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05-5043
THE LAW OFFICES OF'SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast.net Attorney for Plaintiff VALERIE D. BEANE IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. S - Sa?1? CRAIG D. BEANE, CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, VALERIE D. BEANE, by and through her attorney, SHANE B. KOPE, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is VALERIE D. BEANE, an adult individual who currently resides at 913 Old Silver Springs Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is CRAIG D. BEANE,. an adult individual who. currently resides at 122 North York Road, York County, Pennsylvania, 17019. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 20, 2000 in Camp Hill, Cumberland County, Pennsylvania, 5. The Parties separated in February 2005 when Plaintiff left the home due to continued physical and mental abuse by the Defendant. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and'Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as Specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code.- COUNT III REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a) (6) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, so as to render Plaintiff's condition intolerable and life burdensome. 19. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (a) (6) of the Divorce Code. COUNT V REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 21. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 22. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 23. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. COUNT IV ALIMONY 24. The Defendant rendered Plaintiff destitute when he removed her from the marital home with no place to reside; as such, Plaintiff lacks reasonable sufficient property to provide for her reasonable needs in accordance with any standard of living, let alone the standard the parties established during their marriage. 25. As Plaintiff was a housewife with no current marketable skills, she is unable to support herself in accordance with the standard of living of the parities established during through appropriate employment. 26. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT V ALIMONY PENDENTE LITE 27. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 28. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff respectfully requests that the Court Order Defendant to pay him reasonable alimony pendente lite during the pendency of this action. Respectfully Submitted, THE LAW OFFICES OF SHANE B. KOPE Dated: September 22, 2005 Shane e, Esq. VERIFICATION I, Valerie D. Beane, the plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: 'A -- 0 5 ? ,\-') . Valerie D. Beane ? o "?' "'? 0 0 ?- ?' ? ? `? c ° ? C C P \^'X? , 1 `?.? '? ?; ?? ? ? m ,>J* ?_ ?? *_??} i ' '? J ? ._? i _ ?'y'k ? 4.f? f,? '? e-" ' ti.a V THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(aD-comcast.net Attorney for Plaintiff VALERIE D. BEANE IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. OS - -SOU L't (, l CRAIG D. BEANE, CIVIL ACTION - LAW Defendant. IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE, INTERIM COUNSEL FEES, COSTS AND EXPENSES Plaintiff, Valerie D. Beane, by her attorney, Shane B. Kope, Esq., hereby petitions this Court for alimony pendente lite, interim counsel fees, costs and expenses and, in support thereof, respectfully represents.- 1 . The parties to this action separated in or about February, 2005. 2. Plaintiff retained Shane B. Kope, Esq. to represent her in her domestic relations matters in September, 2005. 3. On or about September 22, 2005, Plaintiff simultaneously filed Preliminary Objections to Defendant's Complaint in Divorce, which he improperly filed in Potter County, and her own Complaint in Divorce in Cumberland County, which requested, inter alia, equitable distribution, alimony pendente lite, and alimony. r 4. The Defendant, Craig D. Beane, is employed and, upon information and belief, has an income in excess of $50,000.00 per calendar year. In addition, Defendant controls the parties' jointly owned real estate and liquid material assets. 5. At present, the parties are in litigation. 6. To date, Plaintiff has incurred approximately $1,250.00 in attorney fees representing approximately 10 hours of time spent by an attorney, a paralegal and disbursements. It is anticipated that by November 22, 2005 a minimum of 10 - 15 additional hours of time will be required to review, prepare for and attend the hearing in Potter County on Plaintiff's Preliminary Objections, as well as inevitable proceedings in Cumberland County based on Plaintiff's Complaint in Divorce. 7. The Plaintiff was a homemaker who has little to no employment history. while the parties were living together, and has little to no marketable skills to acquire adequate employment. The Plaintiff currently has no income and controls no assets and is unable to pay her personal expenses, counsel fees, costs and expenses. Plaintiff has become completely dependent on a friend, with whom she is residing, for support until she can save enough money to support herself. 8. The Defendant's recent actions towards Plaintiff indicates that he is unwilling to provide her with financial support and to negotiate a property settlement agreement, and protracted litigations is anticipated as a result of Defendant's unwillingness to negotiate the various aspects of this case. WHEREFORE, the Plaintiff respectfully requests this court enter an Order directing Defendant to pay the following: a) $ 1,500.00 a month of alimony pendente lite to sustain the Plaintiff through the duration of this litigation and to pay his/her reasonable expenses; b) Interim counsel fees of $ 5,000.00 to be paid by Defendant to the Plaintiff within twenty days of the Order; and c) Such other relief as the court deems just and proper. Respectfully Submitted, THE LAW OFFICES OF SHANE B. KOPE Shane sq. Date: September 23, 2005 VERIFICATION I, Valerie D. Beane, the Plaintiff in this matter, have read the foregoing Petition for Alimony Pendente'Lite, Interim Counsel Fees, Costs and Expenses. *I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: Valerie D. Beane CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, of The Law Offices of Shane B. Kope, hereby certify that on September 23, 2005, 1 served a copy of the foregoing Petition for Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 Attorney for Defendant ,:!AW OFFICES OF SHANE B. KOPE e, Esq. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 Attorney for Plaintiff ?' 0 -? 4 ?. ?,? t? N ?? ?. Fv ?? o 6` Q, --?- C G N f? "T S cm? r? ? ?? ?? _. ?, ? ?-? ? , ;, . `, ?, ..J ,: r ? (l? ? ' c ) ?= t? =T L? -?. ..-- VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-5043 CIVIL TERM CRAIG D. BEANE, IN DIVORCE Defendant/Respondent PACSES # 836107708 ORDER OF COURT AND NOW, this 3rd day October, 2005, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R .J. Shad day on October 27. 2005 at 9. 00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 10/03/05 to: Respondent Shane B. Kope, Esq. Timothy J. O'Connell, Esq. Date of Order: October 3, 2005 41 ??? \\R. J. 4dday, Conference Officer s YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 t"?G c.J?'t T C1 `? Cam? fi7 n t° t j CS ,i GJ a In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VALERIE D. BEANE ) Docket Number 05-5043 CIVIL Plaintiff ) vs. ) PACSES Case Number 835107708 CRAIG D. BEANE ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 22ND DAY OF NOVEMBER, 2005 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE filed on OCTOBER 3, 2005 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF NOT SUBMITTING MEDICAL VERIFICATION OF HER INABILITY TO WORK AS DIRECTED AT THE CONFERENCE ON OCTOBER 27, 2005. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: J. yd?srey Oler,-Yrf ;' JUDGE DRO: R.J. Shadday Form OE-506 Service Type M Worker ID 21005 'K . i ` J1 C,? THE LAW OFFICES OF SHANE B. KOPE BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 s bkope(cDcomcast. net VALERIE D. BEANE Plaintiff, vs. CRAIG D. BEANE, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5043 CIVIL ACTION - LAW IN DIVORCE PETITION FOR A NEW SUPPORT CONFERENCE HEARING AND NOW, comes Plaintiff Valerie Beane by and through her attorney, Shane B. Kope, Esquire and files the foregoing Petition for a New Support Conference Hearing. 1. Plaintiff, Valerie Beane, filed a Divorce Complaint on September 26, 2005 including a count of Alimony Pendente Lite. 2. A Hearing was held on October 27, 2005, in front of R.J. Shadday, Conference Officer. At this Hearing, Plaintiff was awarded $1,033.60 per month in Alimony Pendente Lite based on Plaintiffs inability to work based on her medical condition. 3. As a stipulation of this award, Plaintiff was to submit copies of her medical records to support her position that she could not work. 4. Plaintiff agreed and complied within 3-5 days of the Conference; however, the Conference Officer never received the records. 5. Subsequently, the Order issued on October 27, 2005 establishing Alimony Pendente Lite was withdrawn on November 22, 2005 for failure to submit the medical verification of Plaintiffs inability to work. 6. Based on these facts, Plaintiff respectfully requests that a new Support Conference Hearing be scheduled to re-establish an award of Alimony Pendente Lite. WHEREFORE, Plaintiff, Valerie Beane respectfully requests that this Court enter an Order to schedule a new Support Conference Hearing for Alimony Pendente Lite. Respectfully Submitted, THE LAW OFFICES OF SHANE B. KOPE By: Shane . Kope, Esquire Date: December 13, 2005 CERTIFICATE OF SERVICE I, Julie Wehnert, of The Law Offices of Shane B. Kope, hereby certify that on December 13, 2005, 1 served a copy of the foregoing Petition for A New Support Conference Hearing depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 Attorney for Defendant THE LAW OFFICES OF SHANE B. KOPE Julie ehnert 4 0 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-5043 CIVIL TERM CRAIG D. BEANE, IN DIVORCE Defendant/Respondent PACSES # 836107708 ORDER OF COURT AND NOW, this 21st day of December, 2005, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on January 23, 2006 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed on December 21, 2005 to: Petitioner BY THE COURT, George E. Hoffer, President Judge Respondent Shane B. Cope, Esquire Timothy J. OConnell, Esquire l 1 Date of Order: December 21, 2005 ,?. flu" "R. J. S day, onfer? ence Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND F REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 J N ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/13/06 Case Number (See Addendum for case summary) 836107708 05-5043 CIVIL O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT 179-38-2205 Employee/Obligor's Social Security Number 6915100868 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 8 006 associated with cases on attachment) HARRISBURG PA 17105-8006 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 034.00 per month in current support $ 66.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ o. 00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1,100.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 253 .85 per weekly pay period. $ 5o-7. 59 per biweekly pay period (every two weeks). $ 55o. oo per semimonthly pay period (twice a month). $ 1. loo. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: E" L I S --, ' J. sl y Oler, Jr. Judge DRO: R.J. Shadday Form EN-028 Service Type M OMB No: 01)70.0154 Worker ID $IATT RE: BEANE, CRAIG D. Employee/Obligor's Name (Last, First, MI) ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a copy of this form to youremployee. If your employee works in a state that is di rent from the state that issued this order, a copy must be provi ded to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting oramgwvnen-sencnng- payfl me paydat&d . You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: BEANE, CRAIG D. EMPLOYEE'S CASE IDENTIFIER: 6915100868 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I ].Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.chiIdsupport.state.pa.us Page 2 of 2 Service Type M OMB No, 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BEANE, CRAIG D. PACSES Case Number 836107708 Plaintiff Name VALERIE D. BEANE Docket Attachment Amount 05-5043 CIVIL$ 1,100.00 Child(ren's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M OMB No.: 09]0-0154 WorkerID $ IATT "' ?"1 ? 1 'tl -t i' . i CJ 1 ? .` t;: VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-5043 CIVIL TERM CRAIG D. BEANE, IN DIVORCE Defendant/Respondent PACSES # 836107708 ORDER OF COURT AND NOW, this 13`h day of February, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is $2583.99, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1100.00 per month payable monthly as follows: $1034.00 for alimony pendente lite and $66.00 on arrears. First payment due next pay date. Arrears set at $2068.00 as of February 13, 2006. The effective date of the order is December 15, 2005. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Valerie D. Beane. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon the verification that the Petitioner is disabled through June, 2006. The Petitioner is to notify the Domestic Relations Office immediately upon her return to employment or any further verification of a disability extension after June, 2006 and the Order may be reviewed upon request of either party. