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HomeMy WebLinkAbout01-0391 FXY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DEL-RUTH K. HAMMACHER, *''? Plaintiff VERSUS ARCHIE F. HAMMACHER, Defendant N 0.01-391 DECREE IN DIVORCE AND NOW, /7Gtw..?ic? ZQr , 2001 , IT IS ORDERED AND DECREED THAT DEL-RUTH HAMMACHER PLAINTIFF, ARCHIE F. HAMMACHER AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved between the parties pursuant to an Agreement of record reached on November 8, 2001 and incorporated, but not merged into the Decree. BY THE COURT: ATTES : J. PROTHONOTARY 14 " 09 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ok - ??I CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT a10 YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, . Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/- 3 9t C; ` p-- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Del-Ruth K. Hammacher, an adult individual residing at 175 Meadowbrook Court, New Cumberland, York County, Pennsylvania 17070. 2. Defendant is Archie F. Hammacher, an adult individual residing at 1800 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on July 2, 1976 in Perry County, Pennsylvania. 5. There are two (2) children born of this marriage: Brandi L. Hammacher, born June 25, 1983; and Lynnie Hammacher, born May 8, 1986. 6. The parties separated on January 8, 2001. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. 2 INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiff's Complaint are incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured parry, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintifr s Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance 3 with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. 4 WHEREFORE, Plaintiff, Del-Ruth K. Hammacher, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just Dated: l -, `O " , 2001 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELIN I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: Y\(ltX_) DEL- UTH K. HAM CHER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ARCHIE F. HAMMACHER, : CIVIL ACTION -LAW Defendant : IN DIVORCE VERIFICATION I, DEL-RUTH K. HAMMACHER, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 2001 iX) Y1u}h,&Qmmuy.)x DEL-RUTH K. HAMMACHER Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-391 ARCHIE F. HAMMACHER, CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Divorce Complaint in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7099 3220 0007 0903 6795, Return Receipt Requested, on the above-named Defendant, Archie F. Hammacher, on January 25, 2001, at Defendant's last known address: 1800 Sheepford Road, Mechanicsburg, PA 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn fall ification to authorities. Dated: January 29, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff a E r MECWMICBBUR S PA 17055 M Postage $ 50.55 O ' O" O Certified Fee C3 Return Re-10 Fas (Endorsement Required) • e dZ tVe i ' C3 (Entlra qu R F ru Total Postage & Fees .$ $7.15 R1 ru Mr We leas Print Clearly MOM cor :. ?rMe F. ?amfnac Cr Stme4 APL No.; or PO-Box No. B- 1800_Sheepford_Road 4 if 64ery Is desired. R Fift your nim and iddress on the reverse as 11at we can return the card to you. Bch this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: Mr. Archie F. Hammacher 1-8530 Sheepford Road EAchanicsburg, pA 17055 N C. Signature from item 1? ? Yes m below: ? No er 3. Servic _ e ail ? F?cpress Mail `pR g ? Return Receipt for Merchandise ? InsurB' ? C.O.D. 2. Article Number (Copy from service label) ?) /? (? C .. 1 1. el ?` (( iliI as?gPl!}gfnmm??rPn,e'M. awys '? e.° EXHIBIT "A" ,,: DEL-RUTH K. HAMMACHER, Plaintiff Vs. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 391 CIVIL IN DIVORCE THE MASTER: Today is Thursday, November 8, 2001. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Del-Ruth K. Hammacher, and her counsel Barbara Sumple-Sullivan, and the Defendant, Archie F. Hammacher, and his counsel Nora F. Blair. This action was commenced by the filing of a divorce complaint on January 18, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The parties are going to sign today affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be filed with the Prothonotary by the Master's office. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. The parties were married on July 2, 1976, and physically separated January 9, 2001, when wife left the marital residence. The parties are the natural parents of two children, Brandi, born June 25, 1983, and Jessica Lynn, born May 8, 1986. Brandi is emancipated. Jessica Lynn is a minor living with mother. The Master has been advised that after negotiations this morning, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and sent to counsel and the parties for review for typographical errors, corrections will be made at that time if necessary, and then the parties will be requested to sign the agreement affirming the terms of settlement as placed on the record at this time. Nevertheless, when the parties leave the hearing room today, they are bound by the terms of the agreement as stated on the record even though there are no subsequent signatures affixed to the agreement affirming the terms of settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment. Counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. The Master has been advised that the parties are going to specifically provide in the agreement when the praecipe to transmit can be filed and sent to the judge for a final decree. Ms. Sumple-Sullivan. MS. SUMPLE-SULLIVAN: 1. During the marriage the parties accumulated various marital assets. The first of these is certain real estate located at 1800 Sheepford Road, Mechanicsburg, Pennsylvania. The parties agree that that property shall become the sole and separate property of husband. Husband is in the process of refinancing that real estate and as part of that refinancing, wife will execute a deed transferring all her right, title, and interest in that real estate to husband. Husband shall, from the proceeds of that refinancing, satisfy the outstanding home equity mortgage and loan. Wife will agree to immediately execute a deed for transfer of her interest in the real estate which will be held by counsel for wife until the actual date of refinance. Husband agrees to pay to wife the sum of $24,000.00 from the proceeds of that refinance and to satisfy all jointly titled obligations for the mortgage or home equity from the proceeds of that refinance. 2. During the marriage the parties had accumulated a 1992 Escort four-door sedan. That vehicle has, subsequent to separation, been sold. Wife shall retain any proceeds relative to that vehicle. Wife has, subsequent to the date of separation, acquired a new vehicle and that vehicle is a 1996 Ford Mustang. That vehicle shall also be the sole and separate property of wife as a post-marital asset and she will be solely responsible for the loan encumbered on that vehicle. Post-separation husband purchased a 1984 Cadillac which shall be his sole and separate property. There is no loan on that vehicle. 3. At the time of separation, in regards to accounts, the parties had certain savings and checking accounts. The proceeds of those accounts shall be the sole and separate property of husband. 4. Husband had a profit sharing plan through his company Aronson Associates. Husband agrees to transfer to wife the sum of $35,000.00 from that account. The balance of the proceeds of that account shall be the sole and separate property of husband. Counsel for husbe:zd agrees tocddetermine the procedure for transfer and to prepare the necessary paperwork to effectuate the transfer to wife. Transfer of wife's proceeds shall occur within thirty (30) days of the date of this agreement. Wife will provide counsel for husband with the identity of an account by which to transfer her share of that money. 5. Husband also has an IRA through First Union Bank, account No. 0169442562 with the approximate balance of $7,500.00. Husband agrees to roll over the entire value of that account to wife and counsel for husband agrees to provide the necessary documents to make that transfer to wife in a tax free manner. 6. Husband additionally has an investment annuity with United Investors Life Annuity. Said account has an approximate balance of $24,714.00 as of the current date. Said policy No. is P06573. The entire balance of that annuity shall be transferred to wife. Counsel for husband agrees to secure the necessary documents to effectuate the tax free transfer of said account to wife. All transfers of the IRA, wife's share of the profit sharing, and the United Investors Life Annuity shall occur within thirty (30) days of the date of this agreement. Counsel for wife will provide to counsel for husband the account to which certain of those will be transferred. 7. The parties had only a single credit card in the approximate amount of $420.00. Wife shall be responsible for that credit card and agrees to indemnify and hold husband harmless for that marital liability. 8. The parties have previously divided the personalty and household items and agree that any items in their possession shall be their sole and separate property and waive any claims for any additional value. 9. Additionally husband agrees to transfer to wife within ten (10) days of the date this agreement her one-half of the $600.00 tax refund received since the date of separation. 10. Husband agrees to pay to wife the sum of $195.00 per month as alimony. Said sum shall be fixed for a three year duration and shall only terminate on the occurrence of death of either party. Said sum shall not be modifiable. The alimony term shall begin on the date of divorce. It is specifically noted that the parties agree that the divorce shall be effectuated on or about the end of December 2001. 11. Husband agrees to pay to wife the sum of $2:000.00 in counsel fees. Husband agrees that that sum shall be paid out of the proceeds of his refinance to occur on or about December 10, 2001. This $2,000.00 shall be in addition to the cash proceeds to wife of $24,000.00 from the refinancing. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. SUMPLE-SULLIVAN: Del, you've been in the hearing room today as I dictated the terms of the agreement on the record; is that correct? MS. HAMMACHER: Yes. MS. SUMPLE-SULLIVAN: Did you understand the terms as I dictated them? MS. HAMMACHER: Yes. MS. SUMPLE-SULLIVAN: Are you in agreement with resolution of all your divorce matters in accordance with the terms as I dictated them? MS. HAMMACHER: Yes. MS. SUMPLE-SULLIVAN: into this agreement voluntarily? MS. HAMMACHER: Yes. And are you entering MS. SUMPLE-SULLIVAN: And did you have an opportunity to review the documentation and numbers supporting that agreement? MS. HAMMACHER: Yes. MS. SUMPLE-SULLIVAN: And you accept that agreement? MS. HAMMACHER: Yes. MS. BLAIR: Archie, you listened to the terms of the agreement as read in by attorney Sumple-Sullivan? MR. HAMMACHER: Yes. MS. BLAIR: And did you understand all of those terms? MR. HAMMACHER: Yes. MS. BLAIR: And are those terms the terms which you have agreed to? MR. HAMMACHER: Yes. MS. BLAIR: You are comfortable with all of the terms? MR. HAMMACHER: Yes. MS. BLAIR: You are comfortable that we have reviewed all of the assets and that this is an equitable distribution of those assets? MR. HAMMACHER: Yes. MS. BLAIR regarding any of this? Do you have any questions MR. HAMMACHER: No. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. DATE: i4zl?'? 4 Barbara Sumple-Sullivan Del-Ruth K. Hammacher Atto y for P tiff z ?-- o/ o a F. Blair Attorney for Defendant Archie Hammacher n o ' T7 C^ ? J.- p r r N r f_LLI ' s < T ` mac, c Y W Fyn -C 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-391 ARCHIE F. HAMMACHER, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on January 25, 2001. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff: December 19, 2001; by Defendant: December 13, 2001. 4. Related claims pending: All matters have been resolved between the parties pursuant to an Agreement of record reached on November 8, 2001 and incorporated, but not merged into the Decree. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorc s filed with Prothonotary: December 27, 2001. Date Defendant's Waiver of Notice in 3 (c) Divorce was filed with Prothonotary: December 27, 2001. Dated: December 27, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Y Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant L 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: December 27, 2001 Nora F. Blair, Esquire P.O. Box 6216 Harrisburg, Pa 17112-0216 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff p rll ?Ti E T N t -G G ?C7 ?0 y qty} 1y Tf i?l A L a rn J DEL,RUTfi K HAMMACHER, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ARCHIE F. HAMMACHER, Defendant : NO. 01-391 Civil Term : CIVIL ACTION - DIVORCE AYMAVU OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATED: / a/iM, DEL-'RUTH K. HAMMACHER Plaintiff ? c, ? 