of other state 1. 0. 11. Form 760 exemptions 2. Other Additions: multiplied by $300 11. 0. a. Fixed Date Conformity 2a. 0. 11a. Federal Earned Income Credit 11a.• 0. 2b. 0. 11 b. Multiply Line 11 a by 20% (.20) 11 b. 0. 2c. 0. 11 c. Greater of Line 11 or Line 11 b 11 c. 0. 3. Total Additions: 3. 0. Subtractions 12. Credit (Lesser of Line 11c above or Page 1, Line 17) 12. 0. 4. Income from obligations or securities of the U.S. 4. 0. 5. Disability Income reported as wages 5. 0. AGE DEDUCTION DETAILS 6. Other: a. Fixed Date Conformity 6a. 0. You o. L 6b. 0. Spouse 0. 6c. 0. Dept of Taxation can discuss 6d. 0. my return with my preparer. X 7. Total Subtractions: 0. Preparer Phone Number 7 5 7 4 9 8 4 810 1 (We), the undersigned, declare under penalty of law that I (we) have examined this return and to the best of my (our) knowledge, it is a true, correct and complete return. Preparer Signature Date 06/04/07 Your Signature Date DANIEL COOK DANIEL S. COOK, PLLC Spouse's Signature Date y lA0 VT Ur - File by May 1, 2007 2006 Virginia Schedule INCICG E3 Report all W2's and 1099's with Virginia Withholding MARGARET M MCMILLAN 228826086 r -? Your/ You/ Virginia Employer Virginia Virginia Wages, Spouse SSN Spouse Withholding FEIN Account Number tips, other comp. 228826086 1 242. 391934647 5211. 228826086 1 521. 541836889 15015. L Total Virginia Withholding: SSN VA Withholding YOU 228826086 763. SPOUSE TOTAL NUMBER OF W2'S AND 1099'S 2 AVOID DELAYS in processing your return! Be sure to enter all information including Employer's FEIN. 1015 a Control number Safe, accurate, Visit the IRS website 60-0000134 OMB No. 1545-0008 FASTI Use at www.irs.gov/eflle. b Employer Identification number (EIN) 1 Wages, tips, other compensation 2 Federal income tax withheld 39-1934647 5211.00 781.88 c Employer's name, address, and ZIP code 3 Social security wages 4 Social security tax withheld SEEK PROFESSIONALS, LLC 5211.00 323.08 1160 OPPORTUNITY DR 5 Medicare wages and tips 6 Medicare tax withheld PO BOX 595 5211.00 75.58 GRAFT ON , WI 53024-0595 7 Social security tips 8 Allocated tips d Employee's social security number 9 Advance EIC payment 10 Dependent care benefits 228-82-6086 e Employee's name, address, and ZIP code Suff. 11 Nonqualified plans 12a See instructions for box 12 MARGARET MC MILLAN _ 13 Statutory Retirement Third-party employee plan sick pay 12b c El- da 1 14 Other 12c c dd e c2d n a 15 State Emptoyer's state ID number 16 State wages, tips, etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name VA 30391934647F00. . ---... .--5211.00 -------- -241. 76 ----------------------- ------ -------------- -------------- Wage and Tax Form W=2 Statement 2006 Copy B,-To Be Filed With Employee's FEDERAL Tax Return. This information is being furnished to the Internal Revenue Service. Department of the Treasury-Intemal Revenue Service FORM LW28 a Control number Safe, accurate, Visit the IRS website OMB No. 1545-0008 FASTI Use at wwwirs.gov/eliie. IS Hmoloyogr jprkifiFatipn number (EIN) 4?1 Otft3y 1 Wages, tips, ott?e9=film Q J y 2 t th eld Federal income ?"? "?fi.00 ?,rr?ad?gd.ZPlde WASHING L L C 3 social securitylw?g6s15 19 4 Social security tax Id 9 TIDEWATER PRESSURE WASHING . 4 y U r 5 Medicare wagef And fjp? . 19 6 Medicare tax withh I 7 . 72 7 Social security tips 8 Allocated tips dZ ?rppLyge-g stgb "rity number 9 Advance EIC payment 10 Dependent care benefits r} gyep'c. T nnage and initial tcut?tCC, nag e " Last nap?e?LA? I Suff. 11 Nonqualified plans 12a See instructions for box 12 c e V _ • _ - _ - a - - " 13 StaMOry Retirement T"h d-party employee plan sd pay 12b El E] d 14 Other 12c c d° 12d c ' °a f Employee s address and ZIP code 15.State? ,FmplotJeis tattl5 nu®ber salr__ 16 StatQ vyag@$, pps, 109 17 State ipcpfrip Mb o 18 Local wages, tips, etc. 19 Local income tax 20 Locality name ..aayc caas?a aan 2 0 0 6 Department of the Treasury Form Statement -Internal Revenue Service Copy B-To Be Filed With Employee's FEDERAL Tax Return. This information is being furnished to the Internal Revenue Service. ? CORRECTED (if checked) i f i is PAYER'S name, street address, city, state, ZIP code, and telephone no. 1 Rents OMB No. 1545.0115 OFFICERS' EQUIPMENT COMPANY $ 00 VISCell81e0US ` 2 Royalties 6 Income t $ Form 1099-MISC 3 Other income 4 Federal income tax withheld Copy B $ 7250.00 $ For Recipient PAYER'S federal identification RECIPIENTS identification 5 Fishing boat proceeds 6 Medical and health care payments number number 54-1001252 228-82-6086 RECIPIENTS name, street address (including apt. no.), city, state, and ZIP code 7 Nonemployee compensation 8 Substitute payments in lieu of dividends or interest This is important tax Margaret McMILLAN information and is being furnished to $ $ the Internal Revenue Service If ou are 9 Payer made direct sales of 10 Crop insurance proceeds y . required to file a 2 $5,000 or more of consumer return, a negligence products to a buyer i i t f r l ? $ or other penalty (rec p en ) o resa e sanction may be 11 12 imposed on you if this income is taxable and the IRS Account number (see instructions) 13 Excess golden parachute 14 Gross proceeds paid to determines that it payments an attorney has not been $ $ reported. 