Loading...
HomeMy WebLinkAbout09-1168Jay R. Bradennan, Esquire Attorney 1. D. No. 07047 Todd C. Hough, Esquire Attorney /.D. No. 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attomeys forPlaintitf ANDREW J. UNDERKOFFLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NOM-111.8 CIVIL TERM KAREN J. UNDERKOFFLER, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County complies with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least seventy-two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Jay R. Braderman, Esquire Attorney I.D. No. 07047 Todd C. Hough, Esquire Attorney M No. 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Sheet, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys forPlainMf ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. NO. 09= 7 CIVIL TERM KAREN J. UNDERKOFFLER, : Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW Comes Plaintiff, Andrew J. Underkoffler, by and through his attorneys, Lavery, Faherty, Young & Patterson, P.C. and Jay R. Braderman, Esquire, and respectfully represents as follows: 1. Plaintiff, Andrew J. Underkoffler, is of full age and sui juris and resides at 2005 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Karen J. Underkof ler, is of full age and sui juris and resides at 1060 Yocumtown Road, Etters, York County, Pennsylvania 17319. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least 6 months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 10, 1987, in Lewisberry, York County, Pennsylvania. 5. There was one child born of this marriage; Ryan Underkoffler, bom October 17, 1992, who is now 16 years of age. 6. There have been no prior actions for annulment or divorce by either party to this action. 7. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301 (d). The marriage of the parties is irretrievably broken. The date of separation was on or about February 1, 2003. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce from the bonds of matrimony. COUNTI REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint and Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an Order of equitable distribution of marital property and marital debts. Date: 171-7- Respectfully Submitted, Lavery, Faherty, Young & Patterson, P.C. ja an, Esquire` o I . No. 07047 22 arket Street, Suite 304 P O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: Andrew J. derkoffler I verify that I have reviewed this -form with my client and to the best of my knowledge the allegations herein are true and correct. Patterson, P.C. one No. 047 225 M et Str t, Suite 304 P. O ox 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff w tAj l ?V N p Jay R. Braderman, Esquire Attomey /D. No. 07047 Todd C Hough, Esquire Attomey I.D. No. 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attomeys forPlaintfi ANDREW J. UNDERKOFFLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN J. UNDERKOFFLER, Defendant CIVIL ACTION -LAW NO.Dq /A Q' CIVIL TERM IN DIVORCE AFFIDAVIT ANDREW J. UNDERKOFFLER, being duly swom according to law, deposes and says: 1. 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. 1 understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request 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. Section 4904 relating to unsw m falsificati n to tho ies. ANDREW J. UNDER KOFFLER ° -??? r....E_ .. , . ? ?? --[? / V " ? ? `? 1- ,:7 } 1 ?`` , sfs e. R •` `?. A. •. IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION ANDREW J. UNDERKOFFLER, Plaintiff, No.: 09-1168 v. CIVIL ACTION - LAW KAREN J. UNDERKOFFLER, In-Divorce Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the above-captioned Plaintiff, Andrew J. Underkoffler, in regard to the above-referenced matter. Farley G Ho t, squire Attorney for Defendant 34 North Queen Street York, Pennsylvania 17403 (717) 846-0550 I.D. #59920 OF THE R,14C)NOTARY 2009 APR 14 PH 2: 14 l 't { GUME? i' L? ydt ??a F yl?i f?, ANDREW J. UNDERKOFFLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff C vs. -V Z NO. 09-1168 20M 3- r KAREN J. UNDERKOFFLER '-- Defendant < MOTION FOR APPOINTMENT OF MASTER as ANDREW J. UNDERKOFFLER. Plaintiff , moves the court to appoint a master wit5pEvec= the following claims: OX Divorce --? -- ?X Distribution of Property < ? Annulment ? Support OX Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims ( s) for which the appointment of a master is requested. 2. The defendant has not appeared in the action (personally) (by his attorney,_ , Esquire). The staturory ground (s) for divorce is NO FAULT: 23 Pa.C.S. Section 3301 (c) Delete the inapplicable paragraph (s): AE] BM CM a. The action is not contested. b. An agreement has been reached with resnect to the followine claims: c. The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take Four _ hours 7. Additional information, if any, relevant t e mo Date: ? `' Att a fo laintiff ay R. Braderman, Esquire Print Name ORDER APPOINTING MASTER AND NOW 20 , Esquire, is appointed master with respect to the following claims: C rr: -qG7 C- O z'. D By the Court, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE HEARING MASTER ANDREW J. UNDERKOFFLER Plaintiff 2005 SHEEPFORD ROAD Street Address MECHANICSBURG, PA 17055 City - State - Zip Code VS. KAREN J. UNDERKOFFLER Defendant 1060 YOCUMTOWN ROAD Street Address ETTERS, PA 17319 City - State - Zip Code JAY R. BRADERMAN Attorney for Plaintiff 225 MARKET ST., P.O.BOX 1245 Street Address HARRISBURG, PA 17108-1245 City - State - Zip Code 717-233-6633 Phone Number °. Docket No. 09-1168 CIVIL TERM r-0 (D :r- rCq x- rrl -P) - :c cn r' _.._ -urn -? A o t.+ CD ?= c- =-n z -n o ?> C= F; _°_r n ACTION IN DIVORCE -? t I J'\ Attorney for Defendant Street Address City - State - Zip Code Phone Number INVENTORY OF ANDREW J. UNDERKOFFLER (Plaintiff) (Plaintiff) files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. (Plaintiff)) verifies that the statements made in this Inventory and Appraisement are true and correct. (Plaintiff) (Defendant) understands that false statements herein are made subject to penalties orities. of 18 Pa.C.S. Section 4904 relat' to unswo fal 'ficati t 7) ?/ ZOAWO , e, (Plaintiff) 19 ASSETS OF THE PARTIES (Plaintiff) marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, copy of the appraisal report is attached. (X) 1. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, Bonds, Securities and Options ( ) 4. Certificates of Deposit (X) 5. Checking Accounts, Cash ( ) 6. Savings Accounts, Money Market and Savings Certificates ( ) 7. Contents of Safe Deposit Boxes ( ) 8. Trusts ( ) 9. Life Insurance Policies (Indicate Face Value, Cash Surrender Value, and Current Certification) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, Copyrights, Inventions, Royalties (X) 14. Personal Property Outside the Home ( ) 15. Business (List All Owners, Including Percentage (%) of Ownership, and Officer/director Positions Held by a Party with the Company) ( ) 16. Employment Termination Benefits; Severance Pay, Workman's Compensation (Claim/award) ( ) 17. Profit Sharing Plans ( ) 18. Pension Plans (Indicate Employee Contribution and Date Plan Vests) (X) 19. Retirement Plans, Individual Retirement Accounts ( ) 20. Disability Payments ( ) 21. Litigation Claims (Matured and Unmatured) ( ) 22. Military N.A. Benefits ( ) 23. Education Benefits ( ) 24. Debts Due, Including Loans, Mortgages Held ( ) 25. Household furnishings and Personality (Include as a Total Category and Attach Itemized list If Distribution of Such Assets Is in Dispute. ( ) 26. Other MARITAL PROPERTY Plaintiff lists all property in which either or both spouses have a legal or equitable interest individuallv or with anv other person as of the date this action was commenced: ITEM NUMBER 1.Marital home DESCRIPTION OF PROPERTY 1060 Yocumtown Rd., Etters. PA (Est. $100,000) NAMES OF ALL OWNERS H&W 2.1999 Ford Truck (Est. $3.000) H 3.Checking Account Sovereign Bank ($500.00) H 43oat (Est. $4,000) H 5.Camper (Est. $5.000) H 6.Pop-ul (Est. $500.00) H 7.Retirement Plan Fidelity Investments ($101,000) H 8.Wife's Bank Accounts (Est. $25.000) W 9. 10. 11. 12. NON -MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION PROPERTY TRANSFERRED Plaintiff lists all property in which either or both spouses has a legal or equitable interest, individually or with any other person, and which has been transferred within the preceding three (3) years: ITEM DESCRIPTION DATE OF CONSIDERATION PERSON TO WHOM NUMBER OF PROPERTY TRANSFER TRANSFERRED 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. LIABILITIES ITEM DESCRIPTION OF NUMBER PROPERTY NAMES OF ALL CREDITORS NAMES OF ALL DEBTORS 1.Credit Card Debt To be determined H 2. Loan $27,000.00 Fidelity Investments H 3. 