'ate ,; ? _, ? ?? ? -; -; ? C. ?. ?i? e? `? DEL-RUTH K HAMMACHER, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ARCIM F. HAMMACIMR Defendant NO. 01-391 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: i;1'119161 DEL-RUTH K IIAMMACHER Plaintiff { . . c -? er ° -- -p mm n r- 2 iC; i? Z UTi DEL-RUTH K HAMMACHER, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ARCH M F. HAMMACHER, Defendant NO. 01-391 Civil Term CIVII, ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATED: f ,- --/3 0 / CL ARCHIE CHER Defend 4t c? cj o z= C-) a ? ca n . .. DEI -RUTH K HAMMACHER, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUN'T'Y, PENNSYLVANIA V. ARCHIE F. HAMMACHER, Defendant NO. 01-391 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF LION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. $4904 relating to unsworn falsification to authorities. DATED: / )---/2 - 0 ARCHIE MMACHER Defen t C 9 "O CG i'c'1 fly f"k'1 [°y . -k .- ?S' ,T Zr ill ??m C F1' W fD n' i DEL-RUTH K.HAMMACHER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 01-391 CIVIL 19 ARCHIE F. HAMMACHER IN DIVORCE Defendant STATUS SHEET "? l1D,n DEL-RUTH K. HAMMACHER, Plaintiff VS. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 391 CIVIL IN DIVORCE TO: Barbara Sumple-Sullivan Nora F. Blair , Attorney for Plaintiff , Attorney for Defendant DATE: Friday, June 1, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. i i' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. R Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant JUL 0 6 2001 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 CIVIL ACTION - LAW IN DIVORCE PONTIFF'S PRE.-TRIAL STATF.MFNT PURS ANT TO Pa R C P 1920 3i 1. a. PLAINTIFF'S BACKGROUND 175 Meadowbrook Court New Cumberland, PA 17070 DOB: November 18, 1956 Occupation: Receiving Clerk Education: High School Health: Good b. DEFENDANT'S BACKGROUND 1800 Sheepford Road Mechanicsburg, PA 17055 DOB: September 25, 1957 Occupation: Oil Burner Technician Education: High School Health: Good C. Date of marriage: July 2, 1976 Date of separation: January 8, 2001 Last marital residence: 1800 Sheepford Road, Mechanicsburg, PA 17055 d. Place of marriage: Steelton, PA T d. Children: There are two children of this marriage: Brandi L. Hammacher, born June 25, 1983 and Lynnie Hammacher, born May 8, 1986. Both reside with Wife. f. Grounds for divorce: Indignities and irreconcilable differences. g. Issues for determination: Equitable Distribution, Alimony, Counsel Fees, Costs and Expenses. 11. PERTINENT PROCEDURAL HISTORY 1/19/01 Wife commenced divorce action. 2/13/01 Husband filed his Answer to Wife's Compliant in Divorce. 5/25/01 Wife filed her Motion to Appoint the Master for the claims of divorce, equitable distribution, alimony, counsel fees, costs and expenses. III. INVENTORY The summary of the marital estate is attached as Exhibit "A". IV. WITNESSES a. Plaintiff b. Witnesses will be presented regarding the parties' separation and the indignities during the marriage, if contested. C. Defendant, as on cross Wife reserves the right to identify additional witnesses upon receipt of Husband's witness list and Pre-Trial Statement. V. EXHIBITS Attached as Exhibit "B" are the following exhibits: A. Wife requests that the marital residence be sold. A copy of the settlement sheet for same will be provided prior to trial. B. Wife requests that Husband provide a current statement of the IRA prior to trial. C. Aronson Associates Profit Sharing Plan Statement dated 9/3/0/00. Wife requests date of separation and current statements be provided prior to trial. D. United. Investors Life Annuity statement dated December 15, 1999. Wife requests date of separation and current statements be provided prior to trial. E. The 2000 Joint Tax return is attached. Husband is in possession of the parties' 1999 Joint Tax Return. Wife requests that he provide same prior to trial. F. Current pay stubs will be provided prior to trial. 2 I Wife reserves the right to identify additional exhibits upon receipt of Husband's exhibit list. VI. INCOME. INFORMATION See attached Income and Expense Statement marked as Exhibit "C" and attached income information. VII. EXPENSE INFORMATTO See attached Income and Expense Statement marked as Exhibit "C". VIII. PENSION VALUE See attached Exhibits and information identified above. IX. PERSONALTY It is believed that the personalty can be divided to the parties' mutual satisfaction. In the event that the parties are unable to do so, Wife reserves the right to have the personalty appraised. X. ISSUES The date of separation is in dispute. XI. PROPOSED F.CONOMW RE.SOL.UTION Since the parties have no liquid assets, Wife requests that the marital residence be sold and the proceeds distributed among the parties with Wife receiving 60% of the marital estate. Husband's pension benefits shall be divided via a Qualified Domestic Relations Order with Wife receiving 60% of same. Wife shall receive alimony as determined by this Court until she either remarries, cohabitates or dies. Wife shall also receive the sum of $5,000.00 for attorney fees, costs and expenses. Respectfully submitted, Dated: July 5, 2001 4, Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Supreme Court I.D. #32317 (717) 774-1445317 Attorney for Plaintiff 3 HAMMACHER V. HAMMACHER Real Estate - Camp Hill Fair Market Value 120,000.00 Estimated. To be sol d. Bal. of Mortgage (1 st Mortgage) (9,680.55) as of 7/5/01 Bal. of Mortgage (2nd Mortgage) (24,070.23) as of 7/5/01 Net Equity 86,249.22 Vehicles 1992 Escort 4D Sedan 50.00 Rcently blew head gasket. Wife had to buy a new vehicle. Accounts Savings Acct 10.00 Checking Acct 800.00 Retirement IRA 1,040.00 Need DOS & Current statement 1999 Tax Return shows $1040 in contributions Aronson Assoc. Profit Sharing Plan (H) 105,446.82 9130100 bal includes Profit Sharing, 401 k & Matching Need DOS & Current statement Date of Hire = 10/14/74 Date of Participation = 6/30/76 Misc. United Investors Life Annuity 28,048.40 bal as of 12/15/99 Need DOS & Current statement Personalty to be divided Total Marital Assets 221,644.44 Liabilities Credit cards 420.00 Total Marital Liabilities 420.00 Net Marital Estate 221,224.44 iartmentof the Treasury 5. Individual In, Revenue Service ARCHIE F. HAMMACHER DEL-RUTH X. HAMMACHER 1800 SHEEPFORD ROAD MECHANICSBURG, PA 17055 as rot write or staple In this apace OMB -No. 1545-0078 Your social' security number 169-44-2562 Spouse's social security no. 185-50-1686 A You must eMwvow SSN(st A or type. El I Yes No Note: Checking presidential Do you want $3 to go to this fund? .......................................... X chang-o""-, Yese your tax or Election Campaign If a joint return, does your spouse want $3 to o to this fund? ...................... X reduce your refund. 1 Single - Filing Status 2 X Marred filing pint return (even H only one had Income) 3 Marriedrrargseparatemlim. Enftr"p WSSN abovea ftArmurre here.? Check only one box. 4 Head of household (with qualifying person). (See Init.) If the qualifying person is a child but not your dependent, enter child's name here. ? 5 Qualifying widow(or) with dependent child (yr. spouse dded?19 ). (See instructions.) xbmptions 6a b X Yourself. If your parent (or someone else) can claim you as a dependent on his or her tax return, do not check box 6a.... ........... X Spouse ............................................................. No. of boxes Gl on checked ch and eb 2 No of your C Dependents: (1)First name If more than six dependents, see instructions. fast name - (2) Dependent's spew see number security ep e ant s retationshipro you s If uax q- who" on F ?r t eNved with ee m. you 2 BRANDI HAMMACHER 198-66-7966 DAUGHTER adid not live JESSICA HAMMACHER 198-66-9946 DAUGHTER with you due ro todh r ee p a o (sae frot) err D ndeMs ? on 6c not ~ad above ltd munber' A d Total number of exemptions claimed ............................................................. ....... red on tared Ilrwsbo" ? 4 Income Attach 7 Wag", safeties, tim etc. Attach Fmrr<s)W-2 7 3-9,287. Copy B of your $a Taxable Interest Attach Schedule B N required ................................... 8a 64. Forms W-2 and W-2G here. Also atta h For b 9 Tax-exempt interest DO NOT include on line 8a ........ 8b Ordinary dividends. Attach Schedule B H required ................................. 9 c m 10WR It tax 10 Taxable refunds, credits, or offsets of stale and local income taxes (see instructions) ...... 10 70. was withheld. 11 Alimony received .......................................................... 11 did n If t 12 Business Income or (loss). Attach Schedule C or C-E2 ......... ..................... 12 you o get a W-2, 13 Capital gain or (loss}. Attach Schedule D H required. If not required, check here ? .... 0 13 sea instructions 14 Other gain or (losses). Attach Form 4797 ........................................ 14 15a Total IRA distributions .. 15a b Taxable amount (see list.) 15b 16111 Total perelo"andamulN" 16a b Taxable amount (seeinst) 16b Enclose, but do 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E ... 17 not staple, any A 18 ............................... Farm income or (loss). Attach Schedule F ....... , 18 payment lso, please use 19 Unemployment compensation ................................................ 19 Form 1046-Y. 20a Social security benefits . LOa I + b Taxable amount (see inst) 20b 21 Other income. _ 21 22 Add the amounts in the far right column for lines 7 through 21. This is your total income ? 22 3 9 4 21 . 23 24 IRA deduction (see instructions) • • ................... Student ban interest deduction (see instructions) ........ 23 24 Y C1,040. ;?. Adjusted G?OSS 25 26 Medical savings account deduction. Attach Form 8853 .... Moving expenses. Attach Form 3903 .................. 25 26 Ir C..M@ 27 One-hail of self-employment tax. Attach Schedule SE .... 27 28 29 30 Self-employed heakh insurance deduction (see inst)..... Keogh and self-employed SEP and SIMPLE cans ....... Pena on ea withdrawal of savings ................ 28 29 30 31a Alimony paid b nadplant's SSN? 31a 32 Add lines 23 through 31 a .................................................... LJ 1_ 33 Subtract liras 32 from line 22. This is your adjusted gross Income .................. ? 33 L For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see Instructions. 442562 Preparers Edition CAA 9 104012 NTF 22599 Copyright 1999 Grealland/Neko LP - Forms Software Onty 0. (1999) v ? 17 ARONSON ASSOCIATES PROFIT SHARING PLAN STATEMENT OF ACCOUNT AS OF 0913012000 FOR ARCHIE F HAMMACHER Profit 401(k) Matching Sharing Employee Employer Account Account Account Total 10/01/1999 Account $ 76,903.61 12,615.30 3,004.17 $ 92,523.08 Contribution 0.00 1,572.90 393.23 1,966.13 Investment Results 9,015.04 1,567.48 352.17 10,934.69 Forfeitures 22.92 0.00 0.00 22.92 09/30/2000 Account $ 85,941.57 15,755.68 3,749.57 $ 105,446.82 Vesting Percent 100'/0 1000/0 1000/0 Vested Amount $ 85,941.57 15,755.68 3,749.57 $ 105,446.82 Every effort has been made to insure the accuracy of the information contained in this Statement of Account; however, in the event of a discrepancy, actual benefits will be determined according to the Plan provisions. UNITED INVESTOR?E *va on Variable Products Division sm _ 2001 Third Avenue South P.O. Box 156 Birmingham, Alabama 35201-0156 THIS REPORT IS A SUMMARY FOR THE POLICY YEAR TO DATE. Advantage II Report _ 09/15/99 Through 12/15/99 ARCHIE F HAMMACHER 1800 SHEEPFORD RD For Information Concerning Your MECHANICSBURG PA 17055 Policy Please Contact: Statement Date: 12/15/99 Policy: P025573 Annuitant: ARCHIE F HAMMACHER Policy Year to Date A. B. 7 C. D. E. F. WILLIAM C GRAHAM 617 SYLVAN PLACE HARRISBURG PA 17109 088/47 11910 Policy Value, End-Of Previous Policy Year Plus: Purchase Payments Less: Premium Tax On Payments Less: Withdrawals ** Plus: Investment Gain Or Loss Policy Value As Of 12/15/99 G. Less: Charges If Surrendered H. Net Surrender Value As Of 12/15/99 Division Growth Income Total Current Balances Units 2,180.709 3,757.405 $25,738.76 0.00 0.00 0.00 2,309.64 $28,046.40 212.31 $27,836.09 Value $15,105.39 $12,943.01 $28,048.40 ** Withdrawal amount includes withdrawal charges, if any, and any applicable federal taxes withheld. The policy value of this policy may increase or decrease depending or the investment experience of the investment divisions selected. F .. 0 I.. Label (See L instructions on page 19.) 8 UsethelRS E label L Otherwise, N please print ortype. E R 1 - Internal Revenue Service Income Tax Retc Do notwrite arstaple in this Presidential Election Gmpalgn Note. Checking "Yes' will not change your tax or reduce your refund. Do vou. or Your spouse if filina a Joint return. want $3 to ao to this fund? ...... ? Flu St t 1 Single ng a us 2 X Married filing joint return (even if only one had income) 3 Married filing separate return. Enter spouse's 55N above, full name here. ? Check only 4 Head of household (with qualifying person). (See page 19.) lithe qualifying person isa child butnotyour dependent, one box. enter this child's name hare. ? 