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent DRO: R. J. Shadday Mailed copies on: Petitioner FFB "06 Respondent Timothy J. O'Connell, Esq. Shane B. Cope, Esq. Petitioner's Attorney Respondent's Attorney BY THE COURT, t VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -DIVORCE CRAIG D. BEANE, NO. 05-5043 CIVIL TERM Defendant/Respondent IN DIVORCE PACSES #836107708 REQUEST FOR HEARING DE NOVO Craig D. Beane, defendant/respondent in the above captioned matter, hereby requests a hearing de novo before the court from the order in the above captioned action. Respectfully submitted, Tim Connell, Esquire TURNS ND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for defendant/respondent Certificate of Service I, Timothy I O'Connell, hereby certify that I served a true and correct copy of the foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Date: February 27, 2006 :, _t _, __? ;, _ ,. ??? , In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VALERIE D. BEANE ) Docket Number 05-5043 CIVIL Plaintiff ) vs. ) PACSES Case Number 836107708 CRAIG D. BEANE ) Defendant ) Other State ID Number ORDER OF COURT You, VALERIE D. BEANE plaintiff/defendant of 913 OLD SILVER SPRINGS RD, MECHANICSBURG, PA. 17055-2884-13 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 4, 2006 at 9:ooAM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 BEANE PACSES Case Number: 836107708 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: l JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. V. BEANE CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 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 at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 .i ; ; t In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VALERIE D. BEANE ) Docket Number 05-5043 CIVIL Plaintiff ) VS. ) PACSES Case Number 836107708 CRAIG D. BEANE ) Defendant ) Other State ID Number ORDER OF COURT You, CRAIG D. BEANE plaintiff/defendant of 122 N YORK RD, DILLSBURG, PA. 17019-9126-22 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the APRIL 4, 2006 at 9: ooAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 WorkerlD 21302 BEANE V. BEANE PACSES Case Number: 836107708 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: ( o - G JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 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 at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 VALERIE D. BEANE, Plaintiff/Petitioner V. CRAIG D. BEANE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 836107708 DOCKET NO. 05-5043 CIVIL INTERIM ORDER OF COURT AND NOW, this 1Z day of April, 2006, 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. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $606.00 per month. B. The Defendant shall pay the additional sum of $66.00 per month on arrearages until paid in full. C. The Defendant shall provide health insurance coverage for the benefit of the Plaintiff as provided through his employment at a reasonable cost. D. The effective date of this order is December 15, 2005. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. JtSI 3 DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. 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. By the Court, Oler, Cc: Valerie D. Beane Craig D. Beane Shane B. Kope, Esquire For the Plaintiff Timothy J. O'Connell, Esquire For the Defendant DRO VALERIE D. BEANE, Plaintiff/Petitioner V. CRAIG D. BEANE, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 836107708 DOCKET NO. 05-5043 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on April 6, 2006, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff/Petitioner is Valerie D. Beane, who resides at 913 Old Silver Spring Road, Mechanicsburg, Pennsylvania. She shall hereinafter be referred to as "the Wife." 2. The Defendant/Respondent is Craig D. Beane, who resides at 122 North York Road, Dillsburg, Pennsylvania. He shall hereinafter be referred to as "the Husband." 3. The parties were married on February 20, 2000. 4. The parties separated in December, 2005 when the wife moved from the marital residence. 5. The Wife filed a complaint for divorce on September 26, 2005. 6. The Wife filed a petition for alimony pendente lite on December 15, 2005. 7. The Wife is an alcoholic. 8. The Wife was admitted to the hospital on June 15, 2005, for liver disease related to alcoholism and was released on July 7, 2005. 9. The Wife was treated on an out-patient basis following her release. 10. In October, 2005 the Wife was diagnosed as suffering from alcoholic polyneuropathy and was referred to a neurologist. 11. The Wife's liver ailments have been resolved. 12. The Wife continues to receive treatment for neuropathy. EXHIBIT "A" O?6)1 13. The Wife has not been gainfully employed since she was admitted to the hospital in June, 2005. 14. Prior to the hospitalization the Wife had an employment history at Kentucky Fried Chicken, in the Giant Foods deli department, and as a dietary aide at Messiah Village Nursing Home. 15. The Wife's rate of pay in her various jobs was in the range of $7.25 to $7.50 per hour. 16. The Wife applied for a social security disability benefit but was found to have too few working quarters. 17. The Wife believes that she is incapacitated and unable to engage in gainful employment because of her medical condition. 18. The Wife presented no competent medical evidence proving an inability to be employed. 19. The Husband is employed by the Commonwealth of Pennsylvania. 20. The Husband has a net monthly income of $2,583.99.' 21.As a Commonwealth employee the Husband has health insurance coverage on the parties at no monetary cost. DISCUSSION Alimony pendente lite refers to alimony or maintenance pending litigation and is payable during the pendency of a divorce action so as to enable the dependent spouse to proceed with or defend against the action. Jayne v. Jayne, 663 A.2d 169 (Pa. Super. 1995). The Husband has not disputed his Wife's entitlement to receive APL, but rather disputes only the amount of the award. In calculating a spousal support obligation or an alimony pendente lite obligation the focus is on the claimant's earning capacity, not the actual earnings. Strawn v. Strawn, 664 A.2d 129 (Pa. Super. 1995). A party'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 Wife is a recovering alcoholic. Her alcoholism caused her to suffer liver problems in June, 2005 that necessitated hospitalization. With follow-up care her liver problems have abated. However, following her release she was diagnosed as suffering The parties stipulated to the Husband's income. from alcoholic polyneuropathy and referred to a neurologist.2 Alcoholic polyneuropathy is a disorder involving decreased nerve functioning caused by damage that results from excessive consumption of alcohol. The most common symptoms include numbness, tingling, burning feet, and weakness.3 While it is not contested that the Wife suffers from this ailment, the Husband argues that the Wife has failed to present sufficient evidence that the condition has caused her to be disabled to the extent that she is unable to engage in gainful employment. The Wife presented no expert medical testimony to support a disability.4 However, expert medical testimony is not required to establish a diminished earning capacity where the testimony of the party is sufficient to conclude that a disability exists. See, e.g. Malenfant v. Malenfant, 639 A.2d 1249 (Pa. Super. 1994); Hesidenz v. Carbin, 512 A.2d 707 (Pa. Super. 1986). In the present case, however, that testimony was lacking. The Wife failed to present credible testimony of her symptoms or the effects of those symptoms on her ability to engage in employment. Consequently, this Master is compelled to compute an earning capacity for the Wife based upon her demonstrated work history. The Wife demonstrated the ability to earn $7.25 to $7.50 per hour working in various capacities in a fast food restaurant, in the deli department of a grocery store, and in the food service section of a nursing home. This would result in gross monthly income of $1,277.50. Filing her federal income tax return as married/separate would yield net monthly income of $1,069.00.5 The parties stipulated to the Husband's net monthly income of $2,584.00. With the Husband's net monthly income of $2,584.00 and the Wife's net monthly earning capacity of $1,069.00, and with no minor children of this marriage, the Husband's obligation for alimony pendente lite calculated pursuant to the support guidelines is $606.00 per month.` The effective date of the order is December 15, 2005. The Husband provides medical insurance coverage for the Wife at no cost. This will be included in the order. See Plaintiffs Exhibit 2. ' See Medline Plus, an internet service of the U.S. National Library of Medicine and the National Institute of Health. ° The Husband's objection to the admissibility of the Physician's Information Request (Plaintiffs Exhibit 6) submitted by her neurologist to the Domestic Relations Section was sustained on the grounds of hearsay. ' See Exhibit "A" for the tax deductions from gross income. 6 See Exhibit "B" for the calculation. RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $606.00 per month. B. The Defendant shall pay the additional sum of $66.00 per month on arrearages until paid in full. C. The Defendant shall provide health insurance coverage for the benefit of the Plaintiff as provided through his employment at a reasonable cost. D. The effective date of this order is December 15, 2005. ?7, 2Oc' t .? ?kL?SJ 1?u??? Date Michael R. Rundle Support Master 4 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Valerie D. Beane Defendant Name: Craig D. Beane Docket Number: PACSES Case Number: 836107708 Other State ID Number: Tax Year: Current: 2006 Defendant plaintiff 1. Tax Method Manual 1040 ES 2. Fling Status Single Married Filing Separately 3. Who Claims the Exemptions Obill gee 4. Number of Exemptions 1 1 5. Monthly Taxable income $2,583.99 $1,277.50 6. Deductions Method 7. Deduction Amount $429.17 $429.17 8. Exem tion Amount $275.00 $275.00 9. Income MINUS Deductions and Exemp tions $1,879.82 $573.33 10 . Tax on Income $250.52 $57.33 11 . Child Tax Credit 12 . Manual Adjustments to Taxes 13 . Federal Income Taxes $57.33 13 a. Earned Income Credit 14 . State Income Taxes $40.37 15 . FICA Payments $97.73 16 . City Where Taxes Apply 17 . Local Income Taxes $12.78 TOTAL Taxes $208.21 SupportCak 2006 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (RACSES FORMAT) Plaintiff Name: Valerie D. Beane Defendant Name: Craig D. Beane Docket Number: PACSES Case Number: 836107708 Other State ID Number: 1. Obligor's Monthly Net Income $2,583.99 2. Less All Other Support 3. Less Obli es's Monthly Net Income $1,069.29 4. Difference $1,514.70 5. Less Child Support Obligation for Current Case - 6. Difference $1,514.70 7. Multiply b 30%or40% 40.00% 8. Income Available for Spousal Support $605.88 9. Adjustment for Other Expenses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $605.88 Prepared b : mrr Date: 4/ 7/2006 SupportCalc 2006 EXHIBIT "B" VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-5043 CIVIL TERM CRAIG D. BEANE, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Craig D. Beane, defendant, moves the court to appoint a master with respect to the following claims: That the marriage is irretrievably broken and in support of said motion states: Discovery is complete as the claims requested for which the appointment of a master is requested. 2. The plaintiff has appeared in the action through counsel, Shane B. Kope, Esquire. 3. The statutory ground for divorce is Section 3301(c). 4. The action is contested with respect to the following: equitable distribution; alimony 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half day. Date: 4 4 9- 0( Timothy J. O'Connell 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for defendant ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania / 55 c)?OTADS 0 original Order/Notice Co./City/Dist. of CUMBERLAND D Amended Order/Notice Date of Order/Notice 04/17/06 C'tvt O Terminate Order/Notice Case Number (See Addendum for case summary) RE: BEANE, CRAIG D. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MO BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT 179-38-2205 Employee/Obligor's Social Security Number 6915100868 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 8006 associated with cases on attachment) HARRISBURG PA 17105-8006 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 606. no per month in current support $ 66.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ o . oo per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 672.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 155. 08 per weekly pay period. $ 310. 15 per biweekly pay period (every two weeks). $ 336 . oo per semimonthly pay period (twice a month). $ 672 . Flo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. _ BY THE COURT: Date of Order: Z,ob Form EN-0 Service Type M OMB No, 0970-01 ;4 Worker ID ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If hecked you are required to provide a copy of this form to your employee. If yo r employee works in a state that is di4erent from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*Repo, tng-the.Pagdate/Bate-of.Wid. holdtrtg. Yoa. se most report pagdateldate of date ot. M, c.h amount-was-withheld fromthe-employee`s wager. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: EEANE CRAIG D. EMPLOYEE'S CASE IDENTIFIER: 6915100868 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act 0 5 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type m by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.chiIdsupport.state.pa.us Page 2 of 2 OMB No.. 0970-0154 Form EN-028 WorkerlD $TATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BEANE, CRAIG D. PACSES Case Number 836107708 Plaintiff Name VALERIE D. BEANE Docket Attachment Amount 05-5043 CIVIL$ 672.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No.: 0970-0154 VALERIE D. BEANE IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 05-5043 CRAIG D. BEANE Defendant : IN DIVORCE INVENTORY OF CRAIG D. BEANE k?e eW nt >k ] es 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. Defendant D fenpnt WUI??verifies that the statements made in this inventory are true and correct. 