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HomeMy WebLinkAbout04-26180 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. NO. 04- ) &lg? Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply 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 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. 2 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. NO. 04- Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - DIVORCE COMPLAINT IN DIVORCE Count I - Divorce 1. Plaintiff is Ellen H. Biederman who currently resides at 3165 Mountview Road, Columbus, Ohio 43221 since in or around April 4, 2004. 2. Defendant is Howard W. Biederman who currently resides at 19 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania 17013 since in or around August, 1999. 3. The parties have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on August 30, 1976 in Columbus, Ohio. 5. There have been no prior actions for divorce or annulment between the parties. 6. The grounds for divorce are that the marriage is irretrievably broken, and that Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Wherefore, Plaintiff requests the Court to enter a divorce decree under sections 3301(c) and 3301(a)(6) of the Divorce Code. Count II - Equitable Distribution 8. Plaintiff incorporates by reference paragraphs 1 through 7. 9. During the marriage, Plaintiff and Defendant acquired real and personal property. 10. The parties also acquired certain debts and obligations. Wherefore, Plaintiff requests the Court to enter an Order equitably dividing all the marital property and the marital liabilities. Count III - Alimony 11. Plaintiff incorporates by reference paragraphs 1 through 7. 12. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through employment. 13. Defendant has sufficient assets and income to provide continuing support for Plaintiff. Wherefore, Plaintiff requests the Court to enter an Order granting her alimony. Count IV - Alimony Pendente Lite, Counsel Fees, Costs and Expenses 14. Plaintiff incorporates paragraphs by reference paragraphs 1 through 7. 2 15. Plaintiff lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through employment. 16. Defendant has sufficient assets and income to provide continuing support for Plaintiff. 17. Plaintiff has retained counsel to pursue this action and has agreed to pay her attorney a reasonable fee. 18. Plaintiff lacks sufficient funds to meet the costs and expenses of pursuing this action, including counsel fees and, if necessary, the costs to retain experts to value the marital assets. 19. Defendant has sufficient assets and income to provide alimony pendente lite, counsel fees, costs and expenses for Plaintiff. Wherefore, Plaintiff requests the Court to enter an Order awarding her alimony pendente lite, counsel fees, costs and expenses. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: 3 VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the Penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. FCC..J 'a Ellen H. Biederman Date: June 1 2004 E.i ,? ?, ?. ?. ? ? ? ??? ? v. `S ?. `? ?(1 ? i ? ? ? ? r ? `? '1 1 `?'? 1 c_: ? L,? _:_ ?, -? I - O Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUN I Y, F'LINNJYLVAIVIH ELLEN H. BIEDERMAN Plaintiff V. NO. 04-2618 Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce. I certify that I am authorized to accept service on behalf of defendant. Jea Costopoulos, Esquire Date: June 29, 2004 a ? ? 1fJ??' ? - j?? ?i t' i ? R ???,. ? ' ` ' C_ N -i IV r? { HOWARD W. BIEDERMAN COUNTERCLAIM PLAINTIFF V. ELLEN H. BIEDERMAN COUNTERCLAIM DEFENDANT IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA CIVIL ACTION LAW NO: 04••,???P COUNTERCLAIM IN DIVORCE AND NOW comes the Counterclaim Plaintiff, Howard W. Biederman, by and through his attorney, David F. Tamanini, Esquire, and files this Counter Claim in Divorce and in support thereof avers the following. COUNT I - DIVORCE 1. The Counterclaim Plaintiff is Howard W. Biederman, who currently resides at 19 Tiffany Drive, Carlisle, Cumberland County, Pennsylvania 17013/ 2. The Counterclaim Defendant is Ellen H. Biederman, who currently resides at 3165 Mountview Road, Columbus, Ohio 43221. 3. The marriage is irretrievably broken. 4. The Counterclaim Defendant has committed willful and malicious desertion and absence from the habitation of the injured and innocent Counterclaim Plaintiff without a reasonable cause, since April 3, 2004. 5. The Counterclaim Plaintiff has been advised that counseling is available and that Counterclaim Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 7. The Counterclaim Plaintiff incorporates by reference Paragraphs 1 through 16 of the Counterclaim as though more fully set forth herein. 8. The parties own marital property as that term is defined in Section 3501 of the Divorce Code. WHEREFORE, pursuant to Section 3502 of the Divorce Code, Counterclaim Plaintiff requests this Honorable Court to equitably divide, distribute or assign the marital property between the parties. Respectfully Submitted, David F. Ta anini, Esquire 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 Attorney ID No. 27775 VERIFICATION I verify that the statements made in this Complaint sire true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.Section 4904, relating to unsworn falsification to authorities. Date: WARD BIEDERMAN r O STl\;? V) l?- N N N I TO MIIX J ffi ld 'E FEB - I " ??11J5i ELLEN H. BIEDERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION HOWARD W. BIEDERMAN, PACSES NO. 844'106833 Defendant DOCKET NO. 946 SUPPORT 2004 ELLEN H. BIEDERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION HOWARD W. BIEDERMAN, PACSES NO. 818107083 Defendant DOCKET NO. 04-2618 CIVIL INTERIM ORDER OF COURT AND NOW, this 1s` day of February, 2005, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. For the period of October 18, 2004 through November 30, 2004 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his three children, David V. Biederman, born March 14, 1987, Joseph H. Biederman, born October 14, 1991, and Samuel W. Biederman, born January 7, 1996, the sum of $1,539.00 per month. B. For the period of December 1, 2004 through December 31, 2004 the Defendant shall pay to the Pennsylvania State Collecton and Disbursement Unit for the support of his two children, Joseph H. Biederman and Samuel W. Biederman, the sum of $1,562.00 per month. C. Effective January 1, 2005 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for said two children the sum of $1,496.00 per month. D. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit an additional sum of $50.00 per month on arrearages, any are due, until paid in full. E. Both parties shall continue to provide health insurance coverage for the benefit of said children as is provided through their respective employers at a reasonable cost. F. Effective October 18, 2004 the Defendant shall pay 68% of the unreimbursed medical expenses incurred by said children as that term is defined in Pa. R.C.P. 1910.16-6(c). Said obligation is reduced to 54% of said expenses effective January 1, 2005. G. The Defendant shall pay costs and fees totaling $35.00 to the Cumberland County Domestic Relations Office within 30 days of this order if said costs and fees have not heretofore been paid. H. The Plaintiff's claim for alimony pendente lite is denied. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. e Court., ?yt Kevin A. Hess, J. Cc: Ellen H. Biederman Howard W. Biederman Theresa Barrett Male, Esquire For the Plaintiff David F. Tamanini, Esquire For the Defendant DRO ELLEN H. BIEDERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION HOWARD W. BIEDERMAN, PACSES NO. 844106833 Defendant DOCKET NO. 946 SUPPORT 2004 ELLEN H. BIEDERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION HOWARD W. BIEDERMAN, PACSES NO. 818107083 Defendant DOCKET NO. 04-2618 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on January 25, 2005, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Ellen H. Biederman, who resides at 3178 Kenyon Road, Columbus, Ohio. 2. The Defendant is Howard W. Biederman, who resides at 19 Tiffany Drive, Carlisle, Pennsylvania. 3. The parties were married on August 30, 1976. 4. The parties separated in April, 2004 when the Plaintiff moved from the marital residence. 5. The parties are the parents of three minor children, David V. Biederman, born March 14, 1987, Joseph H. Biederman, born October 14, 1991, and Samuel W. Biederman, born January 7, 1996.1 6. On June 10, 2004 the Plaintiff filed a complaint in divorce which included therein a claim for Alimony Pendente Lite. 7. On October 18, 2004, the Plaintiff filed a complaint for spousal support and child support .2 i Two older cHdren, Laura and Lisa, are emancipated. 6 W-1 8. David Biederman resided in the Plaintiff's household through November 30, 2004. He is currently residing with his sister, Laura. 9. Joseph and Samuel Biederman continue to reside in the Plaintiffs household. 10. David, Joseph and Samuel were home-schooled by the Plaintiff prior to the separation of the parties. 11.The Plaintiff continued to home-school the children after her relocation to Ohio. 12. Joseph and Samuel were enrolled in public school in January, 2005. 13.The Plaintiff has been a registered nurse since 1976. 14. Historically the Plaintiff worked part-time as a nurse throughout the marriage, although she had brief periods of full-time employment. 15. Prior to the separation the Plaintiff was employed by Pinnacle Health Hospitals at Harrisburg Hospital where she earned $26.26 per hour. 16. In August, 2004 the Plaintiff obtained employment in Ohio at Riverside Methodist Hospital where she is paid $34.09 per hour plus $4.75 per hour for evening shift differential. 17. The Plaintiff works two evening shifts per week. 18. The Plaintiff has paid her emancipated daughter, Lisa, $75.00 per evening to provide childcare for Joseph and Samuel commencing in mid-December. 19. Prior to his leaving the Plaintiffs residence, David provided supervision for his brothers during the evenings when his mother worked. 20. Full-time nursing positions are available at Riverside Methodist Hospital on the evening shifts.3 21. As a part-time employee the Plaintiff pays $168.25 bi-weekly for health insurance coverage on herself, her husband, her three sons, and her daughter, Lisa, who is a college student. 2 At the hearing held January 25, 2005 the Plaintiff withdrew her claim for spousal support and elected to proceed on her claim for alimony pendente lite. The parties stipulated that the effective date of the Defendant's APL obligation, if one existed, would be the hearing date. 3 Full-time positions are a minimum of 32 hours per week at Riversidie Methodist Hospital. 22. The cost for said coverage would decrease by approximately $53.00 bi-weekly for full-time employment. 23. The Plaintiff provided health insurance coverage through her employment with Pinnacle Health prior to the separation. 24. The Plaintiff intends to file her federal income tax return for tax year 2004 as head of household claiming her three sons as dependency exemptions. 25. The Defendant is employed as an IT consultant by Computer Aid, Inc. on a contract with the Pennsylvania Department of Public Welfare. 26. The Defendant is paid $7,500.00 per month, but any time taken off work is without pay. 27. The Defendant's gross income in 2004 was $87,535.71. 28. The Defendant pays $118.80 per month for health insurance coverage on himself, his wife, his three sons, and his daughter, Lisa. 29. The Defendant will file his 2004 federal tax return as married/separate. 30. The parties' daughter, Laura, has offered to assist with the childcare for Joseph and Samuel at no cost to the parties, but her schedule precludes her from providing full-time childcare. 31. The Plaintiff's mother, whose residence adjoins that of the Plaintiff, has assisted with childcare. DISCUSSION Both parents must contribute to the support of their children in accordance with their relative incomes and ability to pay. De v. Holland, 636 A.2d. 204 (Pa. Super. 1994). In determining a party's ability to support a child, the focus is on his or her earning capacity, not on actual earnings. Mooney v. Doutt, 766 A.2d. 1271 (Pa. Super. 2001). A parent's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition; and training. Riley v. Foley, 783 A.2d. 807 (Pa. Super. 