5 Qual 'ng widow er with dependent child (year spouse died ? (See page 19.) Exemptions your parent (or someone else) can claim you as a dependent on his or her] N of boxae aha, asa.a on tax return, do not check box 6a ................... eaand 6b 2 b ................................... X Spouse No, of your c Dependents: (2) Dependent's (3) Depentleare (4) Check it qualifying lifteconfic whe: (1) First name Lastname social security number relationship to You hildt c arat hild saved with you 2 BRANDI If mare than six HAMMACHER 198-66-796 AUGHTER ? edid not In was dependent., JESSICA HAMMACHER 198-66-994 AUGHTM ® you due to divorce, o ?e n see page 20. El ? ? . ? Depenaents an eo rmt.rH.ed above El Add numbers, ......................... d Total number of Exemptions claimed. ... entered an somed 1, 4 Income 7 Wages, salaries, lips, etc. Attach Form(s) W-2 7 44,296 Attach Be Taxable Interest Attach Schedule B 9 required ..................... 8a 73 Forms W-2 and bTax-exempt IMeresL Do not include on line ea .... 8b •``„„S'; W-213 here. Also attach 9 Ordinary dividends. Attach Schedule B if required ................... 9 Form(s)1099-R 10 Taxable refunds, credits, or offsets of state and local Income taxes (see page 22) .... 10 60 H tax was withheld 11 Alimony received ................................... 11 . 12 Business income or Qoss). Attach Schedule C or C-EZ .............. 12 13 Capital gain or poss. Attach Schedule D'0 required. If not required, check here ? 1i 13 If you did not get a W-2 14 Other gains or (losses). Attach Form 4797 ....................... 14 , see page 21. 15a Total IRA distributions 15a b Taxable amount (see page 23) 15b 16a Total pensions &annuities 16a 6 642 bTaxable INTIOUnt(see page 23) 16b 624 Enclose, but do not attach, any 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . 17 payment Also, ...................... . 1s Farm Income or (loss). Attach Schedule F 16 please use Form 1040-V 19 Unemployment compensation ............ ............... 19 , 20a Social security benefits 120a I I b Taxable amount (seepage 25) lob 21 Other income. 21 22 Add the amounts in the far fight column for lines 7 through 21. This Is your total Income 1, 22 45,053 23 IRA deduction (see page 27) ............. 23 < Adjusted 24 Student loan interest deduction (see page 27) ..... 24 Gross 25 Medical savings account deduction. Attach Form 8853 25 • ? o Income 26 Moving expenses. Attach Form 3903 ........ 26 0 27 One-half of self-employment tax. Attach Schedule SE . 27 . t 28 Self-employed health Insurance deduction (see page 29) 28 a 29 Self-employed SEP, SIMPLE, and qualified plans ... 29 ,x. 30 Penalty on early withdrawal of savings ........ 31a Alimony paid b Recipients SSN 30 31a ? °' yC O'p4J,?ORv 32 Add lines 23 through 31 a ............................... 32 33 Subtract line 32 from line 22. This is your adjusted gross income . 11, 33 4 5 053 For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see page 56. EEA Form 1040 (2000) For the vear Jan. 1-Den 31. 2000. or other tavvearheninninn 2nnn.endi- your first name and Initial ARCHIE F Lastname HAMMACHER Yo.aootalaarurrymrmb._ _- 169-44-2562 If aloint return, spouse's first name and initial DEL-RUTH K Lastname HAMMACHER Spoues'smdalsocue ymuber 185-50-1686 Hameaddress 1800 SHEEPFORD ROAD ?t.na ? Important! You must enter City, town or past office, state, and ZIP code. If you have a foreign address, see page ta. your SSN(s) above. MECHANICSBURG PA 17055 2 Tax and 34 Artloum from line 33 (adjusted gross Income) .............. .... 34 45,053 Credits 35a Check iF.?you were 65 or older Blind; ?Spouse was 65 or older,[] Blind. Add the number of boxes checked above and enter the total here:...... ?3Ga b If you are married filing separately and your spouse fiemlzw deductions, or Standard you were a dual-status alien, see page 31 and check hare ........... IoWb El Deduction for Most 36 Enter your hemlzed deductions from Schedule A, line 28, or standard deduction people shown on the heft. But see page 31 to find your standard deduction 'lf you chocked any Single: box on line 35a or 35b or If someone can claim you as a dependent ........... 36 7,250 $4,400 37 Subtract line 36 from line 34 ............................... 37 37,703 Head of 38 If line 34 is $96,700 or less, multiply $2,800 by the total number of exemptions claimed on household: $8,450 line 6d. If line 34 is over $96,700, see the worksheet on page 32 for the amount to enter 36 11,200 Married filing 39 Taxable,income. Subtract line 38 from line 37. If line 38 is more than line 37, enter -0- 39 26,503 jjoou?yi or 40 Tax (see page 32). Check if any tax is from a Q Form(s) 8814 b 11 Form 4972 ... 40 - 3,979 widow(er): 41 Alternative minimum tax. Attach Forth 6251 ........................ 41 $7,350 42 Add lines 40 and 41 .................... ........ ? 42 3,979 Married 43 Foreign tax credit Attach Form 1116 If required ....... 43 filing 44 Credit for child & dependent care expenses. Attach Form 2441 44 separately: 6775 45 Credit for the elderly or the disabled. Attach Schedule R ... 45 46 Education credits. Attach Forth 8863 ............. 46 47 Child tax credit (see page 36) ................. 47 500 48 Adoption credit. Attach Forth 8839 ..... ...... 48 49 Other. Check 0 from a Form 3800 b 11 Forth 8396 m3?zcx' c ? Form Sip d Form (specify) 49 « 60 Add lines 43 through 49. These are your total credits ................... So 500 Si Subtract line 50 from line 42, if line 50 is more than line 42, enter -0- .......... ? 51 3,479 Other 52 Self-employment tax. Attach Schedule SE ....................... 52 Taxes 53 Social security and Medicare tax on tip Income not reported to employer. Attach Form 4137 53 54 Tax on IRAs, other re8rement plans, and MSA& Attach Form 5329 fi required ....... 54 55 Advance earned income credit payments from Form(s) W-2 ............... 55 56 Household employment taxes. Attach Schedule H .................... 56 57 Add lines 51 through 56. This is our total tax ..................... ? 57 3,479 Pa ments 68 Federal income tax withheld from Forms W-2 and 1099 ... 58 6 3 84 If you have a 59 2000 estimated tax payments and amount applied from 1999 return . 59 b qualifying We Famed Income credit (EIC) ................. 60a child, attach Schedule EIC. It Nontaxable earned income: amount ? I?J fi. and type ? ` VII.M: 61 Excess social security and RRTAtaxwithheld(seepage50). . . . . 61 62 Additional child tax credit. Attach Form 8812 ......... 62 63 Amount paid with request for extension to file (see age 50).. 63 64 Otherpayments. Checkiffrom a 11 Form 2439 b Form 4138. 64 65 Add lines 58, 59, Goa, and 61 through 64. These are our total payments ....... ? 65 6,384 Refund 66 If line 6S is more than line 57, subtract line 57from line 65. This is the amount you Overpaid . . . . .. 66 2,905 Have it 67a Amount of line 66 -u want refunded to ou- T-r_ ......... ... ? 67a 2,905 del srtedl ? b Routing number I I I I I I I I I ??c Type: I (Checking F1 Savings See 00-501 ? d Account number Amount 69 If line 57 is morethan line 65, subtract line 85from line 57. This is the amountyouowe. You Owe For details on how to pay, see page 51 ........................ ? .. 70 Estimated tax penalty. Also include on line 69......... 1 70 Sign Under penalties of perjury, l declarethat l have examined this return and accompanying schedules and statements, and to the bestof my knowledgeand Here belief, theyare true, correct, and complete. Declaration of preparer(other than taxpayer)IS based on all information of which preparer has any knowledge. Joint return? , Yoursignaturs Date Your occupation Daytime phone number See page 19. IL BURNER TECH Keep acopy 1 Spouse's signature. Ifjointretum, both mustsign. Date Spouse's occupation May the IRS discuss this for your return with the par9r, .u.-A. OMEMAKER shown belowa ea INN, Paid Prepare s signature Preparees Firm's name (or Use Only yours if self-employed) address, and ZIP code- EEA Check if I Preparer's SSN or PTIN self-employed 177-24-61 40-8844 Form 1040 (2000) ? n •yk 71 -x TI"T This intormation is being furnished to AS. h you are required to file a tax rate penalty/other sanction may be imposes on you If this Inoeme is taxable & you Copy C For EMPLOYEE'S'RECORDS '?100? D es No. See Notice to Em to ee. e a Control number 1 Wages, tips, other camp. 2 Federal income tax withheld 8499.72 378.84 54 35ocial security wages 4 Social security to -with held b Employer lD number 8499.72 526.98 5 Medicare wages and Sips a Metlicare tax withheld 23-2446961 8499.72 123.25 c Employer's name, address, and ZIP code BEN FRANKLIN CRAFTS 3174 4880 CARLISLE PIKE HAMPDEN CENTRE MECHANICSBURG PA 17055 d Employee's social security number 185-50-1686 e Employee's name, address, and ZIP Code '- "- DFL-RUTH K. HAMMACHER 1800 SHEEPFORD ROAD MECHANICSBURG, PA 17055 7 Social security tips B Allocated tips 9 Advance EIC payment 0.00 0 00 0,00 10 Dependent care benetlts 11 Nonqualilled plans 12 Benefits RC ded in box t 0.00 0.00 0.00 13 See instrs. for box 13 14 Other 15 Statutory employee Deceased Pension plan Legal rep. Oeterredcomp. P A100-0000000 8499,72 238.00 18 Stata Empir.'s state 1.0. # 17 State wages, tips, etc. 18 State income tax 19 Locality name 20 Local wages, tips, etc. 21 LoCai income tax W SHORE 8499.72 84.99 Form W2 W age and Tax Statement 0 SW24UP NTF27229 I Dept. of the Treasury--IgS 5249 39-1908047 an M? 6 N a Control number Copy B To Be Filed With Employee's - OMB No. 1545-0008 FEDERAL Tax Return b Employer identincztion number 1 Wages, tips, other compensation 2 Federal income tax withheld 23-1579442 IS79& QA AnnA 7A c Employer's name, address, and ZIP code 3 Social security wages 4 Social security tax withheld -Aronson Associates Inc 37390.41 2318.21 5 Medicare wages and tips 6 Medicare tax withheld P.O. Box 1677 37390.41 542.16 .. Harrisburg , PA .. 17105 7 Social security tips 8 Allocated tips 'd Employee's social security number 9 Advance EIC payment 10 Dependent care benefits 169-44-2562 e Employee's name, address, and ZIP code 11 Nonqualified plans 12 Benefits included in box 1 ..Archie.:F Hammacher 13 See insbs. for box 13 14 Other 1800 Sheepsford, Ra. 401K 1594_36 --Mechanicsburg ,.PA.:. 17055- 16 statutory Deceased Pension Legal Deferred empoyee _ plx rep wmpernatim X 16 Sore Employer's state I.D. no. 17 sate wages, ap% ac 18 Stale Incmme lax 19 Locality name 20 Lowl wages, tips; etc 21 Local Income tax en_.?_22-1225_..______ 7390_.41_, 1 046 82 Capita _3.985_9_,_0_7.. ._398...48..1_ DI 22-1225 . i r Department of the Treasury-Internal Revenue Service This information is being furnished to the Internal Revenue Service. ?Li Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 CIVIL ACTION - LAW IN DIVORCE I, Del-Ruth K. Hammacher, verify that the statements made in this income and expense statement are true and correct. I understand that false statements herein are made subject to the penalties if 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: July 5, 2001 ?L-940A , ^ t ?C (lfll? C I l?riJ Del-Ruth K. Hammacher INCOME: Employer: Address: Type of work: Payroll Number: Pay period (weekly, biweekly, etc.) Gross pay per pay period: Federal Filing Status Itemized Payroll Deductions: Federal Withholding: Social Security: Local Wage Tax: State Income Tax: Retirement: Savings Bonds: Credit Union Life Insurance: Health Insurance: Net pay per Month Interest Dividends Pension Annuity Social Security Rents Royalties Expense Acct. Gifts Unemployment Comp. Workmen's Comp. S Total Income: $--- Net/Month Home: Rent $_400.00 Maintenance $` Utilities: Electric $_ 80.04 Gas $ - Oil 1000 Telephone $ 40.00 Water/sewer/refuse _ Furniture $ Employment: Public transport Lunch Taxes: Real Estate` Personal. Property Personal Tax` Income $- - Insurance: Renters $ Automobile S-4&00 Life $ -30.02 Accident % Health $? Automobile: Payments $250.00 Registration $ 2.40 Fuel $ 65.00 Repairs & Maintenance $50.00 Medical: Doctor $_10.00 Dentist $ .00 Orthodontist $ 3 Hospital $- Medicine $ Special needs: Professional Counseling S Education: Private school Parochial school College Religious Personal: Clothing $ 85.00 Food $425.00 Barber/hairdresser $ 20.00 Credit payments: Credit card $__5.0.00 Loans: Credit Union Loan Co.. Miscellaneous: Household help $ Number of Children Child care $ Papers/books/magazines $20.00 Entertainment $_50.00 Pay television $ - Vacation $ 85.00 Gifts $?