1st 3l understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date:: 'f C l5 E? ° 'a Craig D. B ne VALERIE D. BEANE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5043 CRAIG D. BEANE, CIVIL ACTION -LAW Defendant : IN DIVORCE Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. O 1. Real property O 2. Motor vehicles O 3. Stocks, bonds, securities and options O 4. Certificates of deposit O 5. Checking accounts, cash O 6. Savings accounts, money market and savings certificates O 7. Contents of safe deposit boxes O 8. Trusts O 9. Life insurance policies (including face value, cash surrender value and current beneficiaries) O 10. Annuities O 11. Gifts O 12. Inheritances O 13. Patents, copyrights, inventions, royalties O 14, Personal property outside the home O 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) O 16. Employment termination benefits - severance pay, worker's compensation claimlaward O 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) O 19. Retirement accounts, Individual Retirement Accounts O 20. Disability payments O 21. Litigation claims (matured and unmatured) O 22. Military/V.A. benefits O 23. Education benefits O 24. Debts due, including loans, mortgages held O 25. Household furnishings and personalty (include as a total category and attached itemized list if distribution of such assets is in dispute) VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5043 CRAIG D. BEANE, CIVIL ACTION -LAW Defendant IN DIVORCE MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persons as of the date this action was commenced: Item Description of Names of All Number Prosy Value 03 ere 1 Pennsylvania State Employees Pension marital share Husband February 20, 2000 to December 18, 2004 VALERIE D. BEANE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-5043 CRAIG D. BEANE, CIVIL ACTION -LAW Defendant : IN DIVORCE 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 Description of Reason for Number Propem Fxclusion 1 122 North York Road pre-marital; no Dillsburg, PA 17019 increase in value during marriage VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5043 CRAIG D. BEANE, CIVIL ACTION -LAW Defendant IN DIVORCE PROPERTY TRANSFERRED Item Description of Date of Consid- Person to N/A VALERIE D. BEANE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5043 CRAIG D. BEANE, CIVIL ACTION -LAW Defendant IN DIVORCE LIABILITIES Item Description of Names of All Names of N/A ?1 ? ?. ?? VALERIE D. BEANE IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 05-5043 CRAIG D. BEANE Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT OF CRAIG D. BEANE 1 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.C.S. § 4904 relating to unsworn falsification to authorities. Date: 4le-fo ro I- Craig D. e INCOME Employer: Department of General Services Address: 403 North Office Building, Harrisburg Type of Work: maintenance Payroll Number: Pay Period (weekly, biweekly, etc.): biweekly Gross Pay per Pay Period: $1,720.50 Itemized Payroll Deductions: Federal Withholding $210.74 Social Security $106.67 Local Wage Tax $ 21.51 State Income Tax $ 52.82 Retirement $107.53 Def. Comp $ 29.41 Unemployment $ 1.55 Medicare $ 24.94 AFSCME $ 25.81 Alimony $507.69 Net Pay per Pay Period: $631.83 Other Income: Week Month Year (Fill in Appropriate Column) Interest $ $ $ Dividends $ $ $ Pension $ $ $ Annuity $ $ $ Social Security $ $ $ Rents $ $ $ Royalties $ $ $ Expense Account $ $ $ Gifts $ $ $ Unemployment Comp $ $ $ Workmen's Comp. $ $ $ Total: $ 00.00 $ 00.00 $ 00.00 TOTAL INCOME: $631.83 EXPENSES Weeklv Monthly Yeariv (Fill in Appropriate Column) Home Mortgage/Rent $ $680.79 $ Maintenance $ $ 20.00 $ Utilities $ $ $ Electric $ $ 53.00 $ Gas $ $ $ Oil $ $ 72.00 $ Telephone $ $ 22.00 $ Water $ $ $ Sewer $ $ $ Employment Public Transportation $ $ $ Lunch $ $ $ Taxes Real Estate $ $124.00 $ Personal Property $ $ 41.45 $ Income $ $ $ Insurance Homeowners $ $ 22.00 $ Automobile $ $ 37.34 $ Life $ $127.00 $ Accident $ $ $ Health $ $ $ Other $ $ $ Automobile Payments $ $ $ Fuel $ $ 80.00 $ Repairs $ $ 40.00 $ Medical Doctor $ $ 22.50 $ Dentist $ $ $ Orthodontist $ $ $ Hospital $ $ $ Medicine $ $ $ Special Needs $ $ 10.00 $ (Glasses, braces, orthopedic devices) Checking Accounts Savings Accounts Credit Union Stocks/Bonds Real Estate Other PROPERTY OWNED Description Value Ownership* PSECU $ 600 Husband PSECU $ 700 Husband 122 N. York Road $92,000 Husband Dillsburg, PA Total $93,300 INSURANCE Company Policy # Coverage* Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Presceiption Keystone YMV80047367000 Husband/Wife United Concordia Medco 846525000 Husband/Wife PEB00084362 Husband/Wife Education Private School $ $ $ Parochial School $ $ $ College $ $ $ Religious $ $ $ Personal Clothing $ $ 15.00 $ Food $ $ 300.00 $ Barber/hairdresser $ $ 17.00 $ Credit payments Credit Card $ $ 200.00 $ Charge Acct. $ $ $ Memberships $ $ 3.00 $ Loans Credit Union $ $ $ Miscellaneous Household help $ $ $ Child care $ $ $ Papers/books/magazines $ $ 8.61 $ Entertainment $ $ 46.00 $ Pay TV $ $ $ Vacation $ $ 88.33 $ Gifts $ $ $ Legal fees $ $ $ Charitable contribution $ $ $ Other child support $ $ $ Alimony payments $ $1,015.38 $ Other Total Expenses $ $3,040.40 $ Commonwealth of Pennsylvania EMPLOYEE PAY STATEMENT IQlaly D 2-1s1 {Personnel 6,'Lel.. _.. 00042905 1122 D,,t) Ynrk R;ad Genetal Services JULllshurg PA 11019 t Pay Felicl._ Oc, '2 Sf190E. 93/10/2186 J3'ed Paz Status: inyle deed 'lax Allowances: 01 Fex iad: OGj2996 9jtLJ2 GI 11,p: 0 -,,,1 :20 Pay Date Paymevt Amount = Gv,st 3eirt!. 't`axes Ded5. 03(-4(2006 631.93 = 1,"fZ0 .S9 0.09 413.21 6)0.44 C ss Current Pay Rate hYS/Ilni A?munt Y-ai '1'o Date h'ozrz'al wor;ciny souls 22.94 /°x.00 1,'20.50 9,9F1. 01 Ann,Yal Laace Pay ?'?- ''6 Isi,- ??a fa Pay 103- 2'. ?HOliday JCOmp lieu holiday 699. 20 ?9'oral Qmoss 1, Y29. 40 9,1;1 9f: 'L'azes Amount Year 'fo Ptr, _'F?j-Yal. 'Pdelal ITX hira"'')laing 9'ax 210.14 J16 A.-i '1'X CL' Social SecolLty 'l'ax 106.61 6." I1X EL Medlcaxe Txx 24.94 149 . F.e ISeat? P>nnry-lcania I CX Mitsi):Ild3ng '1''a ?2.n.. 316 .91 ?Tx Lunemployment 'tax 1.05 9 .23 ?ncel Ilarrisburg ITX c6 occupation 'L'ax I_.ocal Monaghan '1'owns nip ITX 4iEiw lding 'Rex 21.11 129 .06 'total 'faxes 419.23 e, 913 .91 ?DeduGti ins AmounC fear 'to Dite f ? Deferred Co¢pensation 23.41 1"c 41 j?_'SCM4J 13 Unioa Dues x,.`01 lo4. Ef. Garnislx: Alimony/Support SOV_G9 1,oP:>. :ia Null Con Slays AA/Sat 0 10'/.53 64,_ 19 I'Lbtal Deducticn5 610.44 t. 981. FS INOn Cat ??r{)ensat Lon A,cnunt Yeas '1'c Dais cell ?)LLI9elCrflf Y N1IlULLYtC Commonwealth of Pennsylvania EMPLOYEE, PAY STATEMENT L'ireor peposit Zank / C:?ecs Amount I:eY Yay?rent 6J1.n3 {State Yaid Senafits Amount {'FX LSocial Security Tax 106.F9 PX LR Medicare 'Fax 24.94 { jr'? da=. it -ifa 4.91 ?Annuitaut vied Hosintal 240.00 {LR P:cr'sazs Comp 3ena£it 3'L06 I IP9 Keyst. ,ne IIP C`,ntralllmo Zl';.00 I {LA SCL° 40 iii IFed sa] 'FaxaFL= Hayes Amount I Curren[ Yericd 3esults 1, B1 16, {Game=gym rnT 'L jpa deg Balance - Total '1'o pate 3emain 9alarte [3nrnie:h: Alimony%SUppolt 0.00 1, O1 S.3P O.OC: Payroll Area Z2 VALERIE D. BEANE, Plaintiff/Petitioner V. CRAIG D. BEANE, Defend a nt/Respo ndent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 836107708 DOCKET NO. 05-5043 CIVIL INDEX OF EXHIBITS Plaintiffs Exhibit No. 1 - Hospital records Plaintiff's Exhibit No. 2 - Medical report Plaintiff's Exhibit No. 3 - Medical report Plaintiff's Exhibit No. 4 - Medical report Plaintiff's Exhibit No. 5 - Not admitted Plaintiff's Exhibit No. 6 - Not admitted ,-c3 it SILVER CREEK FHC 310 N. Salem Church Road MECHANICSBURG, PA -,050 Patient name: 1 P Ir; ?_?) V C wv? e r c (Printed) L / Date of birth: `1 " 1 ( o ? SS#: \9-23 -1 QG- E PLAINTIFF'S EXHIBIT CHI • Pages ASSM non ape log AUTHORIZATION FOR THE RELEASE OF INFORMATION I hereby authorize Holy Spirit Health System to disclose my health information to: (Name of Requester, Medical facility, Organization, Agency) Complete Mailing Address: Address: buu_ Address: l Telephone Number - Including Area Cod??11 .\ -' 1 iC 2. For the following purpose: x r>,? 5. \CJ This request is concerning my treatment beginning In -&?, up through ?. - os . Description of information released: 1 w1 edical Record Abstract Entire Record ? Other ?xTON!! osn ebs 001W plu scan <s. Special Records: Medical Records to be released will not include records of d: ug and alcohol abuse program treatment, mental health treatment, or HIV information unless the specific spaces and boxes below are checked and initialed. This information is protected by special laws. Checking or initialing the boxes. is not a representation that such _information exists, _ .._-.___ Include drug and alcohol records ? Include HIV records ? Include mental health records Page 1/2 - AUTHORIZATION FOR THE RELEASE OF INFORMATION MRDR52 Revised: 4/11/03 The Spirit of Caring 6. Revocation and Expiration a. This authorization will expire: ? Date: ? Event: One year Unless otherwise specified, this authorization will expire 90 d s after the dad; of this request. I understand that I may revoke this authorization at any time by notifying the medical records department or custodian of records in writing. I understand that revocation will not have any affect on actions this organization took before they received the revocation. b. This authorization is voluntary. I understand that my treatment or payment for services will not be affected if I do not sign this authorization, c. I understand that if the organization authorized to receive the information is not a health plan or a health care provider, the information may no longer be protected by federal privacy regulations. 7. I understand that the provision of health care will not be conditioned on my signing this authorization, except: a. Research-related treatment maybe conditioned on my authorizing use or disclosure of my health information for the research, and b. Health care intended solely for the purpose of furnishing health information to a third party (for example, my employer), can be conditioned on my authorizing disclosure of the information to the third party. 8. I understand that once the above information is disclosed, the recipient may redisclose it and the information may not be protected by federal privacy laws or regulations. State laws limit redisclosure of drug and alcohol abuse program treatment, mental health treatment, or HIV information without a separate written consent. 0 15 Signature of patient Date ^gned by legal representative list Relationship to patient: G-?? g a re of witness Date _ID CHECKED -PROCESSED -INITIALS 9. Should the individual requesting release of records be a minor under Pennsylvania law or be mentally/physically incapacitated and unable to sign, the person's signature below stipulates that he/she is the responsible individual for the releasing party and permits the release of the necessary medical information. Patient/Guardian/Significant Other (Printed Name) Relationship to Patient Parent/Guardian/Significant Other Si nature Date Page 2/2 - AUTHORIZATION FOR THE RELEASE OF INFORMATION MRDr52 Revised: 4/11/03 PPtOBI OA DATE/PROGRE.S q, NOTES 2 C = l l? C_a3 G V L\ f? 1 i CS SJC' ?L r? ? ? C(Gl se cr c9 ?e - T7 ?: ? ? v ?-{eca to - ?cw `n u r c : f L(oK ?c<< - , 7 / ,-? ?e . I l ((4 a c?D - ?-([? l ([9 u f li,j 6. NAME- VE@(e r (fie R ? E SS.N /c/ 3 60 0/ Date SUBJECTIVE: ? 13 R I i h j Ni ?o< S ?d CsY?S ?? ?Doha Con„?f MT(lJ?,i 5-iJfo 1?-- 1 -). { I b Cn. ?.' ?, ?:.-? „V-?Mgi,gl ?r?•a OBJEC17VE: BP//(? ? P RR T Hl / Wt? (C?/ NORMAL ABNORMAL HEENf NEAR HEART LUNGS x ABD IV ,_ -m1 L tic / ( n; a.e ?rM .1 C L ti :!jv £ 1Jc. EXT NEURO RECTAL mviA OTHER ROS (chcd:c3 if positive) HA D¢xiness -c p -Palpitations -SOB -Nausca -Vomiting aDiarraea -Aoosttipation Weaknew _Urgencv -Fiequany _Dysuria _Myalgia -Artilmigia Other ASSESMENT PLAN I) P1??ho1,C 1.?vP?,?!;c - !r?sirthaLrrn!t'.'i)? ?JA-. Nlc?}vl n-"6Si4%°.,,?G"r' 2) Z) i r 3)2tLrnm1 ,cGL w>rvtr ?5_l?t? 3) rya S ate,-? - 4)_ D!, ?c V3 V',GOd c l? ,i ?? ?. r? 4) y J `? y.,(s f1 ?1 l v , rN 30SEPIY MARIO, D.O. HOLY SPIRIT HOSPITAL SILVER CREEK FAMILY HEALTH CENTER PROGRESS NOTES tvO l C71 0 jua PYi ? -7 - - l1 -m I 'ROBII SOAP DATE/PROGRESS NOT-- yv I •? ?,. ter, ??. f 1 Oy D . IA V4,0 S1Y JJR l 1 •\ O1? ???\?+J \IIN (y. X-i`r1A??'J.J A? _ ?3 v < lvwe._ L.2 5zlro ?, .i -( 5 Y- fu.-G: f1S c HOLY SPIRIT HOSPITAL f? ?e ?????' J1 V" SILVER CREEK FAMLY HEALTH CENTER PROGRESS NOTES ttmt • F I-i's • 0 a ?i7 ?2 0 -4 0 PROB# SOAP DATE/PROGRESS NOTES TELEPHONE MESSAGE - Ic "I ? S ? S - DATE: TIME:: DR: i INIT: PATIENT: I/0--'bI -'--A r1? nZ PHONE #1: PHONE #2: CALLER: 4J I? (a(I PHARMACY: PHONE #: - ONSET: HEAD CHEST ABDOMEN -FEVER -COUGH NO-PRODUCTIVE -PAW - -NOSE COLOR -CHEST PAIN -DIARRHEA -SORE THROAT -SOB -NAUSEA - -EAR PAIN _VOMMITING HEADACHE - C/C: 1. ?5 5 hCIS s /? S c S_e , h Cwa- - PLAN: INIT. I- CA 0 IT? 00V- '2V l;vimL ? ? \?jic?¢2?nL: C.{Z.?"?.7iJ x-(1;-=1; JS ,. <JI C1i ( J 50 k_JS / r -c? t e D w?c ?Uf?' (ce wo cv , ?' n? l? 7r o IPAI-, d?,/ HOLY SPIRIT HOSPITAL SILVER CREEK FAMILY HEALTH CENTER PROGRESS NOTES • • • Url!-ERIE P F AML A96. A.& PROM SOAP DATEIFIROGRESS NOTES JUN 1 4 2D75 35' a z a r? a b7t , , 77777 717/,/77 7 77 30 ??,_.? f?--?-?•???? 5 are -ta v 5 r?? ?upvh 0 V a I l Ak ! Aft A& °A?F RE{UI4ITI01, N0 AOOESSI01 NO. I A Quest ? 7 Diatmostics i h P4v9C PgTIENI Iq -?ROOI?e N? ? AGF - REF P O nTl Olv pA -&iIME LDC IA ,= REP02T DFTF KTIME Quest V Diagnostics °ATIENT NAME PATIENT ID ROOM NO. AGE SEX PHVJIMNIV 'AGE REQUISITION NO. ACCESSION N0. LAB REF. N COLLECTION DATE 8 TIME LOG-IN-DATE REPORT DATE & TIME REMARKS REPORT STATUS TEST RESULT UNITS REFERENCE SITE 1 -,. - .,. it I__. J....:. SITE SEE REVERSE EREOUISITION NO.. ACCESSION NO LAB REP. # A Quest _?)7 Diagnostics s COLLECTION DATE &TIME LOG IN 0 ATE REPORT 0 ATE &TIME ii GE REQUISITION NO ACCESSION NO. r REMARKS _ I Tote of Births 0?00iml t ar m ` h t .e: AS METABOLIC t 1; EL 6011" USE E?•I_IId l'-I FEl?i I I i l.i'?IFS I t , ' ... ES C: D I. U IM Oi:)Tr- SS3 I Qi EPLOR 131 CARBON DIOX OK 1 U-1 IDE C E •.. I r:l-'air i F, iJ! I I ..;lii I'ui-. i... P1 O(FIN, r _AL ALBUM iH BILIRUSIN, TOTAL I(. L I f RUB 1 1, D I Rl...., ..i. 3IL._IRUEIIN, !NS?'IRECE ri! 1 1 IL t. hlr.. t l ,:_d::•t I 111 :E=: AU I PARTIAL. TE-IFti1MBOPLASfT E'! T M n. ACT! 1 •rTE-'' OELCSt Ag? DiagnosficS COLLECTION DATE &TIME LOG IN DATE hEF'ORf DATE & TIME -- M 4 4.5 h-1 0 fI so., 3 I' lot) H G H 2 _5 ":1 PIE " T, t EI r i. ; RANGE FOR UNF RACT I ONATED HEPARIN THERAPY L`: W, 5 I , IIEx.E THE L MEAN OF T PE R El 1 NCL INTERVAL,, IN t-'F11 ! lI.0 : 1N t^1'rlHi l I 1-Ik:.r I :S -N APPARENT r-IL- kI.?j ._._ I Ii...,._., ' HEAii i 't l ,_ , E i. ?'v AW i-1NT A 1-r71 ... L.. it 1. i. L,'., ..,1-.!.. liL:;.i .J ,. E'F'/a'L..l'1 u. 0 , _. WHITE HL DUD VE . CH IN.! E. 1 H I r :J-'..1 ..L. a 8- 10.. 5 REV BLDDD C ELL , 1'-JI"v I 3.33 L. "1.t LL,: I, I' L.. 3.80-5.11c] !"'Ir i 111'1-.11P_. TAt 21 0 .i'._- _,. 7 - 2 .. !..,, _.i,111 P_.!.. .. ON LI .I (1=1Cif f..:.1..:a i....: ,r TESTING SITE SEE REVERSE SIDE • -05101.17E 0 j U-; !''l: Ottest L 1 CREEK l i I S, 7 ::: ! I_, j DiagllostlcS `: .ME[WAV112skun, n; COUEC'ION 0110 I V O a 193-61D i-1 :{.:.31 11 11016 i-1 patient Phone: 7i7.597.7061 Fluid PLATELET COUNi N O LL LVMPI ( "' EI ::; 290 7 l::'IO OLi.1TE MO4N:1CYYES 11 E9 nB CN..LJE t+A OPlILS 75 < NEITTKur"VILS i 4- LYMPHOCYTES 1[:.'.17) .L NE.l}"lE-!I, t...:J (•.. IifaSOPH I L_c I PRO THROMBIN TIME W10 lhill I1I E f'I,IE...,.., 111'lA NORMALIZED 40710 (I N I'?' , I . 1. AGE X PH I_OG IN Df TE 00122005 uELLS/MCL r.l..r A V(:;L F:L..L-4 Ira CE .!.?:. 