4. 5. 6. 7. 8. 9. 10. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?i ??1CS'W ?A 1-? F 'I? b' P ? ? Uh P vs r i /? d d ? R.O. NO. DOCKET NO. GQ - !1 lO ? 20o 9 zrn c =-I] PACSES Case No. rn INCOME AND EXPENSE STATEMENT OF <? = ° ANDREW J. UNDERKOFFLER ADDRESS: 2005 SHEEPFORD ROAD ?• c .. ni MECHANICSBURG, PA 17055 PHONE: --q - ATTORNEY:JAY R. BRADERMAN, ESQ. SECTION I: INCOME AND INSURANCE INFORMATION INSTRUCTIONS: THIS SECTION MUST BE FULLY COMPLETED. IF YOU ARE NOT PRESENTLY EMPLOYED, THE EMPLOYER INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM YOUR LAST JOB. INCOME: CURRENT OR LAST EMPLOYER: EXEL _ PAYROLL ADDRESS: Department 110, 570 Polaris Parkway, Westerville, OH 43082 POSITION HELD: Forklift Operator HOW PAID: (CIRCLE ONE) WEEKLY / BIWEEKLY / MONTHLY / SEMI-MONTHLY OTHER IF LAST JOB: DATE LEFT JOB GROSS PAY PER PERIOD: ITEMIZED PAYROLL DEDUCTIONS: FEDERAL WITHHOLDING SOCIAL SECURITY (& MEDICARE) LOCAL WAGE TAX STATE INCOME TAX MANDATORY RETIREMENT (Loan) HEALTH INSURANCE OTHER (SPECIFY) Dental Health Care Spending Acct. Vision NET PAY PER PAY PERIOD REASON FOR LEAVING: $ 553.74 $ 33.25 $ 31.29 $ 6.54 $ 17.00 $ 149.48 REQUIRED MINIMUM) %:__ $ 55.16 $ 7.93 $ 38.46 $ 3.30 $ 197.62 OTHER INCOME: WEEK MONTH YEAR (FILL IN APPROPRIATE COLUMN) INTEREST DIVIDENDS PENSION PROPERTY OWNED: OWNERSHIP DESCRIPTION VALUE H W J CHECKING ACCTS $ SAVINGS ACCTS $ CREDIT UNION $ ANNUITY SOCIAL SECURITY RENTS UNEMPLOYMENT COMP. WORKMENS COMP. IRA TIP ALIMONY (REC'D.) TOTALS STOCK/BONDS $ REAL ESTATE $ BUSINESS $ TOTAL INSURANCE (COVERING DEPENDENTS IN THIS CASE): COMPANY AND CLAIMS ADDRESS GROUP # POLICY# H W C HOSPITAL BLUE CROSS OTHER MEDICAL BLUE SHIELD OTHER DISABILITY DENTAL OTHER *H=HUSBAND, W=WIFE, J=JOINT, C=CHILD I VERIFY THAT THE STATEMENT MADE IN THIS INCOME AND EXPENSE STATEMNT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. r? a% SIGNATURE DATE SECTION H: SUPPLEMENT INCOME STATEMENT INSTRUCTIONS: IF YOU ARE SELF-EMPLOYED OR IF YOU ARE SALARIED BY A BUSINESS OF WHICH YOU ARE OWNER WHOLE OR IN PART, YOU MUST ALSO FILL OUT THIS SECTION. A. THIS FORM IS TO BE FILLED OUT BY A PERSON (CHECK ONE) • (1) WHO OPERATES A BUSINESS OR PRACTICES A PROFESSION, OR • (2) WHO IS A MEMBER OF A PARTNERSHIP OR JOINT VENTURE, OR • (3) WHO IS A SHAREHOLDER IN AND IS SALARIED BY A CLOSED CORPORATION OR SIMILAR ENTITY B. ATTACH TO THIS STATEMENT A COPY OF THE FOLLOWING DOCUMENTS RELATING TO THE PARTNERSHIP, JOINT VENTURE, BUSINESS, PROFESSION, CORPORATION OR SI IILAR ENTITY (i) THE MOST RECENT FEDERAL INCOME TAX RETURN AND (2) THE MOST RECENT PROFIT AND LOSS STATEMENT. c. NAME OF BUSINESS ADDRESS TELEPHONE NUMBER(S) D. NATURE OF BUSINESS (CHECK ONE) • (1) PARTNERSHIP • (2) JOINT VENTURE • (3) PROFESSION (4) CLOSED CORPORATION • (5) OTHER E. NAME OF ACCOUNTANT, CONTROLLER OR OTHER PERSON IN CHARGE OF FINANCIAL RECORDS: F ANNUAL INCOME FROM BUSINESS: (r) HOW OFTEN IS INCOME RECEIVED? (2) GROSS INCOME PER PAY PERIOD: _ (3) NET INCOME PER PERIOD? (4) SPECIFIED DEDUCTIONS, IF ANY: _ SECTION III: EXPENSES INSTRUCTIONS: I. ONLY SHOW EXTRAORDINARY EXPENSES IN THIS SECTION, UNLESS NO.2 APPLIES TO YOU. 2. IF YOU ARE REQUESTING SPOUSAL SUPPORT/APL OR IF YOU ASSERT YOUR CASE CANNOT BE DETERMINED ACCORDING TO THE GUIDELINE GRIDS OR FORMULA, THIS SECTION MUST BE FULLY COMPLETED. NUMBER OF PERSONS IN HOUSEHOLD AND AGES OF SAME MONTHLY EXPENSES SELF CHILDREN HOME MORTGAGE/RENT MAINTENANCE UTILITIES ELECTRIC GAS OIL _ TELEPHONE (cell) 143.00 WATER SEWER EMPLOYMENT PUBLIC TRANSPORTATION LUNCH TAXES REAL ESTATE PERSONAL PROPERTY INCOME INSURANCE HOMEOWNERS AUTOMOBILE 132.00. LIFE ACCIDENT HEALTH OTHER AUTOMOBILE PAYMENTS FUEL 325.00 REPAIRS/MAINTENANCE MEDICAL DOCTOR DENTIST ORTHODONTIST MONTHLY EXPENSES SELF CHILDREN EDUCATION PRIVATE SCHOOL _ PAROCHIAL SCHOOL _ COLLEGE _ RELIGIOUS _ PERSONAL CLOTHING 25.00 , FOOD 250.00 BARBER/HAIRDRESSIN G 10.00. CREDIT PAYMENTS _ CREDIT CARDS _ CHARGE ACCOUNT _ MEMBERSHIPS _ LOANS CREDIT UNION _ Sovereign Bank 100.00 401(k loan 648.00 MISCELLANEOUS HOUSEHOLD HELP _ CHILD CARE _ PAPERSBOOKS/MAGS _ ENTERTAINMENT _ PAY TV _ VACATION _ GIFTS LEGAL FEES 100.00 CHARITABLE CONTRIB. _ OTHER CHILD SUPPORT _ ALIMONY PAYMENTS _ OTHER Spousal support 270.00 HOSPITAL MEDICINE THERAPY SPECIAL NEEDS (GLASSES, BRACES, ORTHOPEDIC DEVICES, ETC.) TOTAL EXPENSES $2,003.00 **(CONVERSION FACTOR WEEKLY TO MONTHLY IS 4.345) Please retain these copies for your records Federal, State and Local Tax Returns for ANDREW J UNDERKOFFLER 2010 Shoffner Income Tax Service 847 Heck Hill Rd. Lewisberry, PA 17339-9142 Phone: (717)938-2666 Fax: (717) 932-2055 herbshoff@epix.net Form Department of the Treasury-Internal Revenue Service 1040A U.S. Individual Income T ax Return (99) 2010 IRS Use Only-Do not write or staple in this space. Your first name M.I. Last name Suffix OMB No. 1545-0074 Name, R Your social security number Address N UNDERKOFFLER XXX-XX-XXXX , ANDREW J and SSN T if a joint return, spouse's first name M.I. Last name Suffix Spouse's social security number c See separate L E Home address (number and street). If you have a P.O. box, see instructions. Apt. n o. . sure the SSN(s) above Make correct r li 6 instructions. a 2005 SHEEPFORD RD . c a e ne and on R L City, town or post office, state, and ZIP code. If you have a foreign address, see instructions. Checking a box below will not Presidential Y MECHANICSBURG PA 17055 d hi f change your tax or refund. ? ? You ? Spouse Election Camp . . . . un s aign ? Check here if you, or your spouse if filing jointly, want $3 to go to t . . . 1 ? Single 4 0 Head of household (with qualifying person). (See instructions.) If the Filing 2 ? Married filing jointly (even if only one had income) qualifying person is a child but not your dependent, enter this child's status Check onl 3 ? Married filing separately. Enter spouse's SSN above and name here. ? y one box. full name here.? 5 ? Qualifying widow(er) with dependent child (see instructions) Exemptions 6 a ?X Yourself. If someone can claim you as a dependent, do not check 1 Boxes J} checked on b F-1 Spouse box 6a. 6a and 6b 1 If more than six dependents, see instructions. Income c Dependents: (1) First name Last name (2) Dependent's social security number (3) Dependent's relationship to you (4) ff child under age 17 qualifying for child tax credit (see page 16) RYAN UNDERKOFFLER XXX-XX-XXXX Son d Total number of exemptions claimed. Attach 7 Wages salaries, tips, etc. Form(s) W-2 here. Also 8 a Taxable interest. Attach S attach b Tax-exempt interest. Do r Form(s) 9 a ordinary dividends. Attach 1099 R if tax b Qualified dividends (see in was withheld. 10 Capital gain distrib If you did not 11a IRA get a W-2, see distributions. page 20. 12a Pensions and Enclose, but do annuities. not attach, any payment. Also, please use Form 13 Unemployment com 1040-v. 14a Social security benefits. 15 Add lines 7 througl Adjusted Attach Form(s) W-2. dule B if required include on line 8a hedule B if requir( actions). instructions). 11a 12a and Alaska 8b 14a 14b (far riqht column). This is 11b Taxable amount (see instructions 12b Taxable amount 14b Taxable amount (see instructions r total i No. of children on 6c who: • lived with you 1 0 did not live with you due to divorce or separation (see instructions) Dependents on 6c not entered above Add numbers on lines 2 above ? 7 38 _ 8a 9a 10 _ 11b 12b 13 14b ? 15 3F 16 Educator expenses (see instructions.) 16 gross 17 IRA deduction (see instructions). 17 income 18 Student loan interest deduction (see instructions). 18 19 Tuition and fees. Attach Form 8917. 19 20 Add lines 16 through 19 These are your total adjustments. 21 Subtract line 20 from line 15. This is our adjusted gross income. For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see separate instructions. (HTA) 20 21 38,3371 Form 1040A (2010) Form 1040A (2010) ANDREW J UNDERKOFFLER XXX-XX-XXXX Tax, credits, 22 Enter the amount from line 21 (adjusted gross income). and 23a Check f ? You were born before January 2, 1946, ? Blind 1 Total boxes payments if: 1 ? Spouse was born before January 2, 1946, ? Blind J checked ? 