_ Legal fees Ongoing Charitable contributions $ - Total Expenses: 1848.00 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 CIVIL ACTION - LAW IN DIVORCE I, Barbara Sumple-Sullivan, Esquire, hereby certify that on this date, I served a true and correct copy of the Plaintiff's Pre-Trial Statement, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Nora Blair, Esquire P.O. Box 6216 Harrisburg, PA 17112-0216 DATED: July 5, 2001 Barbara Sumple-Sullival4, Esquire ' Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Fy DEL-RUTH K. HAMMACHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ARCHIE F. HAMMACHER, Defendant TO: Barbara Sumple-Sullivan Nora F. Blair NO. 01 - 391 CIVIL IN DIVORCE , Attorney for Plaintiff , Attorney for Defendant DATE: Friday, June 1, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Discovery is complete as to the claims for which the appointment of the Master is made. The only outstanding information which Defendant is presently obtaining is the January 2001 statement fr his 401k. A current statement for the 401k will be needed at the time of trial so as a determination can be made as to the increase in the marital portion of this asset. r (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. June 5, 2001 COUNSEL FOR PLAINTIFF OM) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. Barbara Sumple-Sullivan, Esquire r 5 DEL-RUTH K. HAMMACHER, Plaintiff VS. ARCHIE F. HAMMACHER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 391 CIVIL Defendant IN DIVORCE TO: Barbara Sumple-Sullivan Attorney for Plaintiff Nora F. Blair Attorney for Defendant DATE: Friday, June 1, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. y. i ' (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ly Z) t Zwwn?- .. DATE C SEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT (?) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. DEL-RUTH K HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 Civil Term CIVIL ACTION - DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Defendant in the above-captioned case. DATED: Z, - q, D t Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717)541-1428 Respectfully submitted, 9'0 e., lj} S7 DEL-RUTH K HAMMACHER, :IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ARCHIE F. HAMMACHER, Defendant NO. 01-391 Civil Term CIVIL ACTION - DIVORCE ANSWER TO DIVORCE COMPLAINT And now comes Archie F. Hammacher and by and through his attorney, Nora F. Blair, Esquire files this Answer to Divorce Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. It is admitted that the parties were married on July 2, 1976. It is specifically denied that the parties were married in Perry County, Pennsylvania. To the contrary, the parties were married in Steelton, Dauphin County, Pennsylvania. 5. Admitted with correction. The correct name of the parties' second daughter is Jessica Lynn Hammacher. 6. Denied. It is specifically denied that the parties separated on January 8, 2001. To the contrary, Plaintiff moved out of the marital residence on January 22, 2001, but the parties have lived separate and apart in the same house since on or about October, 1997. On or about October, 1997, the parties began sleeping in separate bedrooms and the parties have lived separate lives since that time. 7. Admitted. 8. Admitted. 9. No response required. COUNTI DIVORCE - NO FAULT 10. Defendant's responses to paragraphs 1 through 9 are incorporated herein by reference as though set forth in full. 11. Admitted. WHEREFORE, Defendant respectfully requests that Your Honorable Court enter a Decree in Divorce in accordance with section 3301(c) or 3301(d) of the Divorce Code. INDIGNITIES 12. Defendant's responses to paragraphs 1 through 11 are incorporated herein by reference as though set forth in full. 13. Denied. It is specifically denied that Plaintiff is the innocent and injured spouse. Further it is specifically denied that Defendant has offered such indignities to the person of Plaintiff and has been cruel to Plaintiff so as to make Plaintiffs life burdensome and her condition intolerable. To the I contrary, both parties have participated in the disagreements between the parties and both parties have yelled at each other particularly since the parties' separation in October, 1997. WHEREFORE, Defendant respectfully requests that Your Honorable Court deny Plaintiffs request for a divorce under indignities grounds. COUNT II EQUITABLE DISTRIBUTION 14. Defendant's responses to paragraphs 1 through 13 are incorporated herein by reference as though set forth in full. 15. No response to Plaintiffs request is required. By way of response, Defendant requests that the marital property of the parties be equitably divided. WHEREFORE, Defendant respectfully requests that Your Honorable Court enter an Order equitably distributing the marital property pursuant to Section 3502 of the Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. Defendant's responses to paragraphs 1 through 15 are incorporated herein by reference as though set forth in full. 17. Denied. It is specifically denied that Plaintiff is in need of support to sustain herself with the standard of living established during the marriage. To the contrary, Plaintiff is employed and has sufficient income to sustain herself. WHEREFORE, Defendant respectfully requests that Your Honorable Court deny Defendant's request for Support, Alimony Pendente Lite and Alimony. COUNT N ATTORNEY'S FEES AND COSTS 18. Defendant's responses to paragraphs 1 through 17 are incorporated herein by reference as though set forth in full. 19. Denied. It is specifically denied that Plaintiff is unable to sustain herself during the course of this litigation. To the contrary, Plaintiff is employed, has very few expenses and has sufficient income to pay her living expenses and pay reasonable attorneys fees and costs. WHEREFORE, Defendant respectfully requests that Your Honorable Court deny Plaintiffs request for attorney's fees and costs. submitted, DATED: *2 - 5.0 ) F. Blair v Mme Court ID #45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DEL-RUTH K HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 Civil Term CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the Answer to Divorce Complaint on the person in the manner stated below which service satisfies the requirement of Pa.R.C.P. No. 440. SERVICE BY FIRST CLASS MAIL TO: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Date: February 13, 2001 x?. - 'rr?.u,?=a?im:?rvm?, •?-? °5ewa?wvum?+;? ., _nvm .:,r?araa?w? - -- - ?s.,:x?:.?-?aa??ra-?sea-"° ? C z, fT ? irt ? ? Z , C5 CY} C ? ?r I AD zo ?C Ity Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 CIVIL ACTION - LAW IN DIVORCE ORDER , ?&,B AND NOW, M Q? ? 2001, 9)tj squire is appointed master with respect to the claims of Equitable Distribution, Alimony, Counsel Fees, Costs and Expenses. BY THE COURT: 3-31-01 P? VI`'S'r;l? 1fv'?d f I nt? Ifs '1. yYl Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER (Pursuant to R.C.P. 1920.74) Del-Ruth K. Hammacher, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony () Alimony Pendente Lite ( ) Review of and in support of the Motion states: (X) Distribution of Property (X) Counsel Fees (X) Costs and Expenses () Support 1. Discovery is complete as to the claims for which the appointment of a Master is requested. The only outstanding information which Defendant is presently obtaining is the January 2001 statement for his 401K. A current statement for the 401K will be needed at the time of trial so as a determination can be made as to the increase in the marital portion of this asset. 2. The Defendant has appeared in the action personally by his attorney, Nora Blair, Esquire. The statutory grounds for divorce are irreconcilable differences and indignities. 4. The action is contested with respect to the following claims: Equitable Distribution, Alimony, Counsel Fees, Costs and Expenses. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. Additional information, if any, relevant to the motion: A determination as to the parties' date of separation will have to be made. Respectfully Dated: May 24, 2001 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Supreme Court I.D. #32317 (717) 774-1445317 Attorney for Plaintiff 2 Barbara Sumple-Sullivan, Esquire Supreme Court 1132317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, hereby certify that on this date, I served a true and correct copy of the MOTION FOR APPOINTMENT OF MASTER, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: DATED: May 'Z 2001 Nora Blair, Esquire P.O. Box 6216 Harrisburg, PA 17112; ( Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 DEL-RUTH K HAMMACHER, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ARCHIE F. HAMMACHER, Defendant : NO. 01391 Civil Term : CIVIL ACTION - DIVORCE DEF'ENDANT'S PRETRIAL STATEMENT Archie F. Hammacher, Defendant, by and through her attorney, Nora F. Blair, Esquire, files the following Pretrial Statement: TABLE OF CONTENTS I. Background Information II. Marital Assets and Debts III. Witnesses IV. Exhibits V. Pensions VI. Income and Expenses VII. Issues VIII. Proposed Economic Resolution Dated: lb-k-61 Respectfully submitted, Nora F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1429 Fax (717) 541-1428 I. BACKGROUND INFORMATION A. PARTIES HUSBAND NAME Archie F. Hammacher ADDRESS 1800 Sheepford Road Mechanicsburg, PA 17055 AGE 44 DATE OF BIRTH 9-25-57 PLACE OF BIRTH PA SOCIAL SECURITY NUMBER 169-44-2562 HEALTH Fair - Defendant has Multiple Sclerosis which causes some problems now but with unknown future consequences EMPLOYER Service Oil OCCUPATION HVAC Installer LENGTH OF SERVICE 27 Years EDUCATIONAL BACKGROUND High School Diploma WIFE NAME Del-Ruth M Hammacher ADDRESS 175 Meadowbrook Court New Cumberland, PA 17070 AGE DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER HEALTH Good 1EMPLOYER Ben Franklin OCCUPATION Receiving Clerk LENGTH OF SERVICE EDUCATIONAL BACKGROUND High School Diploma B. CHILDREN NAME AGE DATE OF CUSTODIAN BIRTH Brandi L. 18 6-25-83 Emancipated Hammacher Jessica Lynn 15 5-8-86 Wife Hammacher C. MARRIAGE INFORMATION DATE OF MARRIAGE 7-2-76 PLACE OF MARRIAGE Dauphin County, Pennsylvania DATE OF SEPARATION 10-97 CIRCUMSTANCES OF Wife moved into the upper floor of SEPARATION the marital residence in October, 1997, where she continued to reside with several cats until she moved out of the marital residence on January 22, 2001. D. PRIOR MARRIAGE HUSBAND None WIFE None E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES HUSBAND None WIFE None F. - PROCEEDINGS INFORMATION DATE COMPLAINT FILED January 19, 2001 DATE OF SERVICE MANNER OF SERVICE Certified Mail ISSUES RAISED IN COMPLAINT Equitable Distribution, Alimony, Attorney Fees and Costs DATE OF ANSWERJCOUNTERCLAIM February 16, 2001 ISSUES RAISED IN COUNTERCLAIM None BIFURCATION None PREVIOUSLY RESOLVED ISSUES None II. MARITAL ASSETS AND DEBTS The following is a list of the marital assets and debts of the parties: rMM HUSBAND'S WIFE'S NO. DESCRIPTION VALUE VALUE C010fiENTS House at 1800 H ank did appraisal for eepford Road, financing that came in at Mechanicsburg 74,000.00 84,000.00 75,000.00 992 Ford Escort W 500.00 50.00 wings Account 10.00 hecking Account 800.00 usband's IRA 7,451.48 of 8-31-01 usband's Profit ccount fluctuates based on haring and 401(k) 73,290.50 105,446.82 narket performance. ccount of 10-1-97 of 9-30-00 eparation value must be cjjusted for market creases and decreases. usband's United ?kmount fluctuates based on Investors Life 22,996.09 28,048.40 knarket performance. No Annuity of 9-17-01 of 12-15-99 ents made to account ince separation. home equity ?lton H 12,793.39 9,680.55 usband's balance is as of an of 1-30-01 of 7-5-01 to Wife moved out. Fulton home equity H 24,612.94 24,070.23 Husband's balance is as of loan of 1-30-01 of 7-5-01 to Wife moved out. Credit cards W 420.00 usband is unaware of the t cards. Husband eves that these charges nay have occurred post eparation III WITNESSES A. Defendant B. Witnesses regarding parties' separation. C. Real estate appraiser if parties are unable to agree on a value. IV. EXHIIi_M A. Appraisal for real estate performed by William H. Everhart (copy previously provided to Wife's counsel) B. Statements for Husband's profit sharing and 401(k) accounts for 10-1- 96 to 9-30-01(10-1-96 to 9-30-00 attached). C. Statement for Husband's IRA account for 8-31-01(attached) D. Statement for Husband's United Investor's Life annuity for 9-17-01 (attached) V. PENSIONS Husband has several accounts as indicated on list of assets. Wife has indicated that she has no pension or other retirement accounts. VI. INCOME AND EXPENSES Defendant's Income and Expense Statement is attached. VII. ISSUES The only major issue to be resolved is the date of the parties' separation. VIII. PROPOSED ECONOMIC RESOLUTION Husband would like to maintain the marital residence as his sole and separate property. To that end, Husband has contacted his bank to obtain financing to pay Wife for her share of the marital residence. The appraisal has been done by the bank and Husband is prepared to move forward with obtaining the funds as soon as agreement is reached Based on the information provided to Husband by the bank, Husband is prepared to pay to Wife $22,000.00 for her share of the real estate. In addition, at the same time, Husband will pay to Wife's counsel $2,000.00 for Wife's attorney fees and costs. Husband is willing to pay alimony to Wife in the amount of $195.00 per month for three years. Husband's First Union IRA and United Investor's We annuity should be equally divided by a QDRO, if such is necessary. The equal division should be made on the date the division is made. Husband's profit sharing and 401(k) accounts should be divided equally as of the date of the parties' separation. The QDRO should allow for the change in value due to market fluctuations ind determining the value to be transferred to Wife. I`1 NAME. ARCHIE