15a Section 409A deferrals 1515 Section 409A income 16 State tax withheld 17 State/Payer's state no. 18 State income $ $ Form 1099-MISC (keep for your records) Department of the Treasury - Internal Revenue Service 2006 VA760CG -Tax Year Individual Income Tax Return 1111111111111 IN III MARGARET M MCMILLAN Filing Federal Earned Head of Status: 1 Income Credit House- hold: Exemptions Dependents Total 65 and over Blind Yourself 1 01 Spouse Vendor ID: 1015 1. Fed Adj Gross Income 1. 31796 2. Additions, see pg 2, line 3 2. 0 3. Subtotal r 31796 4a. Age Deduction - You 4a. 0 4b. Age Deduction - Spouse 4b. C 5. Soc Sec & Tier 1 Railroad 5. C 6. State Inc Tax Overpayment 6. C 7. Other Subtractions, see pg 2, line 7 7. C 8. Subtotal Subtractions 8. 9. Total VAGI 317 9 E 10a. Federal Sch. A Itemized Deductions 10a. 1070' 10b. State/Local Income Tax 10b. 7 6- 10. Deductions 10. 993f 11. Exemptions 11. 90( 12. Child/Dependent Care 12. 13. Subtotal 13. 10 8 31: 14. VA Taxable Income 14. 2095 15. Tax Amt. 15. 94 16. Spouse Tax Adjustment 16. _LAR _DLAR _LTD $ p ??w. ' nll Name or Filing Accelerated Change: Refund: Address Change: Amended: Total Virginia Return Not Filed Last Year: Locality: Your SSN MCMI Spouse's SSN 16a. Your VAGI 16a. 16b. Spouse's VAGI 16b. 17. Net Tax 17. 18a. Your Withholding 18a. 18b. Spouse's Withholding 18b. 19. Estimated Payments 19. 20. Extension Payments 20. 21. Credit for Low Income 21. I . 22. Credit tax paid another sta te 22. i . 23. Other Credits 23. 24. Total Payments /Credits 24. 3 . 25. Tax You Owe 25. 3 . 26. Overpayment Amount 26. 27. Amount to Credit to Next Year's Tax 27. 28. Adjustments/Contributions 28. Amount You Owe: 3 . Paid by Credit Card 3. Refund: J Bank Routing 7. Number Bank Account J . Number Office Use: 7 p A T D ?1 NOL: 810 228826086 0. 0. 947. 763. 0. 0. 0. 0. 0. 0. 763. 184. 0. n 0. 184. 0. VA76000 Page 2 - Year 2006 MARGARET M MCMILLAN 228826086 1111111111111111111111 1111111111111111111111111111 ADDITIONAL FILING INFORMATION Farming/ Fishing, Coalfield Merchant Seaman: Enhancement Taxpayer Fixed Date Deceased: Conformity: Dependent on Overseas another's return: when due: Preparer Info 200846528 s Phone You Spouse Additions - SCH ADJ/CG - Part 1 1. Interest on obligations of other state 1. 2. Other Additions: a. Fixed Date Conformity 2a. 2b 2c 3. Total Additions: 3 Subtractions 4. Income from obligations or securities of the U.S. 4. 5. Disability Income reported as wages 5. 6. Other 0 1111 ' W11=10% iviftNVA11III r Spouse's Name - Filing Status 3 Only 2 0. 0. 0. 0. 0. 0. 0. Tax Credit for Low Income Individuals or VA Earned Income Credit 8. Exemption Information Social Security VAGI Number a. b. C. d. g. Total Family VAGI 8g. • 9. Total Exemptions 9. 11. Form 760 exemptions multiplied by $300 11. 11a. Federal Earned Income Credit 11a.• 11 b. Multiply Line 11 a by 20% (.20) 11 b. 11c. Greater of Line 11 or Line 11b 11c. 12. Credit (Lesser of Line 11c above or Page 1, Line 17) 12. AGE DEDUCTION DETAILS 0 0 0 0 0. 00 0. 0. 0. 0. 0. a. Fixed Date Conformity 6a. 0. You 0. 6b . 0. Spouse 0. a 6c. 0 . Dept of Taxation can discuss 6d . G . my return with my preparer. X 7. Total Subtractions: 0. Preparer Phone,Number 7 57 4 9 8 4 810 I (We), the undersigned, declare under penalty of law that I (we) have examined this ` return and to the best of my (our) knowled y ( ) g_, it is a true, correct and complete return. ? Preparer f <? ` ?% ?" ?? ?s?- . Signature n Date 06/04/07 Your Signature 'r i = ??•' rDateb a ? DANIEL COOK DANIEL S. COON, P7 LC Spouse's Signature Date ,7- File by May 1. 2007 2006 Virginia Schedule INC/CG K3 Report all W2's and 1099's with Virginia Withholding MARGARET M MCMILLAN 228826086 Your/ You/ Virginia Employer Virginia Virginia Wages, Spouse SSN Spouse Withholding FEIN Account Number tips, other comp 228826086 1 242. 391934647 5211. 228826086 1 521. 541836889 15015. Total Virginia Withholdin J g: SSN VA Withholding r0J 228826086 763. SPOUSE TOTAL NUMBER OF W2'S AND 10991S AVOID DELAYS in processing your return! Be sure to enter all information including Employer's FEIN. 1o1l- SEEK PROFESSIONALS, LLC REEMPLOY.COM PO BOX 595 GRAFTON, WI 53024 *** PAYROLL DIRECT DEPOSIT NOTICE *** MARGARET MC MILLAN ----?T , ++,) n,) .. ' .1041 1067 DEPOSIT DATE: 02/02/2007 *****6086 MARGARET MC MILLAN WKCL 08 STUB NO. 0001148 COMPANY TYPE HOURS RATE WK ENDING AMOUNT NORFOLKSOU REGULAR TIME 44.00 18.00 01/28/2007 792.00 WITHHOLDING AMOUNT Y-T-D ***** DEDUCTIONS FEDERAL 118.71 429.84 FICA 49.11 185.26 FICA MED 11.49 43.33 STATE 37.27 138.74 YTD TAX GRS 2988.00 TOTAL EARNINGS 792.00 YTD NONTAX 0.00 TOTAL W/H 216.58 YTD TOT GRS 2988.00 TOTAL DEDUCT 0.00 AMOUNT Y-T-D NET DEPOSIT 575.42 JUL 17 2007 16:08 FR NS CASUALTY CLAIMS 757 823 5289 TO 717172433518 P.02i04 UT1171/Ul lUb 14:db r44 4OZ 411 alvu .,.:,...,u.?...,............., _ _-- =C--=-.'^--;=c....;-?Ga=_:xeesap--==arc=.:-?•s? Gp?G?....--=a..ar??w?=--?GG?_ =?'r'Q7??-:GG7 ?.-_ ==-=70..-=-:-=??_?---?---.... 