23a b If you are married filing separately and your spouse itemizes ?_?.._a:......, .. o "In ?nri r hcrr4 hares ?23b f-1 2 24 Enter our standard deduction see instructions . 24 8,400 25 Subtract line 24 from line 22. If line 24 is more than line 22, enter -0-. 25 29,937 26 Exemptions Multiply $3,650 by the number on line 6d. 26 7,300 27 Subtract line 26 from line 25. If line 26 is more than line 25, enter -0-. This is your taxable income. ? 27 22,637 0o r ., ,. I.,A;- -, ?Ifcrnn#ivo minimum tL1Y ISP.P InStnICtIOnS). 28 2,796 29 Credit for child and dependent care expenses. Attach Form 2441. 30 Credit for the elderly or the disabled. Attach Schedule R. 31 Education credits from Form 8863, line 23. 32 Retirement savings contributions credit. Attach Form 8880. 33 Child tax credit (see instructions). 34 Add lines 29 through 33 These are your total credits. 35 Subtract line 34 from line 28. If line 34 Is more than Ilr 36 Advance earned income credit payments from Form(: 37 Add lines 35 and 36. This is your total tax. 38 Federal income tax withheld from Forms W-2 and 1099. If you have 39 2010 estimated tax payments and amount applied from 2009 return. a qualifying 40 Making work pay credit. Attach Schedule M. child, attach 41 a Earned income credit EIC . Schedule Elc b Nontaxable combat pay election. 41 b 42 Additional child tax credit Attach Form 8812. Refund Direct deposit? See instructions and fill in 46b, 46c, and 46d or Form 8888. Amount 29 30 31 32 33 28, enter -0-. W-2 box 9. 38 2,702 39 40 400 41a 42 34 35 ? 37 796 43 American opportunity credit from Form 8863, line 14. 43 44 Add lines 38, 39, 40, 41a 42, and 43. These are your total payments. ? 44 45 If line 44 is more than line 37, subtract line 37 from line 44. This is the amount you overpaid 45 46 a Amount of line 45 you want refunded to you. If Form 8888 is attached, check here?046a 306 Routing 10, b number XXXXXXXXX ?c Type: Account ? d number XXXXXXXXXXXXXXXXX 47 Amount of line 45 you want applied to your 2011 estimated tax. 47 48 Amount you owe. Subtract line 44 from line 37. For details on h --Pp inqtriiintinng to pay, ? 48 you owe 49 Estimated tax penalty (see instructions). 49 1 Third party Do you want to allow another person to discuss this return with the IRS (see instructions)??X Yes. Complete the following. ? No Designee's Phone Personal identification designee name ? Preparer no ? (717) 938-2666 number (PIN) ? XXXXX Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and accurately list all amounts and sources of income I received during the tax year. Declaration of preparer (other here than the taxpayer) is based on all information of which the preparer has any knowledge. Joint return? Your signature Date Your occupation Daytime phone number See page 13 FORKLIFT OPER 717 683-6669 Keep a copy for your Spouse's signature. If a joint return, both must sign. Date Spouse's occupation Paid Print/type preparer's name Preparer's signature Date Check ? ? if PTIN Herbert Shoffner Herbert Shoffner 4/1412011 self-employed P01245533 preparer's Firm's name ? Shoffner Income Tax Service Firm's EIN ? use only Firm's address ? 847 Heck Hill Rd. Lewisberry PA 17339-9142 Phone no. (717)938-2666 1 ? Checking ? Savings Form 1040A (2010) Form 1040A (2010) ANDREW J UNDERKOFFLER XXX-XX-XXXX Page 2 Tax, credits, 22 Enter the amount from line 21 (adjusted gross income). 22 38,337 and 23a Check f ? You were born before January 2, 1946, ? Blind Total boxes p ? aYments if: 1 ? spouse was born before January 2, 1946, ? Blind checked b, 23a b If you are married filing separately and your spouse itemizes ?-._.:__.. .. ., 1A ?nA nhcnle hcrc ?23b n 24 Enter our standard deduction see instructions). 24 8,400 25 Subtract line 24 from line 22. If line 24 is more than line 22, enter -0-. :?5 29,937 26 Exemptions Multiply $3,650 by the number on line 6d. 26 7,300 27 Subtract line 26 from line 25. If line 26 is more than line 25, enter -0-. This is our taxable income. ? 27 22,637 nn r___ :_..i...?:..a..,r....?l+erno+ivn minima inn, tav (SP? inStnlCtlOnS). 28 2,796 29 Credit for child and dependent care expenses. Attach Form 2441. 29 30 Credit for the elderly or the disabled. Attach Schedule R. 30 31 Education credits from Form 8863, line 23. 31 32 Retirement savings contributions credit. Attach Form 8880. 32 33 Child tax credit see instructions). 33 34 Add lines 29 through 33 These are your total credits. 34 35 Subtract line 34 from line 28. If line 34 Is more than line 28, enter -0-. 35 2,796 36 Advance earned income credit payments from Forms W-2 box 9. 36 37 Add lines 35 and 36. This is our total tax. ? 37 2,796, 38 Federal income tax withheld from Forms W-2 and 1099. 38 2,702 39 2010 estimated tax payments and amount applied If you have from 2009 return. 39 a qualifying 40 Makin work a credit. Attach Schedule M. 40 400 child, attach 41 a Earned income credit EIC . 41a Schedule Etc. b Nontaxable combat a election. 41 b 42 Additional child tax credit. Attach Form 8812. 42 43 American opportunity credit from Form 8863, line 14. 43 44 Add lines 38, 39, 40, 41 a, 42, and 43. These are our total payments. ? 44 3,102 Refund 45 If line 44 is more than line 37, subtract line 37 from line 44. This is the amount you overpaid. 45 306 check here?046a 306 If Form 8888 is attached ou nt refunded to 45 f li Direct 46 , . y you wa ne a Amount o deposit? See ? Routing ?c Type: ? Checking ? Savings b instructions number XXXXXXXXX and fill in Account 46b, 46c, ? d number XXXXXXXXXXXXXXXXX and 46d or 47 Amount of line 45 you want applied to your Form 8888. 2011 estimated tax 47 _ 48 Amount you owe. Subtract line 44 from line 37. For details on how to pay, Amount see instructions. ? 48 you owe 49 Estimated tax penalty (see instructions). 49 Third party Do you want to allow another person to discuss this return with the IRS (see instructions)?? Yes. Complete the following. ? No designee Designee's Phone Personal identification ? XXXXX name ? Preparer no ? (717) 938-2666 number (PIN) Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge arer (other Declaration of re ear i th t I i d d p p . ax y ur ng e ve rece and belief, they are true, correct, and accurately list all amounts and sources of income here than the taxpayer) is based on all information of which the preparer has any knowledge. Date Your occupation Daytime phone number Joint return? Your signature See page 13. FORKLIFT OPER _ 717 683-6669 Keep a copy for your Spouse's signature. If a joint return, both must sign. Date Spouse's occupation records. Paid Print/type preparer's name Preparer's signature Date Check ? ?X if PTIN Herbert Shoffner Herbert Shoffner 4/14/2011 self-employed P01245533 preparer's Firm's name ? Shoffner Income Tax Service Firm's EIN ? use only Firm's address ? 847 Heck Hill Rd. Lewisber PA 17339-9142 Phone no. (717)938-2666 Form 1040A (2010) SCHEDULE M (Form 1040A or 1040) Department of the Treasury Internal Revenue Service I Name(s) shown on return ANDREW J UNDERKO Making Work Pay Credit ? Attach to Form 1040A or 1040. ? See separate instructions. OMB No. 1545-0074 00010 Attachment Sequence No. 166 Your social security number 13 To take the making work pay credit, you must include your social security number (if filing a joint return, the number of either you or your spouse) on your tax return. A social security number does not include an identification number issued by the IRS. Only the Social Security Administration issues social security numbers. 13 You cannot take the making work pay credit if you can be claimed as someone else's dependent or if you are a nonresident alien. Important: Check the "No" box on line 1a and see the instructions if: (a) You have a net loss from a business, (b) You received a taxable scholarship or fellowship grant not reported on a Form W-2, (c) Your wages include pay for work performed while an inmate in a penal institution, (d) You received a pension or annuity from a nonqualified deferred compensation plan or a nongovernmental section 457 plan, or (e) You are filing Form 2555 or 2555-EZ. 1 a Do you (and your spouse if filing jointly) have 2010 wages of more than $6,451 ($12,903 if married filing jointly)? Yes. Skip lines 1 a through 3. Enter $400 ($800 if married filing jointly) on line 4 and go to line 5. No. Enter your earned income (see instructions) . . . . . . . . . 