F HAMMAGHER SSN: 169-44-2562 >TATUS: ACTIVE 10101196 Investment 09/30/97 Vesting Vested Account Account Contribution Results Forfeitures Withdrawals Account Percent Amount 'rofit Sharing $ 52.928.44 0.00 10,761.60 22.98 0.00$ 63,713.02 100% $ 63.713.02 101(k) Employee 5,022.64 1,54228 1,171.99 0.00 0.00 7,736.91 1D0% 7,736.91 Matching Employer 1,209.15 385.57 245.85 0.00 0.00 1.840.57 100°A 1,840.57 Total $ 59,160.23 1,927.85 12,179.44 22.98 O.OOS 73,290.50 $ 7329050 BIRTH: W2537 HIRE: 10114174 PARTIC: OW076 Auk: 40 YTO HOURS: SERVICE: 24 OFFICER: NO 1,0D0 Contribution To Date 5,846.66 NAML: AHGHIE F HAMMAGHEH BIRTH: 09/2511957 AGE 41 YTD HOURS: 1,000 SSN: 159-44-2562 HIRE: 10114/1974 SERVICE: 25 STATL S: ACTIVE PARTIC: 06/3011976 OFFICER: NO w OWNER_ 0% YTDTOTAL PAY: $ 36.918.00 10101/1997 Investment 09/3011998 Vesting Vested Contribution Account Account Contribution Results Fcdeitunrs Withdrawals Account Percent Amount To Date At Sharing S ,713.02 0.00 6,020.65 55.88 0.00 $ 68,709.55 10096 $ 68,789.55 1(k)Employee 7,736.91 1,476.77 665.62 0.00 0.00 9,879.30 100% 9,879.30 7,323.43 itching Employer 1,940.57 369.19 145.04 0.00 0.00 2.35480 100% 2.354.80 lal $ 7290.50 1,845.96 5,831.31 55.88 0.00$ 8102365 S 81,023.65 NAME: ARCHIE F HAMMACHER BIRTH: 09/20957 AGE: 42 YTO HOURS: 1,609 SSN: 169-44-2562 HIRE: 1011411974 SERVICE: 26 STATUS: ACTIVE PARTIC: 06/30/1976 OFFICER: NO 1;;;?;;-, jyg invnstrnsnl 0913011999 fasting Vested Contribution, Account Account Contribution Results Forfeitures Withdrawals Account Percent Amount To Date 'rofil Sharing $ 68.789.55 0.00 8,106.85 721 0.00111 76.90381 100%$ 76,903.61 101(k) Employee 9,879.30 1,487.44 1,248.56 0.00 0.00 12,615.30 100% 12,615.30 8,810.87 NalchingEmployer 235480 371.86 277.51 0.00 _ 0.00 3.004.17 100% 3,004.17 total $ 81,02365 1859.30 9632.92 721 0.00$ 92,523.08 $ 92,523.08 NAME: ARCHIE F HAMMACHER BIRTH: 0925/1957 -AGE: 43 YTD HOURS: 1,000 SSN: 169-44-2562 HIRE: 1OM411974 SERVICE: 27 STATUS: ACTIVE PARTIC: 06130/1976 OFFICER: NO OWNER: O% YTOTOTALPAY: S 39,673,00 Account Account Contribution -- - Results Forfeitures WlthdraWeto -- ------ Account ?....a Percent -°- --°_._...... Amount TO Date Profit Sharing $ 76,903.61 0.00 9,015.04 - -.:22:92 --0 OOS -'85;941S7 100%S 85,94157 401(k) Employee 12,615.30 1,572.90 1,567.48 , - 0.00 15,755.68 100% - 15,755.68 10,363.77 Matching Employer 3,004.17 39323 352.17 OMAO - 0:00 --.3,749.57 100% 3,749.57 Total $ 92523.06 1,966.13 10.934.69 : _.:22.92- OrW& -105.446.82 $ 105.446.82 1 FN? Retirement Statement 8/01/2001 thru 8/31/2001 1 075 2 001 169442562 0169462562 21 III IIIIIIIII[AIIIIfill IIIIII[III IIfIII[IIIIIIIIIIIII ARCHIE F HAMMACHER 1800 SHEEPFORD ROAD MECHANICSBURG PA 17055-6738 @R For Customer Service Call: (800) 669-2136 Or write to: FIRST UNION NATIONAL BANK 401 SOUTH TRYON STREET CHARLOTTE, NC 28288-1164 Plan Overview -IRA Retirement Plan ID: 0169442562 Participant's date of birth: 09/25/1957 Taxpayer ID- 169-442562 Bank Tax ID, 561354525 Asset & Earnings Summary Market Market Percent n ?Eamings:pai?d Eamings paid" Type of asset - value 810712001 value 81311200,1 of assets _ 08 lieffod , -this year rime Deposits $_7,451.48 $ 7,4$1,48 100:00% $ 194.23 Brokerage Account Stocks Bonds Mutual Funds 'Earnings are shown to help track how your IRA is performing. You are not required to Tax Information: Contributions & Distributions Contributions 2001 Distributions For tax year 2000 $ 0.00 Amount (gross) For tax year 2001 $ 0.00 Federal tax withheld Rollover Deposits $ 0.00 Net amount Simplify your Finances with the CAP Account THE CAP ASSET MANAGEMENT ACCOUNT COMBINES YOUR INVESTING AND BANKING SERVICES INTO ONE RELATIONSHIP. CAP OFFERS DOZENS OF BENEFITS INCLUDING ENHANCED EARNING POTENTIAL ON YOUR CASH AND ADVICE FROM YOUR FINANCIAL ADVISOR. AND, YOU CAN USE YOUR SELF-DIRECTED IRA BALANCE TO MEET THE CAP MINIMUM BALANCE. TO FIND OUT MORE, CALL 1-888-213-1352. as taxable earnings on your tax return. $ 0.00 $ 0.00 $ 0.00 I* FIRST UNION NATIONAL BANK nano I n4 z UNITED, INVESTORS LIFE Variable Products Division 2001 Third Avenue South P.O. Box 156 Birmingham,. Alabama 35201-0156 Annual Report 09/11/00 Through 09/17/01 ARCHIE F HAMMACHER 1800 SHEEPFORD RD MECHANICSBURG PA' 17055 Statement Date: 09/17/01 • Make Check Payable to UNITED INVESTORS LIFE • Include your Policy Number on your check • Send Payment to: P.O. Box 156 Birmingham AL 35201-0156 POLICY: P026573 ADD TO MY POLICY Allocate Payment As Follows: Money Market % Bond % High Income % Growth % Income % International % Small Cap % Balanced % Ltd-Term Bond % Asset Strategy % Fixed Account s % Science and Tech % • Not Available in all states Policy: P026573 Values For Year Annuitant: ARCHIE F HANNACHER Ending 09/17/01 Representative: WILLIAM C GRAHAM, Reg/Division: 088/47, 11910 Policy and Surrender Values A. Policy Value, End-Of `Previous Year $33,374.68 B. Plus: Purchase' Payments ' 0.00 C. Less: Premium Tax On Payments 0.00 D. Less: Annual Deductions.* 90.23- E. Less: Administration.Expense ' 50.00- F. Less: Withdrawals ., 0.00 G. Plus: InvestmeI Gain Or Loss 10r238.36- H. Policy Value'AS"Of;09/17/01 y: $22,996.09 I. Less: Charges If ;Surrendered 0.00 J. Net Surrender Value $22,996.09 * This is an annual deduction for sales expense of .85% per year of each premium over the first ten policy anniversaries following the date the premium is received. ¦• Withdrawal amount includes withdrawal charges, if any, and any applicable federal taxes withheld. The policy value of this policy may increase or decrease depending on the investment experience of the investment divisions selected. If your Advantage II annuity policy is funding a tax qualified retirement plan and you are approaching your 70th birthday, you should contact your tax advisor regarding your minimum distribution requirement. U-28 Ed t-42 Confirmation statement Waddell & Reed confirms this sale as agent for the issuer Transaction Details Date Transaction .Division Amount 09/17/01 Annual Deductions Growth $47.55 Core.Equity $42.68 09/17/01 Administrative Expense Growth $26.35 Core Equity $23.65 Current Balances Units 8.475 14.580 4.697 8.079 Division Units Value Growth 2,158.418 $12,109.75 Core Equity 3,719.015 $10,886.34 DEL-RUTH K HAMMACHER, Plaintiff v. ARCHJE F. BAMMACHEB, Defendant IN THE COURT OF COMMON PLEAS, CLIM]BERIAND COUNTY, PENNSYLVANIA NO. 01-391 Civil Term CIVIL ACTION - DIVORCE INCOME AND EXPENSE STAT ME.NT OF ARC= F. HAM[AIACHER. SUBMITTED BY Archie F. Hammacher 1800 Sheepford Road Mechanicsburg, Pennsylvania, 17055 AGE: 44 HEALTH: Fair, Multiple Sclerosis EMPLOYER: Service Oil Company LENGTH OF SERVICE: 27 Years STATUS: Separated EDUCATION, TRAINING, AND SKILLS: High School Diploma Per Pay Weekly Monthly Yearly GRASS EARNED INCOME 1,500.00 39,000.00 DEDUCTIONS: Federal Income Tax 236.28 State Income Tax 42.00 F.I.C.A. 93.00 Medicare Tax 21.75 Local Tax 15.00 O.P.T. 10.00 Union Dues Medical/Hospital/DentalInsurance 46.15 Mandatory Pension Voluntary Retirement 60.00 Savings Bonds Other TOTAL DEDUCTIONS 514.18 13,368.68 NET EARNED INCOME 985.82 25,621.32 OTBER INCOME: Child Support Spousal Support/APL Interest Dividends Pension Other Retirement Annuity Per Pay Weekly Monthly Yearly Social Security Rental Income Royalties Expense Account Gifts Unemployment Compensation Workers Compensation Other TOTAL OTI]ER INCOME TOTAL NET INCOME I CURRENT EMPENM: HOME: Mortgage (Includes taxes and insurance) Mortgage (Does not include taxes and insurance) 845.03 Rent Maintenance 50.00 UTILITIES: Electric 77.00 Gas Oil 40.00 Telephone 30.00 Trash Collection 17.00 Water Per Pay Weekly Monthly Yearly Sewer Cable Television 30.00 EMPLOYMENT: Public Transportation Parking Lunch Education Supplies/Equipment Memberships TAXES: Real Estate (Not in mortgage) 14334 Income (Not set forth above) School Occupation 37.50 INSURANCE: Homeowners (Not in mortgage) 21.32 Automobile 35.67 Life Accident Health (Not deducted from pay) Disability AUTOMOBILE: Payment Fuel 40.00 Maintenance/Repairs 25.00 MEDICAL (After insurance payment): Doctor 10.00 I I Per Pay I Weekly I Monthly I Yearly Dentist Orthodontist Hospital I I I I d Prescription Medication Over the Counter Medication Special Needs EDUCATION: Private School Parochial School College Religious PERSONAL: Clothing I 1 1 40.001 Food 210.00 Barber/Hairdresser 10.00 CREDIT CARDS: I CHARGE ACCOUNTS: I I I I I LOANS: I I Per Pay Weekly Monthly Yearly MEMBERSHIPS: MISCELLANEOUS: Household Help Child Care Papers/Books/Magazines 17.20 Entertainment Vacation Gifts Legal Fees Charitable Contributions Child Support 430.00 Spousal Support/APL 195.00 Support Arrearage 25.00 OTHER: TOTAL CURRENT EXPENSES I 1 1 2,329.06 1 27,948. NET CASH AVAEL ABLE I 1 1 (2,327 DEL-RUTH K. HAMMACHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01 - 391 CIVIL ARCHIE F. HAMMACHER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this , l day of vLY?f? 2001, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on November 8, 2001, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Geo g rovw, P y. CC: Barbara Sumple-Sullivan Attorney for Plaintiff Nora F. Blair ?x_'17.Q I R g Attorney for Defendant 1;!' ' ?,.. I'Z, ll? r DEL-RUTH K. HAMMACHER, Plaintiff Vs. ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 391 CIVIL IN DIVORCE THE MASTER: Today is Thursday, November 8, 2001. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Del-Ruth K. Hammacher, and her counsel Barbara Sumple-Sullivan, and the Defendant, Archie F. Hammacher, and his counsel Nora F. Blair. This action was commenced by the filing of a divorce complaint on January 18, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The parties are going to sign today affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The affidavits and waivers will be filed with the Prothonotary by the Master's office. The complaint also raised economic claims of ,quitable distribution, alimony, alimony pendente lite and counsel fees and expenses. The parties were married on July 2, 1976, and physically separated January 9, 2001, when wife left the marital residence. The parties are the natural parents of two children, Brandi, born June 25, 1983, and Jessica Lynn, born May 8, 1986. Brandi is emancipated. Jessica Lynn is a minor living with mother. The master has been advised that after negotiations this morning, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The agreement will be transcribed and sent to counsel and the parties for review for typographical errors, corrections will be made at that time if necessary, and then the parties will be requested to sign the agreement affirming the terms of settlement as placed on the record at this time. Nevertheless, when the parties leave the hearing room today, they are bound by the terms of the agreement as stated on the record even though there are no subsequent signatures affixed to the agreement affirming the terms of settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment. Counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. The Master has been advised that the parties are going to specifically provide in the agreement when the praecipe to transmit can be filed and sent to the judge for a final decree. Ms. Sumple-Sullivan. MS. SUMPLE-SULLIVAN: 1. During the marriage the parties accumulated various marital assets. The first of these is certain real estate located at 1800 Sheepford Road, Mechanicsburg, Pennsylvania. The parties agree that that property shall become the sole and separate property of husband. Husband is in the process of refinancing that real estate and as part of that refinancing, wife will execute a deed transferring all her right, title, and interest in that real estate to husband. Husband shall, from the proceeds of that refinancing, satisfy the outstanding home equity mortgage and loan. Wife will agree to immediately execute a deed for transfer of her interest in the real estate which will be held by counsel for wife until the actual date of refinance. Husband agrees to pay to wife the sum of $24,000.00 from the proceeds of that refinance and to satisfy all jointly titled obligations for the mortgage or home equity from the proceeds of that refinance. 2. During the marriage the parties had accumulated a 1992 Escort four-door sedan. That vehicle has, subsequent to separation, been sold. Wife shall retain any proceeds relative to that vehicle. Wife has, subsequent to the date of separation, acquired a new vehicle and that vehicle is a 1996 Ford Mustang. That vehicle shall also be the sole and separate property of wife as a post-marital asset and she will be solely responsible for the loan encumbered on that vehicle. Post-separation husband purchased a 1984 Cadillac which shall be his sole and separate property. There is no loan on that vehicle. 3. At the time of separation, in regards to accounts, the parties had certain savings and checking accounts. The proceeds of those accounts shall be the.sole and separate property of husband. 