2001). The Plaintiff is a registered nurse who historically throughout the marriage has worked part-time. Most recently prior to the separation she worked two days per week at Harrisburg Hospital. Historically the Plaintiff has home-schooled the children. Since moving to Ohio the Plaintiff has continued throughout 2004 to work only two evening shifts per week and to home-school her sons. Two significant changes have occurred since the move to Ohio, however. The oldest son, David, has moved from his mother's household and now resides with his older sister, and the two younger children, Joseph and Samuel, have been enrolled in public school as of the beginning of January, 2005. Although the Plaintiff has not yet obtained full-time employment, she admits that nothing precludes her from doing so. Full-time hours are available on the evening shift where the Plaintiff presently works. This case involves calculation of a support obligation during three periods of time. The Defendant has an obligation for the support of his three sons from the filing date of the complaint through the date David moved from the Plaintiffs household, November 30, 2004. He has an obligation for supporting his two younger sons during the month of December, 2004 when they were home- schooled and the Plaintiff worked part-time. And lastly, he has an obligation for supporting his two younger sons commencing January 1, 2005 with the Plaintiff imputed with a full-time earning capacity. The Defendant had average gross monthly income in 2004 of $7,295.00. Filing his federal income tax return as married/separate would result in net monthly income of $4,995.00 for support purposes.' Working part-time with an average gross monthly income of $2,693.00,5 and filing her federal income tax return as head of household with three children claimed as dependency exemptions, the Plaintiff has net monthly income for support purposes of $2,359.00.6 With combined net monthly income of $7,354.00, the basic support requirement for the three children is $2,111.00 per month.' The Defendant's proportionate share of that amount is $1,434.00. After an adjustment for health insurance premiums paid by both parties, the Defendant's monthly support obligation is $1,539.00.6 After David's departure from the Plaintiff's residence, the basic support requirement for Joseph and Samuel commencing December 1, 2004 is $1,795.00.9 The Defendant's proportionate share of that amount is $1,219.00. The Plaintiff incurred childcare expenses in December. In mid-month she began paying her daughter, Lisa, $75.00 per night to supervise her 13 and 9 year old 4 See Exhibit "A" for deductions from gross income. 5 The Plaintiff's income is based upon working 16 hours per week at `638.84 per hour, which includes a shift differential. 6 See Exhibit "A' for deductions from gross income. The tax rates for Ohio were utilized to calculate the Plaintiffs net monthly income. See Pa. R.C.P. 1910.16-3. s See Exhibit "B" for the guideline calculation. Historically both the Plaintiff and Defendant have provided health insurance coverage for the children. Only the portion of the premiums for the minor children have been allocated between the parties in computing the support obligation. Maher v. Maher, 835 A .2d. 1281 (Pa. 2003). 9 See Pa. R.C.P. 1910.16-3. sons for two evenings per week. Adjusting the support obligation for childcare and health insurance results in a monthly support obligation for the two children in December of $1,562.00.10 In January both Samuel and Joseph were enrolled in public school. Although she continues to work part-time, there is no impediment to the Plaintiffs working a full-time schedule, which in her place of employment is 32 hours (four shifts) per week. Full-time employment is available on the evening shift which she currently works. An earning capacity of $1,243.00 per week, or $5,386.00 per month, will be imputed to her effective January 1, 2005. With gross monthly income of $5,386.00 and filing her federal income tax return as head of household with two children claimed as dependency exemptions," her net monthly income is $4,248.00.'2 With combined net monthly income of $9,242.00, the basic support requirement for two children is $2,140.00.13 The Defendant's proportionate share of that amount is $1,156.00. The Plaintiff has argued that if she works four evenings per week instead of two, her childcare expenses will double to $300.00 per week. The testimony revealed, however, that the parties', daughter, Laura, is agreeable to assisting with the supervision of her younger brothers at no cost to the Plaintiff. Also to be considered is the fact that the Plaintiff's mother is her neighbor. The children's grandmother has been available to assist with supervision of the children. Pa. R.C.P. 1910.16-6(a) provides that "reasonable" childcare expenses are to be shared by the parties. Under the circumstances of this case $150.00 per week is considered to be a reasonable childcare expense for the purposes of computing the Defendant's child support obligation. After adjusting the obligation for childcare and health insurance, the Defendant's support obligation for his two younger sons is $1,496.00 effective January 1, 2005.14 The Plaintiff has filed a claim for alimony pendente lite. The parties have stipulated that if an obligation to pay APL exists, the effective date of that obligation would be January 25, 2005. Calculation of an APL obligation is performed in the same manner as that of a spousal support obligation.15 Because the difference between the Defendant's net monthly income and his child support obligation is less than the Plaintiff's net monthly income/earning capacity, the Defendant would have no financial obligation to pay alimony pendente lite to the Plaintiff. ° See Exhibit "C" for the guideline calculation. The dependency exemption for David for tax year 2005 has not been determined. His sister, Laura, with whom he resides, is eligible to claim him as a dependent for tax purposes. 12 See Exhibit "D" for the deductions from gross income. " See Pa. R.C.P. 1910.16-3. 14 See Exhibit "E" for the guideline calculation. " See Pa. R.C.P. 1910.16-4(a). RECOMMENDATION A. For the period of October 18, 2004 through November 30, 2004 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his three children, David V. Biederman, born March 14, 1987, Joseph H. Beiderman, born October 14, 1991, and Samuel W. Biederman, born January 7, 1996, the sum of $1,539.00 per month. B. For the period of December 1, 2004 through December 31, 2004 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for the support of his two children, Joseph H. Biederman and Samuel W. Biederman, the sum of $1,562.00 per month. C. Effective January 1, 2005 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for said two children the sum of $1,496.00 per month. D. The Defendant shall pay to the Pennsylvania State; Collection and Disbursement Unit an additional sum of $50.00 per month on arrearages, any are due, until paid in full. E. Both parties shall continue to provide health insurance coverage for the benefit of said children as is provided through their respective employers at a reasonable cost. F. Effective October 18, 2004 the Defendant shall pay 68% of the unreimbursed medical expenses incurred by said children as that term is defined in Pa. R.C.P. 1910.16-6(c). Said obligation is reduced to 54% of said expenses effective January 1, 2005. G. The Defendant shall pay costs and fees totaling $35.00 to the Cumberland County Domestic Relations Office within 30 days of this order if said costs and fees have not heretofore been paid. H. The Plaintiff's claim for alimony pendente lite is denied. it? I Zoos Date Michael R. Rundle Support Master SupportCa1C2004 EXHIBIT "A" In the Court of Common Pleas of Cumberlancl County, Pennsylvania 4. 5. 9. Less G Benefit L 10. Basic Income on I d or $4,994.58 $2,358.98 $7,353 56 .. $2,111.00 92 I- 1910.16-4 (C) (# 17. Adjustment for Additional Expenses Rule 1910.16-6 d 18. Total Obligation with Adjustments Line 8 minus line 9, lus Lines 10, 11,12,13 $1 538.53 19. Less Split Custod Counterclaim Rule 1910.16-4 d 20. Obligor's Support Obligation Line 14 minus Line 15 _ $1,538.53 . ,n?mnnc mrr S3. Adjustment for Excess Mortgage Payments pT wppncaure S4. Custodial Parent Spousal Support Obligation (if Applical S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if Monthly: Weekly: :1 RAR_- $354.09 sr. riaman Monthly: Weekly: S8. Total Support Amount if Deviating from Guidelines Calculation _ SupportCalc 2004 EXHIBIT "B" :::Summal'y Re rt S1. PACSES Multiple Family Adjustment S2. Spousal Support Award S3. Adjustment for Excess Mortgage Payments (If Applicable) S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if appficable) Monthly: $1.561.62 Weekly: $359.41 TAX INFORMATION Tax Method Fitcs Exemptions S6. Defendant 1040 ES Married Filaratel HE S7. Plaintiff Circular E S q S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: SupportCale 2004 EXHIBIT "C" In the Court of Common Pleas of Cumberland County, Pennsylvania SupportCak 2004 EXHIBIT "D" in the Court of Common Pleas of Cumberland County, Pennsylvania Summa Re S1. PACSES Multiple Family Adjustment S2. Spousal Support Award S3. Adjustment for Excess Mortgage Payments (If Applicable) S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) - S5. Adjusted Support Obligation I Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $1,495.61 Weekly: $344.21 TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant 1040 ES Married Filing Se aratel 1 S7. Plaintiff Circular E Sin le 3 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: SupportCalc 2004 EXHIBIT "E" In the Court of Common Pleas of Cumberland County, Pennsylvania iEB - 3 I ELLEN H. BIEDERMAN, IN THE COURT OF: COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION HOWARD W. BIEDERMAN, : PACSES NO. 8441106833 Defendant : DOCKET NO. 946 SUPPORT 2004 ELLEN H. BIEDERMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION HOWARD W. BIEDERMAN, : PACSES NO. 818107083 Defendant : DOCKET NO. 04-:2618 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Pay statements - Ohio Plaintiff's Exhibit No. 2 - Pay statements - Pinnacle Health Plaintiffs Exhibit No. 3 - Pay statement - Pinnacle Health Plaintiff's Exhibit No. 4 - Income and expense statement Plaintiff's Exhibit No. 5 - Average monthly budget for Defendant Defendant's Exhibit No. 1 - Pay statement Defendant's Exhibit No. 2 - Medical insurance information cc3)) ,TON-24-2005 07:48 PM ;1187 Denbaon Avc CotoMbna, OH 42201 P.02 ••_?° -" Advlx Data 001/2005 e.,. n.d Dsf?01/15/200! IDIVI H. BiadarmM 11?ab •---- - marlnf 9178KrnyonRd. 4Patannlf: 01052100•Modlclne-A1WW%J=fi: oca[ion: Rlvcnide ptedfodla H0lpiul Addl, Pct.: colambua ON 43221 Title Suff RN e. s :*•u n M ---- •••• C ---- Ueretiotnn a ' U n Curtml YTD kegaNr '141810000 1135.76 60.7s 2jr/097 Fed wi8fh oldng IM.26 dd396 Shift 2 EveNng 4,750000 90.00 142,30 69.13 299.96 red MED/EE 1835 43,17 Shift 3 Ntghr 4.750000 0.75 3561 1.25 5JN Fed OASDI/EE 7848 184,60 Shift 2 + Weekend 9.500000 550 3217 14M 133.00 OH Widlhotdut 42.70 108.39 Holiday pay 000 6A[1 218.18 OR COLUMBUS WlWheldng 2532 39,55 Holiday I'milatn Pay 0.00 90) 48734 Shift $ + Weekend 0.00 0150 ., 4,17 TAP Aadorbed 0,00 2,15 9335 Teul: 77..50 1 07 „ k0 - 3 13.89 1'0 33 1 g3 b7 doe 'unrnn YTD Dca"Woo M Curnan 'r'fb Oea,Ri lien [:a[Rnl Y'f13 PCA Medical - 133.[91 266.00 Onap TM fit. 3.42 6A4 Dental 2010 40A0 AD&D (PaWnaf Aec. IRS.) 415 8.10 Vidon Sewim PWl 15.25 30M Depwdat Ufoinmmnce 139 276 Lee$'term nimbility 6.85 I,970 ofnl: - 1 30 13.70 AO *'G b e I 'Catran: 1/134.07 1,264312 33141 193.93 919.01 Y177: ! 13 97739 39.67 x 367.90 10632 . w a. ? ' Y'rp Sun Bntalla: 1839 OAO If c e Y'I'U Advice /1215039 91918 + YTD Aecned; 4.86 HoursAalrcmomBnglbBiry 36.25 78,90 - Y'113 prod; 2.75 SchcBfled 114 Hn P? W[zk , 16.00 71w-; 919.01 +YTD Adb1R: _?Mg99AGG Ik YnUR ADDRE39k SDl7Al. n81:tIRRY M7MDRR C:11kR9T. YTD End Balm= WAS 010 CranURiverside 1087 D[mniRon Ave Columbus, OH 43201 Deposit Amount: $919.01 To The Account(s) Of ELLEN H. BIEDERMAN 3178 Kenyon Rd. Columbus, OH 43221 Location: Riverside Methodist Hospital Date 01/21/2005 Advice No. 1215039 NON-NEGOTIABLE PLAINTIFFS EXHIBIT 72)=p ?? JAN-22-2005 03;11 AM P.06 ' 1087 Du1mim11 Ave Pay Begin Dew 1271912004 Advlce A: 110!189 Columbus, OH 43201 Pa E DM tl Al '8p5 Advlr&Dets;. 