1a b Nontaxable combat pay included on line 1 a (see instructions) . . . . . . . lb 2 Multiply line 1 a by 6.2% (.062) . . . . . . . . . . . . . . . . . . ? 2 3 Enter $400 ($800 if married filing jointly). . . . . . . . . . . . . . 1 3 4 Enter the smaller of line 2 or line 3 (unless you checked "Yes" online 1a) . . . . . . . . . . 5 Enter the amount from Form 1040, line 38", or Form 1040A, line 22 . . . 5 38 6 Enter $75,000 ($150,000 if married filing jointly) . . . . . . . . . . . 6 L 75 7 Is the amount on line 5 more than the amount on line 6? FX No. Skip line 8. Enter the amount from line 4 on line 9 below. Yes. Subtract line 6 from line 5 . . . . . . . . . 7 8 Multiply line 7 by 2% (.02) . . . . . . . . 9 Subtract line 8 from line 4. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . 10 Did you (or your spouse, if filing jointly) receive an economic recovery payment in 2010? You may have received this payment in 2010 if you did not receive an economic recovery payment in 2009 but you received social security benefits, supplemental security income, railroad retirement benefits, or veterans disability compensation or pension benefits in November 2008, December 2008, or January 2009 (see instructions). ?X No. Enter -0- on line 10 and go to line 11. [-] Yes. Enter the total of the payments you (and your spouse, if filing jointly) received in 2010. Do not enter more than $250 ($500 if married filing jointly) . . . . . . . . . . 4 8 9 400 11 Making work pay credit. Subtract line 10 from line 9. If zero or less, enter -0-. Enter the result here and on Form 1040, line 63; or Form 1040A, line 40 . . . . . . . . . . . . . . . . . . 11 400 `If you are filing Form 2555, 2555-EZ, or 4563 or you are excluding income from Puerto Rico, see instructions. For Paperwork Reduction Act Notice, see your tax return instructions. Schedule M (Form 1040A or 1040) 2010 (HTA) I XXXXXXXXX UNDERKOFFLER ANDREW 2005 SHEEPFORD RD MECHANICSBURG 717-683-6669 1000118016 1 PA-40 - 2010 Pennsylvania Income Tax Return ENTER ONE LETTER OR NUMBER IN EACH BOX. Do Not Use Your Preprinted Label J Occupation FORKLIFT 0 Occupation PA 17055 21900 la Gross Compensation. Do not include exempt income, such as combat zone pay and qualifying retirement benefits. See the instructions. lb Unreimbursed Employee Business Expenses. 1c Net Compensation. Subtract Line 1b from Line 1a. N Extension. N Amended Return. R Residency Status. PA Resident/Nonresident/Part-Year Resident from to S Single/Married, Filing Jointly/Married, Filing Separately/Final Retum/Deceased Date of death N Farmers. School District Name W E S T S H 0 R E 2 Interest Income. Complete PA Schedule A if required. 3 Dividend and Capital Gains Distributions Income. Complete PA Schedule B if required. 4 Net Income or Loss from the Operation of a Business, Profession or Farm. 5 Net Gain or Loss from the Sale, Exchange or Disposition of Property. 6 Net Income or Loss from Rents, Royalties, Patents or Copyrights. 7 Estate or Trust Income. Complete and submit PA Schedule J. 8 Gambling and Lottery Winnings. Complete and submit PA Schedule T. 9 Total PA Taxable Income. Add only the positive income amounts from Lines 1 c, 2, 3, 4, 5, 6. 7 and 8. DO NOT ADD any losses reported on Lines 4, 5 or 6. 10 Other Deductions. Enter the appropriate code for the type of deduction. N See the instructions for additional information. 11 Adjusted PA Taxable Income. Subtract Line 10 from Line 9. 1a 38337 1b 0 1C F 38337 2 0 3 0 4 0 5 0 6 0 7 0 8 0 9 38337 10 0 11 38337 EC Page 1 of 2 FC 1000118016 ?? ????? ?? 1000118016 J PA-40 - 2010 1000218022 Social Security Number XXXXXXXXX Name(s) UNDERKOFFLER ANDREW J 12 PA Tax Liability. Multiply Line 11 by 3.07 percent (0.0307). 13 Total PA Tax Withheld. See the instructions. 14 Credit from your 2009 PA Income Tax return. 15 2010 Estimated Installment Payments. 16 2010 Extension Payment. 17 Nonresident Tax Withheld from your PA Schedule(s) NRK-1. (Nonresidents only) 18 Total Estimated Payments and Credits. Add Lines 14, 15, 16 and 17. Tax Forgiveness Credit. Submit PA Schedule SP. 19a Filing Status: 01 Unmarried or Separated 02 Married 03 Deceased 19b Dependents, Part B, Line 2, PA Schedule SP 20 Total Eligibility Income from Part C, Line 11, PA Schedule SP. 21 Tax Forgiveness Credit from Part D, Line 16, PA Schedule SP. 22 Resident Credit. Submit your PA-Schedule(s) G-R with your PA Schedule(s) G-S, G-L and/or RK-1. 23 Total Other Credits. Submit your PA Schedule OC. 24 TOTAL PAYMENTS and CREDITS. Add Lines 13, 18, 21, 22 and 23. 25 TAX DUE. If Line 12 is more than Line 24, enter the difference here. 26 Penalties and Interest. See the instructions. Enter Code: If including form REV-1630/REV-1630A, mark the box. T 27 TOTAL PAYMENT DUE. See the instructions. 28 OVERPAYMENT. If Line 24 is more than the total of Line 12 and Line 26, enter the difference here. The total of Lines 29 through 35 must equal Line 28. 29 Refund - Amount of Line 28 you want as a check mailed to you. Refund 30 Credit - Amount of Line 28 you want as a credit to your 2011 estimated account. 31 Amount of Line 28 you want to donate to the Wild Resource Conservation Fund. 32 Amount of Line 28 you want to donate to the Military Family Relief Assistance Program. 33 Amount of Line 28 you want to donate to the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund. 34 Amount of Line 28 you want to donate to the Juvenile (Type 1) Diabetes Cure Research Fund. 35 Amount of Line 28 you want to donate to the PA Breast Cancer Coalition's Breast and Cervical Cancer Research Fund. Signature(s). Under penalties of penury, I (we) declare that I (we) have examined this return, including all accompanying schedules and statements, and to the best of my (our) belief, they are true, correct, and complete. Your Signature I Spouse's Signature, if filing jointly Preparer's Name and Telephone Number Shoffner Income Tax Service Date L. 12 1177 13 1177 14 0 15 0 16 0 17 0 18 0 19a 00 19b 00 20 0 21 0 22 0 23 0 24 1177 25 0 26 0 27 0 28 0 29 0 30 0 31 0 32 0 33 0 34 0 35 0 E-File Opt Out 0414111 Firm FEIN (717)938-2666 I Preparer's SSN/PTIN XXXXXXXXX Page 2 of 2 10002180.22 1000218022 1 1001910023 PA SCHEDULE W-2S Wage Statement Summary PA-40 Schedule W-2S 201 0 09-10 I OFFICIAL USE ONLY Summary of PA Taxable Employee, Non-employee and Miscellaneous Compensation Name shown first on the PA-40 (if filing jointly) Social Security Number (shown first) ANDREW J UNDERKOFFLER X)()(-X(-XXXX Use this schedule to list and calculate your total PA taxable compensation and PA tax withheld from all sources. Part A Instructions: List each Federal Form W-2 for you and your spouse, if married, received from your employer(s). In the first column enter T for the taxpayers Social Security Number that appears first on the PA tax return and enter S for the second or spouse SSN. From the Forms W-2, enter each employer's federal identification number. Enter the amounts from the Forms W-2 in each column. IMPORTANT: You do not have to submit a copy of your Form W-2 if you earned all your income in Pennsylvania and your employer reported your PA wages correctly and withheld the correct amount of PA income tax. You must submit a copy of your Form W-2 in certain circumstances. See the PA Schedule W-2S instructions for a list of when a copy of a W-2 is required. Part B Instructions: List each source of income received during the taxable year on a form or statement other than a Federal Form W-2. Enter each payers name. List the payment type that most closely describes the source of your non-employee compensation. Enter the amount of other compensation that you earned. If the form or statement does not have separately stated amounts, enter the amount shown in both Federal and PA columns. IMPORTANT: You must submit a copy of each form and statement that you list in Part B, whether or not the payer withheld any PA income tax and regardless of whether or not the income was taxable in PA. CAUTION: The federal and Pennsylvania (state) wages may be different in Part A and Part B. If ed more s ace ou may photocopy this schedule or make your own schedules in this format. you ne p , y Part A - Federal Forms W-2 TIS Employer's identification number from Box b Federal wages from Box 1 Medicare wages from Box 5 PA compensation from Box 16 PA income tax withheld from Box 17 T XX-XXXXXXX 38,337 38,337 38,337 7 1,17 Total Part A- Add the Pennsylvania columns 38 337 7 1,17 Part B - Miscellaneous and Non-employee Compensation from Federal Forms 1099-11, 1099-MISC and other statements YOU MUST SUBMIT COPIES OF EACH FORM OR STATEMENT LISTED IN THIS PART A. T/S B. Type C. Payer name D. 1099R code E. Total federal amount F. Adjusted plan basis G. PA compensatior H. PA tax withheld Total Part B - Add the Pennsylvania columns TOTAL - Add the totals from Parts A and B 38,3371 1,177 Enter the TOTALS on your PA tax return on: Line 1a _ Line 13 Payment type: A. Executor fee B. Jury duty pay C. Director's fee D. Expert witness fee E. Honorarium F. Covenant not to compete G. Damages or settlement for lost wages. other than personal injury H. Other nonemployee compensation. Describe: 1. Distribution from employer sponsored retirement, pension or qualified deferred compensation plan J. Distribution from IRA (Traditional or Roth) K. Distribution from Life Insurance, Annuity or Endowment Contracts L. Distribution from Charitable Gift Annuities 1 1001910023 1001910023 1 FORM 531 - FINAL EARNED INCOME TAX RETURN WEST SHORE TAX BUREAU PHONE: 717-761-4900 WEB SITE: WWW.WESTAB.ORG TAX YEAR 2010 ATTACH APPROPRIATE COPIES OF STATE SCHEDULES AND/OR ALL W-2'S & 1099'S _... -.