4. Husband had a profit sharing plan through his company Aronson Associates. Husband agrees to transfer to wife the sum of $35,000.00 from that account. The balance of the proceeds of that account shall be the sole and separate property of husband. Counsel for husband agrees to determine the procedure for transfer and to prepare the necessary paperwork to effectuate the transfer to wife. Transfer of wife's proceeds shall occur within thirty (30) days of the date of this agreement. Wife will provide counsel for husband with the identity of an account by which to transfer her share of that money. 5. Husband also has an IRA through First Union Bank, account No. 0169442562 with the approximate balance of $7,500.00. Husband agrees to roll over the entire value of that account to wife and counsel for husband agrees to provide the necessary documents to make that transfer to wife in a tax free manner. 6. Husband additionally has an investment annuity with United Investors Life Annuity. Said account has an approximate balance of $24,714.00 as of the current date. Said policy No. is P06573. The entire balance of that annuity shall be transferred to wife. Counsel for husband agrees to secure the necessary documents to effectuate the tax free transfer of said account to wife. All transfers of the IRA, wife's share of the profit sharing, and the United Investors Life Annuity shall occur within thirty (30) days of the date of this agreement. Counsel for wife will provide to counsel for husband the account to which certain of those will be transferred. 7. The parties had only a single credit card in the approximate amount of $420.00. Wife shall be responsible for that credit card and agrees to indemnify and hold husband harmless for that marital liability. 8. The parties have previously divided the personalty and household items and agree that any items in their possession shall be their sole and separate property and waive any claims for any additional value. 9. Additionally husband agrees to transfer to wife within ten (10) days of the date this agreement her one-half of the $600.00 tax refund received since the date of separation. 10. Husband agrees to pay to wife the sum of $195.00 per month as alimony. Said sum shall be fixed for a three year duration and shall only terminate on the occurrence of death of either party. Said sum shall not be modifiable. The alimony term shall begin on the date of divorce. It is specifically noted that the parties agree that the divorce shall be effectuated on or about the end of December 2001. 11. Husband agrees to pay to wife the sum of $2,000.00 in counsel fees. Husband agrees that that sum shall be paid out of the proceeds of his refinance to occur on or about December 10, 2001. This $2,000.00 shall be in addition to the cash proceeds to wife of $24,000.00 from the refinancing. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. SUMPLE-SULLIVAN: Del, you've been in the hearing room today as I dictated the terms of the agreement on the record; is that correct? MS. HAMMACHER: Yes. MS. SUMPLE-SULLIVAN: Did you understand the terms as I dictated them? MS. HAMMACHER: Yes. MS. SUMPLE-SULLIVAN: Are you in agreement with resolution of all your divorce matters in accordance with the terms as I dictated them? MS. HAMMACHER: Yes. MS. SUMPLE-SULLIVAN: And are you entering into this agreement voluntarily? MS. HAMMACHER: Yes. MS. SUMPLE-SULLIVAN: And did you have an opportunity to review the documentation and numbers supporting that agreement? MS. HAMMACHER: Yes. MS. SUMPLE-SULLIVAN: And you accept that agreement? MS. HAMMACHER: Yes. MS. BLAIR: Archie, you listened to the terms of the agreement as read in by attorney Sumple-Sullivan? MR. HAMMACHER: Yes. MS. BLAIR: And did you understand all of those terms? MR. HAMMACHER: Yes. MS. BLAIR: And are those terms the terms which you have agreed to? MR. HAMMACHER: Yes. MS. BLAIR: You are comfortable with all of the terms? MR. HAMMACHER: Yes. MS. BLAIR: You are comfortable that we have reviewed all of the assets and that this is an equitable distribution of those assets? MR. HAMMACHER: Yes. MS. BLAIR Do you have any questions regarding any of this? MR. HAMMACHER: No. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. DATE: Barbara Sumple-Sullivan Atto v for P,1 ,r tiff Go" F. Blair Attorney for Defendant Del-Ruth K. Hammacher Archie Hammacher In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MELISSA A. CARDER ) Docket Number 01-390 CIVIL Plaintiff ) VS. ) PACSES Case Number 136103000/D30383 MICHAEL N. CARDER ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 18TH DAY OF OCTOBER, 2001 IT IS HEREBY ORDERED that the support order in this case be Q Vacated or Q Suspended or ® Terminated without prejudice or Q Terminated and Vacated, effective OCTOBER 5, 2001 , due to: THE PARTIES' PROPERTY SETTLEMENT AGREEMENT OF OCTOBER 5, 2001. BY THE COURT: DRO: RJ SbaddaY xc: plaintiff defendant Paula Burkett, Esquire Michael Scherer, Esquire Service Type M Edward E. Guido JUDGE Form OE-504 Worker ID 21005 Q O W c? mm --i h71 ' Co -- -G -- CIO t r? o w gis Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 7741445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant IN THE COMT OF COMMON PLEAS CUMBERLAND COUNTY,. PENNSYLVANIA NO. 01-391 CIVIL ACTION - LAW . IN DIVORCE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a.divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are truo.and correct. I understand that false statement herein are made subject to the penalties of 18.1?a.C.S. §4904 relating to unworn falsification to authorities. { 1 X10SYLf fl.Q?Jlt?lJ DATE: - - , 2001 aka, DEL-RUTH, K. HAMMACHER Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, Plaintiff V, ARCHIE F. HAMMACHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 CIVIL ACTION-FLAW IN DIVORCE I consent to the entry of a final decree of divorce without notice.. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a,divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn ffalsification to authorities. DATE: r 2001 ARCHIE P. CRIER Barbara Sumple-Sullivan, Esquire Supremo Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K, HAMMACHER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-391 ARCHIE F. HAMMACHER, : CIVIL ACTION -LAW Defendant : IN DIVORCE 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on January 19, 2041. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted_ 5. I verify that the statements made in this affidavit are true and correct, I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ?L '2001 f llks? -ARCHIE F Al CITY Barbara Sumple-Sullivan, Esquire Supreme Covet #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Plaintiff DEL-RUTH K. HAMMACHER, Plaintiff V. ARCME P. RAMMACI-MR, Defendant IN THE COURT; OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 CIVIL ACTION -LAW IN DIVORCE 1. A Complaint in Divorce under Section: 3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce: after service of notice of intention to request entry of the decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit'are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: \\-% - '2001 DEL-RUTH, K. HAMMACHER DEL-RUM K HAMMACHER, Plaintiff V. ARCHIE F. HAMMACHER, Defendant :IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-391 Civil Term JAN 112002 : CIVII, ACTION - DIVORCE QUAUFIED DOMESTIC RELATIONS ORDER, 1. The parties to this action have entered into a Settlement Agreement dated November 9, 2001. The Court of Common Pleas of Cumberland County incorporated the Settlement Agreement into its Decree of Divorce dated December 28, 2001. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal-Revenue Code of 1986 ("Code") §401(a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under 23 Pa.C.S. §3502. 3. This QDRO applies to the Aronson Associates Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of Participant's benefits described below is incurred. Any benefits accrued by Participant under a predecessor plan of the employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Archie F. Hammacher ("Participant") is a participant in the Plan. Del-Ruth K Hammacher ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. Participant's name, mailing address, social security number and date of birth are: 1800 Sheepford Road Mechanicsburg, Pennsylvania 17055 169-44-2562 September 25, 1957 6. Alternate Payee's name, mailing address, social security number and date of birth are: 25 Meadowbrook Court New Cumberland, Pennsylvania 17070 185-50-1686 November 18, 1956 7. Alternate Payee acknowledges that it is her responsibility and it shall be Alternate Payee's duty to keep a current mailing address on file with the Plan Administrator, until final distribution of all funds. 8. The portion of Participant's plan benefits payable to Alternate Payee under this QDRO is Thirty-Five Thousand Dollars ($ 35,000.00). 9. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 10. This QDRO does not require the Plan to provide increased benefits. 11. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 12. Benefits are to be payable to the individual retirement account (IRA) named below on behalf of Alternate Payee in one lump sum cash payment. Alternate Payee shall execute any forms required by the Plan Administrator. Name of IRA: DLJSC IRA F.O. Del-Ruth Hammacher Name of IRA Custodian: Masland and Barrick Send to Attention of: Stacey G. Barrick Address of Custodian: 3461 Market Street Camp Hill, PA 17011 IRA Account Number: 5W8-874427 13. On or after the date that his Order is deemed to be a QDRO, but before Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct her Plan investments to the extent permitted under the Plan. 14. All payments made pursuant to this Order shall be conditioned on the certification by Alternate Payee and Participant to the Plan Administrator of such information as the plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to Participant any benefits that are assigned to Alternate Payee pursuant to the terms of this Order, Participant shall immediately reimburse the Alternate Payee to the extent that Participant has received such benefit payments and shall forthwith pay such amount so received directly to Alternate Payee within ten(10) days of receipt. In the event that the Plan inadvertently pays to Alternate Payee any benefits that are assigned to Participant pursuant to the terms of this Order, Alternate Payee shall immediately reimburse Participant to the extent that Alternate Payee has received such benefit payments and shall forthwith pay such amount so received directly to Participant within ten (10) days of receipt. 17. In the event that Participant's benefits, or any portion thereof, become payable to Participant as a result of termination or partial termination, then Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedure of the Plan. 18. After payment of the amount required by this QDRO, Alternate Payee shall have no further claim against Participant's interest in the Plan. 19. Alternate Payee assumes sole responsibility for the tax consequences of her distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 8 of this QDRO. The sole purpose of this paragraph is to ensure payment to Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in paragraph 8 of this QDRO. In the event of Alternate Payee's death prior to payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to or any beneficiary subsequently designated by Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this Order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify Participant and Alternate Payee of the receipt of this QDRO and shall notify Participant and Alternate Payee of the Plan's procedures for determining the qualified status of the QDRO and shall notify Participant and Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. BY THE COURT: 0a''`7 /6? Loos / J. The parties have signed below indicating their consent to this Order: Archie. Hammacher a F. Blair, Esquire Attorney for Archie F. Hammacher Del-Ruth Barbara Sumple-Sullivan, Esquire Attorney for Del-Ruth K Hammacher i-'c?h;?Ni>YLV?utiVA `I a 7. tj i res?rz? - .. mmrnw;+?snuowr ?.viwwa.?s??,g?W.. _ _ _ ORDER/NOTI E TO WITHHOLD INCOME FOR SUPPORT ? - AIR '9 State Com onwealth of Pennsylvania AgeS£S 9& /030(o3 OOriginal order/Notice Co /Clt /D' t of CUMBERLAND /)k O Amended Order/Notice s . YYI/ Date of Order/Notice 02/05/02 D?' ???/UlL X Court/Case Number (See Addendum for case summary) O Terminate Order/Notice Employer/Withholder's Federal EIN Number SERVICE OIL CO Employer/Withholder's Name C/O SUN UP 13 EXXON Employer/Withholder's Address PO BOX 1677 HARRISBURG PA 17105-1677 Ara 13/e//$ RE: HAMMACHER, ARCHIE F. ) Employee/Obligor's Name (Last, First, MI) 169-44-2562 Employee/Obligor's Social Security Number 8314100701 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. $ 625. 00 per month in current support $ 25. oo per month in past-due support Arrears 12 weeks or greater? (g)yes 0 no $ 0.00 per month in medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 650.00 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: $ 150.00 per weekly pay period. $ 300. oo per biweekly pay period (every two weeks). $ 325-.00 per semimonthly pay period (twice a month). $ 650. 