01/07/1005 Imen H. 1110damen Panploym ID; 53955 TAX A : Pedua! OH Sn e 3118 Runyon R4, J Depem ent; 01052100-Medidiue - 8 Nordr Marlin Sutur! Sln81e Nm applluble Columbus, OR 43221 Lamina: Rlvereide Mahvdln Horpluk Allewmcce 0 0 I&Mdc- o.n Rte. _ Addl. Pct.: Shift 2 kvealnr 4,15(8810 33,15 157A6 33.13 157AS Fed MRDIRR 24.82 21.82 R"OdeyF miam Pay 54.149500 9.00 48734 9100 48733 Fed OA5Dl1U 106.12 106.12 :Regular 54.030001 2430 835.21 2430 93521 OR Witltholdng 65,69 65.69 :Shift .1 Nlrhr 4.750000 0.50 238 030 239 OH COix]MRUS Whhholdng 24,23 9425 .Shim 2 + Weekend 9400000 930 90.75 B30 80.75 Rift 3 + Weekend 9.500000 040 4.75 030 4,75 'TAP Audlorked 3400000 215 93,75 2.15 9.1,75 Drnul v1don 5ervlee Plan 20.00 2000 I AD&D (Personal Ace. Ina.) 15125 1535 Dbpmdwu Urclnrurut Long Tent Dlublilty 4.05 1.3R 4.95 4.05 1,39 d91 + YID Amrood: - YTD Used: 2,62 2.15 Grant/Riverside 1087 Dmnieon Ave Columbus, OH 43201 Deposit Amount: 81,187.31 To The Account(s) Of ELLEN H. BIEDERMAN 3178 Kenyon Rd. Columbus, OH 43221 Location: Riverside Methodist Hospital Date 01/07/2005 Advke No. 1205188 NON-NEGOTIABLE Gr,... -side Pay Group: ROl-Grant/Riverside Methodist Hosp Business Unit: OHALL 1087 De misou AvO pay Begin Date: 20/1012004 Check #: 0275029 =olutnbus OH 43201 Pa 64 Date: 10/23/2004 Check Date: 10/29/2C 3178 IConyon Rd. -olutnbus ON 2100-MwrUnc. 8 North ntarnai status: amgie n side Methodist Hospitals Allowances: 0 0 RN Addl. P= .:.y :::::: %? e :. N,:'. :[4 ;?.1()^u^y Current- YTD -_-_. _ 3escri lion Rate: Hours Earnings Hours Earnings Description Current YTD ihift 2 Evening 4.750000 2075. 96,19 104.95 49852 Fred Withholdng 146.11 66635 ihift 2 + Weekend 9500000 5.00. 4750 500 4750 Fed MED/EE 16.91 9032 hientation 34.090000 30.00. 1=30 16350 5573.71 Fed OASDUEE 72.32 386.19 CAP Unauthorized Unpaid 8.00 000 8.00 000 OH Withholdng 37.88 208.63 ioliday Pay 0.00 370 109/19 OH COLUMBUS Withholdng 2333 12459 CAP Authorized Unpaid 000 4.80 000 Total: 63.25. 116639 . 289.45 628.82 total: 29655 147608 uil,•`j a )escri Lion Current YTD DewriP lion Current VTD Description Current YTD Forst: 000 000 Total: 000 000 • Taxable 1f ,urrent: 1,16639 1,16639 29655 000 869A4 rm: 6 .82 6 11 147608 000 47$2,74 .:>.:.::...,>:.:.:.. ,....?.: .>: .:J.>. ..?:.:.......: Description lion Current YTD Chepk #0275029 869.84 Hours-Retirement Eligibility 30.00 166,70 Scheduled P Hrs Per. Week 1600 Total: 869.84 E DOCUMENT ALONG THIS PERFORATION ?jt?C•y?!r,?g„C1ci?ilJSSI?JE?IMS?k'Sq?1?.:'?!,!#i+?'?'Si "l?:i??"=•-????°""'-'S1 `g,.g'+R.1:iS:1lJl?ilr:CftGtiA=.IJS,rrlc:ak;+.,aH?_.a: e ide Ri siness Unit OHALL t/RiversideMetlwdi R01 G H B it 4 rs Gtlin47 s roup: - ra st op : u 1087 Dennison Ave Ps ,Begin Date: 09126f2004 Check f: 0273659 Columbus OH 43201 'Pnd Date: 10109/2004 Check Date: 10!1512004 Eneo H. Biederman Employee ID: 53955 TAX DATA: Federal ON State 3178 Kenyon Rd. Deparbnenb 01052100-M?itiae - 8 North Marital Status: Single Not applicable Columbus OH Location: Riverside Methodist Hospitals Allowances: 0 0 Job Title: Staff RN Addl. Pct.: SSN: 289-52-9963 Pa Ram: $34.190000 obr. Addl. Aml.: 7 ,777 7Z ?7777777777 77 -- --- Current --- -- YID ------ Description Rate Hours Earnings Hours Earnings Description Current YID Shift 2 Evening 4.750000 3325 157,94 84.70 40233 Fed Withholdng 17555 52024 Orientation -30900W 3325 1,133.49 13330 4,551 AI Fed MED/EE 18.73 73A1 Holiday Pay 0.00 320 109119 Fed OASDIiEE 80.07 31337 TAP Authorized Unpaid 0100 4.80 0.00 OH Widdtoldrtg 43.94 170.75 OH COLUMBUS Withholdng 25.93 10126 MESSAGE: 'a^'E DOCUMENT ALONG THIS PERFORATION 087 Dennison Ave pay Begiu Dare: 09112/2004 Check p: 0272298 :Olumbus ON 42l2'11 I Pay End Date: 09125!2004 Check Date:. 10/01/2004 Men H. Blederman Employee ID: 5395$' : AX DATA: Federal OH State 178 Kenyon Rd. Department: 01052100:Medicine - 8 North arna! Status: Married Sol applicable :olumbus OH LOn9tlon: Riverside Methodist Hospitals llowances: [ 0 0 Job Title: Stiff RN Pct.: Addl. ISN: 288-52-9963 Pa Rate: 534.090000 Hourl ddl. Amt.: M777.7.7-7 )riemation loliday Pay 'AP Authorized Unpaid *,,v- , 34D9= 32.00 LM.88 100.25 3.41752 F'ed MED/EE 18.02 54b8 0.00 320 109D9 I Feed OASDUEE 77D6 233.80 ODO 4.80 ODO ON Withholdng 4159 126.81 OH COLUMBUS Withholdng 24.96 75,43 metalAli6: GIVE TO WHAT MATTERS-CHIP IN FOR UNITED WAY! E DOCUMENT ALONG THIS PERFORATION 'hM* llewila Hogd" rogp - a oomaw qt: 1dn: P4yro0 bgt,PBOZ 8700 -Iutie6ao4g PA 710 -11100 P6Y Dtlar 011 f3p0 Ph?r tl? Oi?O1R0U' , Adviu R:' 912004 Ad(IftDa 01/O7awil 1 : . . . ,. .,R ? ermaa 19 T Y Y rtva R Dyne Depm6neM: Um'? M¢ a S C ; arliale.P.A 17013 Loudge::pF,p A 6 0 Job Tide: Re " Nd?b X j A Hd?itgrDi N t 130 o. 0 ?, t f.{Qfdd 0 0 F '? 10.68 85.61 an PRI'OF.40RarHWV 3¢ 0 54.00 0.00 SAO' 3.21) P 45.67 366.06 0.94 7.53 PKmGYml.0o Eaminp PerHOm 0.00 143.17 143.17 PR .., y . ., 22,61 18126 RepdarHmnmBs 0.00 219.67 5,768.53 , P MW1u1mt8 7.37. 59.03 P t1k0ON Pdv 0.00 10.00 Dental UppadaPlan 52,74 237.33 alOt e8om ee 0.00 2,668.59 4mta1 UP$ N* Plan 0.00 245.79 _ - Vlsigq Copt 0.00 2.00 total: 15&.M I M3.2ii in, ON 0.0 CAIUMM Y' 9 736.60 5/.Z1 0 722.73 ?a 649.33 'N 5181A7 22 +E4tnaQC 20.7 5 + 13.1 ' oe : - T41e..p. r 40.5 I - Tdow: ... c . + ant,. t, .. : . m ?. MESSAGE: Pkma& H Wtb It"Pigts Attmv W d Depav?ent Date 0"7/2004 Advice No. 912000 PBox Hardshn. PA 171054700 Deposit Amount: 5649.33 i ON ORVERP r D?t To The ' Aeommt(s) Of r ELLEN 3EY BIP.DERMAN D ive 19 T'imm y Ud70 C Ti C lli t, A 17013 a e: a , 649 33 NnlV-lV i'!_(1TT ART li . S1tt L? - '{'i`1) vIc(c?e P LAINTIFF EXHIBIT Ain: P,ym6 Department, P Box 8700 Pay Be ' Dale: 11/302003. Advice g: 869790 lsrds1mg, PA 171054700 Pev Fnd Date: 121132003 -' -Advice 2 0: 12/192003 9 Ti6'aay Thive an ariide, PA 17013 Dep em: Lo«tlon: 066410diew Unit MS =lospital n te= Antormul AEoviancee:.. 6 0 of e Job Title: Beai Nave Adfl. Put: pffv Rate. 2 Ad9.Amt.:: ItIMARIN kmcri H Eanin De kmi (,5 urenf - YTD- ge ramium 2100 Eaminga Per Hour 21000 16.00 16.00 229.03 229.03 " ! MBWBP,' B 10:81 243.76 rem 1.50 1.500 8.00 12.00 8.00 12.00 Fad OASDUEE 4612 1,04229 ioliday Diff 0.00 12.00 20336 - PA Uoempl EB 0.19 4.61 =E- 0.00 3.03 77.02 PA Witldwtddonpp 20.87 470.72 Pay M. 0.00 0.50 12.71 PA CUhSBERLAJ4D Withholdn9 8.68 200.03 '.mw Pay 0.00 - .105.75. PA HARRISBURG Occ Priv 0.00 10.00 TO Vactlim 0.00 50.75 1,300.15 otah 56.00 a". on m TiN 23 m Ylu knot! Upgrade Plat. 24.72 642.72 e Dotted Upgrade Pin 26.90 699.40 Vision Cue 0.25 6.00 _ Life and AD&D Employer 1.32 31.68 otal: 122.95 3-194-101 local: 0.00 0.00 1 Taxable t. ??.Jz 43.41 50.11 LZA 40 n 7D: 20.OOS.23 1691111 . 2.035.67 3194.10 . 14 775.46 P «:. beat Mance: « Eune& 61.5 +Earned: 38.9 Takes: 50.8 • Tekeni - Ajr mta: +Ad' End Balance; IESSAGE: SMILE-Make time to help lost guests. innacle Health Hospitals Doh Advice No. M: Payroll Depekmmt 12/192003 869790 Box 8700 anisburg, PA 171054700 epoait Amouuh 5658.70 MVMP o The ccount(s) Of ELLEN HENNESSEY BIEDERMAN 19 T Drive Cadide. PA 17013 I Nl1N_NTi f_'l1TT A RT .Ti' PLAINTIFFS EXHIBIT SGt?'a s ? ?T A 4-, In the Court of Common Pleas of 8111 DOMESTIC RELATIONS SECTION 11 Plaintiff Name: 'Cil I /7,PlC?f +t4O I Defendant Name: t- Docket Number: ot'11V& S e PACSES Case Number: Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF INCOME: Employer K21d" Address Type of Work Payroll No.,'5.3 qS5 Gross n.,..;,on vn.,.?.n n>nure?or County, Pennsylvania Section I: Income and Insurance oaf (n ?iJ'ersde Ae`fiC1UC?tS T7 OS c l Yelc CY ?h t-?re?f c S per Pay Period $ Pay Period (wkly., bi-wkly., etc.) Federal Withholding $ 117, Social Security $ Ot' Local Wa eTax $ State Income Tax $ L[l, S Retirement s Savings Bonds S Credit Union $ Life Insurance S Health Insurance S S $ Other Deductions (specify) $ $ Net Pay per Pay Period $ OTHER (Fill in Appropriate Column) INCOME WEEK MONTH YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Workmen's Compensation Other Other TOTAL $ TOTAL INCOME $ Service Type M PLAINTIFFS EXHIBIT CV-0?rv) See cttwtie45k " H= Husband; W=Wife; 1=Joint 7a'n 1 -sewl.N Ac cj, , = MPaz4? e? s l Form IN-008 Worker ID Income and Expense Statement PACSES Case Number INSURANCE Coverage COMPANY POLICY # H W C Hospital Blue Cross (9 Other `,nt l0 447 ? Medical Blue Shield 0 Other i'?It L? 900 a, 44 7 Health/Accident io kekgf? S3 Disability Income {, IO e S3 al. Mun 9 Dental / ®LLt-'a _ o Other J fi .(* S•U9 l? _ * H=Husynd; W=Wife; C= hild I-K q 7 71 (s ? Z ? J -t(?7D L (?e ?Jw4aL.t c? _ FeG?aAJ 1<' 1 ^ l '4 ??5?-tlra ?tx F K 97' f b 13 &V ( fie Section II: Spoplemental Income Statement J? fT a. This form is to be filled out by a person rV ? (1) who operates a business or practices a profession, or ? (2) who is a member ofa 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 m the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature of business (c eck one) ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 2 of 3 Form IN-008 Service Type M Worker ID Income and Expense Statement Section HE Expenses PACSES Case Number Instructions: Only show extraordinary expenses in this section unless you filled out Section 11 on page two. The categories in BOLD FONT are especially important for calculating child support. If you are requesting Spousal SupporUAPL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage7Rent S $ $ Maintenance Utilities Electric $ $ S Gas Oil Telephone Water Sewer Em to ent Public Transport. $ $ $ Lunch Taxes Real estate S $ $ Personal Property Insurance Homeowner's $ S $ Automobile Life Accident Health Other Automobile Payments $ S S Fuel Repairs Medical Doctor $ S S Dentist Orthodontist Hospital Medicine pee nee (glasses, braces, orthopedic devices EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR ucatio Private School S $ $ PwwhW School[ College Religious Personal Clothing S S $ Food r Hairdresser Credit Payments Credit Card Charge Memberships Loans Credit Union S $ $ Miscellaneous Household Help S $ S Child can Papersiboolcs magazines Entertainment Pay TV vacation Gifts Legal fees haritable d nay Other S S S Total WEEK MONTH YE? S Expenses, $ $ I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to ugawo falsification to authorities. S X60$- ate Plaintiff or Defendant Page 3 of 3 Form IN-008 Service Type M Worker ID Biederman v. Biederman EXPENSES Home Rent Maintenance Utilities Electric Gas Oil Telephone WEEK MONTH YEAR EXPENSES WEEK MONTH YEAR Education _ _ $ 850.00 Private :ichool"' $ 186.00 $ 50.00 Parochial School _ College $ 50.00 [Religious $ 100.00 Personal Clothing $ 150.00 $ 73.59 Food/household supplies $ 541.25 Water/sewer $ 50.00 Barber/hairdresser _ Firewood $ 19.17 Credit Payments Employment Crec'it Cards $ 532.00 Public Transportation Charge _ Lunch $ 20.00 Memberships _ Taxes Loans Real Estate Credit Union Personal Property E Insurance Homeowners` $ 42.67 Automobile $ 50.00 Miscellaneous Life - Wife $ 815 Household Help Life - Husband $ 87.50 Child Care $ 692.80 Health Renter's Automobile Payments $ 19.79 Papers/books/mag Entertainment Pay TV Vacation Bible Camp $ 100.00 $ 150.00 Fuel $ 210.00 Gifts $ 50.00 Repairs $ 87.90 Legal fees**' Medical Charitable contributions $ 250.00 _ Doctor $ 50.00 Other child support Dentist $ 50.00 Alimony _ Orthodontist Other Hospital Cellular phone $ 76.26 Medicine $ 20.00 Trash $ 14.50 Special Needs Sports, activities $ 168.08 Glasses $ 33.33 Internet access $ 25.00 Braces Pets $ 48.00 Orthopedic devices _ _ Counseling"' $ 216.00 Subtotal $ 2,088.10 Subtotal $ 2,983.89 Total Monthly $ 5,071.99 ' on marital residence first semester books ** 2 visits p/mo p/person "' on cha a cards 1/24/2005 Average Monthly Budget (all amounts must be per month, not per year) Rent Just Me Just the, Kids Family Total Section 7 Ex enses Mortgage $1,677.00 $1,677.00 Property Taxes $259,89 $259.89 Property $41.92 $41.92 Power, Water, Sewer $100.00 $100.00 Cable Television Satellite Television Telephone - Basic Telephone - Lon Distance Internet $60.00 $60.00 Cellular Telephone $100.00 $100.00 Repairs and Maintenance $40.00 $40.00 Furniture Repair Other: Other: Sub-Total DO NOT TOTAL PLEASE ._ Groceries food only) $240.00 $25.00 $265.00 Restaurants $50.00 $50.00 $100.00 School Lunches Other: Other: Sub-Total DO NOT' TOTAL PLEASE k.a Toiletries 20.00 s c $5.00 25.00 ?`&`?'