11.:.1_ LE,4_L.E MILL. 9 J4 `t.:l 1.1 DATE &TIME s FAST I 1500-7800 850- 901'1 100- 0 1 5 `R?' 0-200 IN REFERENCE I} r:_I'COA HI=OL 12S TO ' I T;f_.I11 , NOT ON ANTICOAGULANT THERAPY; SU BE ST INR iHERAOE U IC I?FlldOE E-1 91% tiff C13FU L G=1NT THERAPY (STABLY F=1N I IE OJ ATliiD P TIENT 1 PATIENT ID LAB HEr. H I::;oUT NEE THERAPY, RECURRENT MYOCARDIAL INFARK13PH ';11:; ME r.l'tlNIFSAL.. {='FtLSTHEETI nL ''J' S: 11 . 42, 019- . 1. 0-- A0 . ... . 'I-.. L.. EJ 17. 'i PROTHHUMBIN VV: hd1= _)r REPORT -- : t IANE, VA CC41E P;ECXA1d0_JVitia1 211.3IP " -- hart Disposition „normal- File/Normal letter _Pending R ,Abnormal. Nurse/orderTp'I`??Dt?"y V' w ?0 ? , pt. -Abnormal No action indicated. F118 notified of lab results, 'vr?\6Will discuss @ FUA SEE REVERSE SIDE Lab Results BEANE fALERIE D F 43 MS7W / 741 02 MED Pt#: 25711748 Atn Dr: GHOSH SUPRIYO U Adm Dt: 06/15/05 IA -------- Isol: --------------- --- Mr#: 172964 ------------------------------ ---------------------- -- NORMAL RANGE 06/16/05 06/15/05 CHEMISTRY 05:55 15:00 14:45 GLUC 65-140 82 CA 8.4-10.2 7.6* AST 0-31 138* T ALKP 35-104 224* T TP 6.4-8.3 7.0 ALB 3.4-4.8 2.3* TBIL 0.0-1.0 9.4* T DBIL BUN 6-20 4* T CREA 0.5-1.0 0.5 NA 133-145 136 K 3.5-5.1 2.3* T CL 96-108 98 CO2 22-30 27 ALT 0-31 24 FE 30-160 75 UIBC 110-370 97* TIBC 228-428 172* HCG SER QUAL AMYL 28-100 36 LIPASE 13-60 90* AMMONIA 11-48 58* 31 RETIC COUNT 0.5-1.8 5.2* FLUID ALBUM 0.8 T SAT 44 06/15/05 CHEMISTRY CON 13:00 GLUC 65-140 84 CA 8.4-10.2 7.8* AST 0-31 165* T ALKP 35-104 268* T TP 6.4-8.3 7.7 ALB 3.4-4.8 2.5* TBIL 0.0-1.0 7.1* T DBIL 0.0-0.3 4.9* T BUN 6-20 3* T CREA 0.5-1.0 0.5 NA 133-145 131* K 3.5-5.1 3.2* CL 96-108 95* CO2 22-30 25 ALT 0-31 26 FE UIBC TIBC HCG SER QUAL NEGATIVE T AMYL 28-100 44 LIPASE 13-60 75* AMMONIA RETIC COUNT FLUID ALBUM 11 :18 06/16/05 FROM LE4I,ZRPRTGFI 8ZII0767 Lab Results BEANE VALERIE D F 43 MS7W / 741 02 MED Pt#: 25711748 Atn Dr: GHOSH SUPRIYO U Adm Dt: 06/15/05 IA Isol: Mr#: 172964 -------------------------- - ---------------------------------------------------- NORMAL RANGE 06/15/05 CHEMISTRY CON 13:00 SAT 06/16/05 06/15/05 HEMATOLOGY 05:55 17:55 16:03 WBC 3.5-9.5 15.1* RBC 3.75-4.87 2.57* HGB 11.1-14,3 8.8* HCT 33.0-42.0 27.7* MCV 77.9-96,5 107.8* T MCH 25.0-32,8 34.2* MCHC 31.0-37,0 31.7 RDW 10.8-15,9 25.3* PLTC 133-394 157 MPV LYMPH MONO % GRAM % EOSIN 0-8 BASO % LYMPH # MONO # GRAN # EOSIN # BASO # APTT 22.7-33.2 36,3* T PTP 9.6-12.0 14.5* 13.4* INR 0.9-1.1 1.3* T 1.2* T FLUID TYPE FLUID VOLUME COLOR FLUID CLARTY FLUID RBC FLUID WBC FLUID POLY FLUID MONO FLUID LYMPH FULID EOSIN OTHER CELLS OTHER 1 FLD MESOTHEL FLD MACROPHA PYKNOTIC SEG Continued== = 06/15/05 HEMATOLOGY CON 15:00 13:00 WBC 3.5-9.5 17.9* RBC 3.75-4.87 2.24* HGB 11.1-14.3 8.0* HCT 33.0-42.0 25,7* MCV 77.9-96.5 114.7* MCH 25.0-32.8 35.7* MCHC 31.0-37.0 31.1 Continued=====_==========_____ 11:18 06/16/05 FROM LE4I,ZRPRTGFI 8ZII0767 Lab Results BEAVE VALERIE D F 43 MS7W / 741 02 MED Pt#: 25711748 Atn Dr: GHOSH SUPRIYO U Adm Dt: 06/15/05 IA Isol: Mr#: 172964 ---------------------------------------------------------- --------------------- NORMAL RANGE HEMATOLOGY CON RDW PLTC MPV LYMPH % MONO GRAM EOSIN BASO LYMPH # MONO # GRAN # EOSIN # BASO # APTT PIP INR FLUID TYPE FLUID VOLUME COLOR FLUID CLARTY FLUID RBC FLUID WBC FLUID POLY FLUID MONO FLUID LYMPH FULID EOSIN OTHER CELLS OTHER 1 FLD MESOTHEL FLD MACROPHA PYKNOTIC SEG 10.8-15.9 133-394 8.9-12.5 15.3-44.3 3.3-12.6 43.9-75.5 1-6 0-1.4 0.5-4.2 0.1-1.2 1.5-7.1 0.0-0.5 0.0-0.1 06/15/05 15:00 SEE TEXT 15.0 YELLOW CLEAR 500 60 4 18 16 PENDING PT PENDING PT PENDING PT 43 T 19 PENDING PT 06/15/05 13:00 21.5* 178 10.9 9.3* 6.0 83.7* 0.2* 0.8 1.7 1.1 15.0* 0.0 0.1 URINALYSIS 14:00 COLOR AM,ST,YE YELLOW CLARITY CLEAR HAZY PH URINE 4.5-8.0 6.5 SPEC GRAVITY 1.002-1.030 1.010 GLUC URINE NORMAL NORMAL KETONES UR NEGATIVE NEGATIVE BILI URINE NEGATIVE SMALL T OCULT BLD NEGATIVE TRACE PROTEIN UR NEGATIVE NEGATIVE NITRITE URN NEGATIVE NEGATIVE LEUKO URN NEGATIVE NEGATIVE RBC URINE 0-2 3-5 WBC URINE 0-5 0-2 EPI CELLS 0-5 6-10 BACT NEGATIVE 1+ HYALINE CAST 0-2 0-2 COPS GRAN CS 0 0-2 of 11:18 06/16/05 FROM LE4I,ZRPRTGFI 8ZII0767 Microbiology Results Organism Detail BEANE -tALERIE D F 43 MS7W / 741 02 MED Pt#: 25711748 Atn Dr: GHOSH SUPRIYO U Adm Dt: 06/15/05 IA Isol: Mr#: 172964 ------------------------------------------------------------------------------ - Date/Time: 06/15/05 14:45 Resp Party: AUTODF Specimen No: M3999037 Unit of Measure: Org Seq No: Abnormal Ind: Status: P Critical Ind: Obsv Cd/Name: BLDC / Obsv Value: BLD CULTURE NO ORGANISMS ISOLATED (SEE NOTE) PLEASE NOTE: THIS IS A PRELIMINARY REPORT. ROUTINE BLOOD CULTURES ARE EVALUATED OVER A 5 DAY PERIOD BEFORE A FINAL NEGATIVE RESULT IS REPORTED. POSITIVE CULTURES WILL BE CALLED. 11:18 06/16/05 FROM LE4I,ZRPRTGF6 BZII0768- Microbiology Results Organism Detail BEANE ,VALERIE D F 43 MS7W / 741 02 MED Pt#: 25711748 Ate br: GHOSH SUPRIYO U Adm Dt: 06/15/05 IA Isol: Mr#: 172964 - ------------------------------------------------------------------------------ Date/Time: 06/15/05 14:40 Resp Party: AUTODF Specimen No: M3999036 Unit of Measure: Org Seq No: Abnormal Ind: Status: P Critical Ind: Obsv Cd/Name: BLDC / Obsv Value: BLD CULTURE NO ORGANISMS ISOLATED (SEE NOTE) PLEASE NOTE: THIS IS A PRELIMINARY REPORT. ROUTINE BLOOD CULTURES ARE EVALUATED OVER A 5 DAY PERIOD BEFORE A FINAL NEGATIVE RESULT IS REPORTED. POSITIVE CULTURES WILL BE CALLED. 11:18 06/16/05 FROM LE4I,ZRPRTGF6 8ZII0769 Microbiology Results Microbiology Results EEANE JALERIE D F 43 MS7W / 741 02 MED Pt#: 25711748 Atq Dr: GHOSH SUPRIYO U Adm Dt: 06/15/05 IA Isol: Mr#: 172964 -------------------------------------------------------------------------------- Spec # M3999031 SOURCE COLCT DT/TM: 06/15/05 14:00 STS UR GRAM SMER WMS 06/15/05 14:00 F NOT PERFORMED - URINE SCREEN NEGATIVE URN CULTURE WMS P NO ORGANISMS ISOLATED of 11:19 06/16/05 FROM LE4I,ZRPRTGF4 iYALS071 I"m. A'.1 E jP 4 - I , . OLlest A Il ? ? Dia nc>sucs ? A 17050 -52W' ? 'ATIENT NAME PATIENT ID ROOM NO. AGE SEX PHYSICIAN ff AC E REOUISITION NO ACCESSION NO ? LAB REF. # CO LLECTION DATE & TIME LOG IN DAl E REPORT DATE 811ME { AL 0000216 +? E `i 1 ' 06142005 1 0 ( 6-210 J 115 0C15 .I I I :I r REMARKS P lS E E NU EPSTER, SS#: 193-LO-0118 FINAL. Date of E-ir I I1: I? 10/1511:::1. Patient wunu: (P: 172 i k _: "'.111 Ii 11..../ i-. •. OR PROPER COLLECTION U SAMPLES TO BE t-dNt,L1 _E Pump c: I.. L .,. E:NTI"1L-. HE iAlrll U..NIA CONTENT OF WHOLE BLOOD INCREASES RAPIDLY AT ROOM TEMPERATURE. ED TA PLASMA cjl(u.JLD BE L DVI f ! RDM ._I O l;OD CELLS IAPI'D FROZEN i'NEDIiATEI.Y AFTER VENIPU NCTUIRE . END q REP S T -- LEf l deE oiAL.L RIE NE2 47 is K ate/Initial 61, 1 L hart Disposition ,__,_normal- File/Normal letter Pending )C._ Abnormal. Nurse?order ?Abnormal. No action indicated. File Pt. notified of lab results. _ Will discuss @ FUA PENT NAME PATIENT ID R EQ UISTIODNO ACCESSION IIWEI: 3 A 11lfI l- D a.t Girth; Q ;.'OL:-J. Patient Ph iae:: r'.. 113:1. fE EkSl in I r ... G LC _._, I 1 p_Pdr:P.ll. 00N/LREW 10 HE RH! 1., Daw! W--. - -.. C::1 {I ' R I l:'d:E. C? F ', T. LJi*7 c:i'CIKIN, TOTAL AMIN Tarr r: L ALKALINE I'tDRril-'IIr _t:, I AL I 4 ('44 Quest HUUM NU AGE SEX PHYSICIAN I JLLECTION DATE & TIME LOG IN DATE REPORT DATE 8 TIME VERIFIED P REPEAT RPI 1 YSIS 132 I_. _ ... ... .: c,; 17L. ..,.: tip'-'+;... ,. - 0.5 L.. t 4.11_ I_' 1 4 29 1 F-I U. 20-1 1 •, El z & Y.. PARTIAL. T4iR OMl2•C.iP1._ASTIN TWE, 0071 JPTEli '5 ?DND E 12- 11 ''id0E ' 1011 _'..01'1 I DI F Dt_i`i t=r . L I.; 'e.:1.. .. ..•::. ....'-.JI' l.'.-,. i'i -{ . Y1!_10.01 _, -'.n'_._ .:...;... . ,::: RI 1) r OrlL -?.... L- ..'LIT L. 2.38 t ...L.. I:",_. ,:00-5. 14:7 EI IOGI !_bbI O .E 1_ E"IEcMATGCP?IT 20.7 L. % 35. 0-,5.0 , l.. 112.3 1'{ 163 I { I' L 80. 0U i __ .. I . Alf! 1..8 H 11.10-15.11 7:, i•IO_UIE NEUTi ttlt_: 11100 H CELL..` MLL. 1000 01Z ca. :'!. U71 LAND NI.'.1 RO 4a I- 600 CL. . I I 7"51::1 ABSOLUTE r"'7E-1'-OCY El*-, i5C. I EL L SZ M L fi c 250-390c _ . . . _ , , n . .. _1? E_ . I i U f ' 1 ALL ._51'1:1 Fig 11.. is i -:. i;.: L, -:. _c EL.i... _ 1 .... I , ',::'IUD; I SPORT CONTINUED ON NE Pl._ BEa=. a .' ' tif.?.' , . .. Sao pi 071?41- INOICATFS TFSnNil: ITn coo V7LVR VVKEV t + 1.. ?. .f- E REQUISITION NO 1 ACCFS fO1J IJO '-LAB HLF "I kl 1N(l-i ,.._ i.. '!'-01' __ F1 Dote ur Birth: 0016/1901 Patient ?-'{-'iOTIE 717.S97-70Q, --d- (ENCLu L s D:l flLT +;r]N"I INUE:D) N6EUT!'OPHl LS 74 f°1.JIAj L_ a' 1 i.._-- 9' Eis RIND 'HIl_::s 1. tiASOP'H 1 L_ :; i t ::;rIME:ENT (5) L1CSt I 91 91 Diagnost]CS 41 1 F:. ,_ rAR1, I, EPH RI UUNDATE&TIME 06142005 1020 PHISOCYTOSIS .: Ot._IS + i-ROTHROM1:1:IN TIME WTTH INR [I11' IJa]=i' iJNAi.. 'd I E'IrIL+ Z`iY7 1. 1 =10 (INK 1 REFERENCE I+ .:cRVhf! APPLIES TO ?W)WK Nf,',1 i_)i,i t=',,"(TL:[1;.:.1i LiL43Pd'1" THERAPY. '3i){aGfcSTED INR THERAPEUTIC RANGE FOR DN L I:;I 11 +C=I_'!I.f;l "i" IE1=10 ("11'ABL.( f-NT'+O NGU A E1.) WWI F::.... . ROUTINE THERAPY: RECURRENT != YOC:f-aRCl:[RL LE'dFARLT:;' i'.j OR MECHANICAL PROSTHETIC YALVES; PRE' ;(:.:,; 1 iN f fF 10. J'2 ,t.UON I END I REPORT iilk:..,;' (..-. L.FiI6 NG250I!. a 10 ?6 ? ufv' Al? 0. D 1. 1. 2.0- 3.0 9.0 -- 1 1 . t. - mm! SITF FFF Radiology Results Text Results BEANE -VALERIE D F 43 MS7W / 741 02 MED Pt#: 25711748 At, nr: GHOSH SUPRIYO U Adm Dt: 06/15/05 IA Isol: Mr#: 172964 -------------------------------------------------------------------------- OBSV CODE: ABD LIM DATE/TIME 06116105 09:35 STATUS: F EXAMINATION: ABDOMINAL LIM US 76705 - 06/16/2005 COMMENTS: Exam: Limited abdominal ultrasound History: Jaundice, ascites. Results: The study is compared to a prior examination from June 14, 2005. The liver is enlarged and measures 20.5 cm echogenic consistent with hepatic steatosi; thickened which may be due to the presence pericholecystic fluid identified. There is Murphy's sign. Common bile duct measures 0 limits. The pancreas was not visualize due . The hepatic parenchyma is The gallbladder wall is of ascites. There is a negative sonographic .4 cm which is within normal to overlying bowel gas. CONCLUSION: Impression: Ascites. Echogenic hepatic parenchyma consistent with hepatic steatosis. Hepatomegaly. Gallbladder wall thickening likely due to the presence of ascites. DICTATED BY:NEETI B GOEL M.D. / PSC DATE OF EXAM:06/16/2005 ==-==End of 11:19 06/16/05 FROM LE4I,ZRPRTGF2 8ZII0771 Radiology Results Text Results BEANE VALERIE D F 43 MS7W / 741 02 MED Pt#: 25711748 Atr1 Err: GHOSH SUPRIYO U Adm Dt: 06/15/05 IA Isol: Mr#: 172964 --------------- ---------------------- OBSV CODE: CT BRAIN WO DATE/TIME 06/16/05 01:59 STATUS: F EXAMINATION: CT BRAIN WO CON 70450 - 06/16/2005 COMMENTS: Exam: CT head History: trauma patient fell Results: Study was performed without IV contrast. The ventricular system is within average. There does appear to be a mild degree of cortical and cerebellar atrophy. No hematoma formation is noted. The bony calvarium is intact. No definite high or low density abnormalities are detected. CONCLUSION: Impression: Mild cortical and cerebellar atrophy. No additional significant findings. DICTATED BY:THOMAS PIETRAS M.D. / PSC DATE OF EXAM:06/16/2005 ===End of Report_______________________________ 8ZII0772 11:19 06/16/05 FROM LE4I,ZRPRTGF2 Radiology Results Text Results BEANE VALERIE D F 43 MS7W / 741 02 MED Pt#: 25711748 Atn.Irr: GHOSH SUPRIYO U Adm Dt: 06/15/05 IA Isol: Mr#: 172964 ------------------------------------------------------------- ------ OBSV CODE: CHEST PORT DATE/TIME 06/15/05 15:29 STATUS: F EXAMINATION: CHEST PORTABLE 71010 - 06/15/2005 COMMENTS: Chest portable, one view, 6/15/2005 at 15:30 hours. Indication: Cough. Smoker. The lungs are clear. The heart is normal in size and pulmonary vasculature is normal. The left breast is significantly smaller than the right possibly from a prior lumpectomy. CONCLUSION: Conclusion: No active disease. DICTATED BY:HAROLD RABIN M.D. / PSC DATE OF EXAM:06/15/2005 __________________=End of 11:19 06/16/05 FROM LE4I,ZRPRTGF2 8ZII0773 rwiy olnui I WaNraai r -TENT: SEC: D DR: TYPE: 3: :ATION: Department of Radiology and Diagnostic Imaging " Camp Hill, Pennsylvania 17011 (717) 763-2600 BEANE, VALERIE D DICTATION DATE: Jun 14 2005 1:45P 172964 TRANSCRIPTION DATE: Jun 14 2005 1:45P 193-60-0188 JOSEPH DEMARIO M.D. R 07/16/1961 OF RAD- ADM DATE: 06/14/2005 ARRIVAL DATE: 06/14/2005 HOSP SERVICE: USR """Final Report*** kMINATION: ABDOMEN US 76700 - 06/14/2005 COMMENTS: EXAM: ABDOMINAL ULTRASOUND iistory: Ascites, liver failure. Results: There are no comparison exams. Liver is enlarged measuring 21.6 cm. There is increased echogenicity secondary o fatty infiltration. Pancreas is not visualized. Spleen is of normal size and echogenicity 8.8 cm. Bilateral kidneys Jemonstrate normal corticomedullary differentiation. There is no hydronephrosis right measures 10.2 left 10.9. Proximal aorta not visualized mid 1.6 cm distal 1.3 cm. Common bile duct measures 3 mm. Gallbladder wall is thickened, however, his is felt to be due to moderate amount of ascites throughout all four quadrants. CONCLUSION: Impression: Moderate ascites. Fatty infiltration of liver. DICTATED BY: KRISTEN GRUBB M.D. / PSC DATE OF EXAM: 06/14/2005 SIGNED BY: KRISTEN GRUBB M.D. DATEITIME: Jun 14 2005 3:20P CUP qiA ?I ate/Initial ' ?4? -?? hart Disposition __-normal -File/Normal letter Pending /.