00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: FEB 6 2002 Service Type m a KGG/,(! d. NESS 7U (?G Form EN-028 oMBNe.: 097MI54 Worker ID $IATT Expiration Date: 12/31/00 ?'r -- `?'????1?i(;Y ?y i ?, ,, ?? ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2315794420 EMPLOYEE'S/OBLIGOR'S NAME: HAMMACHER, ARCHIE F. EMPLOYEE'S CASE IDENTIFIER: 8314100701 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. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATION SECTION 13 N HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet Page 2 of 2 OMB No.: 0970-0154 Expiration Date: 12/31/00 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HAMMACHER, ARCHIE F. ? 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 876104211/3/q/F Plaintiff Name DEL-RUTH K. HAMMACHER Docket Attachment Amount 01-391 CIVIL $ 195.00 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PAGES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB t- I ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth i f P l 0Original Order/Notice o ennry van a Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/NotiCe 11/13/03 O Terminate Order/Notice Tribunal/Case Number (See Addendum for case summary) RE: HAMMACHER, ARCHIE F. Employer/Withholder's Federal FIN Number Employee/Obligor's Name (Last, First, MI) 169-44-2562 Employee/Obligor's Social Security Number SERVICE OIL CO {,/ a 8314100701 C/O SUN UP 13 EXXON PO BOX 16 n p1'r 'CSES ??yy ?7?P ?Od ??O3 Employee/Obligor's Case Identifier 77 / (See Addendum for plaintiff names HARRISBURG PA 17105-1677 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. $ 625.00 per month in current support $ 12.50 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 637.50 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: $ 147.12 per weekly pay period. $ 294.23 per biweekly pay period (every two weeks). $ 318.75 per semimonthly pay period (twice a month). $ 637.50 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten 00) 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 #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE 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.: ks '€ COUR Date of Order: NOV 14 2L03 Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heckep you are required to provide a copy of this form to your3moloyee. If your employee works in a state that is di Brent rom the state that issued this order, a copy must be provii e to your employee even if the box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. 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. 4.* Reporting the Paydate/Date 0"Withholding. You must report the pay dat&date of withholding nhen se ding th e- ent. The paydate/date of withholding I the date on which amount was withheld from the e ... ployee's nages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5.* 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 #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2315794420 EMPLOYEE'S/OBLIGOR'S NAME: HAMMACHER, ARCHIE F. EMPLOYEE'S CASE IDENTIFIER: 8314100701 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. 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. 8. 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. 9. 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 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. 10.* 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. 11. 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. Submitted By: 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 Service Type m OMB No.: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HAMMACHER, ARCHIE F. ? 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. PACKS Case Number 876104211 Plaintiff Name DEL-RUTH K. HAMMACHER Docket Attachment Amount 01-391 CIVIL $ 195.00 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. 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. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB " .' '..• -?1C?AV?ri°ti?ilYA SAd& . •.•••.•Y^fit4teMAds?ssYiMA+lYMRYG+k'%+PWF&?Rtld• •••..?v _..ae?Ydl $ ? -Ti 4 rri z; l ? 7 C - " Z L i' Z _ t D -4 i t Husband's Social Security # 169-44-2562 Wife's Social Security # 185-50-1686 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter November 8, 2001 Barbara Sumple-Sullivan Attorney at Law 549 Bridge Street New Cumberland, PA 17070 West Shore 697-0371 Ext. 6535 Nora F. Blair Attorney at Law 5440 Jonestown Road Harrisburg, PA 17112-0216 RE: Del-Ruth K. Hammacher vs. Archie F. Hammacher No. 01 - 391 Civil In Divorce Dear Ms. Sumple-Sullivan and Ms. Blair: Enclosed is a draft of the agreement which you put on the record on November 8, 2001. Please review the draft for any corrections with the understanding that no substantive changes can be made. After you have reviewed the draft, give us a call so we can make appropriate corrections. We will send the corrected original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document, I will then obtain a Court order vacating my appointment. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 West Shore Divorce Master 697-0371 Ext. 6535 Traci Jo Colyer Office Manager/Reporter June 13, 2001 Barbara Sumple-Sullivan Nora F. Blair Attorney at Law Attorney at Law 549 Bridge Street 5440 Jonestown Road New Cumberland, PA 17070 Harrisburg, PA 17112-0216 RE: Del-Ruth K. Hammacher vs. Archie F. Hammacher No. 01- 391 Civil In Divorce Dear Ms. Sumple-Sullivan and Ms. Blair: Counsel have both returned the certification document regarding discovery indicating that discovery is complete. Attorney Sumple-Sullivan has noted that she is waiting for information regarding the Defendant's 401(k) plan. A divorce complaint was filed on January 19, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and indignities and the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. I am going to assume that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. If my assumption is not correct, please advise and I will immediately schedule a hearing on the alternative grounds of indignities. I am also going to proceed on the basis that there are no outstanding discovery matters (other than the 401(k) plan information) and that there will be no discussions or issues raised at the pre-hearing conference regarding discovery matters. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, July 6, 2001. Upon receipt of the pretrial s. Ms. Sumple-Sullivan and Ms. Blair, Attorneys at Law 13 June 2001 Page 2 statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. DEL-RUTH K. HAMMACHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW . NO. 01 - 391 CIVIL ARCHIE F. HAMMACHER, Defendant IN DIVORCE RESCHEDULED CONFERENCE WITH COUNSEL AND THE PARTIES TO: Barbara Sumple-Sullivan Del-Ruth K. Hammacher Counsel for Plaintiff Plaintiff Nora F. Blair Archie F. Hammacher Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 8th day of November 2001, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II October 12, 2001 Divorce Master DEL-RUTH K. HAMMACHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 391 CIVIL ARCHIE F. HAMMACHER, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Barbara Sumple-Sullivan Del-Ruth K. Hammacher Counsel for Plaintiff Plaintiff Nora F. Blair Archie F. Hammacher Counsel for Defendant Defendant A conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 9th day of November 2001, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II October 10, 2001 Divorce Master DEL-RUTH K. HAMMACHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 391 Civil ARCHIE F. HAMMECHER, Defendant IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Barbara Sumple-Sullivan , Counsel for Plaintiff Nora F. Blair , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 10th day of October, 2001, at 1:30 p.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/4/01 E. Robert Elicker, II Divorce Master Barbara Sumple-Sullivan, Attorney for Plaintiff, filed a pre-trial statement on July 6, 2001 Nora F. Blair, Attorney for Defendant, has not filed a pre-trial statement as of the date of this notice. DEL-RUTH K. HAMMACHER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 391 CIVIL ARCHIE F.HAMMACHER, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Barbara Sumple-Sullivan Nora F. Blair , Attorney for Plaintiff , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 17th of September, 2001, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 7/23/01 E. Robert Elicker, II Divorce Master Barbara Sumple-Sullivan, Attorney for Plaintiff, filed a pre-trial statement on July 6, 2001. Nora F. Blair, Attorney for Defendant, has not filed a pre-trial statement as of the date of this notice. LAW OFFICES BARBARA SUMPLE-SULLWAN 540 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1831 PHONE (717) 774-1446 FAX (pv) 774-7050 June 5, 2001 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Hammacher v. Hammacher No. 01-391 Dear Divorce Master Elicker: Pursuant to your request, enclosed please find my Certification of Discovery in the above- captioned matter. 1 Barbara Sumple-Sullivan BSS/ld Enclosure cc: Nora Blair, Esquire (w/enclosure) Del-Ruth K. Hammacher (w/enclosure) LAW OFFICES BARBARA SUMPLE-SULLIVAN 540 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1031 PHONE (717) 774-1445 FAX (717) 774-7050 July 5, 2001 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Hammacher v. Hammacher Nn. 01-0391 / C'umherland Co y Dear Divorce Master Elicker: Pursuant to your directive, enclosed please find Plaintiff's Pre-Trial Statement. cry Barbara Sumple-Sullivan BSS/ld Enclosure cc: Nora F. Blair, Esquire (w/enclosure) Del-Ruth Hammacher (w/enclosure) DEL-RUTH K HAMMACHER, : IN THE COURT OF COMMON PLEAS, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ARCHIE F. HAMMACHER, Defendant : NO. 01-391 Civil Term CIVIL ACTION - DIVORCE DEFENDANT'S PRETRIAL STATEMENT Archie F. Hammacher, Defendant, by and through her attorney, Nora F. Blair, Esquire, files the following Pretrial Statement: TABLE OF CONTENTS 1. Background Information II. Marital Assets and Debts III. Witnesses IV. Exhibits V. Pensions VI. Income and Expenses VII. Issues VIII. Proposed Economic Resolution Dated: It) -- k-61 Respectfully submitted, Nora F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1429 Fax (717) 541-1428 I. BACKGROUND INFORMATION A. PARTIES HUSBAND NAME Archie F. Hammacher ADDRESS 1800 Sheepford Road Mechanicsburg, PA 17055 AGE 44 DATE OF BIRTH 9-25-57 PLACE OF BIRTH PA SOCIAL SECURITY NUMBER 169-44-2562 HEALTH Fair - Defendant has Multiple Sclerosis which causes some problems now but with unknown future consequences EMPLOYER Service Oil OCCUPATION HVAC Installer LENGTH OF SERVICE 27 Years EDUCATIONAL BACKGROUND High School Diploma NAME Del-Ruth K. Hammacher ADDRESS 175 Meadowbrook Court New Cumberland, PA 17070 AGE DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER HEALTH Good EMPLOYER Ben Franklin OCCUPATION Receiving Clerk LENGTH OF SERVICE EDUCATIONAL BACKGROUND High School Diploma B. CHILDREN NAME AGE DATE OF CUSTODIAN BIRTH Brandi L. 18 6-25-83 Emancipated Hammacher Jessica Lynn 15 5-8-86 Wife Hammacher C. MARRIAGE INFORMATION DATE OF MARRIAGE 7-2-76 PLACE OF MARRIAGE Dauphin County, Pennsylvania DATE OF SEPARATION 10-97 CIRCUMSTANCES OF Wife moved into the upper floor of SEPARATION the marital residence in October, 1997, where she continued to reside with several cats until she moved out of the marital residence on January 22, 2001. D. PRIOR MARRIAGE HUSBAND None WIFE None E. CHIIDREN OF OTHER REI ATIONSBMwVMARRIAGES HUSBAND None WIFE None F. PROCEEDINGS INFORMATION DATE COMPLAINT FILED January 19, 2001 DATE OF SERVICE MANNER; OF SERVICE Certified Mail ISSUES RAISED IN COMPLAINT Equitable Distribution, Alimony, Attorney Fees and Costs DATE OF ANSWER/COUNTERCLAIM February 16, 2001 ISSUES RAISED IN COUNTERCLAIM None BIFURCATION None PREVIOUSLY RESOLVED ISSUES None II. MARITAL ASSETS AND DEBTS The following is a list of the marital assets and debts of the parties: rrEM HUSBAND'S WIFE'S NO. DESCRIPTION VALUE VALUE COMMENTS 1, House at 1800 H Bank did appraisal for eepford Road, refinancing that came in at Mechanicsburg 74,000.00 84,000.00 75,000.00 992 Ford Escort W 500.00 50.00 Savings Account 10.00 Checking Account 800.00 Husband's IRA 7,451.48 as of 8-31-01 Husband's Profit account fluctuates based on baring and 401(k) 73,290.50 105,446.82 narket performance. account of 10-1-97 of 9-30-00 paration value must be djusted for market creases and decreases. usband's United ecount fluctuates based on vestors Life 22,996.09 28,048.40 Imarket performance. No uity of 9-17-01 of 12-15-99 ents made to account ince separation. 