` T Cosmetics Diapers and Formula Cleaning Su lies $15.00 $15.00 Other: Other: Sub-Total: DO NOT, TOTAL PLEASE PLAINTIFF'S EXHIBIT 1;ts`or ? y page 1 of 4 H. Biederman 11/5/2004 Just Me Just the Kids Family Total Section 7 Expenses Housekeeper wow, Homecare Worker D cleanin Newspaper Delivery Other: Other: Sub-Total: DO NOT TOTAL PLEASE NINNEWIMIEW Employment Y ,-... Training for Employment $80.00 $80.00 Illness Disability Daycare Easter School Vacation Christmas School Vacation Summer School Vacation Before & After School Care Lon Weekend Vacation Care Other: Other: Sub-Total: DO NOT TOTAL PLEASE "ryy?mss _ . Alberta Health Care Premiums ; Blue Cross Premiums $60.00 $60.00 Medical Premiums Dental Premiums $48.38 $48.38 Life Insurance Premiums $87.50 $87.50 Disablit Insurance Premiums $41.50 $41.50 Other: VISION $10.44 $10,44 Other: Sub-Total: DO NOT TOTAL PLEASE Medical 60.00 I r'-5 & i d' '60.00 : aj /Q. 5pL 4. S Dental $70.00 $70.00 Prescriptions $20.00 $20.00 Over the Counter Drugs $20.00 $20.00 Vitamins Orthodontic Counselling Physiotherapy Occupational Thera Speech Thera page 2 of 4 H. Biederman 11/5/2004 Just Me Just the Kids Family Total Section 7 Expenses Hearin Aid Glasses $20.00 $20.00 Contact Lenses Other: Other: Sub-Total: DO NOT TOTAL PLEASE Prima School Fees Seconds School Fees RESP Contributions Tuition Books and Supplies Other: Other: Sub-Total: DO NOT TOTAL PLEASE xE. ',?r Sports Registration: ,v s.. 5 Equipment: Sports Registration: Equipment: Sports Registration: Equipment: Memberships and Clubs Lessons School Events and Outings Other: Other: Other: Other: Sub-Total: DO NOT TOTAL PLEASE yj{{ i }:vl .M1a i? s.. i > Clothing 5?'v{n'1ixh $50.00 A. ? G;U=:, $50.00 y Hairdresser and/or Barber $16.00 $16.00 Children's Allowances $40.00 $40.00 Newspaper and Magazines Toys and Books Libra Fee(s) Entertainment (movie, bowling, etc. Gifts (Christmas, Birthday, etc.) $80.00 $10.00 $90.00 Pets food, shots, supplies, etc.) Charities Li uor Tobacco Other: page 3 of 4 H. Biederman 111512004 Just Just the Family Section 7 Me Kids Total Expenses Other: Sub-Total: DO NO'r TOTAL PLEASE Gas and Oil $250.00 $250.00 Vehicle Insurance $263.50 $26150 Vehicle License and Registration $12.50 $12.50 Vehicle Servicing $70.00 $70.00 Parkin Bus Taxi * Tolls $50.00 $50.00 Other: Sub-Total: DO NOT TOTAL PLEASE Savings Reserve Vacation Reserve $200.00 $200.00 Support Paid to Others Loan Payments (wt aemt mm peymmn ) Loan Payments(.., s ,t ampeyrtwn,) Loan Pa ments(W credit am peymenm) Loan Payments (m?aeaitaa,e ?ensy Service Char es(bwkacr"turds) $20.00 $20.00 Financial Planning Fees Other: Other: Sub-Total: DO NOT TOTAL PLEASE W ORM * Computer/ Home Office Equip $50.00 $50.00 Other: Other: Other: Other: Sub-Total DO NOT TOTAL PLEASE Grand Total DO NOT TOTAL $ PLEASE Prepared by Palliser Conflict Resolution Inc. page 4 of 4 H. Biederman 11/512004 ys mim ?nh? AOUOIWVHS SVSHWO LEL9-ZLL-LIZ SE:8i SO&VNb /i0 BeneftsDepanment Medical Benefits Computer Aid, inc. Quick Reference Guide .:?s?rvnm?n?;wuanuinttaxu?rc?,:r?.,rraar,+.?_u?tmiaiu-?ta?e??nsr!?afl;;,. ? .i! ?EStt;u;liawtur?barnti Iwet ra reua? iii ufs ai ya s ,?) 9 § :.t €?i. Y "i:5 i i y ??i e •?, i z i ? i + th7t???i@' 'ha ih ele Iii YI?Y IR % i,a ( ??y7 ?: ??. I h t? ?ti? i I4 11 T I? n lip ' i ? i ? i iNY, ;. I ..t,. ,r' (ILL lla .rv`'` i t ? ? i2 w ? I? 7?73a . .... Deductible $150 Individual $450 Family (aggregate) 3 month carry-over credit Payment Level (based on provider's 90% except as noted reasonable charge) 100% once deductible and OOP max is satisfied OOP Maximum $1,000 per individual/ family, excluding deductible Lifetime Maximum $1,000,000 Physician Office Visits 90% Preventive Care Adult Physical Only covers associates who are 30 years or older; once every five years 100% after a $10 co-payment, no deductible The following lab tests are included: -? Complete Blood Count is Fasting Blood Sugar _ Urinalysis, routine Cholesterol Triglycerides, blood stool PSA Testing 100%, no deductible 1 per calendar year after age 50 Routine gynecological exam, 100%, no deductible including Pap test 1 per calendar year Mammograms, as required 100%, no deductible 1 per calendar year after age 35 Routine well baby visits 50% no deductible, according to HBS schedule .._... ._-_---- Childhood Immunizations 100% no deductible, up to age 21 Emergency Room Services 90% Medical/Accident Ambulance 90% Hospital Expenses ---------- ---...--- - - ------ 90% Inpatient/ Outpatient Oral Surgery 90% (dental is Primary) Jaw Joint ....------------------- 90% $5,000 lifetime maximum Note: physical therapy and/or oral surgery are covered under this benefit (prosthetic devices or any other methods to alter vertical dimensions are not covered). Maternity 90% Medical Benefits Quick Reference Guide Revised 12/31/04 /`.15 Yi1 ? Y? Medical/Surgical Expenses 90% Spinal Manipulations 90% $300 calendar year maximum Diagnostic Services 90% (Lab, X-ray, other tests) Outpatient Physical Therapy 90% Outpatient Speech and Occupational 90% Durable Medical Equipment, Orthotics, Prosthetics Skilled Nursing Facility Care 90% 90% 60 days per calendar year Home Health Care Private Duty Nursing Hospice Mental Health' Inpatient Outpatient Substance Abuse ' Inpatient Detoxification Rehabilitation Outpatient Precertification z 90% 40 visits per calendar year 90% 240 hour maximum/calendar year 90% no limit Bereavement counseling-6 visits (for immediate family onlv) 50% 30 days/calendar year 50% to a maximum payment of $20 per visit 60 visits /calendar year 50% 7 days/admission; 4 admissions/lifetime 50% 30 days/year; 90 days/lifetime 50% to a maximum payment of $20 per visit 30 visits/year; 120 visits/lifetime Performed by participating provider 1 To obtain inpatient mental health and substance abuse services at the maximum benefit level, you must contact Highmark Blue Shield's Mental Health & Substance Abuse Unit before seeking treatment. 2 If Blue Shield is not contacted prior to a non-emergency inpatient admission and it is later determined that all or part of the inpatient stay was not medically necessary or appropriate, the participating provider (or member if services were received from a non-participating provider) will be responsible for any costs not covered and may be subject to a penalty. r.o i 'i ^ } ? ` ?t - _? _ i ? 1 (?_ 7 ?1 ? f .J ?7 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. HOWARD W. BIEDERMAN Defendant NO. 04-2618 Civil Term CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER Ellen H. Biederman, Plaintiff, moves the court to appoint a master with respect to the following claims: x Divorce x Distribution of Property Annulment Support Alimony X Counsel Fees Alimony Pendente Lite x Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The non-moving party has appeared in this action by his attorney, David F. Tamanini, Esquire. (3) The statutory ground for divorce is section 3301(c) of the Divorce Code. (4) Delete the inapplicable paragraph(s): (a) The action is uncontested. (b) AR agFeement has been reached with Fespeat to the fellewing . (c) The action is contested with respect to the following claims: equitable distribution, counsel fees, costs and expenses. (5) The action does not involve issues of law and fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant the motion: None Date: April 6, 2006 1s2 r??22??' / / Attorney for Plaintiff AND NOW, April , 2006, E. Robert Elicker, II, Esquire, is appointed master with respect to the following claims: All listed above. BY THE COURT: J. MOVING PARTY NON-MOVING PARTY Ellen H. Biederman Howard W. Biederman Attorney's Information Defendant's Information Theresa Barrett Male, Esquire David F. Tamanini, Esquire 513 North Second Street 4800 Linglestown Road, Ste, 309 Harrisburg, PA 17101-1058 Harrisburg, PA 17112-9507 717-233-32220 717-541-1807 tbm@tbmesquire.com dft@TamaniniLaw.com 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: David F. Tamanini, Esquire 4800 Linglestown Road Suite 300 Harrisburg, PA 17112-6206 Attorney for Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: April 7, 2006 C? Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. NO. 04-2618 Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - DIVORCE PLAINTIFF'S MOST RECENT FEDERAL INCOME TAX RETURN APR-04-2006 10:27 AM P.01 Department of the Treasury - Interval Revenue Service Form1040A U.S. Individual Income Tax Return 2005 IRS Use Only - Do not wile or staple in this specs Libel Your rust name and initial Lest name OMB No. 1545.0074 (see inshucli Yeur aerial -ft -be, Use the II a joint return, spouse's first name and Initial Last name Spousi a eodY Security number IRS label. oounvla, peas print Nome address (number and ctraU. It you have a P.O. box, we instriceuns, Apartment no. ar ype. You must enter 3178 Kenyon Road your SSN(s) above City, lawn or peat cOice. If you have a lareien address, fee instructions. sure LP code Checking a box below will Columbus OH 43221 not change your Presidential tax or refund Election Cam aign Cli here if you, of your spouse if filingjointl , want $3 to go to this fund (see instructions) .... 0' n You n Spouse Filing 1 Single 4 Head of household (with qualifying person). (See instructions.) status 2 Married filing jointly (even If only one had income) If the qualifying person is a child but not your dependent, 3 Married filing separately. Enter spouse's SSN above and enter this child's name here ? full name here 5 ? Qualifying widow(er) with dependent child Check only one sex. (see instructional Exemptions It more than six dependents, oak instruction. 6a XQ Yourself. If someone can claim you as a dependent, do not check box 6a ............aexea chocked an e.web to Souse ...........................................................................-1 cDependents: Dependant's (2) De endant's (3) 4 d ao.ofat () an a<VA f socia security relationship av?Mying • ty.d Nd for (1) First name Last name number to you wla+ye Mild to credit • Samuel Biederman 532-35-8927 Son X dhl r livewlui Jospeh Biederman 531-29-9857 Son X al orcues David Biederman - 533-19-1045 Son seperau Daii S on c of entered .. 1 Odeon 10; 3 of to or on .... mile d above ., 1o s d Total number of exemptions claimed ................. .. .... . ....... ....... . .......... Add an 11 n1.:ebew ? 4 Income Attach Form(s) W-2 here. Also attach Form(s) 1099 R If tax was withheld. 14 yn,, did not act a W 4. see instructions. 7 Wages, salaries, lips, etc. Attach Form(s) W-2 . ....................... . ........... .... 7 49,830. 8a Taxable interest. Attach Schedule 1 if required ......................................... 8a It Tax-exempt interest Do not include on line 8a ...................... 8b 9a Ordinary dividends. Attach Schedule 1 If required ....................................... to Qualified dividends (see instructions) ....... . ............... 91; 10 Capital gain distributions (see instructions) .............. 11 a IRA distributions ............... 11a 11 b Taxable amount ..... . 12a Pensions and annuities ........ 12a 12 is Taxable amount ...... 13 Unemployment compensation and Alaska Permanent Fund dividends ............................................................ 13 14a Social security Enclose, but do not aoam, benefits ................ ..... 14a 146 Taxable amount .... .. 141b any payni 15 Add lines 7 through 14b (far right column). This is y our total Income ................ . .. ? 15 49,830. Adjusted 16 Educator expenses (see instructions) ............. .......... 16 gross 17 IRA deduction (see instructions) ................. .......... 17 income 18 Student loan interest deduction (see instructions) .. .. , ..... 18 19 Tuition and fees deduction (see instructions) ...... ......... 19 20 Add lines 16 through 19. These are your total adjustments ... . ................... .. 20 21 Subtract line 20 from line 15. This is your adjusted gross Income ..................... 10 21 49,830. SAA For Disclosure, Privacy Act, and Paperwork Reduction Act N(i see Instructions. Form 1040A (2005) 116 FOIA1312 10127105 APR-04-2006 10:28 AM 0; s NIT 1040 EZ I `'OHIO Income Tax Return DP OA Y oe TN A T T 0 T A 00 a TM H I a T Flling status (check only one) A n Xe Single or heed of household T p Married filing jointly U Married filing separately Enter spouse's SSN ... P.02 Social security number(s) must be filled In below, Your social security number ........ 298-52-9963 Spouse's social security number (only ifjoint filing) ...... ......... Public school district number (See instructions) ................ " 2512 Ohio Political Party Fund Checking 'Yes' will not increase your tax or reduce your refund. Do you want $1 to go to this fund? ..... Yes 11 No K If joint return, does your spouse want $1 to go to this fund? ..... . ........... Yes [] No . 1 Federal adjusted gross income (from federal form 1040, line 37; or I340A, line 21; or 1040EZ, line 4) ........ 1 49, B30 2 Enter the amount from WorkshestA ................................................................... 2 3 Ohio adjusted gross Income (line 1 minus line 2) ............................................... . ......... 3 49,830. 4 Personal exemption and dependent exemption deduction - multiply the number of your personal exemptions and dependent exemptions 4 hmes $1,350 and enter the result here .......... . ... . .. . ................................. . .. 4 5, 400. (See 77P In lnslruebons for chlfdren who are claimed on their parmnts'!a>rrrturrx) 5 Ohio taxable Income (line 3 minus line 4; enter -0• if line 3 is less than line 4) .............................. 5 44, 430. 6 Tax on line 5(see tax tables).,... ...................................................... 