-. - no Ccrnoc Boon Irth FvFni it tun TAX IS DUE OR IF ALL TAX HAS BEEN WITHHELD FULL YEAR RESIDENT YES ?X NO L] MUNICIPALITY FLER A huisband`and>wife may both 1,4 on this form, however tax CaiGUli kmo must be roporto in separate cottin'". Joint filing (combining of Income or expsnsee) Is not i?{rid l ANDREW J UNDERKO 2005 SHEEPFORD RD MECHANICSBURG PA 17055 Lower Allen Township 058 - West Shore School District IF YOU MOVED DURING THE TAX YEAR COMPLETE THE FOLLOWING M VING INFORMATION: Moved in Address Moved in Address Moved Out Moved Out Moved in Moved in Moved Out Moved Out YOU MUST Taxpayer A SS #° -XX-XXXX TIP A - NAME y TIP B - NAMEy COMPLETE Taxpayer B SS # ANDREW J UNDERK Gross Earnings from Employment: Enclose w-2s 1 1 38,337 . Allowable Non-Reimbursed Employee Business Expenses Enclose PA Sch UE 2 2 . Other Earned income Enclose 1099-MISC / 1099-R Excluding CODES 3,4 & 711099-C DIVIDENDS or CAPITAL GAINS 3 DO NOT INCLUDE INTEREST 3 . , 4. Taxable Earnings Line 1 minus Line 2 plus Line 3. CAN NOT BE < $0 4 38,337 Net Profit Attach PA Sch C, F, RK-1 and/or NRK-1 5 reverse side onl f t C P * 5 . y on ro i orp REPORT S 6. Net Loss Attach PA Sch C, F, RK-1 and/or NRK-1 on reverse side only L RT S C * 6 oss orp REPO 7. Subtotal Subtract Line 6 from Line 5 IF LESS THAN ZERO, ENTER ZERO 7 8. Total Earned Income Line 4 plus Line 7 DO NOT ROUND PAST THIS POINT 8 38,337 9. Tax Liability Line 8 multiplied by tax rate 1.45% (See instructions) 9 556 10. Earned Income Tax Withheld 10 383 11. Quarterly Estimated Payments/Credit From Previous Tax Year 11 12. Misc Credit See worksheet on back of form for calculating Philadelphia/Out of State Credit 12 13. Total of 10, 11, & 12 13 383 14. REFUND/CREDIT Subtract Line 9 from Line 13 NOTE: NO Refunds under $1.00 14 15. CREDIT TO NEXT YEAR/CREDIT TO SPOUSE Next Year ? Spouse ? 1 5 16. TAX DUE If Line 9 is greater than Line 13-Subtract Line 13 from Line 9 00 need not be paid. NOTE: Amounts Less than $1 1 6 173 . 17. Penalty after April 15th SEE INSTRUCTIONS 1 7 18. Interest after April 15th SEE INSTRUCTIONS 1 8 19. TOTAL AMOUNT DUE Line 16 plus Line 17 plus Line 18 1 9 173 MAKE CHECKS PAYABLE TO WEST SHORE TAX BUREAU. A FEE OF $20.00 WILL BE CHARGED FOR RETURNED CHECKS. I declare under penalties of perjury that I have examined this return and to the best of my knowledge and belief, it is a true, accurate and complete return. re-Taxoaver A Date Occupation E-Mail Daytime Telephc FORKLIFT OPER TaxoaverB Preparer's Name/Address (Please Print) Preparer's Telephone Herbert Shoffner 847 Heck Hill Rd Lewisberry PA 17339-9142 (717)938-2666 71 National Account 5erviaes Year To Date Earnings a mac- acv a.d i Hourly Pay,* . ; X77:•26' Overtime -.1.5x yo39'11j DD6bj6ima' 2 ..Ox ` 7 Vacation 019.017384 EXEL1 " Hol idyy P { T 00;, Floating/njetiona{y Holtddyr k?, OC *? Zncf ease y" pD:20 Lump R" .? y. ?f tin. Non-DisaaK onary'Bohus lgZ?23 472.60 . 3bU?li?. X14': Ofi 7 37AA T72 -96 2010 Em to ee's Copy C - For EMPLOYEE'S RECORDS. (See Notice to Employee back) Form W-2 Wage and Tax Statement p y Department of the Treasury-Internal Revenues Service. This information is being furnished Copy the internal Revenue Service. If you are required to file a tax return, a negligence penalty other sanction may be imposed on you if this income is taxable and you fail to report it. OMB No. 1545-0008 V ANDREW J. UNDERKOFFLER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENN SYLVANIA Plaintiff vs. NO. 09-1168 204x? x,. =-_•. C=am KAREN J. UNDERKOFFLER Defendant C a =ri' MOTION FOR APPOINTMENT OF MASTER Z C, ANDREW J. UNDERKOFFLER, _Plaintiff , moves the court to appoint a master C) wit4;jpecCM the following claims: ? ?X Divorce ?X Distribution of Property - .t- ? Annulment ? Support ?X Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has not appeared in the action (personally) (by his attorney,_ Esquire). 3. The staturory ground (s) for divorce is NO FAULT: 23 Pa.C.S. Section 3301 (c) 4. Delete the inapplicable paragraph (s): A ? B ® C ? a. The action is not contested. b. An agreement has been reached with respect to the following claims: C. The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. -MOD C= r mn The hearing is expected to take Four hours G-) 1 7. Additional information, if any, relevan x>- C) 3C ?; • -n;7' (i , * ?,: .C- Date: Alfteifo/r/Plaintiff squ ire Print Name ORDER APPOINTING MASTER AND NOW 20 17 Esquire, 1 is appointed master with re spect to the following claims: zk Q4-e -)L i . By the Court, • ?d pa R v J d B J. n ,, . ay rla errno-n ,R l ?W05 4I aren J. onderkoffler 81,8111 0 Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery Faherty Patterson 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff 0f7 " ? n) !4040 TAf- t 1111 FER 16 AM 10: 5Q IMIERLAND COUNTY PENNSYLVANIA ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. KAREN J. UNDERKOFFLER, Defendant (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.uspsxom W NO. 09-1168 CIVIL TERM IN DIVORCE PROOF OF SERVICE cO f rr U-1 Postage $ FEQEI?q I( Er Certified Fee ? ? 6 tq i Sp fT1 r a Po ark ? C3 C3 Return Receipt Fee (Endorsement Required) Z O 4ere D E3 17 Restricted Delivery Fee (Endorsement Required) j } CID O r-1 Total Postage & Fees $ 3 r-1 Q Sent To 11 ff ll ` D f ?Q ? Street, Apt. No.; - U or PO Box No. ._ -/0(oO_...?.QCClwu °. cty State, ztP+a IPn r P A J 31 ?l c' 0 W 00 j Cr r - ID Q N N 11z' 3 H m a 3 C3 C3 M E' C3 C3 E C3 = W P Ul g V E12 Y 9 I Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery Faherty Patterson 225 Market Street Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys forPlaintifl r __ '- 4' ! - 0 t'; 0TA61 L 12 APR -2 Pp, 1: j ('L't,BERLAND COUNT`' PEMNs YLVAt41 ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. NO. 09-1168 CIVIL TERM KAREN J. UNDERKOFFLER, Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301 (d) DIVORCE DECREE TO: KAREN J. UNDERKOFFLER: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after March 27, 2012, the other party can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date, the Court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATIOHN ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: 717-249-3166 Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery Faheriy Patterson 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 09-1168 CIVIL TERM KAREN J. UNDE RKOFFLER, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Karen J. Underkoffler NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. 10 Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery Faherty Patterson 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff ?FiO TA t f Z AP -2 P,m ?: 7'.'13SERLA0 COUNT, , PI- NNS YL't?ANIA ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 09-1168 CIVIL TERM r KAREN J. UNDERKOFFLER, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counter-affidavit within twenty (20) days after this Affidavit has been served on you or the allegations will be admitted. 1. A complaint in Divorce under Section 3301 (d) of the Divorce Code was filed on February 26, 2009. 2. The parties to this action separated on or about February 1, 2003 and have continued to live separate and apart for a period of at least two years. 