07117/2007 02:18 PM C H E C K R E G 1 S T F R (04KREG) PAGE: 1 CORP 1000 SEEK PROFESSIONALS, LLC EMPtt EMPLOYEE.: NAME CHECK DATE POSTING WE CHECK W CKHDL GROSS TOT DEO TOT u/H MET PAY 228826086 MARGARET,- MC MILLAN 01/12/2007 01/07/2007 0001073 648.00 0.00 161128 486.72 TOTALS FOR CHECK DATE - 01112/2007 648.00 0.00 161.23 486.72 228826086 MARGARET MC MILLAN 01119/2007 01/14/2007 0001096 174.00 ---------- ---- 0.00 ------ 209.65 ---------- 564.35 ---------- TOTALS FOR CHECK DATE - 01/19/2007 774.00 0.00 209.65 564.35 223826086 MARGAREr MC MILLAN 01/26/2007 01/21/2007 0001121 774.00 0.00 209.66 $64.34 TOTALS FOR CHECK DATE - 01/26/2007 774.00 0.00 209.66 564.34 228826086 KARGAREr MC MtLLAN 02102/2007 01/28/2007 0001148 792.00 0.00 216.58 575.42 TOTALS FOR CHECK DATE - 02102/2001 792.00 0.00 216.58 575.42 228826086 MARGARET MC MILLAN 02/09/2007 02/04/2007 0001176 792.00 0.00 216.56 575.44 TOTALS FOR CHECK DATE - 02/09/2007 792.00 0.00 216.56 575.44 223326086 MARGAREr MC MILLAR 02/16/2007 02/11/2007 0001207 792.00 0.00 216.56 575.44 TOTALS FOR CHECK DATE - 02/16/2007 792.00 0.00 216.S6 575.44 228826086 MARCAREr MC MILLAN 02/2312007 02/18/Z007 0001236 702.00 0.00 216.58 575.42 TOTALS FOR CHECK DATE - 02/23/2007 792.00 0.00 216.58 575.42 228826086 MARGARET MC MILLAN 0310212007 02/25/2007 0001263 792.00 0,00 216.56 575.44 TOTALS FOR CHECK DATE - 03/02/2007 792.00 0.00 216.56 575.44 223826086 MARGARET MC MILLAA 03/09/2007 03/04/2007 0001296 r92.0d 0.00 216.58 575.42 TOTALS FOR CHECK DATE - 03/09/2007 792.00 0.00 216.58 575,42 228826086 MARGARET PC PILLAR 03116/2007 03/11/zo07 0001326 792.00 0.00 216.56 575.44 TOTALS FOR CHECK DATE - 03116/2007 792.00 O.DO 216.56 575.44 228826086 NARCARET MC MILLAN 03/23/2007 03118/2007 oaO1353 774.00 0.00 209.66 564.34 TOTALS FOR CHECK DATE - 03/23/2007 774,00 0.00 209.66 564.34 228826086 MARGARET MC MILLAN 03130/2007 03/25/2DO7 0001378 810.00 0.00 223.49 586.51 TOTALS FOR CHECK DATE - Q3/3D/Z007 810.00 0.00 223.49 586.51 228826086 MARGARET MC MILLAN 04/06/2007 041011Z007 0001417 880.00 0.00 250.36 629.64 TOTALS FOR CHECK DATE - 04/06/2007 660.00 0.00 250.36 629.64 JUL 1? 200? 16:01 262 377 2760 PAGE. 02 • JUL 17 2007 16:09 FR NS CASUALTY CLAIMS 757 823 5289 TO 717172433518 P.03i04 07/17/2007 02:13 PM C H E C K R E G I S T E R (CflKREG) PAGE- Z CORP 1000 SEEK FRORSSIONALS, LLC EMP# EMPLOYEE NAME ------------. -------------- - - CHECK DATE --------..- POSTING WE ....---...... CHECK # .......--- CKHDL GROSS --. ----------------- TOT DED -'......---- TOT W/H ----------- NET PAY . ---- -- ------- --- -- 228826086 MARGARET MC MILLAN 04/13/2007 04/08/2007 0001438 880.00 0.00 250.36 --- - 629.64 TOTALS FOR CHECK DATE - 04/1312007 880:00 0.00 250.36 629.64 228826086 MARGARET MC PILLAR 04/20/2007 04/15/2007 0001465 880.00 0.00 250.36 629.64 TOTALS FOR CHECK DATE - 04/20/2007 880.00 0,00 250.36 629.64 228826086 MARGARET MC MILLAN 04/2712007 04/22/2007 0001487 880.00 0.00 250.36 629.64 TOTALS FOR CHECK DATE - 04/27/2007 880.00 0.00 250.36 629.64 228826086 MARGARET MC MILLAN 05/04/2007 04/2912007 0001517 880.00 0.00 250.36 629.64 TOTALS FOR CHECK DATE - 05/0412007 880.00 0.00 250.36 629.64 228826086 MARGARET MSC MILLAN 0511112007 05/06/2007 0001541 880.00 0.00 25036 629.64 TOTALS FOR CHECK DATE - 05/11/2007 880.00 0.00 250.36 629.64 228826086 MARGARET MC MILLAN 05/1812007 05/13/2007 0001568 880.00 0.00 250.36 629.64 TOTALS FOR CHECK DATE - 05/18/2007 880.00 C.00 250.36 629.64 228826086 MARGARET MC MILLAN 05/25/2007 05/20/2007 0001595 880.00 ... .. 0.00 .. 250.36 629.64 TOTALS FOR CHECK DATE - 05/2512007 . .. .. 880.00 ........ 0.00 .......... 250.36 .......... ' 629,64 Z28326086 MARGARET MC MILLAM 06/01/Z007 0512712007 0001623 880.00 0.00 250.36 629.64 TOTALS POR CHECK DATE - 06/01/2007 880.00 0.00 250.36 629.64 228826086 MARGARET MC MILLAN 06106/Z007 06/03/2007 0001647 860.00 0.00 242.68 617.32 TOTALS FOR CHECK DATE - 06/0$12007 860.00 0.00 242.68 617.32 228826086 MARGARET MC MILLAN 06/1512007 06/10/2007 0001670 880.00 0.00 250.36 629.64 TOTALS FOR CHECK DATE - 06/1512007 -- ------- 880.00 ------•--- 0.00 .- ------ 250.36 ...------ 629.64 228826086 MARGARET MC MILLAN 06/22/2007 06/17/2007 0001698 900.00 . 0.00 258.04 641.96 TOTALS FOR CHECK DATE - 06/22/2007 • ..... .. 900.00 .......... 0.00 ........ 258.04 .......... 661.96 228826086 MARGARET MC MILLAN 06/29/Z00T 06/24/2007 000172? 880.00 D.00 250.36 629.64 TOTALS FOR CHECK DATE - 06/29/2007 880.00 0.00 250.36 629.64 228826086 MARGARET MC MILLAN 07/0612007 07/01/2007 0001745 860.00 0.00 242.68 617.32 TOTALS FOR CHECK DATE - 07/06/2007 ---------- 860.00 ---------- 0.00 ---------- 242.68 ---------- 617.32 JTLL 17 2007 16'01 262 3?? 2760 PAGE.03 JUL 17 2007 16:09 FR NS CASUALTY CLAIMS 757 823 5289 TO 717172433518 P.04i04 nee.r?v===?eO ?=??cs'??;? ??xxaa??.==rca?a??cvn??=cc•----aweea?;=?__"_"_?.Y=?_^---_,.._....?--.-__ecna.--'-'^---- 07/17/2007 02:8 PM C H E C K R E A 1 S T E R (CHKREG) PAGE: 3 CORP 1000 SEEK PROFESSIONALS, LLC -?---- --.------°=.a_---_-_=----soot--_-------,.......--r------?.'_? _-._?_..._-- --_,_?^-_?---s?c?a------ ENpo EINPLOYE[ RAMF CHECK DATE POSTING WE CHECK # CKHOL . GROSS TOT DED TOT u/a NET PAY . . ................. ..................................... 228826086 MARCARET MC MILLAN Or/13/200? 