6 1, 502. 7 If line 51s $10,000 or less, enter $107; otherwise, enter -0- or leave blank .......................... ... NEW 7 8 Tax less line 7 credit (line 6 minus line 7; enter -0• it line 6 is less than line 7) .............................. 8 1, 502. 9 Exemption credit - multiply (he number of your personal and dependent exemptions 4 times $20 & enter the rslt here (no. of exemptions claimed must equal the no. of exemptions claimed on In 4 of this pg.) 9 80. 10 Tax less exemption credit (line 8 minus line 9; enter -0- if line 8 is less than line 9) ............... ... . . . . .. 10 1, 422. 11 Joint Filling credit (see instructions) % times line 10 (Limit $650) ................... 12 Ohio income tax (line 10 minus line 11; enter -0• if line 10 is less than line 11) ............................. 12 1, 422. 13 Unpaid Ohio use tax (from Worksheet B, line o) .......................................................... 13 The amount you show on this line Is part of your total Income tax liability for this year, 14 Total Ohio tax (add lines 12 and 13) ..................................................................... 14 1, 422. 15 Ohio tax withheld (box 17 on your W-2)(attach W-2's to the back of this form) ........ AMOUNT WITHHELD w 15 1, 873. 16 Refund (if line 15 is more than line 14, subtract line 14 from line 15) This is your refund before donations, It any, an lines 18,19 and 20 ...................... YOUR REFUND 17 Amount you owe (if line 15 is less than line 14, subtract line 15 from line 14. See page 41.) Check here and attach form IT 40P if you are making a payment Make check or money order payable to Ohio Treasurer of state. _ Check here it you have paid or will pay with an electronic cheek or credit card ................... AMOUNT YOU OWE If the amount you owe Is less than $1.01, pyrpd need not be made. And If your refund Is less than $1.01, no refund will be issued. Donations (These will REDUCE your refund.) 18 451. 17 18 Amount of line 16 you wish to donate to the Military Injury Relief Fund ..... NEW 18 Do not complete lines 19 Amount of line 16 you wish to donate for nature preserves, scenic rivers and 18, or unless you 19 20 want t t to donate all or part endangered species protection ............................................... 19 of your refund on line 16 to these funds. Your refund 20 Amount of line 16 you wish to donate for Ohio's wildlife species and will be reduced by the 20 d ildlif ti d amount donated. on ............................................. angere w e conserva en I have read this return. Under penalties of perjury, I declare that, to the best of my knowledge and belief, this return is true, correct, and complete- Your signalure bale 9 spmute's signature (if join( rclurn) Phone no. (opeonag I G I, N Paid preparers name and signalure Preparers phone no. H A rye' (InLelo me er eparer E 2005 For FaR Yaar Ohio Residedts Your first name Initial Lad name Ellen A Biederman it a dint return, spouse's first name Initial Last name Home address (number and street) Apt numer 3178 Ken on Road City, to m or pest oxiee state zip code Ohio county Columbus OR 43221 Fran For Departmental Use Only V No Payment Enclosed - Mail to Payment Enclosed - Mail to Ohio Department of Taxation Ohio Department of Taxation P.O. Box 182294 P.O. Box 182850 Columbus, OH 43218.2294 Columbus, OH 43218-2850 Q111AI201 01125/06 APR-04-2006 10-29 AM P.03 Form 1040A(2005) Ellen A Biederman 288-52-9963 Page 2 Tax, 22 Enter the amount from line 21 (adjusted gross income) ......................... .. .... 22 49,830. Credits, and 23a Check _r You were born before January 2, 1941, e Blind - Total boxes payments if: L Spouse was born before January 2, 1941, Blind r checked . ? 23a Standard )eduction or - a People who checked any )ox on line 23a of 23b or who can be claimed as a dependent, see instructions, a All others; Single or Married filing separately, $5,000 Married `fling ointly or Duahfyin widow(08 $10,000 Head of If you have L a pualiNing chid, attach Schedule EIC, r Is If you are married filing separately and your spouse Itemizes deductions, ? see instructions and check here ..• ....................................... ? 2311p 24 Enter your standard deduction (see left margin) ........ ............ . .................. 24 7,300. 25 Subtract line 24 from line 22. If line 24 is more than line 22, enter -0 ... . . .. . .......... 25 42,530. 28 If line 22 is over $109,475, or you provided housing to a person displaced by Hurricane Katrina, sea instructions. Otherwise, multiply $3,200 by the total number of exemptions claimed on line Sd ... ............ 26 12,800. 27 Subtract line 26 from line 25. If line 26 Is more than line 25, enter -0-. This is your taxable income .................................................................... lli? 27 29.730. (see Instructions) .................................................................... 28 3,936. 29 Credit for child and dependent care expenses. Attach Schedule 2 ......... 30 Credit for the elderly or the disabled. Attach Schedule 3 ..... . 30 31 Education credits. Attach Form 8863 ...................... . 31 ? _ 32 Retirement savings contributions credit. Attach Form 8880 .. . 32 33 Child tax credit (see instructions). Attach Form 8901 if required .............................. . 33 2, 000. 34 Adoption credit. Attach Form 8839 ........................ . 34 35 Add lines 29 through 34. These are your total credits ....... ............. ............ • • , 35 2,000. 36 Subtract line 35 from line 28. If line 35 Is more than line 28, enter -0 ...... ............... 36 1,936. 37 Advance earned income credit payments from Form(s) W-2 . .. .......... ........... ... 37 38 Add lines 36 and 37. This is your total tax . ...... ....... ............. ............. W Be 1, 936. 39 Federal income tax withheld from Forms W-2 and 1099 ..... . 39 7, 920. 40 2005 estimated tax payments and amount applied from 2004 return .......................... .................... 40 41 Is Nontaxable combat pay election. 416 "" 'No.. 41 s 42 Additional child tax credit. Attach Form 8812 ................ 42 43 Add lines 39, 40, 41 a, and 42. These are your total payments .......................... ........... llv? 43 7,920. R f d 44 If line 43 is more than line 38, subtract line 38 from line 43. e un This is the amount you overpaid ..... . ................................... ............. 44 5,984. 45a Amount of line 44 you want refunded to yoy_ ................ ............ ........... ? 43a 5, 984. Direct deposit? See instructions ? bRouting number .......... 1244077815 ev CType, Checking savings and fill in 45b, 45c,and45d. 1P dAccount number .......... 766232 46 Amount of line 44 you want applied to your 2006 estimated tax ............................................ 46 Amount 47 Amount you owe. Subtract line 43 from line 38• For dotails on how to pay, you owe sea instruclions ...............................•,....................... ........... Ov 47 48 Estimated tax penalty see instructions ......... • • ......... 48 Third parry Do you want to allow another person to discuss this returnwith the IRS (see instructions)? ......... . Yes, Complete the following. No designee Personal Desgnn i Phone name Div no, idenldieation number (PIN) Sign under panames of penury. I dec!aie that I haw examined this return and accompanylne schedules and statements, and to the best of my knowledge and belief, they are Irue, core[ , and accurately list all amounts and sources of income I received di the lax year. Declaration of preparer (other than the taxpayer] is based on all here inlomnalinn w which the predarer has any knuwledge. Your signature Dale Your occupaton Daytime phone number Joint return? See instructions. ' Nurse i b h t ' D l s ' ti Keep s spy gn. ot mus s Spouse s signature. If a joint rolon,, a e pouse s occupa on for your records. Preparers Date Chock If Preperer'a 33N or P-nN id P , signalers employed a preparers <n. P3 L _ Xiaxe.r'------------ ..- .13 ------ use only employed>c FDIA1312 10121 Form 1040A (2005) APR-04-2006 10:29 AM P.04 . a.. .r ,.. • ... , ORONO. ellLaaa ... / ?1 /? ? 1 ?!.-? e I 0 0111pP?l r ? n aCa Ae R W . ' • r . 14 Wa a rl•TaX'&tat rrferlt . 0 . I .47270 31 ' .. 7919.6,2 :47270 '.3:1 2930 .7 .6 . IVER$$3DE ANT 6R 35 ENTA?fE3Y RiVB1Z 40i pevrn?n I s, elgnw9psiago ps }270 31 ice9+paN &8.5 4Z ` y LUM$i1S QH' 43214 ri 1TG?R"t Pn wro pne t oNp 2 w y 1.84 e'My?--?-ne +ud?a'A?w-'1i1 mtJI 1'u'•?N r ] lfr 1 ' 1 f •?•••µ-- 17 BIIIEDERmAN LEN" a mcmro? m q innill - , . 7B KEN 40 PD."' - 288 52'- 563 '. 2 2 T Li1MBUS 0 143 9r-ncaar?r?Re jraa T ' IA 111 e1e i .'YrJr Or YO Wa(rOB. a] a.l / rF l41Y ?n?r- Ofd!.MV{,MlApq'e(P.1 1i "YW m!? nGrNi 512535 8 - 47??Q' III _ = 1872:;8Q'I ' 472'TO;$x $ " 9.45:41 COLUM U 70;0a,F,IkQ1rr11h:E'AVpfaya4.?8J1?[at,?h?ri or LorlaQlqdolnl Ta{?Rel uril.? '! ' ' ' "' ,,:., .Qepr. nt.tha jreaqury+•. IRS, son :I•irr-.11. :. ...?. 1.: :•::. I , 1 I .. ?I I Sale. ncew•ta. v 11 the IRS weh MA• 41ijj: FAST Uw ? a www.YBg9w•nle. 01,19 No.1645-n9oa Form W-2 Wage and Tax Statement 2005 T $oaitl srmu/ily UPI J n7ns,lltq G r Elea 1 7X GG 77D l e e rCeme tSll w I In eriliaea?ea jl?s p 0 a S wa Sir IavJa el J C 9 AMence EIC Pe"Ilt a MPdiu9lA +nMIaB ? 71InIx le F 9 Mentara eF.mpyryerenpglp,ynAPT,TH HOSPITALS ATTN: PAYRULIA uJ:SVwK-LMZ 1 P BOX 8700 HARRISBURG PA 17105-8700 . 6jpinrbnlcam henent9 11Narpuau6dplanB •ba. innnvlle,u'lo-maP -- . - -. ---- .----.' S -??.--- U ' L+y r c "Inter (EINI lab d tltl??L MR I 1211 leaner PA-UI 2.30 9 ?riGyoe ? Ivme, aSfreee,?IP'coae ELLEN HENNESSEY BIEDERMAN 3178 KENYON ROAD COLUMBUS OH 43221p0 ay / .l ?rb 4.4 no. 1e slalVZv? 7:-pPd?U' 1T 9la!c hlPpAte. 7 8 ig:Jale 2 SFm!' k'A _' rC is Local -Olc 19 LOW lnGorblev96 291prnWWleme COPY a To Be hied wllh e y« f FEDERAL Ta A91111" Dept. at the Treasury • IRS Till, Invinmian It being iunliehea ro the Internal Revenue oemiae l PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: David F. Tamanini, Esquire 4800 Linglestown Road Suite 300 Harrisburg, PA 17112-6206 Attorney for Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: April 7, 2006 ?-. r .i -, i _i _? -- ?n rn J ,.? 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. NO. 04-2618 Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF I 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 of 18 Pa. S.C. § 4904, relating to unsworn falsification to authorities. [ACC K) 'J ` Pdz e GC L?h?c 1 Ellen H. Biederman un OWpu„r,.V :oNmbnl, (nl 43101 Y4Y Hnd Dale: 03/25/2006 Adviw l.).m 03/31/2006 1 178 Kenyon Rd.? Deparvnenn 01052200-Inlertuwli.m Cardiology 3 Hear Marhal Starts: Single F ;nDtntlNa, Oil 43221 taatle0: Riverside Methodist Hospital Allowances; 0 0 JoD TI(IC: 3u17 RN Addl. Pcl.: ................ Current ......... ......... YTD ......... Ien' 'oo Hue Eellra L'arnin a ll n Earnings Ikaerl don Currenl YTD tuick Responn Pay W.W 40.00 Fed Withholdrig 481.96 338192 .egular 37.8100011 71.50 2,560.42 3R.W 14,03733 Fed UBD/EE 36.85 23893 h1R 1+ Weekend 4.75u0W Wu 64.13 142.50 676.99 Fed OASDUEL' 15737 1,ID4.58 tollday Pay 0.D0 Mutt 57296 OH WI00toldng 107.89 756.56 (oliday Prenlum Pay 0.00 12.50 69038 Oli COLUMBUS Wiftoldsg 50.83 35632 rn-Call Pay 0.00 9.00 20M 'Ncrthoe 0.00 3.23 179.08 -hIR 2 Evening 0.00 5.50 26.13 hm 2 + Wockend 0,D0 16.75 159.13 'AP Anelodred u.00 9.00 32229 'AP Unscheduled ox 9929 1,406.97 AP Unuthorized Unpaid 0.00 4.71 0.00 Jorksho 0.00 15.00 537.16 85,00 2 35 30 18 .W Total: M.10 543711 „ } 1OWFI s (70.1 YTD Deaerf tlon Cumin YTD Dwri Loo L'urml YTD talleal • PCA 85.00 390.00 Group I= Life 720 50Ao Gulp Tarty life$ 023 1.61 dental 23.00 138.W AD6.D (Penoul Ace. Ina,) 4.05 28.35 'teion Service Plan 1525 106:15 Dopundent Life Inanruce 198 9.66 , Lase Term Disability 14.21 99.47 A i ` ? 1` x,l z' I tt ?? oral: 12.325 834.75 'fusel: 26.84 187.88 a Taxable Nrtent: 21664M 2,54153 835.10 1509 1,679.36 .'TD: 1866897 17 15.83 5.357.71 1,04263 11768.63 „tt ,. YTD Stan Balance; W05 Will Description YTD Currant Advice 11559774 1,679.36 + YTD Accrued; 2745 I1uurLRC1iw1eul Ellglbllly 71.50 4%04 - YTD Used: 4429 Srhalulal WAF) IIn Per Wee 32.00 Twist i 9.36 D w Adwfft; Hre840e. YTD End Balance; 13.21 OAO Grant/Riverolde 1087 Denoiaoo Ave Columbus, OH 43201 Deposit Amount: $1.679.36 To The Account(s) Of ELLEN H. BIEDERMAN 3178 Kenyon Rd. Columbus, OH 43221 i ocetlon: Rivoralde Mediodist Hospital Date 03/31/2006 Advice No. 1559774 NON.NEGOTIABLE Biederman v. Biederman EXPENSES WEEK MONTH '. YEAR EXPENSES WEEK MONTH YEAR Home Education - t - Rents $ 850.00 Private School Maintenance $ 50.00 Parochial School Utilities College'. Electric - $ 40.00 Religious ,, Gas $ 131 .00 , Personal Oil Clothing $ 150.00 Telephone $ 76 00 _ 'Food/household supplies $ 541.25 Water/sewerll $ 45.00 Barber/hairdresser $ 53.00 Firewood $ . 