3. The marriage is irretrievably broken. 4. 1 understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I verify that the statements in this Affidavit are true and correct. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. / ?r Date: Andrew J. Underkoffler Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery Faherty Patterson 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 09-1168 CIVIL TERM KAREN J. UNDERKOFFLER, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Karen J. Underkoffler NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. Kart R. Hildabrand, Esquire Attorney LD. No. 30102 Lavery Faherty Patterson 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Te1.• 717-233-6633 Fax: 717-233-7003 Attorneys for Plaint>tf ~~- -~ fair Pr~(77HONOTAi~'~ ZQl1 AUG ! 7 AN 11~ 18 CUMBERLAND COUNTY ~ENNSYLVAN~a ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. KAREN J. UNDERKOFFLER, Defendant CIVIL ACTION -LAW NO. 09-1168 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION PURSUANT TO Pa.R.C.P. 2056(b) FOR THE APPOINTMENT OF A GUADIAN AD LITEM FOR DEFENDANT KAREN J. UNDERKOFFLER WITH RESPECT TO THE ABOVE CAPTIONED DIVORCE ACTION 1. Plaintiff Andrew J. Underkoffler commenced the above-captioned D Action by the filing of a Complaint on February 26, 2009. 2. Plaintiff and Defendant were married on October 10, 1987 and separated on or about February 1, 2003. 3. There was one child born of the marriage, Ryan Underkoffler, born 17, 1992, who is now 19 years of age. 4. Plaintiffs Complaint sought Divorce under Section 3301(c) or Section 3301(d) of the Divorce Code and sought an order of equitable distribution pursuant to Section 3502 of the Divorce Code. r 5. Defendant Karen J. Underkoffler is not represented in the current action. 6. The Divorce Complaint was served upon the Defendant, by certified mail return receipt requested, on March 7, 2009. 7. On August 11, 2011 Plaintiff filed a Motion for Appointment of Master together with his Inventory and Income and Expense Statement. 8. On August 17, 2011 This Honorable Court signed an Order appointing E. Robert Elicker, 11, Esquire as Master in this matter. 9. On or about October 12, 2011 Plaintiff filed his Pre-Trial Statement pursuant to Pa.R.C.P. 1920.33(b). 10. On October 24, 2011 aPre-Hearing Conference was held with the D Master and the Defendant failed to appear. 11. At the Pre-Hearing Conference in October the Master suggested that the marital home be appraised and that the rental value be determined, especially since Defendant continues to reside there. In addition, the Master recommended that the Plaintiff send Interrogatories to Defendant to discover assets. 12. On November 9, 2011 counsel for Plaintiff sent Plaintiff's Interrogatories addressed to Defendant by certified mail, return receipt requested to the Defendant. 13. Plaintiff s counsel also attempted to arrange an appraisal of the marital residence but the Defendant failed to respond to correspondence from Plaintiffs cou and Plaintiffs appraiser, Mark Heckman. 14. On January 26, 2012 Plaintiffs counsel sent, by certified mail, a copy of Master's Order and notice scheduling a hearing date for February 14, 2012 at 9:00 a. It was also noted that the Defendant had ignored and not responded to the Interrogatories and had failed to cooperate with the appraiser in scheduling access to tl~e home. This mail was sent certified mail and was returned to Plaintiff's counsel marked) "return to sender unclaimed." 15. Prior to the February, 2012 hearing Plaintiff s counsel subpoenaed the Defendant, and her parents, Paul Rehm, Sr. and Dorcas Rehm. 16. On February 14, 2012 Plaintiff s counsel notified the Defendant, by mail, return receipt requested, that the Master's Hearing had been re-scheduled for March 14, 2012 at 9:00 a.m. and indicated "the earlier hearing date was continued so you would have more time to reply and/or attend." A copy of the Plaintiffs Affidavit ar Counter-Affidavit for use by the Defendant was also forwarded to the Defendant. 17. On February 29, 2012 Plaintiff s counsel's paralegal, Susan Gelber, received a phone call from Dorcas Rehm, the Defendant's mother. She was in tears was very worried that she would be arrested if she could not get Karen to the hearing. She further advised that Mr. Rehm, due to his health, would be unable to attend. Mrs. Rehm further advised that the house was not in good condition and indicated that she had used most or all of her social security check to pay the Defendant's expenses. 18. Again, on March 7, 2012 Plaintiffs counsel sent to the Defendant the of Intention to Request Entry of 3301(d) Divorce Decree and attached a Counter under Section 3301(d) of the Divorce Code for use by the Defendant. The letter concluded: "You should fill out and return the Counter-Affidavit in the self-addressed stamped envelope. It is very important that you respond and attend the hearing on March 14 as it is possible that you may lose certain marital property rights." 19. On March 14, 2012 Plaintiff and Plaintiff's counsel and Mrs. Dorcas attended the hearing/conference with the Divorce Master, Attorney Elicker. The Defendant, Karen Underkoffler, refused to appear and ignored the subpoena. 20. The Defendant failed to respond to Plaintiff s Affidavit, Counter-Affidavit Notice of Intention to Request Entry of 3301(d) Divorce Decree. 21. At the Master's Hearing discussion was held regarding the possible appointment of a guardian for Defendant Karen Underkoffler. The Master asked that Mrs. Rehm prepare a list for counsel of all of the avenues that she had pursued in attempting to obtain help for the Defendant. To date, Mrs. Rehm has not provided that list. 22. Plaintiff, and the party's adult son, believe that the Defendant is not competent to handle her own affairs and unwilling and unable to properly represent herself in the pending Divorce. 23. Plaintiff believes that a Guardian Ad Litem should be appointed to the Defendant in the pending Divorce action so that her rights are properly represented and that the matter can proceed to conclusion. 24. Plaintiff respectfully requests that This Court issue a Rule upon Defe Karen J. Underkoffler to Show Cause, if any she has, why a Guardian Ad Litem should not be appointed to represent her interests in the pending action pursuant to Pa.R.C.P. nt 2056(b}. 25. Pursuant to Rule 2056 Plaintiff has provided notice of this Petition to the Defendant, Karen J. Underkoffler, her parents, Paul Rehm, Sr. and Dorcas Rehm, and her adult son, Ryan Underkoffler. Date: r f S l?.i Respectfully submitted, Lavery Faherty Patterson ~.a ~ arl R. Hildabrand, Esquire Attomey I.D. No.: 30102 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 khildabrandCa~laverylaw.com Attomey for Plaintiff VERIFICATION I, Andrew J. Underkoffler, verify that the statements made in the foregoing for Appointment of Guardian Ad Litem are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to tfhe penalties of 18 Pa. C.S. §4904 relating to unsworn falsecation to authorities. Da#e: Andrew J. n erkoffler Kart R. Hildabrand, Esquire Attorney I.D. No. 30102 Lavery Faherty Patterson 225 Market Street, Suife 304 P. O. Box 1245 Harristwrg, PA 1710&1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff ~~ ~~ ~I;'F F ~ TFFOHQ Tq ~t ~~~ 2Q12Ai.IG 17 QP~tI: 18 ~t1M~FRLAr'~D Cpt,~FVi`r ~~r~NSr~vAr~~~ ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. NO. 09-1168 CIVIL TERM KAREN J. UNDERKOFFLER, Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff, Andrew J. Underkoffler, in the above matter. Respectfully submitted, Lavery Faherty Patterson DATE: ?~ By: arl R. Hildabrand, Esquire Atty No. PA30102 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 (telephone) (717) 233-7003 (facsimile) khildabrand@laverylaw.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law arm Lavery Faherty Patterson, certify that I served a true and exact copy of the foregoing document referenced to foregoing Entry of Appearance by First Class Mail, postage prepaid, this ~ day of August, 2012, on the following: Karen J. Underkoffler 1060 Yocumtown Road Etters, PA 17319 . Hildabrand Karl R. H' brand, Esquire Attorney L . No. 30102 Lavery Faberty Patterson 225 Market Street, Suite 304 P. 0. Box 1245 Harrisburd. PA 17108-1245 Tel: 717- 33-6633 Fax: 717- 33-7003 Attorneys or Plaintiff ANDREW J. UNDERKOFFLER, Plaintiff J .? M c 77 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. 