07/08!2007 0001769 820.00 0.00 227.32 592.68 TOTALS FOR CHECK DATE - 07/132007 820.00 0,00 227.32 592.68 TOTALS FOR EMPLOYEE BRANCH - 1067 22,444.00 0.00 ---------- 6,254.40 --------- 16,189.60 JUL 17 2007 16:01 262 377 2760 PAGE.04 ** TOTAL PAGE. 04 ** 0,7/18/2007 13:15 7032214115 OFFICERS EQUIPMENT UFFICERS' EQUIPMENT COMPANY AMERICA'S FINEST Serving Since 1940 A MD MOST CQMPLETE 3ELECTIOLV OF VNITEID STATES MARINE CORPS MARINE CORPS EXCHANGES UNIFORM ACCESSORIES NAVY EXCHANGES UNIFORM TAILOR SHOPS GOVERNMENT AGENCIES 8956 JEFFERSON DAVIS HIGHWAY 9TAFFORD,VA 22654 MILITARY ACADEMIES FAx:703/221-4115 1300/221.1915 FRATERNAL ORGANIZATIONS 703/833-1912 July 18, 2007 Attn: Jacqueline Verney ( Fax: 717 / 243 - 3518 ) Dear Ms. Verney: PAGE 01 Manufacture - Wholesale AIGVtLLETTES INSIGNIA DAD013 MEDALS FELTS ORNAMENTS BUCKLES PATCHES BUTTONS RIBBONS CUFF LINKS 3HIRT3 CUMMERBUNDS SWORDS CHEVRONS TIPS DECALS TIE HOLDERS GLOVES VESTS This is to confirm that Margaret M. McMillan ( SSN 4 228-82-6086 ) is a Representative for Officers' Equipment Company as an Inventory Control Specialist. Ms. McMillan is not an employee of the company, but provides services on a consultant basis and is compensated at $20 per hour. Ms. McMillan is :responsible for paying taxes and transportation expenses incurred while performing these services. Hours Montle Worked Amount JAN '07 26 $ 520.00 FEB '07 30 600.00 MAR ' 07 38 760.00 APR '07 26 520.00 MAY ' 07 3 3 660.00 JUN '07 32 640.00 TOTAL 3• 0.44 Please let me know if you have any questions or if we can be of any f u-ther assistance. Sincerely, OFFICERS' EQUIPMENT COMPANY Margaret S. Welch JUL 17 2007 16:08 FR NS CASUALTY CLAIMS 757 823 5289 TO 717172433518 P.01i04 Norfolk Southern Corporation .)Cant L Rock Casualty Claims Department Assistant to the Three Commercial Place General Manager Casualty Claims Norfolk, Virginia 23510-9250 Direct (dial (757) 629-2875 Fax (757) 823-5289 Email: Janet.Roclfrscorp.com To Whom It May Concern: July 16, 2007 Margaret McMillan has been working as a temporary employee in the casualty claims office of Norfolk Southern Corporation since December, 2006. She is paid by the ReEmploy agency. Margaret was hired to assist in a specific project with an original completion date of May, 2007. The project is now estimated to be complete within the next 3-4 months. The availability of work in this office after completion of this project will be limited, with a budgeted maximum of 15 hours per week. Please feel free to contact me if you have any questions regarding Margaret's employment here at Norfolk Southern. jlr Very truly yours, ?w & , ??'v Operating Subsidiary; Norfolk Southern Railway Company ? 4- ? ..-s ?..? .W.+ ??f. ? ::i . ='. C . .-..,,? t? _ . 7 ?" _ ? ' , wC .? Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff @comcast.net Attorney for Petitioner, Thomas R. Reidy, Sr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET M. REIDY, Plaintiff NO. 135 CIVIL 1992 V. : CIVIL ACTION - LAW THOMAS R. REIDY, SR., IN DIVORCE Defendant MOTION FOR HEARING ON PETITION TO TERMINATE AND NOW, this+ day of Aug , 2007, comes the Petitioner, Thomas R. Reidy, Sr. by his attorney, Diane G. Radcliff, Esquire, and moves this Honorable Court to schedule a hearing on his Petition to Terminate or Modify the 4/17/95 Alimony Order and assigns the following reasons therefor: 1. On May 14, 2007, your Petitioner, Thomas R. Reidy, Sr., filed a Petition to Terminate or Modify the 4/17/95 Alimony Order. 2. On May 15, 2007 this Honorable Court entered an Order attached hereto, marked Exhibit "A" and made a part hereof, in which the parties were ordered to file and serve upon the other party his or her Income and Expense Statement, 6 months of pay information and 2006 income tax returns within 30 days of the date of service of the 5/15/07 Order. 1 3. The 5/15/07 Order also entered a Rule against the Respondent to show cause why the requested relief should not be granted, returnable at a hearing to be set at a later date. 4. As appears on Affidavit of Service filed of record in this case, the 5/15/07 Order was served on the Respondent, Margaret M. Reidy, on June 4, 2007. 5. Petitioner filed his Income and Expense Statement, pay information and tax returns with the Prothonotary on June 29, 2007, prior to the end of the 30 day time period provided in the May 15, 2007 Order. 6. Petitioner's attorney was contacted by Jacqueline Verney, Esquire, who advised her that she was representing the Respondent in this case. The said Jacqueline Verney, Esquire, has, however, not entered her appearance in this case as of this case. 7. Respondent has not yet filed her Income and Expense Statement, pay information and tax returns, but did provide the same to Petitioner's attorney by her attorney Jacqueline Verney, Esquire by fax on July 18, 2007. 8. This case is ready for hearing before the Court as provided in the 5/15/07 Order. 9. A copy of this Motion was mailed to the Respondent and her attorney, Jacqueline Verney on August 7, 2007. 10. The only judges assigned to this case are as follows: A. The Honorable Harold E. Sheely, P.J., who entered the 11 /19/93 Final Order and the 10/21/96 Order of Court. B. The Honorable Edgar B. Bayley, P.J. , who entered the 4/17/95 Alimony Modification Order and the 5/15/07 Order referenced above. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order 2 scheduling a hearing on the Petition to Terminate or Modify the 4/19/95 Alimony Order. Respectfully submitted, Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner 3 Camp Hill, PA 17011 CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Margaret M. McMillan #202 • 2212 Lesner Crescent Virginia Beach, VA 23451 (Respondent) Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 (Counsel for Respondent) q 114?