--Abnormal . Nurse./order Abnormal, No action indicated Pt. notified of lab results. _ Will discuss @ FUA File Imaging Services Consultation Page 1 RECEIVED taw°?' U s %uL5 PatientID: 27033 Patient Name: VALERIE D BEANE Date of Birth: 07/16/1961 Social Security Number: 193-60-0188 Date of Service: 10/24/2005 Jackson Gastroenterology 423 N. 21st St. Ste 100 Camp Hill, PA 17011 ABDOMEN - HERNIA: No obvious hernias. LIVER/KIDNEYS/SPLEEN: No hepatomegaly. No splenomegaly. Extremities are free of clubbing or deformities. Feet appear normal. ASSESSMENT PLAN: 573-OTHER DISORDERS OF LIVER ASSESSMENT: Resolved alcoholic hepatitis 357.5-ALCOHOLIC POLYNEUROPATHY PLAN: A letter is being sent to PCP. and neurology RETURN VISIT: Patient is given a follow-up appointment in 10 weeks. Scheduled for 1-3-06 at 9:45 AM./SS MEDICATIONS: NEURONTIN ORAL CAPSULE CONVENTIONAL 300 MG, 1 T.LD, 90 Dispensed, 30 Duration/Days Supply, status: NEW PRESCRIPTION, 10/24/2005. Script given to patient./SS Referral to Dr. Dukkipati for peripheral neuropathy. Scheduled for 12-15-05 at 9:15 AM. Records faxed to Dr. Dukkipati at 975-0670./SS Electronically Signed by: SI-LANNON SHAFFER, LPN on Tuesday, October 25, 2005 Electronically Signed by: David S. Mize, MD on Wednesday. October 26, 2005 PuINTIFPS EXHlatr Page 2 of 2 Jackson Gastroenterology 423 N. 21st St. Ste 100 Camp Hill, PA 17011 PatientID: 27033 Patient Name: VALERIE D BEANE Date of Birth: 07/16/1961 Social Security Number: 193-60-0188 Date of Service: 10/24/2005 REFERRING PHYSICIAN: SUPRIYO GHOSH MD PCP is Dr. DeMario CHIEF COMPLAINT: Here for follow up evaluation. HISTORY: 573-OTHER DISORDERS OF LIVER Patient complains of burning in her feet, and cramping in her toes. Patient tried the Magnesium which didn't help. She is currently taking a multivitamin daily. Patient denies abdominal pain. No itching. Has not had any alcohol. Appetite is good. Energy is so-so. ALLERGIES REVIEWED DENIES LATEX ALLERGY NO KNOWN DRUG ALLERGIES MEDICATIONS: LACTULOSE ORAL SOLUTION 10 GM/15ML, AS NEEDED MULTIVITAMINS ORAL TABLET, 1 QD PAST MEDICAL/SURGICAL HISTORY: SURGICAL: SURGICAL HISTORY:UMBILICAL HERNIA REPAIR X-RAY RESULTS: CT ABD AND PELVIS: 8-30-05 CT scan was done prior to hernia repair. CT scan showed resolution of ascites, normal appearance of IVC and hepatic veins, small fat containing ventral hernia. REVIEW OF SYSTEMS: RESPIRATORY: No cough or wheezing. CARDIAC: No chest pain, shortness of breath, or edema. GI: See history of present illness. PSYCHIATRIC: No history of depression or bad nerves. GENITOURINARY: No burning on urination or blood in urine. HEMATOLOGIC/LYMPHATIC: No bruising, bleeding gums, or nosebleeds. PHYSICAL EXAMINATION VITALS: BP: 100/60 Left Arm Sitting WT:1241bs CONSTITUTIONAL: Healthy appearing 44 y F in no acute distress. CARDIOVASCULAR: Regular rate and rhythm. No murmurs, gallops or rubs. GASTROINTESTEQAL: ABDOMEN: Soft, non-tender, non-distended, normal bowel sounds. No masses. Page 1 of 2 Jackson Gastroenterology 423 N. 21st St. Ste 100 Camp Hill, PA 17011 PatientID: 27033 Patient Name: VALERIE D BEANE Date of Birth: 07/16/1961 Social Security Number: 193-60-0188 Date of Service: 10/24/2005 ABDOMEN - HERNIA: No obvious hernias. LIVER/KIDNEYS/SPLEEN: No hepatomegaly. No splenomegaly. Extremities are free of clubbing or deformities. Feet appear normal. ASSESSMENT 573-OTHER DISORDERS OF LIVER ASSESSMENT: Resolved alcoholic hepatitis 357.5-ALCOHOLIC POLYNEUROPATHY PLAN: PLAN: A letter is being sent to PCP. and neurology RETURN VISIT: Patient is given a follow-up appointment in 10 weeks. Scheduled for 1-3-06 at 9:45 AM./SS MEDICATIONS: NEURONTIN ORAL CAPSULE CONVENTIONAL 300 MG, 1 T.I.D, 90 Dispensed, 30 Duration/Days Supply, status: NEW PRESCRIPTION, 10/24/2005. Script given to patient./SS Referral to Dr. Dukkipati for peripheral neuropathy. Scheduled for 12-15-05 at 9:15 AM. Records faxed to Dr. Dukkipati at 975-0670,/SS Electronically Signed by: SHANNON SHAFFER, LPN on Tuesday, October 25, 2005 Electronically Signed by: David S. Mize, MD on Wednesday, October 26, 2005 Page 2 of 2 Jackson Gastroenterology 423 N. 21st St. Ste 100 Camp Hill, PA 17011 PatientID: 27033 Patient Name: VALERIE D BEANE Date of Birth: 07/16/1961 Social Security Number: 193-60-0188 Date of Service: 10/24/2005 REFERRING PHYSICIAN: SUPRIYO GHOSH MD PCP is Dr. DeMario CHIEF COMPLAINT: Here for follow up evaluation. HISTORY: 573-OTHER DISORDERS OF LIVER Patient complains of burning in her feet, and cramping in her toes. Patient tried the Magnesium which didn't help. She is currently taking a multivitamin daily. Patient denies abdominal pain. No itching. Has not had any alcohol. Appetite is good. Energy is so-so. ALLERGIES REVIEWED DENIES LATEX ALLERGY NO KNOWN DRUG ALLERGIES MEDICATIONS: LACTULOSE ORAL SOLUTION 10 GM/15ML, AS NEEDED MULTIVITAMINS ORAL TABLET, 1 QD PAST MEDICAL/SURGICAL HISTORY: SURGICAL: SURGICAL HISTORY:UMBILICAL HERNIA REPAIR X-RAY RESULTS: CT ABD AND PELVIS:8-30-05 CT scan was done prior to hernia repair. CT scan showed resolution of ascites, normal appearance of IVC and hepatic veins, small fat containing ventral hernia. REVIEW OF SYSTEMS: RESPIRATORY: No cough or wheezing. CARDIAC: No chest pain, shortness of breath, or edema. GI: See history of present illness. PSYCHIATRIC: No history of depression or bad nerves. GENITOURINARY: No burning on urination or blood in urine. HEMATOLOGIC/LYMPHATIC No bruising, bleeding gums, or nosebleeds. PHYSICAL EXAMINATION VITALS: BP:100/60 Left Arm Sitting WT:1241bs CONSTITUTIONAL: Healthy appearing 44 y F in no acute distress. CARDIOVASCULAR: Regular rate and rhythm. No murmurs, gallops or rubs. GASTROINTESTINAL: ABDOMEN: Soft, non-tender, non-distended, normal bowel sounds. No masses. Page 1 of 2 Jackson Gastroenterology 423 N. 21st St. Ste 100 Camp Hill, PA 17011 PatientID: 27033 Patient Name: VALERIE D BEANE Date of Birth: 07/16/1961 Social Security Number: 193-60-0188 Date of Service: 07/25/2005 CARDIAC: No chest pain, shortness of breath, or edema. GI: See history of present illness. HEMATOLOGIC/LYMPHATIC: No bruising, bleeding gums, or nosebleeds. PHYSICAL EXAMINATION: VITALS: BP: 100/60 Right Arm Sitting WT:113lbs CONSTITUTIONAL: Healthy appearing 44 y F in no acute distress. GENERAL APPEARANCE: The patient appears mildly ill. APPEARS GREATER THAN STATED AGE, generalized muscle wasting present, appropriately groomed, normally nourished. EARS, NOSE, MOUTH AND THROAT: EXTERNAL EARS/NOSE (PE): Overall appearance normal with no scars, lesions or masses. ORAL: Inspection of gums, lips, palate, and teeth normal. No scars, lesions, or masses. Oral mucosa unremarkable with non-inflamed posterior pharynx. EYE EXAM: CONJUNCTIVAE/LIDS: Conjunctivae and lids appear normal, sclera are clear. NECK/THYROID: No thyromegaly or lymphadenopathy. RESPIRATORY: Clear to auscultation bilaterally. CARDIOVASCULAR: Regular rate and rhythm. No murmurs, gallops or rubs. GASTROINTESTINAL: ABDOMEN: There is no tenderness to abdominal palpation in all quadrants, abdominal striae noted, normal bowel sounds are present, umbilical hemia present. ABDOMEN - HERNIA: A SMALL, REDUCIBLE, NON-TENDER UMBILICAL HERNIA IS PRESENT. LIVER/KIDNEYS/SPLEEN: The liver edge is palpable at the right midclavicular line 5 cm below the costal margin. No splenomegaly. MUSCULOSKELETAL: Extremities are free of clubbing or deformities. NEUROLOGICAL: PLAINTIFF'S Neurologic exam is grossly normal. EXHIBIT PSYCHIATRIC: Patient is oriented to person, place and time. Mood and affect appear normal. ?? ASSESSMENT 573-OTHER DISORDERS OF LIVER ASSESSMENT: Alcoholic hepatitis. Improving. No signs of encephalopathy now. PLAN: LABS: Laboratory tests ordered today include CBC, comprehensive metabolic profile, LFT's. ammonia, B12, folate. Page 2 of 3 Jackson Gastroenterology 423 N. 21st St. Ste 100 Camp Hill, PA 17011 PatientID: 27033 Patient Name: VALERIE D BEANE Date of Birth: 07/16/1961 Social Security Number: 193-60-0188 Date of Service: 07/25/2005 PRIMARY CARE PHYSICIAN: Joseph DeMario REFERRING PHYSICIAN: SUPRIYO GHOSH MD CHIEF COMPLAINT: The patient is referred for ascites, alcoholic liver disease. HISTORY OF PRESENT ILLNESS: LIVER PROBLEMS: The patient was diagnosed with liver problems one month ago. Patient complains of RUQ tenderness. Complains of joint pain and itchiness in inner thighs, shoulders. Appetite is getting better. Energy is low. Patient states she had elevated ammonia level while in the hospital. She experienced confusion. No confusion at this time. ALLERGIES REVIEWED DENIES LATEX ALLERGY NO KNOWN DRUG ALLERGIES MEDICATIONS: FOLIC ACID ORAL TABLET 1 MG, I QD LACTULOSE, ONE TBSP DAILY SPIRONOLACTONE ORAL TABLET 25 MG, 1 QD STUDIES: NL: ABNL: 7-12-05 CBC, CHEM- see labs. SOCIAL HISTORY: MARITAL STATUS: Separated. TOBACCO USE: Currently smokes 1 PPD. ALCOHOL: Patient admits to heavy alcohol use. Has not drank any alcohol since 6-14-05. Patient states she drank alcohol daily for many years. OCCUPATION: Unemployed. CAFFEINE: A moderate amount of caffeinated beverages daily. ILLICIT DRUG USE: Previously used cocaine, previously used marijuana. FAMILY HISTORY: FATHER: The father is deceased. Death occurred at age 72. The cause of death was colon cancer, liver cancer. MOTHER: The mother is living. SIBLINGS: SISTERS: The patient has 3 sisters. BROTHERS: The patient has 2 brothers. CHILDREN: 2 sons REVIEW OF SYSTEMS: RESPIRATORY: No cough or wheezing. Page I of 3 Jackson Gastroenterology 423 N. 21st St. Ste 100 Camp Hill, PA 17011 PatientID: 27033 Patient Name: VALERIE D BEANE Date of Birth: 07/16/1961 Social Security Number: 193-60-0188 Date of Service: 07/25/2005 RETURN VISIT: Patient is given a follow-up appointment in 1 month. Scheduled for 8-26-05 at 10:00 AM./SS Counseled about the importance of continued alcohol cessation. Electronically Signed by: SHANNON SHAFFER, LPN on Monday, July 25, 2005 Electronically Signed by: David S. Mize, MD on Wednesday, August 03, 2005 Page 3 of 3 Jackson Gastroenterology 423 N. 21st St. Ste 100 Camp Hill, PA 17011 PatientID: 27033 Patient Name: VALERIE D BEANE Date of Birth: 07/16/1961 Social Security Number: 193-60-0188 Date of Service: 07/25/2005 CARDIAC: No chest pain, shortness of breath, or edema. GI: See history of present illness. HEMATOLOGIC/LYMPHATIC: No bruising, bleeding gums, or nosebleeds. PHYSICAL EXAMINATION: VITALS BP: 100/60 Right Arm Sitting WT:113lbs CONSTITUTIONAL: Healthy appearing 44 y F in no acute distress. GENERAL APPEARANCE: The patient appears mildly ill. APPEARS GREATER THAN STATED AGE, generalized muscle wasting present, appropriately groomed, normally nourished. EARS, NOSE, MOUTH AND THROAT: EXTERNAL EARS/NOSE (PE): Overall appearance normal with no scars, lesions or masses. ORAL: Inspection of gums, lips, palate, and teeth normal. No scars, lesions, or masses. Oral mucosa unremarkable with non-inflamed posterior pharynx. EYE EXAM: CONJUNCTIVAE/LIDS: Conjunctivae and lids appear normal, sclera are clear. NECK/THYROID: No thyromegaly or lymphadenopathy. RESPIRATORY: Clear to auscultation bilaterally. CARDIOVASCULAR: Regular rate and rhythm. No murmurs, gallops or rubs. GASTROINTESTINAL: ABDOMEN: There is no tenderness to abdominal palpation in all quadrants, abdominal striae noted, normal bowel sounds are present, umbilical hernia present. ABDOMEN - HERNIA: A SMALL, REDUCIBLE, NON-TENDER UMBILICAL HERNIA IS PRESENT. LIVER/KIDNEYS/SPLEEN: The liver edge is palpable at the right midelavicular line 5 cm below the costal margin. No splenomegaly. MUSCULOSKELETAL: Extremities are free of clubbing or deformities. NEUROLOGICAL: Neurologic exam is grossly normal. PSYCHIATRIC: Patient is oriented to person, place and time. Mood and affect appear normal. ASSESSMENT 573-OTHER DISORDERS OF LIVER PLAN: ASSESSMENT: Alcoholic hepatitis. Improving. No signs of encephalopathy now. LABS: Laboratory tests ordered today include CBC, comprehensive metabolic profile, LFT's. ammonia, B12, folate. Page 2 of 3 Jackson Gastroenterology 423 N. 21st St. Ste 100 Camp Hill, PA 17011 PatientID: 27033 Patient Name: VALERIE D BEANE Date of Birth: 07/16/1961 Social Security Number: 193-60-0188 Date of Service: 07/25/2005 PRIMARY CARE PHYSICIAN: Joseph DeMario REFERRING PHYSICIAN: SUPRIYO GHOSH MD CHIEF COMPLAINT: The patient is referred for ascites, alcoholic liver disease. HISTORY OF PRESENT ILLNESS: LIVER PROBLEMS: The patient was diagnosed with liver problems one month ago. Patient complains of RUQ tenderness. Complains of joint pain and itchiness in inner thighs, shoulders. Appetite is getting better. Energy is low. Patient states she had elevated ammonia level white in the hospital. She experienced confusion. No confusion at this time. ALLERGIES REVIEWED DENIES LATEX ALLERGY NO KNOWN DRUG ALLERGIES MEDICATIONS: FOLIC ACID ORAL TABLET 1 MG, 1 QD LACTULOSE, ONE TBSP DAILY SPIRONOLACTONE ORAL TABLET 25 MG, 1 QD STUDIES: NL: ABNL: 7-12-05 CBC, CHEM- see labs. SOCLAL HISTORY: MARITAL STATUS: Separated. TOBACCO USE: Currently smokes I PPD. ALCOHOL: Patient admits to heavy alcohol use. Has not drank any alcohol since 6-14-05. Patient states she drank alcohol daily for many years. OCCUPATION: Unemployed. CAFFEINE: A moderate amount of caffeinated beverages daily. ILLICIT DRUG USE: Previously used cocaine, previously used marijuana. FAMILY HISTORY: FATHER: The father is deceased. Death occurred at age 72. The cause of death was colon cancer, liver cancer. MOTHER: The mother is living. SIBLINGS: SISTERS: The patient has 3 sisters. BROTHERS: The patient has 2 brothers. CHILDREN: 2 sons REVIEW OF SYSTEMS: RESPIRATORY: No cough or wheezing. Page 1 of 3 ,t?ftt'? Quest V Diagnostics QUEST CSAGNOSTICS INCORPORATE? PATIENT IN?ORMITTOTi BEANE,VALERIE D REPORT STATUS Final ORDERINC PEYSICTAia NIZE,DAVID M DOB: 07/16/1461 Age: 44 RE?OR°_ED: 0%/2612005 -a 26 GENDEB: F Test Name In Range Out of Range Reference Range Lab VIT-MffN B12/FOLATE, SERUM PANEL QHO FOLATE, SERUM >24.0 NG/ML REFERENCE RANGE: LOW: < 3.4 30RDE_RLINE: 3.4-5.4 NORMAL: > 5.4 VIT_ PITN B12 550 2CO-1100 ?G/Ml- Performing Laboratory Information: ihv QU65l [A'N STICS-F.ORai1' 9B1 -DSINESS C_ -eR MIVE HGRSWild F* 19C44 iabc?ac.i, D-rec-o . eaN NURMTTZ, M', FC.'c REANE,VALERIE D - NE131485R Page 2 - End of Report Uueat CUea 4agmsticx, Yie nmca[k pogo and efl emvcimtlLUeaD'upegi`ace maN tro9w mdmna'u of OVaa CizSCVZ:cs.9 W.xzl piapnoaves lrco,porerzd. AY nglo+<ttmd?Y]WmMLflev?mtl iM1tl.S"..lF-t`55/[ ADM. DATE: 06/1512005 SS #: 193-60-0188 REASON FOR CONSULTATION: Alcoholic hepatitis, ascites. Need for paracentesis. HISTORY OF PRESENT ILLNESS: The patient is a 43-year-old female with a 3-week history of increasing abdominal girth. She has a history of heavy alcohol use, drinking approximately a case a day. Her last drink was less than 24 hours ago. She presented to her primary care physician's office, Dr. DeMario, yesterday because of increasing abdominal girth. She was told to come to the Emergency Room today because of an elevated white count and concern for possible spontaneous bacterial peritonitis. She denies any abdominal pain. She is complaining of some anorexia. PAST MEDICAL HISTORY: Unremarkable. She has never had any surgeries. MEDICATIONS: None. ALLERGIES: No known drug allergies. SOCIAL HISTORY: She lives with her brother-in-law. She smokes a pack of cigarettes a day. She denies any drug use other than alcohol. She has a history of smoking crack cocaine and marijuana approximately 13 years ago. She is not currently working. FAMILY HISTORY: No history of liver disease in the family. REVIEW OF SYSTEMS: In general she is a chronically ill appearing female in no acute distress. Her sclerae are icteric. Her oral mucosa is dry. Her neck is supple with good range of motion. Lungs are clear to auscultation bilaterally. Abdomen is distended. Dull to percussion at the flanks. She has a positive fluid wave. She has a tattoo on her right hip. Her skin is jaundiced. Her lower extremities have 2+ edema bilaterally. She is awake, alert, oriented x 3. She is somewhat tremulous. LABORATORY: White count 17.9, hemoglobin 8.0, hematocrit 25.7. Platelets 178. Her MCV is 114.7. Her total bilirubin is 7, aspartate amino transferase approximately 4 x the alanine transaminase. IMPRESSION: A 43-year-old female with alcoholism and what appears to be acute alcoholic hepatitis with jaundice and ascites. She may have cirrhosis as well. She also has anemia that is macrocytic from her chronic alcohol use and a combination of elevated white count and ascites does make her suspicious for spontaneous bacterial peritonitis. PLAINTIFFS RECOMMENDATIONS: EXHIBIT 1. Paracentesis will be performed. 