09-1168 CIVIL TERM KAREN u. UNDERKOFFLER, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, (Karl R. Hildabrand, Esquire, of the law firm of Lavery Faherty Patterson, counsel for Andrew J. Underkoffler, hereby certify that I served a true and exact copy of Plaintiff's Petition Pursuant to Pa. R.C.P. 2056(b) for the Appointment of a Guardian Ad Litem for Defendant Karen J. Underkoffler with Respect to the Above Captioned Divorce Action, by First Class Mail, postage prepaid, this 15th day of August, 2012, on the following: Karen J. Underkoffler 1060 Yocumtown Road Etters, PA 17319 R. Hildabrand ANDREW J. UNDERKOFFLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. KAREN J. UNDERKOFFLER, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: NO. 09-1168 IN DIVORCE C n - n? CD C,) Kindly enter my appearance on behalf of the Defendant, Karen J. Underkoffler, in the above-captioned divorce proceeding. Respectfully submitted, ?ohn err aw. PC 5020 RMter RoHd SuNe 104 Medw9c9bkII9, PA 17055 PHow 717.766.4008 FAx: 717.788.4066 Dated: October 15, 2012 Q. /1I.1'?'?? J C09 MKerr Attorney I.D. # 26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Entry of Appearance," on the below-named individual in the manner indicated: First Class Mail, Postage Prepaid Karl R. Hildabrand, Esquire Lavery Faherty Patterson 225 Market Street Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 J4 144W 1oh 9Kerr, Esquire 502 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717) 766-4008 Dated: October 15, 2012 Qohn Kerr aw, PC v 5020 FUM Road SIffie 104 MedwWS 9, PA 17055 FHoNE: 717.788.4008 FAx: 717.788.4088 ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNYSLVANIA c c= cm -� No. 09-1168 -Q 3 w �� V. rn C In CIVL ACTION—LAW r; 7 in r— CD KAREN J. UNDERKOFFLER, -<—' —� Defendent IN DIVORCE c ca r DEFENDANT'S ANSWER WITH RELATED CLAIMS TO COMPLAINT IN DIVORCE AND NOW,comes Karen J. Underkoffler, by her attorney,John M. Kerr, Esquire, and John Kerr Law, P.C., and files the within Answer with Related Claims to Complaint in Divorce,the nature of which is as follows: Count I - Divorce 1. ADMITTED. 2. DENIED. Defendant's current address is 1068 Yocumtown Road, Etters,York County, Pennsylvania, 17319. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED 6. ADMITTED 7. ADMITTED. \yohn Ke,,,4—a ..PC 8, ADMITTED a 5020 Ritter Road State 104 McChardCSbUrg,PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 NEW MATTER—RELATED CLAIMS UNDER THE DOMESTIC RELATIONS CODE COUNT I—REQUEST FOR ALIMONY PEDENTE LITE, COUNSEL FEES AND EXPENSES ;x-02��wo 9. Defendant Karen Underkoffler incorporates by reference, as if fully set forth in their entirety, her answers to paragraphs 1-8 above. 10. Defendant, Karen Underkoffler is on a fixed income, receiving only social security disability benefits. 11. As a consequence, Defendant lacks the economic resources to support herself and to pay counsel fees and expenses in order to properly litigate this action. 12. Plaintiff is financially able to provide for the reasonable needs of Defendant during the remainder of this action. WHEREFORE, Defendant requests that she be awarded a reasonable sum for alimony pendent lite, counsel fees and expenses. COUNT II- REQUEST FOR AN AWARD OF ALIMONY 13. As set forth at paragraph 10-11 above, Defendant lacks the earning capacity to fully support herself through appropriate employment. 14. Defendant's sole and separate property, including the marital property subject to distribution, is insufficient to provide for her reasonable needs. 15. Plaintiff is financially able to provide for the reasonable needs of the Defendant. 01111 J<err v 5020 RIM,Road SX 104 MCCharftSbUrg,PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 WHEREFORE, Defendant requests that she be awarded a reasonable sum for alimony following the entry of a divorce decree. Respectfully submitted, Q4 )0,)4v" Jo 0 M. Kerr, Esquire Attorney I.D. 26414 John Kerr Law, P.C. 5020 Ritter Road Suite 104 Mechanicsburg, PA 17055 (717)766-4008 Dated: July 9, 2013 \/john�err�aw.PC a 5020 Ritter Road Suite 104 MechaniCSburg,PA 17055 PHONE: 717.766.4008 FAx: 71 7.766.4066 ` CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Defendant's Answer To Amended Complaint in Divorce," on the below-named individuals in the manner indicated: VIA FASCIMILE: (717)233-7003 HAND-DELIVERED Karl R. Hi|dabrond Robert E. E|iciker, || Lavery FahertyPatterson Divorce Master 225 Market Street 9 Hanover Street Suite 304 Carlisle, PA17O13 P.O. Box 1345 Harrisburg, PAl71O8-1245 Joh M. Kerr, Esquire 50/0 Ritter Road Suite 104 Mechanicsburg, PA17OS5 (717)766-4008 Dated:July 9,2013 5020 Ritter Road suite 104 Mechanicsburg,m`m55 r"v=. 717.766.4008 pA3c 717.766'4066 ' U | ���� 0 F'lLL wif F r Karl R.Hildabrand,Esquire 2013 JUL t Lavery Faherty Patterson (�t 225 Market Street,Suite 304 P.O.Box 1245 'IMBERLAND CClU14T V � Harrisburg,PA 17108-1245 PENNSYLVANIA (717)233-6633 (telephone) (717)233-7003 (facsimile) Atty No.PA30102 khildabrand@laverylaw.com Attorney for Plaintiff ANDREW J.UNDERKOFFLER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 09-1168-DV KAREN J. UNDERKOFFLER, CIVIL ACTION- LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Andrew J. U erkoffler, Defend 1L Eli-0 F F'k', Karl R.Hildabrand,Esquire + Lavery Faherty Patterson 225 Market Street, Suite 304 P.O.Box 1245 CUMBERLAND COUNTY Harrisburg,PA 17108-1245 PENNSYLVANIA (717)233-6633 (telephone) (717)233-7003 (facsimile) Atty No.PA30102 khildabrand@laverylaw.com Attorney for Plaintiff ANDREW J. UNDERKOFFLER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 09-1168-DV KAREN J. UNDERKOFFLER, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 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 divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: v� Andrew J. Und offler, Defendant ANDREW K. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBLERAND COUNTY, PENNSYLVANIA V, NO. 09-1168 n+, • ^el KAREN J. UNDERKOFFLER, : IN DIVORCEti, Defendant : CIVIL ACTION zM ; ,�: DEFENDANTOS AFFIDAVIT OF CONSENT UNDER SECTION §3301(c) & (d) OF THE DIVORCE CQDEI'' 1. A Complaint in Divorce under Section §3301(c) and (d) of the Divorce Code was filed on February 26, 2009. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. December 6, 2013 Kare J. Under Omer ANDREW K. UNDERKOFFLER, IN THE COURT OF COMMON P ,S ° Plaintiff CUMBLERAND COUNTY, PENNg.VTIk i m'= NO. 09-1168 r 4' KAREN J. UNDERKOFFLER, : IN DIVORCE µx Defendant : CIVIL ACTION r WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) and (d) OF THE DIVORCE CODE 1. I consent to 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 statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. o December 6, 2013 K ren . U rkoffler ANDREW J. UNDERKOFFLER, • IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. • NO. 09 - 1168 CIVIL ' KAREN J. UNDERKOFFLER, Sri rn Defendant IN DIVORCE " c-), - CD-, ORDER OF COURT c z'-_ -= AND NOW, this 16 day of , 2013, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on December 2, 2013, the date set for a Master' s hearing, the agreement and stipulation having been transcribed and signed by the parties, 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 and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, • Kevin . Hess, P.J. cc: �' Karl R. Hildabrand Attorney for Plaintiff /Lc/ohn M. Kerr Attorney for Defendant COr 1.