- /bl-7 No 32112 Camp H-ilT PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Counsel for Thomas R. Reidy, Sr, Petitioner 4 EXHIBIT "A" 5/15/07 Order IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANINAY 15 20D7 P4 MARGARET M. REIDY, Plaintiff V. THOMAS R. REIDY, SR., Defendant NO. 135 CIVIL 1992 CIVIL ACTION - LAW IN DIVORCE Re: PETITION TERMINATE OF MODIFY THE 4117193 ALIMONY ORDER ORDER AND NOW, this J, day of , 2007, upon consideration of the within Petition, IT IS HEREBY ORDERED that 1. A Rule is issued upon the Respondent, Margaret M. Reidy, to show cause why the Petitioner, Thomas R. Reidy , is not entitled to have his alimony obligation set forth in the 4/17/93 Order terminated as requested in the within Petition. Rule Returnable 4„& a#?er seise of this-G-rdeP44p00 p°wo"rip°t, ?.?. a reaa?,n ?o be. set ak a lacer Aah) . 9 2. Within 30 days after the date of service of this Order upon Respondent, Margaret M. Reidy, each party shall file with the Court, and provide the other party with, the following (1) a completed Income and Expense Statement in the form prescribed by Pa.R. C. P. 1910.27(c)(2)(B); (2) his or her pay stubs or other evidence of income for the preceding six (6) months; and (3) complete copies (with all schedules and W-2 statements) of his or her income tax returns for 2006. 3. A copy of this Order and the within Petition shall be served upon Respondent, by Petitioner's counsel. For that purpose only, Domestic Relations shall provide Petitioner's Counsel, Diane G. Radcliff, Esquire with Respondent-Margaret M. Reidy 's 's address. LOLLI?3A g 4.lti n-ot A:1VLk-?' BY THE COURT: A j J3 - Distribution to: Attorney of Record for Petitioner, Thomas R. Reidy, Sr. Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 Fax: 717-975-0697 Margaret M. Reidy Pro Se ?rtt c> ? f t7. • SEP 0 61007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET M. REIDY, Plaintiff NO. 135 CIVIL 1992 V. CIVIL ACTION - LAW THOMAS R. REIDY, SR., IN DIVORCE Defendant Re: PETITION TERMINATE OR MODIFY THE 4117195 ALIMONY ORDER `6 ? AND NOW, this 'T"L? day of , 2007, upon consideration of the within Motion, IT IS HEREBY ORDERED that a hearing is scheduled on Defendant's Petition to Terminate or Modify the 4/17/95 Alimony Order for the the t I` day of 2007) at 1 *-t6 o'clock a. m. in Courtroom Z of the Cumberland County Courthouse, Carlisle, PA BY THE COURT: JUDGE t%l 1 W LY N! N u Distribution to: Attorney of Record for Petitioner, Thomas R. Reidy, Sr.: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffCcomcast.net Phone: (717) 737-0100 Fax: 717-975-0697 Attorney for Respondent, Margaret M. McMillan: Jacqueline M. Verney, Esquire 44 S. Hanover Street, Carlisle, PA 17013 Phone: 243-9190 Fax: 243-3518 Email: imverney@aot.com Respondent, Margaret M. McMillan: Margaret M. McMillan #202 • 2212 Lesner Crescent Virginia Beach, VA 23451 COP I'£s m-attel_ q?y/o7 MARGARET M. REIDY, PLAINTIFF V. THOMAS R. REIDY, SR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 92-0135 CIVIL TERM IN RE: PETITION TO TERMINATE ALIMONY BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this day of October, 2007, the petition of Thomas R. Reidy, Sr., to terminate alimony, IS DENIED. r/ acqueline Verney, Esquire For Margaret M. Reidy ,A (lane Radcliff, Esquire For Thomas R. Reidy, Sr. sal Edgar B. Bayley, J. 21 "t- -- Q r ? -? U c-.s MARGARET M. REIDY, PLAINTIFF V. THOMAS R. REIDY, SR., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 92-0135 CIVIL TERM IN RE: PETITION TO TERMINATE ALIMONY BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., October 30, 2007:-- Thomas R. Reidy, Sr., age 60, and Margaret McMullen, age 59, were married on November 26, 1969. They separated on December 8, 1991. Their economic dispute was litigated before a Divorce Master. On June 15, 1993, a divorce and an order of alimony was entered in favor of wife against husband for $600 a month.' When the divorce was entered, husband was making approximately $73,000 a year. Wife was working part-time in retail sales making approximately $120 per week. On April 17, 1995, following a hearing on a petition of husband to terminate the alimony, an order was entered lowering the alimony to $350 a month. At that time, husband's annual income was still in the area of what it was two years earlier when the divorce was entered. Wife's annual income was approximately $26,400. Husband filed a second petition to terminate the alimony on July 24, 1996. At that time, his annual income was $73,382. Wife's annual income was $29,661. The petition was denied on For ease of reference we will still refer to them as husband and wife. 92-0135 CIVIL TERM October 22, 1996. That judgment was affirmed by the Superior Court of Pennsylvania on January 22, 1998. On May 14, 2007, husband filed a third petition to terminate the alimony upon which a hearing was conducted on October 11, 2007. Husband had a career in information technology in the Federal Civil Service working for the United States Navy. When divorced, he was working at a Naval Facility in Mechanicsburg, Cumberland County. Wife is from Scotland in the United Kingdom. At age fifteen, she was taken out of school and indentured. While married and living in Cumberland County, she obtained a GED at the Cumberland Valley High School. She has worked in office/sales positions. In June, 2003, husband was working at his federal position in London, United Kingdom. He was earning approximately $90,000 a year. The position was transferred to Naples, Italy, where he did not want to go. He returned to the Naval facility in Mechanicsburg where he learned that the government was