2. Start Rocephin 2 grams I.V. q.24h. y y Page 1 of 2 HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Beane, Valerie D 17011 MR#: 172964 ROOM: MS7W741 02 CONSULTATION REPORT DR.: DAVID S MIZE, MD COPY NAME: Beane, Valerie D MR#: 172964 3. Start diuretics Aldactone 100 milligrams once a day and Lasix 40 milligrams once a day. 4. Check hepatitis serologies to rule out chronic viral hepatitis. 5. Two gram sodium diet. 6. Check alpha-fetoprotein to rule out hepatocellular carcinoma. 7. Check a right upper quadrant ultrasound to look for hepatocellular carcinoma and signs of cirrhosis. 8. The most important thing in her care is going to be alcohol rehab. I have told her that she will die within 6 months if she does not stop drinking. It is my recommendation that she needs inpatient alcohol rehab. DAVID S MIZE, MD DM/bb DOC #: 582364 D: 0611512005 T: 06/15/2005 4:51 P 000836158 cc: SUPRIYO U GHOSH, MD DAVID S MIZE, MD HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Beane, Valerie D 17011 M R#: 172964 ROOM: MS7W741 02 CONSULTATION REPORT DR.: DAVID S MIZE, MD COPY ADM. DATE: 06/15/2005 SS #: 193-60-0188 REASON FOR CONSULTATION: Evaluation for her fever. HISTORY OF PRESENT ILLNESS: The patient is a 43-year-old female who presents to the hospital with increasing abdominal girth. She is known to be a heavy alcohol user and was thought to have alcoholic liver disease. She did have a paracentesis done on admission that showed only 60 white cells. The culture was negative. Because of the fever she was empirically placed on Rocephin initially on admission for two days. It was stopped and then was then begun again on June 20 and she has been on it for an additional 5 days. Despite being on the Rocephin her fever continues on daily basis to 101. She has had some diarrhea. No significant dysuria. She states she does have a cough that is chronic from her smoking. PAST MEDICAL HISTORY: Unremarkable. She has had no previous surgeries. There is a history of possible cervical cancer in the past. SOCIAL HISTORY: She is known to be a heavy drinker for the past 20 years and tobacco user. FAMILY HISTORY: Noncontributory. ALLERGIES: No known drug allergies. PHYSICAL EXAMINATION: She is a chronically ili-appearing female. T,„ax 101. HEENT: There was some scleral icterus. LUNGS: Decreased breath sounds. HEART: Without a murmur. ABDOMEN: Distended. Nontender. EXTREMITIES: With some ecchymosis. LABORATORY: Creatinine 0.5, bilirubin 7.2, alkaline phosphatase 88, and an alanine transaminase of 16. Four blood cultures are negative to date. Alpha-fetoprotein was 2. A paracentesis culture was negative. Her urine culture was negative x 2. A chest x-ray showed no active disease. An abdominal ultrasound did not show any abnormality. IMPRESSION: 1. Alcoholic liver disease. 2. Fever probably associated with her alcoholic hepatitis since the cultures are negative to date and no response to empiric antibiotic therapy. Page 1 of 2 HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 CONSULTATION REPORT NAME: Beane, Valerie D MR#: 172964 ROOM: MS4 405 02 DR.: ROBERT J KANTOR, MD COPY NAME: Beane, Valerie D MR#: 172964 RECOMMENDATIONS: 1. 1 would discontinue the Rocephin at this time because there has been no affect on the temperature and the cultures have been negative. 2. CAT scan of the abdomen to look for an occult process. 3. Check stool for C. difficile toxin. RK/bb DOC #: 584117 D: 06/24/2005 T: 06/24/2005 7:51 P 000838614 cc: SUPRIYO U GHOSH, MD ROBERT J KANTOR, MD ROBERT J KANTOR, MD of 2 HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Beane, Valerie D 17011 MR#: 172964 ROOM: MS4 405 02 CONSULTATION REPORT DR.: ROBERT J KANTOR, MD COPY ADM. DATE: 0611512005 PREOPERATIVE DIAGNOSIS: Ascites POSTOPERATIVE DIAGNOSIS: Ascites PROCEDURE: Large volume paracentesis PROCEDURE PERFORMED BY: Dr. David Mize ASSISTANT: None INFORMED CONSENT: The procedure, risks, and benefits were discussed with the patient prior to the procedure. She gave verbal consent for the procedure. DESCRIPTION OF PROCEDURE: The patient was placed in the supine position. A site of dullness was identified in the right lower quadrant. This site was marked, and then was anesthetized with 1% lidocaine. The finder needle was slowly advanced while injecting lidocaine into the subcutaneous tissues until I punctured the peritoneal lining. When I saw peritoneal fluid in the finder syringe, I withdrew the syringe. I then used a 15 gauge paracentesis needle with a trocar and, after making a 5 mm incision with the scalpel, inserted the needle and the trocar into the peritoneal space. Placement was confirmed by the return of yellow peritoneal fluid. The needle was withdrawn, leaving the trocar within the peritoneal space. It was then hooked up to a suction pump. A total of 3,700 mL of clear yellow fluid was withdrawn. When no more fluid would come out, the trocar was removed. The site was covered with a Band-Aid. Estimated blood loss was minimal. There were no immediate complications. The patient tolerated the procedure well and remained in her room in the Emergency Room. DAVID S MIZE, MD DM/ck DOC #: 582456 D: 06/1512005 T: 06/16/2005 8:39 A 000836173 cc: DAVID S MIZE, MD Y SPIRIT HOSPITAL Camp Hill, PA 17011 NAME: Beane, Valerie D MR#: 172964 ROOM: MS7W741 02 RECORD OF OPERATION COPY ADM. DATE: 06/15/2005 CHIEF COMPLAINT: The patient is a 43-year-old lady patient of Dr. DeMario who came into the Emergency Room today complaining of abdominal distention and pain. HISTORY OF PRESENT ILLNESS: The patient has a longstanding history of alcohol abuse. She reports over the last three weeks her abdomen has increased in size. She complains of some abdominal pain, occasional fevers. Denies any nausea, vomiting, diarrhea, hematemesis, black bowel movements. The patient's brother-in-law reports that she has been increasingly confused over the last couple of weeks. The patient has been drinking constantly, her last drink being yesterday in the afternoon. PAST MEDICAL HISTORY: Alcohol abuse, questionable hepatitis C, and apparent history of cervical cancer twice in the past. SOCIAL HISTORY: The patient has been drinking alcohol heavily for about 20 years. Also has about a 30-pack-year history of tobacco use. FAMILY HISTORY: Noncontributory. ALLERGIES: No known drug allergies. MEDICATIONS: P.r.n. Advil. REVIEW OF SYSTEMS: All systems reviewed and were essentially negative. PHYSICAL EXAMINATION: Blood pressure 107/67, pulse 120 per minute, tympanic temperature 108.2. The patient is somnolent but arousable in no obvious distress. HEENT: Icterus was noted. NECK: No jugular venous distention, bruits. LUNGS: Clear. HEART: Rapid but regular. ABDOMEN: Tightly distended. Mild tenderness. No guarding or rigidity. EXTREMITIES: Bilateral 2+ ankle edema was noted. Y SPIRIT HOSPITAL Camp Hill, PA 17011 HISTORY AND PHYSICAL EXAMINATION NAME: Beane, Valerie D MR#: 172964 ROOM: MS7W741 02 DR.: SUPRIYO U GHOSH, MD COPY NAME: Beane, Valerie D M R#: 172964 NEUROLOGIC: Strength is adequate bilaterally with asterixes noted in both upper extremities. LABORATORY: Electrocardiogram showed sinus tachycardia. Laboratory data was significant for white count of 17.9, hemoglobin 8, lipase 75, calcium 7.8, aspartate amino transferase 167, alkaline phosphatase 268, total bilirubin 7.1. Sodium 131, potassium 3.2. IMPRESSION/PLAN: 1. Hepatic encephalopathy. Patient has asterixes and mental status changes. This is most likely secondary to end stage liver disease especially since patient has a longstanding history of alcohol abuse. Will start Lactulose. Ammonia levels are pending. 2. Jaundice and ascites suggestive of end stage liver disease. GI is following and are in the process of doing a diagnostic and therapeutic paracentesis. Will check an INR to assess the synthetic function of the liver. 3. Fever with leukocytosis. Most likely source is spontaneous bacterial peritonitis. Will start Ceftriaxone following paracentesis. Will also check a chest x-ray and urinalysis to rule out other cause of infection. Blood cultures are pending. 4. History of alcohol abuse. Last drink was yesterday. Started the patient on Ativan small doses for delirium tremens prophylaxis. 5. Hyponatremia, hypokalemia, and hypocalcemia. Will supplement sodium, potassium, and I.V. fluids and will monitor calcium for now. 6. Questionable history of cervical cancer. 7. Sinus tachycardia most likely secondary to fever and dehydration. Will monitor for now. 8. Anemia. Will transfuse two units of packed red blood cells. Will check Hemoccult bloods. The patient does not have any obvious evidence of gastrointestinal bleed currently. 9. Hyperlipasemia. This could be secondary to a chronic pancreatitis. She does not have any symptoms of acute pancreatitis. However, will keep her nothing by mouth for now and will monitor labs. Page 2 of 3 HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 HISTORY AND PHYSICAL EXAMINATION NAME: Beane, Valerie D MR#: 172964 ROOM: MS7W741 02 DR.: SUPRIYO U GHOSH, MD COPY NAME: Beane, Valerie D MR#: 172964 SG/bb DOC #: 582344 D: 06/15/2005 T: 06/15/2005 5:08 P 000836147 cc: SUPRIYO U GHOSH, MD SUPRIYO U GHOSH, MD 3 of 3 HOLY SPIRIT HOSPITAL Camp Hill, PA 17011 HISTORY AND PHYSICAL EXAMINATION NAME: Beane, Valerie D MR* 172964 ROOM: MS7W741 02 DR.: SUPRIYO U GHOSH, MD COPY ADM. DATE: 06/15/2005 DISCH. DATE: 07/07/2005 DISCHARGE DIAGNOSIS: 1. Acute alcoholic hepatitis 2. History of alcohol abuse 3. PE, status-post IVC filter 4. Fever of unknown origin 5. Leukocytosis 6. Ascites 7. Falls 8. Jaundice (resolving) 9. Anemia HOSPITAL COURSE: Please read admission H&P for further details. The patient was admitted with hepatic encephalopathy. She has an extensive history of alcohol abuse. She was seen by gastroenterology. Her elevated transaminases were all felt to be secondary to acute alcoholic hepatitis. She continued to improve during her stay here. The patient had persistent elevations of white count, as well as fevers during her stay here. She was seen by ID and worked up extensively and all workup was essentially negative. At the time of discharge, all antibiotics were stopped. It is possible that the leukocytosis and the persistent fevers are a result of hepatic inflammation. This can be followed up as an outpatient. The patient was diagnosed with pulmonary embolus during her stay here. Because of her falls, she would be high risk for complications of chronic Coumadin therapy. Hence, she underwent IVC filter placement which was performed uneventfully. Other medical issues remained stable during her stay here. CONDITION ON DISCHARGE: Fair DISPOSITION: The patient was discharged home with instructions to stop alcohol consumption completely and follow up with her primary care physician in the next week or two. DISCHARGE MEDICATIONS: 1. Folic acid 1 mg daily 2. Calcium with vitamin D 500 mg b.i.d. 3. Lactulose 15 mL b.i.d. 4. Thiamine 100 mg daily 5. K-Dur 40 mEq daily 6. Ativan 0.5 mg t.i.d. for two days, 0.5 mg b.i.d. for two days, 0.5 mg q. hs for two days and stop Page 1 of 2 HOLY SPIRIT HOSPITAL Camp Hill, PA NAME: Beane, Valerie D 17011 M R#: 172964 DR.: SUPRIYO U GHOSH, MD DISCHARGE SUMMARY COPY NAME: Beane, Valerie D MR#: 172964 SUPRIYO U GHOSH, MD SG/slc DOC #: 586416 D: 07/07/2005 1:52 P T: 07/07/2005 2:55 P 000000486 cc: SUPRIYO U GHOSH, MD Y SPIRIT HOSPITAL Camp Hill, PA 17011 DISCHARGE SUMMARY NAME: Beane, Valerie D MR#: 172964 ROOM: 7EST712 01 DR.: SUPRIYO U GHOSH, MD COPY ° Jackson Gastroenterolog y 1 ?) 7 Specialists in Digestive and Liver Disorders January 20, 2006 Joseph DeMario, D.O. Silver Creek Family Health Center 310 North Salem Church Road Mechanicsburg, PA 17050 Dear Dr. DeMario: Frank W. Jackson, MD, FACG x,&,,i F Wilson Jackson, MD, FACP, FACG John J. Michel, DO David S. Mize, MD Tina Navitsky, CRNP I am writing to you regarding Valerie D. Beane (7/16161), whom I saw in follow-up for alcoholic hepatitis. Impressions: 1. Alcoholic hepatitis - now resolved 2. Alcoholic polyneuropathy Recommendations: Continued alcohol abstinence 2. Follow up with me on an as-needed basis. Valerie Beane returned to the office on January 3, 2006. Her only complaint was continued neuropathic pain in her lower extremities. She has been seen by Dr. Dukkipati, who prescribed Cymbalta. This takes the edge off the pain, but she continues to be unable to wear shoes most of the time because of the pain. I am pleased to see that she continues to be abstinent from alcohol. She seems to be committed to lifelong abstinence, and I congratulated her on her sobriety. On exam, the left lobe of her liver is only mildly enlarged at this point, and there is no ascites. Labs drawn in September 2005 showed normal LFTs and albumen. It appears that Ms. Beane has recovered well from her alcoholic hepatitis. It looks like her liver is well compensated. She does not have any signs or symptoms of cirrhosis at this point. She can follow up with you for her general medical care and Dr. Dukkipati for her neuropathy. I will see her on an as-needed basis. If you have any questions regarding this patient, please let me know. Sincerely, avid S. Mize, M.D. / PLAINTIFF'S DSM/csj EXHIBR cc: Valerie D. Beane 6 b Ravi Dukkipati, M.D. 423 N. 21st. Sweet, Suite 100, Camp Hill, PA 17011 Telepho e (717) 761-0930 Fax (717) 761-0465 VAA Web evwa.gicare.com In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 JANUARY 23, 2006 Member Name: VALERIE D. BEANE Docket Number: 05-5043 CIVIL PACSES Case Number: 836107708 Other State ID Number: Fax: (717) 240-6248 Please note: All correspondence must include the PACSES Case Nmnber. PHYSICIAN'S INFORMATION REQUEST TO BE COMPLETED BY ATTENDING PHYSICIAN: Physician's Name: (Z D(AV-VAvr 7 two Nature of patient's sickness or injury (Describe complications, if any) (a) Date of first treatment: I IS?? (b) Date of most recent treatment: ? 