1917 Credit Payments' Employment Credit Cards, $ 597.00 Public Transportation. Charge !. Lunch $ 20.00 Memberships Taxes Loans Real Estate Credit Union Personal Property Insurance Homeowners, , Automobile $ 5000 Miscellaneous Life - Wifei $ 8.15 Household Help, Life - Husband $ 87.50 ! Child Care_ $ 600.00 Health -- Pap _Renters $ 1979 Entertainment, ' $ 100.00 Automobile Pay TVI Payments _ _ --- Vacation Bible Camp $ 150.00 IC Fuel $ 300 00 Gifts, l $ I 50.00 Repairs $ 87.90 ' Legal Fees ll $ 150.00 Medical Charitable contributionsi $ 631.00 Doctor $ 94.00 Other child support Dentist $ _ 50.00 Alimony Orthodontist Other Hospital Cellular phone $ 105.00 Medicine $ 20.00 Trash $ 14.50 Special Needs iSports, activities $ 227.84 Glasses, $ 33 33 Internet access - $ 25.00 Braces I Pets $ 48.00 Orthopedic devices Tolls OH/PA Turnpike $ 20.42 Counseling- $ 156.00 !Nursing license/edu. $ 10.00 School supplies/PTO $ 50.00 Subtotal _ $ 2,13784 (Subtotal $ 3,523.01 Total Monthly $ 5,66085 _ "2 visits p/mo p/person. 4/6/2006 4 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service byfirst-class mail addressed as follows: David F. Tamanini, Esquire 4800 Linglestown Road Suite 300 Harrisburg, PA 17112-6206 Attorney for Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: April 7, 2006 . 5 ? Il Y? ?.. "{, t;-_ ?? t.• - .1? 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. NO. 04-2618 Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - DIVORCE INVENTORY OF PLAINTIFF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. tL d 6?co--^ Ellen H. Biederman 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. X 1 Real Property X 2 Motor Vehicles X - - - 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 Life insurance policies (indicate face value, cash surrender value and current X 9 beneficiaries) 10 Annuities 11 Gifts 12 Inheritance 13 I Patents, copyrights, inventions royalties 14 Personal property outside the home Businesses (list all owners, including percentage of ownership, and officer/director 1 15 ositions held by a party with a company) p Employment termination benefits severance pay, workman's compensation 16 claim/award t 17 Profit sharing plans X 18 Pension plans (indicate employee contribution and date plan vests) X 19 Retirement plans Individual Retirement Accounts 20 Disability payments 21 Litigation claims (matured and unmatured) 22 Military/V.A. benefits 23 Education benefits 24 Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized X l 25 list if distribution of such assets is in dispute) - - - - - - 26 Other 2 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number', Description of Property Name of All Owners 1 19 Tiffany Drive, Carlisle, PA Joint 2 2000 Plymouth GR Voyager Joint 2 1993 Dodge Caravan Husband 2 1994 Dodge Caravan - Husband - 2 1983 Mazda Truck Husband 2 John Deere Tractor Jomt 3 Series EE Bond Husband 5 Commerce Bank account Joint 5 Members 1st FCU checking [# 184578] Joint 6 Members 1st FCU savings [# 1845781 Joint 18 Boeing Retirement Plan Husband 19 Members 1st FCU IRA [# 184578] Husband 19 ] Members 1st FCU IRA [# 229057] Wife 19 Wells Fargo Bank IRA Husband 25 Miscellaneous Personalty Joint 3 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 25 Personalty in Wife's possession Gift 25 Personalty in Wife's possession Pre-marital 4 1 PROPERTYTRANSFERRED Item Number Description of Property Date of Transfer Consideration Transferee 1 19 Tiffany Drive, Carlisle 2/25/2005 $ 240,000 00 JT & TM Coulston 1 19 Tiffany Drive septic refund 2/25/2005 $ 300 00 H 2 1993 Dodge Caravan post-separation unknown , scrapped 2 1994 Dodge Caravan post-separation unknown David Biederman 19 Members 1st FCU IRA [# 229057] post-separation ! $ 6,045.43 Wife 25 Personalty disposed of by H post-separation unknown unknown 5 LIABILITIES Item Number Description of Property Names of All Creditors Names of All Debtors 1 19 Tiffany Drive Members First FCU* Joint 1 19 Tiffany Drive Kitner Landscaping Husband 2 2 2000 Plymouth GR Voyager Van Vehicle insurance payments Chrysler Finance Husband Wife 9 Life insurance payments Miscellaneous and living expenses Various credit card companies Wife Federal tax underpayment IRS Joint * satisfied at settlement 6 1 ? i{ .?? 1_ ?i ?. t? < ^? L i Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. HOWARD W. BIEDERMAN Defendant NO. 04-2618 Civil Term CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER Ellen H. Biederman, Plaintiff, moves the court to appoint a master with respect to the following claims: x Divorce x Distribution of Property Annulment Support Alimony x Counsel Fees Alimony Pendente Lite x Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The non-moving party has appeared in this action by his attorney, David F. Tamanini, Esquire. O (3) The statutory ground for divorce is section 3301(c) of the Divorce Code. (4) Delete the inapplicable paragraph(s): (a) The action is uncontested. (b) An agree _nt has h"_... ___hed with r_ " et 4_ the follows n 1.airns: (c) The action is contested with respect to the following claims: equitable distribution, counsel fees, costs and expenses. (5) The action does not involve issues of law and fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant the motion, None . ?jJ Date: April 6, 2006 ZLA!I- h4,4- Attorney for Plaintiff AND NOW, April ( , 20069 E. Robert Elicker, II, Esquire, is appointed master with respect to the following claims: All listed above. BY THE COURT: J. 9w?CA MOVING PARTY NON-MOVING PARTY Ellen H. Biederman Howard W. Biederman Attorney's Information Defendant's Information Theresa Barrett Male, Esquire David F. Tamanini, Esquire 513 North Second Street 4800 Linglestown Road, Ste, 309 Harrisburg, PA 17101-1058 Harrisburg, PA 17112-9507 717-233 32220 717-541-1807 tbm@tbmesauire.com dft@TamaniniLaw.com z G9 1106 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: David F. Tamanini, Esquire 4800 Linglestown Road Suite 300 Harrisburg, PA 17112-6206 Attorney for Defendant L'1-&?_ _?C?C- Theresa Barrett Male, Esquire Supreme Court# 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: April 7, 2006 c; { :. -+ ':-? ?..,__ C ?,?? i 1 "?i David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE 4800 LINGLESTOWN ROAD, SUITE 309 HARRISBURG, PENNSYLVANIA 17112-9507 ELLEN H. BIEDERMAN, Plaintiff V. HOWARD W. BIEDERMAN, Defendant Telephone (717) 541-1805 dit@TamaniniLaw.com Attorney for Defendant, Howard W. Biederman IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2618 CIVIL ACTION - IN DIVORCE INVENTORY OF DEFENDANT Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Respectfully, TAMANINI LAW OFFICE Dated: r Zl b6 ^ David F. Tamanini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Defendant ASSETS OF PARTIES Item Number Descri tion of Pro ert Name of all Owners 1 19 Tiffany Drive, Carlisle, PA Joint 1 19 Tiffany Drive, Carlisle, PA, Se tic Refund Joint 2 2000 PI mouth GR Vo a er Husband 2 1993 Dod a Caravan Joint _ 2 1983 Mazda Truck Joint 2 John Deere Tractor Joint 3 Series EE Bond Husband 5 Commerce Bank Account Joint 5 Members 1s FCU checking #184578 Joint _ 6 Members 1s FCU savings #184578 Joint 18 Boeing Retirement Plan Joint 19 Members 1s FCU IRA #184578 Husband 19 Members 1' FCU IRA #229057 Wife 19 Wells Far o Bank IRA Husband 25 6 Miscellaneous Personalt Members 1 FCU Account #229057 checkin Joint _ Wife 26 Photo ra hs and memorabilia collection Joint 5 Escrowed funds from sale of house Joint NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Item Number Description of Pro ert Reason for Exclusion 25 Personalt in Wife's ossession Gift 25 Personalt in Wife's ossession Pre-marital 25 Personalt in Husband's possession Gift 25 Personalt in Husband's ossession Pre-marital 4 PROPERTY TRANSFERRED Item Number Descri ption of Property Date of Transfer Consideration Transferee 1 19 Tiffany Drive, Carlisle 2/25/2005 $240,000.00 JT & TM Coulston 2 1993 Dod e Caravan Post-se aration 0.00 Scrapped 2 1994 Dodg e Caravan Post-separation $1,000 David Biederman 19 Members 15 FCU IRA (#22905) Post-separation $ 6,045.43 Wife 5 LIABILITIES Defendant reserves the right to supplement and amend this Inventory. VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 4112,10(- Cc? H WARD W. BIEDERMAN ELLEN H. BIEDERMAN, Plaintiff V. HOWARD W. BIEDERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2618 CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I, David F. Tamanini, Esquire, attorney for the Plaintiff, hereby certify that I, on this day served a copy of the foregoing document on the following person at the address below by first class mail, postage prepaid: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Respectfully, TAMANINI LAW OFFICE Dated: LI (0 6 David F. Tamanini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Defendant David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE 4800 LINGLESTOWN ROAD, SUITE 309 HARRISBURG, PENNSYLVANIA 17112-9507 ELLEN H. BIEDERMAN, Plaintiff V. HOWARD W. BIEDERMAN, Defendant Telephone (717) 541-1805 dft@TamaniniLaw,com Attorney for Defendant, Howard W. Biederman IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2618 CIVIL ACTION - IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT I 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 of 18 Pa. S.C. § 4904, relating to unsworn falsification to authorities. DATE: /2-1 /06 G HOWARD W. BIEDERMAN COMPUTeR AID INC ALLEN.fiOtgN PA 19104 - -- kWR}' YMPGNCI °BAIP,4A1?.? .• is 7A7{P kH Kt CO.N i 0. .. " 150 5520 DWARD W BIEg9R X +F?W* h#?(? iS er MAN XXX- X-217 5 O ' ?? ;PGY1L '.t;QNB.?nfays, '3('3112006 3t31!200e.'. 'R7'o;, REG `3750:D0 SdC E0. $ ' ...... :' ?29':?1 ?._T-0 7r372. 2.6GRO S <MOCkRE• `. FED WH "'. .53..49• ?. 7.'15 1 ' , y " 320:94' . ST TAX ., :. 1 . J 13.2E $7J` 5 QTY T'X $U I ' . " ? 73.79 3 : 38 . 44.i 9 2 " . MEDYNS• 3D Q0 • 26 S .Qp` `AOMR6L ' ' 670 60 4fi t?•. " m S C" V,ISf$A " - 7.,2'6 0 4'3;56 ,. DENPSA SHTpIS 23.$9 14 75 , 1fi?`.34 ' . . , TOTAi p4Y 3750.00©tAkl7tlLCfCYfIS+"' .9'8,50 OPT - . 1994 62 TI iEDelthL i,00SEC YOCARff 6RgTF, ,.- i r • 1Y`STATEME14T ; Respectfully, TAMANINI LAW OFFICE `?Z4417' Dated: 2 l GjJ/w ?e^? ?- avid F. Tamanini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Defendant Page 3 No. 04-2618 Biederman v. Biederman ELLEN H. BIEDERMAN, Plaintiff v. HOWARD W. BIEDERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2618 CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I, David F. Tamanini, Esquire, attorney for the Plaintiff, hereby certify that I, on this day served a copy of the foregoing document on the following person at the address below by first class mail, postage prepaid: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 Respectfully, TAMANINI LAW OFFICE Dated: ?' U b 7 FaV 4w David F. Tam nini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney for Defendant 00 OW Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. NO. 04-2618 Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 10, 2004. 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. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. ,0" 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. Ellen H. Biederman Date: October 27, 2006 2 co W ?- C Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. HOWARD W. BIEDERMAN Defendant NO. 04-2618 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the ?J prothonotary. ?.f 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. Ellen H. Biederman Date: October 27, 2006 2 `r -1 i'T+ ut' C Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. NO. 04-2618 Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 10, 2004. 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. 1 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. oward W. iederman Date: October 27, 2006 2 ?"'' C7 v-?? ...? ??'" . q'Zl l r)a s. +1 r 1 ? .. 'Y,' ,_ ??' ?t- ? ; ?? tJ? , t t L:? ? :< Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbmCstbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. HOWARD W. BIEDERMAN Defendant NO. 04-2618 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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. 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. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the O prothonotary. I 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. H ward W. Biederman Date: October 27, 2006 2 ' '-?i C7 ? C=" ? --r ea ?} ? i ;y ?_+ = ? rJ' : . ? ? _ t ? t. ..? ? ? ?`} s' (j= t,. ' (rl ..+c„ ?? 