outsourcing its requirements for information technology. He could have stayed in Mechanicsburg in another position while still making approximately $90,000 a year. However, he did not like that position, and in July, 2003, at age 56, he accepted an $18,000 incentive to retire. He started receiving a taxable federal retirement annuity that is now $68,000 a year. He receives medical insurance for which he makes a contribution. In 2004, husband took a full-time job with the Commonwealth of Pennsylvania. He was working in the office of the Governor at an annual income of approximately $96,000, when he was terminated, without fault, on January 12, 2007. He testified that -2- 92-0135 CIVIL TERM since then he has been looking for work in his field of information technology. He has put in seven applications, the most recent in mid-September, but has not been accepted for any position. Husband has approximately $80,000 in savings. He remarried on May 5, 1999. His new wife Nancy also works in a civilian capacity for the Navy in a job that is currently in Washington, D.C.' She rents an apartment there where she stays during the week. She spends her weekends with husband at his home that he owns in Harrisburg, Dauphin County. Wife has not remarried. She was awarded the marital home which she sold in 1995, netting approximately $60,000. She then moved to Virginia Beach, Virginia, and purchased a condominium for $95,000, where she still lives. The mortgage balance is approximately $74,000. She used all of the proceeds from the marital home to settle in Virginia, except $17,000 which she still has saved. In 1996, wife had gross annual income of $27,476. Since December, 2006, she has been working for a temporary agency in an office job at Norfolk Southern Railroad. She earns $20 per hour for forty- three hours a week, without benefits. The project she is working on will be completed at the beginning of November 2007, and the availability of additional office work at Norfolk Southern will be limited to fifteen hours per week. Wife has also been working for an average of six hours a week at the Officers' Equipment Company where she earns $20 per hour, without benefits. Wife testified that as soon as her hours are cut back at Norfolk Southern she will seek another full-time job. She has no retirement 2 In 2006, she and her husband had a combined annual income of $216,591. -3- 92-0135 CIVIL TERM benefits or health insurance, the latter of which she testified she cannot afford. She is generally in good health but does have stress syndrome that prevents her from working in a job where there is significant stress. She left a job a few years ago because of that condition. Currently, wife's projected social security benefit at age 65 will be approximately $700 a month.' The Divorce Code at 23 Pa.C.S. Section 3701(e) provides: Modification and termination.-An order [of alimony] entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made.... (Emphasis added.) Husband's situation is unique. He chose to retire four years ago at age 56 which resulted in a decrease in his income. He is now only 60 years old and there is no evidence that had he continued for the federal government that he would not at least be making the $90,000 a year he was making when he retired. After his retirement, husband hit the jackpot for three years when he obtained another job making over $90,000 a year in addition to his retirement income which was in excess of $65,000 a year. Since January of this year, he has not found a position he wants so he has chosen not to work at all to offset his alimony obligation which is a tax deductible $4,200 a year. In contrast, wife, in order to make ends meet, has been working two jobs for a total of 49 hours a week. That has increased her income from the time the s Husband will not receive social security because he is receiving a federal retirement annuity. -4- 92-0135 CIVIL TERM last alimony order was entered in 1995; however, neither of these jobs provides medical or retirement benefits. Wife has not had the income to accumulate the type of savings that husband has. Furthermore, due to the temporary job she has at Norfolk Southern Railroad, her hours will be dramatically decreased in November. That will require her to seek other employment which may or may not provide her the $20 per hour she is now making. Overall, we are satisfied that wife has a continuing need for alimony which husband has the ability to pay and there has not been an involuntary change of circumstances of either party of a substantial and continuing nature that warrants termination of the order of $350 per month. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this day of October, 2007, the petition of Thomas R. Reidy, Sr., to terminate alimony, IS DENIED. Jacqueline Verney, Esquire For Margaret M. Reidy Diane Radcliff, Esquire For Thomas R. Reidy, Sr. sal -5- 92-135 CIVIL ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 05/16/08 Case N u m ber (See Addendum for case summary) O Original Order/Notice Q Amended Order/Notice Q Terminate Order/Notice Employer/Withholder's Federal EIN Number TARGET SYSTEMS INC 700 BENT CREEK BLVD MECHANICSBURG PA 17050-1875 RE: REIDY, THOMAS R. SR Employee/Obligor's Name (Last, First, MI) 211-36-1672 Employee/Obligor's Social Security Number 0602000026 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 350. oo per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? ®yes Q no $ 0.00 per month in current and past-due medical support $ o . oo per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 350.00 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: $ 80.77per weekly pay period. $ 161.54per biweekly pay period (every two weeks). $ 175.00 per semimonthly pay period (twice a month). $ 350.