1. ton home equity H 12,793.39 9,680.55 H usband's balance is as of oan of 1-30-01 as of 7-5-01 ate Wife moved out. Fulton home equity H 24,612.94 24,070.23 Husband's balance is as of oan as of 1-30-01 of 7-5-01 ate Wife moved out. Credit cards W 420.00 usband is unaware of the ,redit cards. Husband elieves that these charges ay have occurred post eparation M. WITNESSES A. Defendant B. Witnesses regarding parties' separation. C. Real estate appraiser if parties are unable to agree on a value. IV. EXHIBITS A. Appraisal for real estate performed by William H. Everhart (copy previously provided to Wife's counsel) B. Statements for Husband's profit sharing and 401(k) accounts for 10-1- 96 to 9-30-01(10-1-96 to 9-30-00 attached). C. Statement for Husband's IRA account for 8-31-01(attached) D. Statement for Husband's United Investor's Life annuity for 9-17-01 (attached) V. PENSIONS Husband has several accounts as indicated on list of assets. Wife has indicated that she has no pension or other retirement accounts. VI. INCOME AND EXPENSES Defendant's Income and Expense Statement is attached. VII. ISSUES The only major issue to be resolved is the date of the parties' separation. VIII. PROPOSED ECONOMIC RESOLUTION Husband would like to maintain the marital residence as his sole and separate property. To that end, Husband has contacted his bank to obtain financing to pay Wife for her share of the marital residence. The appraisal has been done by the bank and Husband is prepared to move forward with obtaining the funds as soon as agreement is reached. Based on the information provided to Husband by the bank, Husband is prepared to pay to Wife $22,000.00 for her share of the real estate. In addition, at the same time, Husband will pay to Wife's counsel $2,000.00 for Wife's attorney fees and costs. Husband is willing to pay alimony to Wife in the amount of $195.00 per month for three years. Husband's First Union IRA and United Investor's Life annuity should be equally divided by a QDRO, if such is necessary. The equal division should be made on the date the division is made. Husband's profit sharing and 401(k) accounts should be divided equally as of the date of the parties' separation. The QDRO should allow for the change in value due to market fluctuations ind determining the value to be transferred to Wife. r? NAME: ARCHIE F HAMMACHER S4RTH: 09!25!57 AGE: 40 YTD HOURS: 1,000 SSN: 169-44-2562 HIRE: 10114174 SERVICE: 24 STATUS: ACTIVE PARTIC: 06130/76 OFFICER: NO OWNER: 0% YTD TOTAL PAY- S aA 157 M 10/01/96 Investment 09/30/97 Vesting Vested Contribution Account Account Contribution Results Forfeitures Withdrawals Account Percent Amount To Date Profit Sharing $ 52,928.44 0.00 10,761.60 22.98 O.OD$ 63,713.02 1D0% $ 63,713.02 401(k)Employee 5,022.64 1,542.26 1,171.99 O.OD 0.00 7,736.91 100% 7,736.91 5,846.66 Matching Employer 1,209.15 385.57 245.85 0.00 0.00 1,840.67 100°h 1,840.57 Total $ 59,160.23 1,927.85 12,179.44 22.98 0.00$ 73,290.50 $ 73,290.50 ^ , •"•, ^ ...... SSN : 169-44-2562 STATL3: ACTIVE _ 10/0111997 Account Account Profit Sharing $ ,713.0. 401(k) Employee 7,736.91 Matching Employer 1,840.57 Total $ 73.29a sr omrnc varcorraar Ave: 41 YTD HOURS: 1,000 HIRE: 1 0/1 411974 SERVICE: 25 PARTIC: 06/3011976 OFFICER: NO J Investment 0913WI998 Vesting Vested Contribution Contribution Results Forfeitures Withdrawals Account Percent Amount To Date 0.00 5,020.65 55.88 0.00 $ 68,789.55 100%$ 68,789.55 1,476.77 665.62 0.00 0.00 9,879.30 100% 9,879.30 7,323.43 369.19 145.04 0.00 0.00 2,354.80 100% 2,354.80 1,845.96 5,831.31 55.88 000$ 8102365 S 81,023.65 NAME: ARCHIE F HAMMACHER BIRTH: 092511957 AGE: 42 YTD HOURS: 1,000 SSN: 16944-2562 HIRE: 1 0/1 411 974 SERVICE: 26 STATUS: ACTIVE PARTIC: 06130/1976 OFFICER: NO OWNER: 0% YTD TOTAL PAY: $ 37,186.00 10;::1;1396 investment 098011989 :.sting Vested Conbibutior, Account Account Contribution Results Forfeitures Withdrawals Account Percent Amount To Date Profit Sharing $ 68.789.55 0.00 Q106.85 721 0.00 $ 76,903.61 1 DD°k $ 76,903.61 401(k)Employee 9,879.30 1,487.44 1,248.56 0.00 0.00 12,615.3D 100% 12,615.30 8,810.87 Matching Employer 2,354 80 371.86 277.51 O.OD 0.00 3004.17 100% 3,004.17 Total $ 81,023 65 1,859.30 9,632.92 7.21 0.00 $ 92.523.08 $ 92,523.08 NAME: ARCHIE F HAMMACHER BIRTH: 092M957 -AGE: 43 YTD HOURS: 1,000 SSN: 169-042562 HIRE: 10M411974 SERVICE: 27 - STATUS: ACTIVE PARTIC: 06130/1976 OFFICER: NO OWNER: - 0% - YTD TOTAL PAY: S 39,873.00 10/0111999 Investment - - 09/302000 Vesting Vested Contribution - Account Account Contribution Results Forfeitures Wftbdniikats -Account Percent Amount To Date Profit Sharing $ 76,903.61 0.00 9.015.04 -72:02 -CWD $- . 65,941.57 - 10D%$ 85,94157 401(k) Employee 12,615.30 1,572.90 1,567.48 0.00 "o 15,755.68 100% 15,755.68 10,383.77 Matching Employer 3.004.17 393.23 352.17 -- 0.00- `"--. 0C00- - 3,749.57 100% 3,749.57 Total $ 92,523.08 1,966.13 10,934.69 '22.92 ° `;O.OD.$' 105,446.82 $ 105,446.82 I t F,,[N® Retirement Statement 8/01/2001 thru 8/31/2001 ?Q 1 075 2 001 169442562 0169442562 21 (111'I)IIII)Illll)III III II III IIII IIIi1I?1I11I1)11)1) ARCHIE F HA14MACHER 1800 SHEEPFORD ROAD MECHANICSBURG PA 17055-6738 .?+ For Customer Service Call: (800) 669-2136 Or write to: FIRST UNION NATIONAL BANK 401 SOUTH TRYON STREET CHARLOTTE, NC 28288-1164 Plan Overview - IRA Retirement Plan ID: 0169442562 Taxpayer ID: 169-44-2562 Asset & Earnings Summary Type of asset Time Deposits Brokerage Account Stocks Bonds Mutual Funds $7,4511 ,48 $;7,451.48 100.00% $ 194.23 Total $ 7,451.48! $7,451.48 100.00% $ 0.00 194.23 Earnings are shown to help track how your IRA is performing. You are not required to report these as taxable earnings on your tax return. Tax Information: Contributions & Distributions Contributions 2001 Distributions For tax year 2000 $ 0.00 Amount (gross) $ 0.00 For tax year 2001 $ 0.00 Federal tax withheld $ 0.00 Rollover Deposits $ 0.00 Net amount $ 0.00 Simplify your Finances with the CAP Account. THE CAP ASSET MANAGEMENT ACCOUNT COMBINES YOUR INVESTING AND BANKING SERVICES INTO ONE RELATIONSHIP. CAP OFFERS DOZENS OF BENEFITS INCLUDING ENHANCED EARNING POTENTIAL ON YOUR CASH AND ADVICE FROM YOUR FINANCIAL ADVISOR. AND, YOU CAN USE YOUR SELF-DIRECTED IRA BALANCE TO MEET THE CAP MINIMUM BALANCE. TO FIND OUT MORE, CALL 1-888-213-1352. F0 FIRST UNION NATIONAL BANK page 1 of 3 UNITED INVESTORS LIFE J Variable Products Division 2001 Third Avenue South P.O. Box 156 Birmingham, Alabama 35201-0156 Annual Report 09/17/00 Through 09/17/01 ARCHIE F HAMMACHER 1800 SHEEPFORD RD MECHANICSBURG PA 17055 Statement Date: 09/17/01 Policy: P026573 Annuitant: ARCHIE F HAMMACHER Representative: WILLIAM C GRAHAM Reg/Division: 088/47 11910 Plolicy, and surrender values A. Policy Value, End-Of Previous Year + Make Check Payable to UNITED INVESTORS LIFE • Include your Policy Number on your check • Send Payment to: P.O. Box 156 Birmingham AL 35201-0156 POLICY: P026573 B. Plus: Purchase Payments C. Less: Premium Tax On Payments D. Less: Annual Deductions E. Less: Administration;-,Expense F. Less: Withdratw?ais ** G. Plus: Investmd#,i GainOr Loss. H. Policy Value,-'As 1-,.,0 f b4J17/OI I. Less: Charges,'<If'Surrendered J. Net. Surrender Value ADD TO MY POLICY Minimum: $100.00 Allocate Payment As Follows: Money Market % Bond % High Income % Growth % Income % International % Small Cap % Balanced % Ltd Term Bond % Asset Strategy % Fixed Account * % Science and Tech % * Not. Available in all states Values For Year Ending 09/17/01 * This is an annual deduction for sales expense of .85% per year of each premium over the first ten policy anniversaries following the date the premium is received. ** Withdrawal amount includes withdrawal charges, if any, and any applicable federal taxes withheld. The policy value of this policy may increase or decrease depending on the investment experience of the investment divisions selected. If your Advantage II annuity policy is funding a tax qualified retirement plan and you are approaching your 70th birthday, you should contact your tax advisor regarding your minimum distribution requirement. U-28, Ed. 1.92 r,a Eo < Confirmation Statement Waddell & Reed confirms this sale as agent for the issuer Transaction Details Date Transaction Division Amount 09/17/01 Annual Deductions Growth $47.55 Core Equity $42.68 09/17/01 Administrative Expense Growth $26.35 Core Equity $23.65 Units 8.475 14.580 4.697 8.079 Current Balances Division Units Growth 2,158.418 Core Equity 3,719.015 Value $12,109.75 $10,886.34 DEIrRUTH K HAMMACHER, Plaintiff V. ARCHIE F. HAMKACHER, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 01,391 Civil Term CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATF2V ENNT OF ARCHIE F. HAM11ACHER SUBMITTED BY Archie F. Hammacher 1800 Sheepford Road Mechanicsburg, Pennsylvania, 17055 AGE: 44 HEALTH: Fair, Multiple Sclerosis EMPLOYER: Service Oil Company LENGTH OF SERVICE: 27 Years STATUS: Separated EDUCATION, TRAINING, AND SKILLS: High School Diploma Per Pay Weekly Monthly Yearly GROSS EARNED INCOME 1,500.00 39,000.00 DEDUCTIONS: Federal Income Tax 236.28. State Income Tax 42.00 F.I.C.A. 93.00 Medicare Tax 21.75 Local Tax 15.00 O.P.T. 10.00 Union Dues Medical/Hospital/DentalInsurance 46.15 Mandatory Pension Voluntary Retirement 60.00 Savings Bonds Other TOTAL DEDUCTIONS 514.18 13,368.68 NET EARNED INCOME 985.82 25,621.32 OTHER INCOME: Child Support Spousal Support/APL Interest Dividends Pension Other Retirement Annuity Per Pay Weekly Monthly Yearly Social Security Rental Income Royalties Expense Account Gifts Unemployment Compensation Workers Compensation Other TOTAL OTHER INCOME TOTAL NET INCOME CURRENT EXPEN ES: HOME: Mortgage (Includes taxes and insurance) Mortgage (Does not include taxes and insurance) 845.03 Rent Maintenance 50.00 UTILITIES: Electric 77.00 Gas Oil 40.00 Telephone 30.00 Trash Collection 17.00 Water Per Pay Weekly Monthly Yearly Sewer Cable Television 30.00 EMPLOYMENT: Public Transportation Parking Lunch Education Supplies/Equipment Memberships TAXES: Real Estate (Not in mortgage) 143.34 Income (Not set forth above) School Occupation 37.50 INSURANCE: Homeowners (Not in mortgage) 21.32 Automobile 35.67 Life Accident Health (Not deducted from pay) Disability AUTOMOBILE: Payment Fuel 40.00 Maintenance/Repairs 25.00 MEDICAL (After insurance payment): Doctor 10.00 Per Pay Weekly Monthly I Yearly Dentist Orthodontist Hospital Prescription Medication Over the Counter Medication Special Needs EDUCATION: Private School Parochial School College Religious PERSONAL: Clothing Food 40.00 210.00 Barber/Hairdresser 10.001 1 CREDIT CARDS: I CHARGE ACCOUNTS: I I I I I LOANS: I Per Pay I Weekly I Monthly', I Yearly MEMBERSHIPS: MISCELLANEOUS: Household Help Child Care Papers/Books/Magazines 17.20 Entertainment Vacation Gifts Legal Fees Charitable Contributions Child Support 430.00 Spousal Support/APL 195.00 Support Arrearage 25.00 OTHER: TOTAL CURRENT EXPENSES I ( 1 2,329.06127,948.72 NET CASH AVAILABLE ( 1 1 1(2,327.401 000a --A ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 0Original Order/Notice Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 02/01/05 O Terminate Order/Notice Case Number (See Addendum for case summary) REHAMMACHER, ARCHIE F. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 169-44-2562 Employee/Obligor's Social Security Number SERVICE OIL CO _ 8314100701 C/O SUN UP 13 EXXON Employee/Obligor's Case Identifier PO BOX 1677 (See Addendum for plaintiff names HARRISBURG PA 17105-1677 associated with cases on attachment) ?/ Custodial Parent's Name (Last, First, MI) I?gags ?7& /0(a-// 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. $ 195. oo per month in current support $ 0. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0. 00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 195.00 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: $ 45. 00 per weekly pay period. $ 9o. oo per biweekly pay period (every two weeks). $ 97.50 per semimonthly pay period (twice a month). $ 195. 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 remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 1N ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL ,,n Y THE COU T Date of Order: FEB 2U05 f???!i? i{?v? .? _ Ness ??? Form EN-028 Service Type M OMB No, 0970-0154 Worker ID $IATT -i Af? ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? I hecked you are required, to pr vide a copy of this form to your mployee. If yo r employee orks in a state that is ?it?ferent from the state that issuedthis order, a copy must be provir?ed to your employee even if t? a box is not checked. 1. Priority; Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employeelobligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Repo, th is the Paydate/Date ofWithhof ling; Yotrmust report the p.-yda--date of withholding whe .. .1 pdyu'.--.-'U-'ate ol withholding is the date on which amount was withheld frorn the employee's wages. You must comply with the law of the state of the employee'stobligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 2315794420 EMPLOYEE'S/OBLIGOR'S NAME: HAMMACHER, ARCHIE F. EMPLOYEE'S CASE IDENTIFIER: 8314100701 DATE OF SEPARATION; LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAMEIADDRESS: 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 employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee'slobligor'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 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Worker ID $IATT [f J 7 1 1 11LLD O,1--f 1CE OF ?N F`90-140INMARY 2955 FEB -2 Fri 3: 43 ? 3h H? tQV I 1