1. David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAw OFFICE Telephone (717) 541-1805 4800 LINGLESTawN ROAD, SUITE 309 dft@TamaniniLaw.com HARRISBURG, PENNSYLVANIA 17112-9507 Attorney for Defendant, Howard W. Biederman ELLEN H. BIEDERMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HOWARD W. BIEDERMAN, Defendant NO. 04-2618 CIVIL IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw my appearance on behalf of the Defendant, Howard W. Biederman, in the above-captioned matter. ?=mac----? _ _ n _ s David F. Tamanini, Esquire Supreme Court Id. No. 27776 TAMANINI LAW OFFICE 4800 Linglestown Rd., Suite 309 Harrisburg, PA 17112-9507 (717) 541-1805 I consent to the above withdrawal of appearance. I will represent myself, pro se. Date: / ^ j 2, afe7 ,0?? 4j. Hbward W. Biedbrman 52 Beacon Drive Harrisburg, PA 17112 (717) 766-1616 ELLEN H. BIEDERMAN, Plaintiff V. HOWARD W. BIEDERMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2618 CIVIL IN DIVORCE CERTIFICATE OF SERVICE I, David F. Tamanini, Esquire, hereby certify that I this day served a copy of the foregoing Praecipe For Withdrawal Of Appearance on the following persons at the addresses below by first-class mail, postage prepaid: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101-1058 E. Robert Elicker, II, Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Mr. Howard W. Biederman 52 Beacon Drive Harrisburg, PA 17112 Dated: TAMANINI LAW OFFICE David F. Ta anini, Esquire Attorney ID No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 ° P r- co •? T / I \ r ., Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. NO. 04-2618 Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - DIVORCE PRAECEIPE To the Prothonotary: Please withdraw the appearance of Theresa Barrett Male, Esquire on behalf of Plaintiff and enter the appearance of Ellen H. Biederman, pro se. eresa Barrett Male, Esquire, ID # 46439 Date: December 20, 2007 Ellen H. Biederman Date: December, 2007 o c ELLEN H. BIEDERMAN, Plaintiff VS. HOWARD W. BIEDERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 2618 CIVIL IN DIVORCE ORDER OF COURT , AND NOW, this day of C"1'4? 2008, the parties having entered into an agreement and stipulation resolving the economic issues on January 15, 2008, the date set for a conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and the parties and/or 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, C 1 0,1 Edgar B. Bayley, P.J. cc: Ellen H. Biederman Plaintiff DES m??'? Howard W. Biederman Defendant ?- ur) r ELLEN H. BIEDERMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 2618 CIVIL HOWARD W. BIEDERMAN, Defendant IN DIVORCE THE MASTER: Today is Tuesday, January 15, 2008. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Ellen H. Biederman, and the Defendant, Howard W. Biederman. Neither party at this point is represented by counsel, both counsel having filed a praecipe withdrawing and the parties entering their appearance pro se. The action was commenced by the filing of a complaint in divorce on June 10, 2004, raising grounds for divorce of irretrievable breakdown of the marriage. Also, in the complaint, a ground for divorce of indignities was raised. However, the parties have previously signed affidavits of consent and waivers of notice of intention to request entry of divorce decree which have been filed with the Prothonotary. Therefore, the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint also raised economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. 1 r The parties were married on August 30, 1976, and separated April 3, 2004. They are the natural parents of five children; two children remain in the custody of wife who are minors; the other children are emancipated. The parties have appeared this morning as noted without counsel but have discussed a resolution of this case between themselves. Previously we had placed on the record a memorandum of understanding on October 27, 2006. Neither party, however, was bound by the memorandum but today the parties have advised the Master that they have reached an agreement which we are going to place on the record resolving all the economic issues. 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 is going to be transcribed this morning and the parties will return later this morning to review the draft for typographical errors, make any corrections as necessary and then affix their signatures affirming the terms of settlement. They are nevertheless bound by the substantive portions of the agreement when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his 2 P appointment and the parties and/or counsel representing the parties can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Biederman. MR. BIEDERMAN: 1. The first item is the Boeing retirement and we are requesting that a QDRO be set up - a 50/50 QDRO between the two of us. THE MASTER: After discussion the parties have agreed that they are going to attempt to contact Boeing's plan administrator or Mr. Leister to assist in preparing the QDRO. If they need any further help, they have also agreed that they will contact attorney Male to assist in whatever may not be able to be resolved between themselves, the plan administrator and Mr. Leister. The parties are aware that after the QDRO has been prepared and completed, then they can present that QDRO to the Court for an order implementing the terms of the QDRO which will then be forwarded to the plan administrator. After discussion with the parties, wife inquired about any interest she might have in the pension in the event of husband predeceasing her. The parties understand that husband would elect the survivor benefit option which would provide wife a payment from his pension in the event that husband predeceases wife based on that provision of his retirement plan. The parties understand that should wife predecease husband there would be no benefit option available since the pension is husband's and husband would receive then the payment of the pension absent any survivor benefit interest. MR. BIEDERMAN: 2. The second item is the amount of money in the escrow account which is now approximately $29,700.00. We would like to split that 50/50 and hold back, if we needed to, some money for Mr. Leister. Attorney Male is the escrow agent of these funds and the parties have expressed an interest in retaining a small portion of these funds, after division, for the purpose of 3 hiring Mr. Leister to assist in preparing a QDRO. Consequently, the parties will split initially the sum of $28,700.00 retaining $1,000.00 in the account for Mr. Leister or any fees related to preparing the QDRO. After those fees have been agreed upon and paid by the parties and if there is any remaining money of the $1,000.00, that money will then be divided between the parties. With respect to any interest earned on the account which will be reported to the IRS, wife has indicated that she is willing to be responsible for any tax liability for that interest. 3. The parties currently are the owners of three IRA accounts; husband has an IRA with Wells Fargo and Member's 1st; wife has an IRA with Member's 1st. What the parties propose to do is add up the current balances in each of the accounts, divide the total in half and then move from wife's half $3,000.00 to husband's side of the ledger. Once the net amount due the parties is computed there will need to be an equalization based on the net amount computed and that money will have to be moved to pay wife her share of the distribution from the Wells Fargo account of husband. This will be accomplished by a roll over which the parties can ask their financial institutions to assist from husband's Wells Fargo IRA to wife's Member's 1st IRA. 4. Husband is currently in possession of the 2000 Grand Voyager. Wife will sign over the title so that husband is the sole owner of it. The parties propose to transfer the title to husband as soon as possible so that husband will have ownership of that vehicle. 5. Wife is handing over family photographs. There is another smaller box that she will be handing over. There were some personal items taken from the residence after separation and wife will put forth an effort to find those and get those back to husband. They were personal artifacts from Joseph and Samuel. All other household tangible personal property has been divided to the satisfaction of the parties, each party to retain property in his or her possession currently. 6. All marital debt has been resolved between the parties and there are no issues with regard to marital debt. 7. Wife's claims for counsel fees and alimony are withdrawn. THE MASTER: We are going to include in the 4 I agreement the paragraph regarding waiver of interest in the estate of each of the parties and the obligation to sign and execute all documents necessary to effectuate the agreement. The Master has printed out this paragraph which will be incorporated into the agreement, which both parties have read and both parties have discussed with the Master so that they understand the meaning and why this paragraph is being added to the agreement. 8. 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. THE MASTER: Mrs. Biederman, you've heard the agreement as stated on the record? MRS. BIEDERMAN: Yes. THE MASTER: Do you have any questions about the agreement? MRS. BIEDERMAN: No. THE MASTER: Do you understand it? MRS. BIEDERMAN: Yes. 5 i THE MASTER: And you are satisfied that this agreement adequately addresses all of the issues remaining in your divorce action? MRS. BIEDERMAN: Yes. THE MASTER: Mr. Biederman, you have been present during the statement of the agreement, in fact, have participated in the statement on the record, do you understand the agreement? MR. BIEDERMAN: Yes. THE MASTER: Are you satisfied that this agreement represents a final conclusion of the economic claims in this case? MR. BIEDERMAN: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Ellen H. Biederman Plaintiff /Howard W. Biederman Defendant 6 M Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELLEN H. BIEDERMAN Plaintiff V. NO. 04-2618 Civil Term HOWARD W. BIEDERMAN Defendant CIVIL ACTION - 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)) (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant's former counsel, Jeanne B. Costopoulos, Esquire, accepted service on June 29, 2004, as evidenced by the acceptance of service filed on July 29, 2004. 3. Complete either paragraph (a) or (b). 0 (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff: October 27, 2006; by defendant: October 27, 2006. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the plaintiffs affidavit upon the respondent: N/A. 4. Related claims pending: All claims raised of record were resolved by the agreement placed on the record before Divorce Master E. Robert Elicker, II, Esquire, on January 15, 2008. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: N/A. (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: October 31, 2006. Date defendant's Waiver of Notice was filed with the prothonotary: October 31, 2006. 1/10 L-2?? //%2 r-,?- Attorney ey for Plaintiff Date: February 28, 2008 2 C > ?`s . ra ? , 4r? '+ t `T" .- ? , ?., ?_` C.,. .. ??, r _?? ?+? The parties were married on August 30, 1976, and separated April 3, 2004. They are the 'natural parents of five children; two children remain in the custody of wife who are minors; the other children are emancipated. The parties have appeared this morning as noted without counsel but have discussed a resolution of this case between themselves. Previously we had placed on the record a memorandum of understanding on October 27, 2006. Neither party, however, was bound by the memorandum but today the parties have advised the Master that they have reached an agreement which we are going to place on the record resolving all the economic issues. 