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. 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 NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY T OURT: Date of Order: MAY 19 2008 4511? ` CA EDGAR B. BAYLEY, ADM DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT 3500 x ry i 12` A _. ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If Lhecked you are required to provide a copy of this form to your em loyee. If your employee works in a state that is different from the state that issued this order, a copy must be providedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2516383770 EMPLOYEE'S/OBLIGOR'S NAME: REIDY, THOMAS R. SR EMPLOYEE'S CASE IDENTIFIER: 0602000026 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §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; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact _ WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker I D $ IATT r ADDENDUM Summary of Cases on Attachment Defendant/Obligor: REIDY, THOMAS R. SR PACSES Case Number 006000022 PACSES Case Number Plaintiff Name Plaintiff Name MARGARET M. MC MILLAN Docket Attachment Amount Docket Attachment Amount 135 C 92 $ 350.00 $ 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 PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 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 PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 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. Addendum Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT t.? ? :? T°, _ s? .--? - -??. = - ?. ? ?? ? ` ;-, .?_ , ?? , ? .. . ,; ,, _` ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 92-135 CIVIL State Commonwealth of Pennsylvania CO./City/Dist. of CUMBERLAND Date of Order/Notice 10/30/09 Case Number (See Addendum for case summary) E mployer/With holder's Federal EIN Number TARGET SYSTEMS INC 700 BENT CREEK BLVD MECHANICSBURG PA 17050-1875 OOriginal Order/Notice OAmended Order/Notice xOTerminate Order/Notice OOne-Time Lump Sum/Notice RE:REIDY, THOMAS R. SR Employee/Obligor's Name (Last, First, MI) 211-36-1672 Employee/Obligor's Social Security Number 0602000026 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ per month in current child support per month in past-due child support per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment Arrears 12 weeks or greater? O yes ® no for a total of $ 0 . o o 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: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 CSES MEMBER ID (shown AND THE PA IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENrE above as the Employee/Obligor's Case Identifier) OR SOCURIT ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 CA Form EN-028 Rev.5 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If hecked you are required to provide a copy of this form to your m loyee. If yo?1 r employee works in a state tha is diferent from the state that issued this order, a copy must be provic?edpto your employee even if the box is not chec?ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2516383770 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: REIDY, THOMAS R. SR EMPLOYEE'S CASE IDENTIFIER: 0602000026 DATE OF SEPARATION LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Service Type M Page 2of2 OMB No.: 0970.0154 Form EN-028 Rev.5 Worker ID $IATT ., y ADDENDUM Summary of Cases on Attachment Defendant/Obligor: REIDY, THOMAS R. SR PACSES Case Number 006000022 PACSES Case Number Plaintiff Name Plaintiff Name MARGARET M. MC MILLAN Docket Attachment Amount Docket Attachment Amount 135 C 92 $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB DOB Addendum Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT i I?k.Lr 2309 NOV -2 PM 2: 49 CUvj"7'? t- "XA ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 11/17/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number SOCIAL SECURITY ADMINISTRATION 200 S SPRING GARDEN ST CARLISLE PA 17013 211-36-1672 Employee/Obligor's Social Security Number 0602000026 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 00 0 per month in current child support $ . o.0-0 per month in past-due child support Arrears 12 weeks or greater? Qyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 350.00 per month in current spousal support $ o. oo per month in past-due spousal support $ o . 0o per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 350.00 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: $ 80.55 per weekly pay period. $ 175.00 per semimonthly pay period (twice a month) $ 161.10 per biweekly pay period (every two weeks) $ 350.