7-616 (c) Frequency of treatments: 1W YLJ 2 ''1 4 (d) Medication: Q?a/??i M(+a?l PLAINTIFF'S The patient has bee continuously disabled (unable to work) from: EXH18fr through b l, F94-,)6 VD If still disabled, when be able to return to work? Are there limitations? kt ?- ?.I,ow A I hereby authorize my physician to release the above information to the Neurology Center, P,Ohysician's Address CUMBERLAND County 897 Poplar Church Roan Domestic Relations Section Camp Hill, PA 17011 Patient's Signature Date Form EN-015 Service Type m I ?I r^ I ' Worker ID 5 21205 NIJT'U-?' "?` 6 f 4 PHYSICIAN'S INFORMATION REQUEST TO BE COMPLETED BY AT,^TIIENDING PHYSICIAN: Physician's Name: Cri,0 U m I it9- Nature of patient's sickness o injury (D(-scribe complications, if any) a il,-l ?C C4 r2P7? i /74, re ni 11-eA, J?I.j (a) Date of first treatment: (0 - I SUS (b) Date of most recent treatment: 40-'ay-(J'S- (c) Frequency of treatments: 2Ve64 o?- 3 rr? (d) Medication: ? Gy1-?,`V),68y ljU f(( 111LI? The patient has been continuously disabled (unable to work) from:. &11?'& through 10 ?2y?C?5 If still disabled, when should patient be able to return i,) work? Are there limitations? 1 r M U?15 ? f C S he 01 lc G 112141c S' J (? OZA6S l CVVI REMARKS: Date: (Attending Phy '' tan) I hereby authorize my physician to ?? a 3 o a ! Z t &,i- P I OCR release the above information to the Physician's Address DAUPHIN County LUMP h:ll, 4 ItDII Domestic Relations Section Patient's Signature Date Fnrm PN-M 5 VALERIE D. BEANE, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-5043 CIVIL TERM CRAIG D. BEANE, CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER APPOINTING MASTER ,((11 AND NOW, this ?! day of , 2006, l . &xb j Esquire is appointed master with respect to the following claims: By the Court: wlool' *v_j. o1A l ?a b? ,,i ?.; KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. Court ID # 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a)-kopelaw.com Attorney for Plaintiff VALERIE D. BEANE IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-5043 CRAIG D. BEANE, CIVIL ACTION - LAW Defendant. IN DIVORCE MEMO ON QUESTION PRESENTED AND NOW comes Defendant, Valerie Bean, by and through her attorney, Shane B. Kope, Esquire, and submits this informational memo on the question presented by Divorce Master Elicker at the pretrial conference on October 23, 2006. 1. FACTUAL HISTORY Craig Beane ("Husband") was born on August 30, 1954. He is currently employed by the Department of General Services for the Commonwealth of Pennsylvania. Valerie Beane ("Wife") was born on July 16, 1961. She is currently unemployed but was given an earning capacity of minimum wage by domestic relations. The parties were married on February 20, 2000, and separated on or about February 20, 2005. The Wife filed for Divorce in this matter on September 22, 2005. Husband lives at 122 North York Road, Dillsburg, Pennsylvania. Wife lives with her ex-brother-in-law at 913 Old Silver Spring Road, Mechanicsburg, Pennsylvania. At the pre-trail conference on October 23, 2006, Husband's attorney requested a hearing to determine whether or not Wife is cohabiting with her brother-in-law. The Divorce Master explained that he does not conduct hearings of this nature, as it is his understanding that such hearings are not appropriate until after the divorce decree is entered. Husband's attorney presented the case of Moran v. Moran, 839 A.2d 1091 (PA. 2003) as support that hearings on cohabitation are appropriate before the entry of a divorce decree. In response, the Divorce Master asked Wife's attorney to prepare an informational memo that addresses this issue. 11. QUESTION PRESENTED Can the Divorce Master hold a hearing on cohabitation before the entry of a divorce decree to determine the current and future status of spousal support, alimony pendente lite, and alimony? Suggested Answer: Yes 111. ARGUMENT It is appropriate for the divorce master to hear and rule upon issues of cohabitation before the filing of a divorce decree. According to 23 Pa. C.S.A. § 3706, "No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity." 23 Pa. C.S.A. § 3706. Although it 2 appears from the face of the statute that issues of cohabitation can not bar an award of alimony prior to the entry of a decree in divorce, the Courts have consistently addressed such issues before the divorce decree has been filed. As Husband's attorney indicated, the Superior Court in Moran v. Moran affirmed a lower court's ruling on issues of cohabitation as late as 2003, thereby indirectly acknowledging that such hearings are appropriate. Although the direct issue of whether or not the Court can address matters of cohabitation prior to the entry of a divorce decree does not appear to have been challenged in, or addressed by our appellate courts, it, nevertheless, is a matter that has been consistently addressed by our Commonwealth Courts, and indirectly affirmed by our Superior Court, as set forth above. For all current intents and purposes, therefore, it appears that it is appropriate for the divorce master to hear issues of cohabitation before the filing of a divorce decree. IV. CONCLUSION In the light of the above, the Divorce Master should conduct a hearing to determine whether or not Wife is cohabiting pursuant to the terms of the divorce code. Respectfully Submitted, KOPE & ASSOCIATES, LLC / By: 7j 4 Sh B. Kope, sq. Dated: October 30, 2006 3 CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, of Kope & Associates, LLC, hereby certify that on October 30, 2006, 1 served a copy of the foregoing Memo on Question Presented by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 (Attorney for Defendant) KOPE & ASSOCIATES, LLC Shane , Esq. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Plaintiff) t l r=? ?? t..? ` f ---f i r s .._ _ 1- ' N ?= _- :. . '` - Tt {.v) ? _? • ? E,i t ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/12/07 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 S3cp1D-1 -7D7 05-5D45 efv ) L O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE:BEANE, CRAIG D. Employee/Obligor's Name (Last, First, MI) 179-38-2205 Employee/Obligor's Social Security Number 6915100868 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 606.00 per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 606.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 139.85 per weekly pay period. $ 279.69 per biweekly pay period (every two weeks). $ 303 . go per semimonthly pay period (twice a month). $ 606. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT Date of Order: J 72601 olei, J Jude Form EN-02(A Rev. " Service Type M OMBNo.:0970-0754 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your em loyee. If your employee works in a state that is different from the state that issued this order, a copy must be provideto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting tl ie Paydate/Date of Withholding. You must report the paydate/date of withholding when sendil Ig tile paymel it. TI le paydat-late of-withholding is the date on Which am0L111t was withheld from the-employ ee's Wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2321722990 EMPLOYEE'S/OBLIGOR'S NAME: BEANE, CRAIG D. EMPLOYEE'S CASE IDENTIFIER: 6915100868 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $IATT ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: BEANE, CRAIG D. PACSES Case Number 836107708 PACSES Case Number Plaintiff Name Plaintiff Name VALERIE D. BEANE Docket Attachment Amount Docket Attachment Amount 05-5043 CIVIL$ 606.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ® If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB © If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendu m Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 ("} ty ?-? V _? Y +z:: f7 ? T _ 1?'- - ?^; (?? 47 ' t-: ? ? - C,?) -?', f t7 C.3 =::? KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopegb-comcast.net Attorney for Plaintiff VALERIE D. BEANE : IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO- 05-5043 CRAIG D. BEANE, CIVIL ACTION -LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on September 26, 2005. 2. The Complaint was served by Acceptance of Service signed by Defendant's counsel on October 26, 2005. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 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. Section 4904 relating to unsworn falsification to authorities. Valerie D. Beane -(7, - ?-1-?? Date E0/Z0 3Jtid S31VOOSSV B 3d0A ZL9L-T9L-LTL 9b:0T L00Z/LT/80 r? D C3 .y P y y e? 9 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomeast.net VALERIE D. BEANE Plaintiff, VS. CRAIG D. BEANE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5043 : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. Z 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 prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Valerie D. Beane Date S31VOOSS11 T 3d0X ZL9L-19L-L1L 9b:01 L00Z/Lt/80 E0/E0 39tld ?' ? '"c7 Li) (°Y3i' " ? _.S f, ?: .W.... ,?? 7'TT Y? ? KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ftomcast.net VALERIE D. BEANE Plaintiff, vs. CRAIG D. BEANE, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5043 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on September 26, 2005. 2. The Complaint was served by Acceptance of Service signed by Defendant's counsel on October 26, 2005. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 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. Section 4904 relating to unsworn falsification to authorities. Date: ? 1-7 ter' Craig D. ne Social Security Number :=t KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast.net VALERIE D. BEANE Plaintiff, vs. CRAIG D. BEANE, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5043 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: V 1 `t O _ Craig D. belane Social Security Number ??-`' ? u ?r ? ? _ ,-,., ?. ? ? . - ; , -- .?.. ?? .Y s ?n A VALERIE D. BEANE, Plaintiff VS. CRAIG D. BEANE, Defendant NOTICE OF FILING OF MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. Date: 10/9/07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5043 CIVIL IN DIVORCE E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the A rr Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) a .p 0 0 VALERIE D. BEANS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 05 - 5043 CIVIL CRAIG D. BEANE, Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on December 18, 2006, August 17, 2007, and September 14, 2007, APPEARANCES: Shane B. Kope Attorney for Plaintiff Timothy J. O'Connell Attorney for Defendant PROCEDURAL HISTORY The divorce complaint was filed on September 26, 2005, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution and alimony. During the hearing before the Master on September 14, 2007, wife's counsel orally raised a claim for costs which the Master allowed. The Master was appointed on April 2, 2006, at which time discovery certification documents were forwarded to counsel. Following receipt of those documents, pretrial statements were directed to be filed and a pre-hearing conference was set for October 23, 2006. At that time the issue of wife's alleged cohabitation with a person of the opposite sex arose and the Master conducted a hearing on that issue on December 18, 2006. After hearing the testimony, the Master determined that wife's relationship with her former brother-in-law, William Rheem, did not rise to the level of cohabitation. The Master will briefly discuss his findings in the discussion section of the report. Following the Master's determination that there was not an issue with respect to cohabitation as that issue may affect wife's claim for alimony, the Master scheduled a hearing on the remaining issues on August 17, 2007. Two previous hearing dates were continued. Following the hearing on August 17, 2007, the Master requested a copy of the transcript which was not available to him until October 1, 2007. After the hearing on August 17, 2007, the record was left open and a hearing was scheduled for September 14, 2007, to take the testimony of wife's real estate expert, Mark D. Heckman and to allow husband to supplement the record with financial information requested by the Master. Mr. Heckman's testimony was presented for the 0 0 purpose of establishing an increase in value of two parcels of real estate owned individually by husband. The record was closed and upon receipt by the Master of the transcript of the hearing on August 17, 2007, the Master proceeded to prepare his report and recommendations. STIPULATIONS At the beginning of the hearing on August 17, 2007, counsel advised the Master that there were no stipulations. However, as the testimony proceeded, the following stipulations were placed on the record during the course of the hearing. With respect to the coverture fraction to be used for the distribution of husband's monthly pension payment to wife, the numerator is 58. 2. The martial portion of husband's deferred compensation plan is $5,781.54. 3. Wife is assigned an earning capacity of $1,069.00 net per month. FINDINGS OF FACT 1. The parties were married on February 20, 2000, and wife left the marital residence, and went to live for a short time with her sister in December 2004. She returned for a few days to the marital residence and then finally left to live with Mr. Rheem, her former brother-in-law, on February 4, 2005. 2. This is the third marriage for each of the parties. 3. There are no children of this marriage; however, wife has two children from a prior marriage, both of whom are emancipated and husband has three children from a prior marriage, all of whom are emancipated. 2 M 4. Wife is 46 years of age and resides at 913 Old Silver Spring Road, Mechanicsburg, Pennsylvania, where she has been living since February 4, 2005. 