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 is going to be transcribed this morning and the parties will return later this morning to review the draft for typographical errors, make any corrections as necessary and then affix their signatures affirming the terms of settlement. They are nevertheless bound by the substantive portions of the agreement when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his 2 appointment and the parties and/or counsel representing the parties can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Biederman. MR. BIEDERMAN: 1. The first item is the Boeing retirement and we are requesting that a QDRO be set up - a 50/50 QDRO between the two of us. THE MASTER: After discussion the parties have agreed that they are going to attempt to contact Boeing's plan administrator or Mr. Leister to assist in preparing the QDRO. If they need any further help, they have also agreed that they, will contact attorney Male to assist in whatever may not be able to be resolved between themselves, the plan administrator and Mr. Leister. The parties are aware that after the QDRO has been prepared and completed, then they can present that QDRO to the Court for an order implementing the terms of the QDRO which will then be forwarded to the plan administrator. After discussion with the parties, wife inquired about any interest she might have in the pension in the event of husband predeceasing her. The parties understand that husband would elect the survivor benefit option which would provide wife a payment from his pension in the event that husband predeceases wife based on that provision of his retirement plan. The parties understand that should wife predecease husband there would be no benefit option available since the pension is husband's and husband would receive then the payment of the pension absent any survivor benefit interest. MR. BIEDERMAN: 2. The second item is the amount of money in the escrow account which is now approximately $29,700.00. We would like to split that 50/50 and hold back, if we needed to, some money for Mr. Leister. Attorney Male is the escrow agent of these funds and the parties have expressed an interest in retaining a small portion of these funds, after division, for the purpose of 3 hiring Mr. Leister to assist in preparing a QDRO. Consequently, the parties will split initially the sum of $28,700.00 retaining $1,000.00 in the account for Mr. Leister or any fees related to preparing the QDRO. After those fees have been agreed upon and paid by the parties and if there is any remaining money of the $1,000.00, that money will then be divided between the parties. With respect to any interest earned on the account which will be reported to the IRS, wife has indicated that she is willing to be responsible for any tax liability for that interest. 3. The parties currently are the owners of three IRA accounts; husband has an IRA with Wells Fargo and Member's 1st; wife has an IRA with Member's 1st. What the parties propose to do is add up the current balances in each of the accounts, divide the total in half and then move from wife's half $3,000.00 to husband's side of the ledger. Once the net amount due the parties is computed there will need to be an equalization based on the net amount computed and that money will have to be moved to pay wife her share of the distribution from the Wells Fargo account of husband. This will be accomplished by a roll over which the parties can ask their financial institutions to assist from husband's Wells Fargo IRA to wife's Member's 1st IRA. 4. Husband is currently in possession of the 2000 Grand Voyager. Wife will sign over the title so that husband is the sole owner of it. The parties propose to transfer the title to husband as soon as possible so that husband will have ownership of that vehicle. 5. Wife is handing over family photographs. There is another smaller box that she will be handing over. There were some personal items taken from the residence after separation and wife will put forth an effort to find those and get those back to husband. They were personal artifacts from Joseph and Samuel. All other household tangible personal property has been divided to the satisfaction of the parties, each party to retain property in his or her possession currently. 6. All marital debt has been resolved between the parties and there are no issues with regard to marital debt. 7. Wife's claims for counsel fees and alimony are withdrawn. THE MASTER: We are going to iriclude in the 4 agreement the paragraph regarding waiver of interest in the estate of each of the parties and the obligation to sign and execute all documents necessary to effectuate the agreement. The Master has printed out this paragraph which will be incorporated into the agreement, which both parties have read and both parties have discussed with the Master so that they understand the meaning and why this paragraph is being added to the agreement. 8. 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. THE MASTER: Mrs. Biederman, you've heard the agreement as stated on the record? the agreement? MRS. BIEDERMAN: Yes. THE MASTER: Do you have any questions about MRS, BIEDERMAN: No. THE MASTER: Do you understand it? MRS. BIEDERMAN: Yes. 5 THE MASTER: And you are satisfied that this agreement adequately addresses all of the issues remaining in your divorce action? MRS. BIEDERMAN: Yes. THE MASTER: Mr. Biederman, you have been present during the statement of the agreement, in fact, have participated in the statement on the record, do you understand the agreement? MR. BIEDERMAN: Yes. THE MASTER: Are you satisfied that this agreement represents a final conclusion of the economic claims in this case? MR. BIEDERMAN: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code: WITNESS: DATE: 1.1 t Ellen H. Biederman Plaintiff oward *oq. Biederman Defendant 6 IN THE COURT OF COMMON PLEAS + OF CUMBERLAND COUNTY STATE OF PENNA. + ELLEN H. BIEDERMAN + Plaintiff NO 2618 Civil 2004 No. + + + + + VERSUS + + HOWARD W. BIEDERMAN + Defendant + DECREE IN + + DIVORCE + + + + + + AND NOW, Ma,--,A b' , 2,"1 , IT IS ORDERED AND + DECREED THAT Ellen H. Biederman , PLAINTIFF, + + AND Howard W. Biederman , 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 claims raised of record are resolved by the agreement placed on the record before + + - L. Hobert Hic er, 11, squire on January 15, 2008. A copy of the transcript is attached as Exhibit 1. + + BY THE COURT: + ATTEST: J. + + .c PROTHONOTARY ' c2. qp JUL 1 y The Boeing Company QUALIFIED DOMESTIC RELATIONS ORDER Defined Benefit Plans (Pension) Separate Interest Approach ELLEN H. BEIDERMAN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. HOWARD W. BIEDERMAN Defendant NO. 04-2618 : CIVIL ACTION - DIVORCE Plan Name: The Boeing Company Employee Retirement Plan THIS MATTER having come before this Court pursuant to the agreement of the parties placed on the record before the Divorce Master, and this Court having personal jurisdiction over the parties, and jurisdiction over the subject matter of this Order, NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. Definitions and Recitations As used in this Order, the following terms shall apply: a. "Participant' shall mean: Howard W. Biederman, whose mailing address is 52 Beacon Drive, Harrisburg, PA 17112. See addendum for personal information. b. "Alternate Payee" shall mean: Ellen Biederman, whose mailing address is 3178 Kenyan Road, Columbus, OH 43221. See Addendum for personal information. c. "Plan" shall mean: The Boeing Company Employee Retirement Plan. d. "Plan Administrator" shall mean: Employee Benefit Plans Committee, P.O. Box 3707, M/C 11-60, Seattle, WA 98124-2207. e. The Alternate Payee is the former spouse of the Participant. f. The parties were married on August 30, 1976 and separated on April 3, 2004. 1 6 2. Intent and Purpose of Order This Order is intended to constitute a Qualified Domestic Relations Order as set forth in Section 414(p) of the Internal Revenue Code of 1986, Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), and the Retirement Equity Act of 1984, Public Law 98-397, all as amended. The Order is entered pursuant to 23 P.C.S.A. §3502 of the State of Pennsylvania for the purpose of dividing the Plan benefits of the Participant and assigning a portion of those benefits to the Alternate Payee in order to achieve an appropriate division of marital property in a manner consistent with the intent and agreement of the parties. This Order shall hereby create and recognize as to the Plan, the existence of the Alternate Payee's right to receive a portion of the benefits otherwise payable to the Plan Participant as set forth below. 3. Awarded Benefit Amount and Form of Payment The Alternate Payee is hereby awarded the actuarial equivalent of 50% of the Participant's accrued normal retirement benefit as of the date benefit accruals ceased to be paid in the form of a monthly life annuity or such other form of benefit available to the Alternate Payee under the Plan. 4. Commencement of Benefits and Benefit Adjustments Benefits awarded by this Order shall commence as soon as practicable following the Alternate Payee's written election anytime following the Participant's attainment of his earliest retirement eligibility date under the Plan. However, benefits must commence to the Alternate Payee by the earlier of the Participant's commencement of benefits or the Participant's normal retirement age (65) under the Plan. The Alternate Payee's benefit shall be subject to actuarial adjustment in accordance with Plan provisions and procedures for early retirement and/or any age difference between the parties. Any benefit payments to the Alternate Payee before the Participant has retired shall be determined by taking into account only the present value of benefits actually accrued and not the value of any Plan subsidy for early retirement. However, if the Participant subsequently retires with a subsidized early retirement benefit, the amount payable to the Alternate Payee 2 r shall be recalculated to take into consideration the Plan subsidy for early retirement in accordance with established administrative procedures. 5. Death of Plan Participant or Alternate Payee If the Participant should die before either party to this Order has commenced benefits under the Plan, the Alternate Payee shall be entitled to any pre-retirement survivor benefits under the Plan attributable to the entire accrued benefit as would be determined at the time of the Participant's death in lieu of any benefit provided in Section 3. If the Alternate Payee should die before commencement of benefits awarded by this Order, no benefits shall be paid on behalf of the Alternate Payee. Upon the Alternate Payee's death after commencement of benefits, further payments under this Order shall be made only in accordance with the form of benefit established for the Alternate Payee under the Plan. 6. Limitations No provision of this Order shall be construed to require the Plan to provide any type or form of benefit or any option not otherwise provided under the Plan, provide increased benefits determined on the basis of actuarial value (as determined by Plan assumptions), or pay benefits to the Alternate Payee which are required to be paid to another alternate payee under another Qualified Domestic Relations Order. No provision of this Order shall be construed to require the Plan, Plan Administrator, or any other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan, or contrary to any controlling federal law, ruling, or regulation. 7. Tax Treatment of Distributions An Alternate Payee who is the spouse or former spouse of the Participant shall be responsible for appropriate federal income tax on distributions made to him/her under the Plan in accordance with Sections 402(a)(1) and 72 of the Internal Revenue Code. The Alternate Payee shall also be responsible for applicable state and local taxes on distributions made from the Plan. The Alternate Payee shall be provided appropriate tax information with regard to any Plan distribution(s) as regularly provided to Plan participants in accordance with standard Plan reporting procedures. 3 8. Detenninations and Notifications The Plan Administrator shall notify the originator of the Order, the Participant and the Alternate Payee of the receipt of the Order and the Plan's procedure for determining whether the Order is a Qualified Domestic Relations Order. Within a reasonable period of time after receipt, the Plan Administrator shall determine whether the Order is qualified and notify concerned parties of such determination. During the period in which the issue of qualification is being determined, the Participant's benefits may be delayed or restricted. The Participant and Alternate Payee shall each be responsible for notifying the Plan Administrator in writing of any change of his or her mailing address. 9. Continuing Jurisdiction The Court shall retain jurisdiction over the parties and the Plan with respect to this Order to the extent necessary to preserve the original intent of the parties, and maintain its status as a Qualified Domestic Relations Order until all obligations of the Plan to the Alternate Payee have been satisfied. ENTERED this L? day of u•?` , 2009. BY THE COURT: PARTICIPANT ?J&J Ellen H. Biederman ALTERNATE PAYEE /7 ao2?9 Date Dis bution: eresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 sward W. Biederman, 52 Beacon Drive, Harrisburg, PA 17112 4 OF THE F ?,'?''}?RY 2009 J€ L 21 PH 3: 4 0 CUIME iJ?t,tvs,; r"+, , YIV ` NiA