£S / ' ,41 lcL ANDREW J. UNDERKOFFLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. E4 - ,3 � > KAREN J. UNDERKOFFLER, CIVIL ACTION - LAW 2 3 t--7 - Defendant NO. 09-1168 CIVIL TERM c'E -- r < ' THE MASTER: Today is Monday, December 2, 2013 . This is the date set for a hearing in the above-captioned proceedings . Present in the hearing room are the Plaintiff, Andrew J. Underkoffler, and his counsel, Karl R. Hildebrand, and the Defendant, Karen J. Underkoffler, and her counsel, John M. Kerr. Also present in the hearing room are two family members of the Defendant, Dorcas L. Rehm, the Defendant ' s mother, and Lucy M. Hart, the Defendant ' s aunt . Also present as well is my law clerk, Matthew Kudrick. Mr. Kerr and Mr. Hildebrand have advised that an agreement has been reached. I will go on the record after the agreement is stated on the record with some final remarks, and I will let Mr. Kerr proceed now with statement of the agreement that the parties and counsel have reached. MR. KERR: Husband, Andrew J. Underkoffler, initially filed the divorce action. This is the time for a divorce master ' s hearing that has been scheduled. The agreement would be as follows : Karen Underkoffler, the Defendant in this proceeding, retains the marital home located at 1060 Yocumtown Road, Etters, Pennsylvania, 17319 . Husband agrees to relinquish all interest he has in this property as a result of the marriage. Husband also agrees to withdraw his claim for the fair rental value during the period of time since separation when wife has been living at the residence since he left . Currently the property is free and clear of any liens including the original mortgage that was on the property. Wife and husband agree that a deed reflecting this transfer to Karen Underkoffler shall be prepared and executed by husband within 30 days of this date, which is December 2nd, 2013 . Counsel for the Defendant, Karen J. Underkoffler, shall prepare the deed and present it to counsel for husband in order for him to execute said deed. THE MASTER: And the deed will be delivered to Mr. Kerr upon execution. MR. KERR: Husband shall retain his interest in his Fidelity 401k from his former employment. Wife agrees to relinquish any marital interest that she has in said 401k. Husband agrees to pay alimony to wife in the amount of $364 . 80 from the date of any divorce decree for two years (24 months) . Said alimony shall not be modifiable . Husband agrees that wife ' s counsel shall prepare an order for Domestic Relations so that said amount 2 of alimony may be deducted from his social security disability payments on a monthly basis directly by Domestic Relations . Each party shall retain any tangible personal property that they have in their possession as of this date. MR. HILDABRAND: The additional paragraph would indicate that there was an ambulance bill incurred by Mrs . Underkoffler. The insurance check was apparently mailed to Mr. Underkoffler. He cashed the check. Mr. Underkoffler agrees to see that the ambulance bill is paid or that Ms . Underkoffler is reimbursed, whichever is more appropriate. THE MASTER: And the approximate amount of that is? MR. HILD BRAND: Twelve hundred dollars . MR. KERR: 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. 3 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 interests, rights, and claims . THE MASTER: I 'm going to go on the record now with a few remarks . The complaint in divorce was filed on February 26th, 2009, raising grounds for divorce of irretrievable breakdown of the marriage . Although there was an affidavit under Section 3301 (d) previously filed averring a separation in excess of two years, nevertheless, counsel and the parties have agreed to proceed under Section 3301 (c) of the Domestic Relations Code . Mr. Underkoffler has filed an affidavit of consent and a waiver of notice of intention to request entry of divorce decree on July 11, 2013 . Mr. Kerr indicated that he will have his client execute and will file an affidavit under Section 3301 (c) with a waiver within the next 7 days . Therefore the divorce can conclude under Section 3301 (c) of the Domestic Relations Code . The complaint in divorce raised a claim for equitable distribution. The Defendant wife filed a counterclaim for alimony on July 9, 2013 . Both of the economic claims have been addressed in the foregoing agreement . The agreement that Mr. Kerr and Mr. Hildebrand have placed on the record by stipulation is the final 4 agreement of the parties resolving all claims in this action. The agreement is going to be transcribed and the parties and counsel return later this morning to review for typographical errors, and those corrections can be made if necessary. However, no substantive changes can be made . The agreement as stated on the record is considered the agreement of the parties, even though there is no subsequent signing. However, the Master is going to ask the parties to return later this morning to review the agreement and then sign affirming the terms of settlement as stated on the record. The parties are bound by this agreement when they leave the hearing room today. The parties were married on October 10, 1987, and separated on or about February 1, 2003 . They are the natural parents of one emancipated child. Now, Mr. Underkoffler, you've been present during the statement of the agreement on the record, correct? MR. UNDERKOFFLER: Yes . THE MASTER: Do you understand the agreement? MR. UNDERKOFFLER: Yes . THE MASTER: And are you willing to resolve the economic claims in this action based on the agreement that ' s stated on the record? MR. UNDERKOFFLER: Yes . THE MASTER: And you understand that when you 5 leave this hearing room today, you' re bound by the agreement? MR. UNDERKOFFLER: Yes . THE MASTER: You also understand you' re going to come back a little later this morning and review the agreement that ' s been drafted and sign it affirming the settlement? MR. UNDERKOFFLER: Yes . THE MASTER: Mrs . Underkoffler, have you been present during the statement of the agreement on the record? MRS . UNDERKOFFLER: Yes . THE MASTER: Do you understand the agreement? MRS . UNDERKOFFLER: Yes . THE MASTER: And are you willing to accept the agreement as a final settlement of all issues raised in this divorce? MRS . UNDERKOFFLER: Absolutely. THE MASTER: And you understand that you' re bound by this agreement when you leave the hearing room today? MRS . UNDERKOFFLER: Yes . THE MASTER: And you' re going to come back a little later this morning and sign the agreement affirming the settlement and complete the proceedings? MRS . UNDERKOFFLER: Yes . 6 THE COURT: All right. Thank you very much. We ' ll see you back here at 11 : 15 . i 1 /// / Andrew 4 Li or ' hi*" r 0/ " J. U 4erkoffler `�/ Karen S nderkof /Or ____C.) /- K. R. Hildakbr.nd Jo t M. Ketr Counsel for Plaintiff Counsel for Defendant 7 :r : i, i- ‘ 04.- „ '3OEC /8 pm 3. Karl R.Hildabrand,Esquire 09 Lavery Faherty Patterson („� 2 5 Box 12St eet,Suite 304 P�"NSYW ANIA rY Harrisburg,PA 17108-1245 (717)233-6633(telephone) (717)233-7003(facsimile) Atty No.PA30102 khildabrand @laverylaw.com Attorney for Plaintiff ANDREW J. UNDERKOFFLER, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-1168-DV KAREN J. UNDERKOFFLER, : 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: The Defendant, Karen J. Underkoffler, was served by Certified Mail, Return Receipt Requested, on March 7, 2009. Acceptance of Service was filed on February 16, 2012. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: By Plaintiff: July 11, 2013 and Filed: July 11, 2013; By Defendant: December 6, 2013 and Filed December 6, 2013. 4. Related Claims pending: None. All claims resolved by Marital Settlement Agreement placed on the record with the Divorce Master, E. Robert Elicker, Esquire, on December 2, 2013 and signed by the parties on December 2, 2013, which will be incorporated but not merged into the Final Divorce Decree. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 11, 2013. Date Defendant's Waiver of Notice in &3301(c) Divorce was filed with the Prothonotary: December 6, 2013. Respectfully submitted, LAVERY FAHERTY PATTERSON � Date: /2-/ (3 ' (-> By � - K . Hildabrand, Esquire Attorney I.D. No. 30102 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 (717) 233-6633 Telephone (717) 233-7003 Facsimile khildabrand@laverylaw.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm Lavery Faherty Patterson, hereby certify that I served a true and exact copy of the foregoing Praecipe to Transmit Record by First Class Mail, postage prepaid, this day of December, 2013, on the following: John M. Kerr, Esquire John Kerr Law, PC 5020 Ritter Road, Suite 104 Mechanicsburg, PA 17055 1 n - _ �1✓ - Karl . Hildabrand • IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, PENNSYLVANIA ANDREW J. UNDERKOFFLER • • V. • • KAREN J. UNDERKOFFLER • NO. 09-1168 DIVORCE DECREE AND NOW, _)e.44 Ac' s b , zo '3 , it is ordered and decreed that ANDREW J. UNDERKOFFLER , plaintiff, and KAREN J. UNDERKOFFLER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marital Settlement Agreement of the parties dated December 2, 2013 is incorporated but not merged herein. By the Court, • _ Atte- ' J. Prothonotary C eoptf rnai led 4o Ida brand .o eew CON pro le -fo(MI k'Nrr • IAd`/eS