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAbOkAND THE PACSES MEMBER ?D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL URITY RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. t° BY THE COURT: ta,? ) Y-9?? tdA-. Edgar. Bayley, Jude DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $OINC 92-135 CIVIL 0Original Order/Notice OAmended Order/Notice OTerminate Order/Notice (Done-Time Lump Sum/Notice RE:REIDY, THOMAS R. SR Employee/Obligor's Name (Last, First, MI) ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS El If heck you are required to provide a opy of this form to your m loyee. If yo r employee %rks in a state thatkis diferent from the state that issued this order, a copy must be provic?edpto your employee even if t e box is not chec ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 2197100277 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:REIDY, THOMAS R. SR EMPLOYEE'S CASE IDENTIFIER: 0602000026 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $OINC a . ADDENDUM Summary of Cases on Attachment Defendant/Obligor: REIDY, THOMAS R. SR PACSES Case Number 006000022 PACSES Case Number Plaintiff Name Plaintiff Name MARGARET M. MC MILLAN Docket Attachment Amount Docket Attachment Amount 135 C 92 $ 350.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker ID $OINC x l ? PM ?? 24 10164 w , 3v ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 92-135 CIVIL OOriginal Order/Notice State Commonwealth of Pennsylvania OAmended Order/Notice Co./City/Dist. Of CUMBERLAND Date of Order/Notice 11/19/09 X@Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: REIDY, THOMAS R. SR Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 211-36-1672 Employee/Obligor's Social Security Number SOCIAL SECURITY ADMINISTRATION 0602000026 200 S SPRING GARDEN ST Employee/Obligor's Case Identifier CARLISLE PA 17 013 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support $ o . oo per month in past-due spousal support $ o . oo per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ o. oo 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: $ 0. 00 per weekly pay period. $ 0. 00 per semimonthly pay period (twice a month) $ o . 00 per biweekly pay period (every two weeks) $ o . 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDA NA EA THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SO L SECURI NU R I ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL BY THE COURT: v CA [A_\ DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Ifkheckl you are required to provide asopy of this form to your employee. If yorr employee works in a state that is event Trom the state di that issued this or er, a copy must be provided to your emp oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the 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. 2197100277 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 13 EMPLOYEE'S/OBLIGOR'S NAME:REIDY, THOMAS R. SR EMPLOYEE'S CASE IDENTIFIER: 0602000026 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (bp; or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 CARLISLE PA 17013 by FAX at (717) 240-6248 or by internet www.childsupport -state. pa. us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.; 0970-0154 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: REIDY, THOMAS R. SR PACSES Case Number 006000022 PACSES Case Number Plaintiff Name Plaintiff Name MARGARET M. MC MILLAN Docket Attachment Amount Docket Attachment Amount 135 C 92 $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker ID $OINC ?lkti--w?>=FCC OF THE PAM T Pn- NnTARY 2009 HOV 23 AID I I : G 6 :j ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 92-135 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 11/19/09 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: REIDY, THOMAS R. SR EmployerNVithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 211-36-1672 Employee/Obligor's Social Security Number DEPARTMENT OF DEFENSE 0602000026 OPM COURT ORDER SECTION Employee/Obligor's Case Identifier PO BOX 17 (See Addendum for plaintiff names WASHINGTON DC 20044-0017 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ o . oo per month in past-due medical support $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ o . o o 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: $ 0.00 per weekly pay period. $ o. oo per semimonthly pay period (twice a month) $ o . 00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, H rrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFEND 'S NA IE THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SO I SECUR N ER ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: V, 1 G VA--- R n-1 ccs _Ti ,r7 icc Form EN-028 Rev.5 Service Type M OMB No.: 097M154 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If4heckefl you are required to provide asopy of this form to your ?mployee. If yotlr employee works in a state that is di the state that issued this or er, a copy must be provi edd to your employee even if the box is not checked event rrom 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%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4894100156 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME:REIDY, THOMAS R. SR EMPLOYEE'S CASE IDENTIFIER: 0602000026 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $OINC k ,. ADDENDUM Summary of Cases on Attachment Defendant/Obligor: REIDY, THOMAS R. SR PACKS Case Number 006000022 PACSES Case Number Plaintiff Name Plaintiff Name MARGARET M. MC MILLAN Docket Attachment Amount Docket Attachment Amount 135 C 92 $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970.0154 DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker ID $OINC FUC2-OFFICE OF ?HE PROTHI-),NOTARY 2009 NOV 23 AM 11: 06 r'Ei 4i ZYLVAM4'..