5. Wife is currently not working, having last worked June 2004. She has worked off and on during the marriage doing kitchen work. She testified that her health is "pretty messed up" as a result of her alcoholism. She continues her treatment for alcoholism and has residual health problems involving her liver and neuropathy in her legs. Her health situation has made it difficult for her to work; however, consistent with the finding of the Support Master and the stipulation of counsel, the Divorce Master assigns a net monthly earning capacity to wife of $1,069.00. Wife indicated that she hopes to get back to work in the spring of 2008; however, inasmuch as she has been assigned an earning capacity as noted, any employment from which wife has earnings up to that amount will not be a change of circumstances of a substantial and continuing nature affecting her alimony claim. Husband currently pays to wife the sum of $557.00 per month as alimony pendente lite. 6. Husband is 53 years of age and resides at 132 North York Road, Dillsburg, Pennsylvania. 7. Husband works for the Commonwealth of Pennsylvania, Department of General Services as a foreman for a maintenance crew. He has worked with the Commonwealth since March 1977. His net monthly income, including his raise in 2007, is $2,671.84. Although husband did not relate any health issues specifically, he did indicate that he also is an alcoholic and is in a period of counseling and recovery. 8. No testimony was offered regarding the educational background of the parties. 9. According to husband's testimony, the cost to wife for COBRA benefits monthly will be $239.00. 10. The marital assets consist of the following: a. The marital portion of husband's pension with the Commonwealth of Pennsylvania which the parties have agreed will be distributed pursuant to a QDRO using a coverture formula wherein the numerator is 58. The denominator and monthly payment are not yet determined and the percentage of the monthly benefit of the marital portion to wife pursuant to the Master's recommendation will be 60% b. Husband's deferred compensation plan with PSERS which counsel have stipulated has a marital value of $5,781.54. The current balance in the plan as of September 2007 is $15,906.46. 3 r • c. The sum of $1,100.00 which husband received during the marriage as a result of a life insurance policy which was cashed in with Massachusetts Mutual. d. The increase in value of the real estate located at 122 North York Road, Dillsburg, Pennsylvania, in the amount of $26,000.00. e. The increase in value of the real estate located at 1907 Lincoln Street, Camp Hill, Pennsylvania, in the amount of $18,000.00. f. Ford Explorer, $1,115.00. g. PSECU checking account, $742.47. TOTAL VALUE OF MARITAL ESTATE AND MARTIAL INTEREST (excluding pension) $52,739.01 11. Wife has paid to date for costs relating to the appraisals of the real estate and testimony by her expert the sum of $1,700.00. The appraisals were for the real estate using the date of marriage and the date of separation in December 2004/February 2005. Wife testified that she did not have any further funds in order to have a third appraisal done representing a value at the date of distribution.' 12. There are no marital debts or tangible personal property issues. 13. No objection has been made by either party in these proceedings to the method and adequacy of service of any of the pleadings in the divorce action nor has either party or counsel objected to the jurisdiction of this Court to act in these proceedings. CONCLUSION OF LAW The grounds for divorce are irretrievable breakdown of the marriage. Both parties signed affidavits of consent and waivers of notice of intention to request entry of divorce decree on August 17, 2007. The affidavits and waivers were filed with ' Mr. Heckman did testify that the value of the properties would have increased from the date that he did the appraisal as of the date of separation to the present date. Therefore, taking the lesser amount as provided by the Divorce Code, the date of separation value is the appropriate date to use. Therefore, the Master did not deem it necessary that Mr. Heckman give a specific value of the properties as of the date of distribution. 4 r • the Prothonotary's office on August 20, 2007. The parties are entitled to a divorce under the mutual consent provisions of the divorce code under Section 3301(c). ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3502(a) OF THE DOMESTIC RELATIONS CODE. The parties were married and living together in a marital relationship for approximately five years and have been separated for approximately two and one half years. 2. This marriage is the third marriage for each of the parties. 3. Wife is 46 years of age and is an alcoholic and has health issues arising out of her alcoholism. She has worked at restaurant type jobs but is currently not employed. Her only source of income is the alimony pendente lite that she receives from husband in the amount of $557.00 per month. Wife has been assigned an earning capacity of $1,069.00 net monthly. Husband is 53 years of age and works for the Commonwealth of Pennsylvania, Department of General Services as a foreman for a maintenance crew. His net monthly income is $2,671.84. Husband is a recovering alcoholic, although he has not related any health issues that affect his ability to carry on his employment. 4. Neither party has contributed to the education, training, or increased earning power of the other party. Wife does not have any opportunity for future acquisitions of capital assets and income other than what she is assigned as an earning capacity. She has no retirement and will be having to pay for her cost of medical insurance through the COBRA plan at husband's employment in the amount of $253.00 a month. Husband does have the opportunity to continue to contribute to his pension plan and deferred compensation savings plan with the Commonwealth of Pennsylvania. 6. Husband's source of income is his employment as well as benefits received through that employment for medical and retirement and insurance. Currently wife has no source of income other than her alimony pendente lite payment but as previously noted, has been assigned an earning capacity. 0 0 7. Husband has contributed to the acquisition of the marital estate by his real estate holdings which are being treated as an increase in value asset. Wife has not made any contribution in the acquisition of property in the marital estate. Both parties dissipated the earnings of the marriage through their use of alcohol. The value of the property set apart to each party will be what is received in the distribution of assets herein. Husband will also have his non-marital interest in the assets, including his pension and the real estate holdings. 9. The standard of living of the parties established during the marriage was modest. 10, 10(1) and 10(2). The economic circumstances of each party are based on their earnings and assigned earnings. The Master has not specifically taken into account any federal, state, and local taxes ramifications. Husband's economic circumstances are likely to be enhanced by his continuing contribution to his retirement plan and deferred compensation plan as well as the possibility of his increased earnings over the years. He also has the benefit of the non- marital interest in the two parcels of real estate. The Master has considered cost of sale on transfer of assets. Wife can roll out any deferred funds without penalty because of her qualifications for exceptions under the IRS code. 11. Neither party is serving as the custodian of any dependent minor children. DISCUSSION EQUITABLE DISTRIBUTION Based on the stipulations of the parties and counsel, the facts found by the Master, and the analysis of the factors under Section 3502(a) of the Domestic Relations Code, the Master recommends that the distribution of the assets of the parties should be 40% to husband and 60% to wife. In his Findings of Fact, No. 10 the Master has determined that the total value of the marital estate and marital interests, excluding the pension, are $52,739.01. However, the Master is going to find that equity considerations should allow him the 6 1 J ?J discretion not to include for purposes of distribution the marital interest of wife in the property at 1907 Lincoln Street, Camp Hill, Pennsylvania. The history of this transaction involving husband's acquisition of ownership is that his mother gifted the property to him during the parties' marriage based on her concerns that she did not want to have the property used for payment of nursing home expenses. Husband's mother continues to reside in the property, pays the expenses related to the property, and had no concept or understanding that when she made the gift to husband, the increase in value of the property would be subject potentially to equitable distribution as a result of husband going through a divorce. Wife had no interest in the property, made no contributions to the acquisition of the property or the maintenance of the property, and the Master does not believe that equity should allow her to benefit from a gift from the mother to the son, the mother being totally innocent of any understanding of what was going to happen in the event that husband got divorced. Therefore, the Master is not going to include the increase in value of husband's mother's property. However, wife has gone to considerable expense to have these properties appraised and to have an expert testify, and the Master is going to recommend in the section on costs that husband bear the fees and charges of the appraiser Mark D. Heckman, in the amount of $1,700.00. The Master believes that this is more than a fair trade off for husband by the Master excluding the marital interest in the property of husband's mother. All other assets and marital interest will be distributed 40% to husband and 60% to wife. 7 COHABITATION The Master indicated in his opening comments that he would address briefly the matter of cohabitation which was raised at a hearing on December 18, 2006. Although there was testimony suggesting that wife was having a sexual relationship with Mr. Rheem, the Master did not find that testimony credible and determined that wife's living with Mr. Rheem was based on circumstances where Mr. Rheem was acting as a friend and allowed her to take up residence with him as she had no place else to live. Wife is a dependent, ill person and without having the benefit of a place to have a room with her former brother-in-law, Mrs. Beane would probably be in a shelter or on the street. Neither Mr. Rheem nor Mrs. Beane created any joint accounts; they did not have an ongoing sexual relationship; they did not hold themselves out as husband and wife, and they did not conduct their lives generally as spouses or people involved in an intimate relationship. Consequently, the Master determined that Mrs. Beane's living arrangements were brought about by her needs and that there was no motive for these parties to be together to engage in a relationship rising to the level of cohabitation. Mrs. Beane is a tenant and pays her way as she is able, and Mr. Rheem is kindly assisting her with her life and giving her a place to live until she can establish herself in a more stable way. 8 RECOMMENDATIONS EQUITABLE DISTRIBUTION The marital estate and marital interest subject to distribution based on the Master's findings and the Master's equitable considerations are as follows: 1. The marital portion of husband's deferred compensation plan $ 5,781.54 2. Cash received by husband as a result of his cashing in the Massachusetts Mutual Life insurance policy 1,100.00 3. Increase in value of real estate located at 122 North York Road, Dillsburg, Pennsylvania 26,000.00 4. Husband's Ford Explorer 1,115.00 5. PSECU checking account 742.47 TOTAL $ 34,739.01 40% to Husband $ 13,895.60 60% to Wife 20,843.41 TOTAL DISTRIBUTION (excluding pension) $ 34,739.01 The QDRO, using a coverture fraction, which will affect husband's pension, will use the numerator 58 with the denominator and the monthly amount to be determined when husband retires. The percentage of the monthly benefit, which would be the marital portion that wife will receive, based on the coverture fraction, is 60%. Wife will also receive a similar percentage of the marital portion of the survivor benefit. Husband will retain his Ford Explorer and his PSECU checking account with a total value of $1,857.47 plus the $1,100.00 he received when he cashed in the Massachusetts Mutual Life insurance policy. 9 • 0 Husband will retain the two parcels of real estate in his name individually free of any claims by wife. Husband will pay to wife the sum of $20,843.41 within thirty (30) days of a final order in these proceedings. Husband, if he chooses, can roll over to wife his deferred compensation plan with a value of $15,906.46 as of September 2007 or any portion thereof as part of his payment to wife. ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3701(b) OF THE DOMESTIC RELATIONS CODE When the factors of the Section 3502(a) analysis overlap with the factors in the Section 3701(b) analysis, the analysis under Section 3502(a) is incorporated herein. Additional factors to be considered in the Section 3701(b) analysis determining the nature, amount, duration, and manner of payment of alimony are as follows: 4. Neither party has indicated an expectation of receiving funds or assets from sources other than earnings. Neither party indicated any expectation of inheritances. 11. Husband brought the property at 122 North York Road, Dillsburg, Pennsylvania, to the marriage. For purposes of valuing said real estate, the increase in value of the property from the date of marriage to the date of separation is the value utilized. Husband, therefore, retains the property in his name individually and any value in the property over and above the increase in value. 12. Both parties contributed to the maintenance of the marital residence. Wife sporadically contributed income and earnings to the family but admitted that a lot of her income was used for the purchase of alcoholic beverages. 10 • • 13. Husband is able to maintain himself through his earnings from employment. Wife's needs far exceed her ability to earn income, specifically considering her health and her illness. 14. No specific testimony was offered on the factor of marital misconduct. 15. The tax ramifications of alimony for federal tax purposes will be that alimony will be treated as income to wife and as a deduction for husband. 16. Wife lacks sufficient property to provide for her reasonable needs even considering that she is receiving a small amount of money as a result of the distribution of the marital estate and marital interest. 17. Wife has been assigned an earning capacity but at present is incapable of self- support through employment. Wife indicated that she hopes to return to employment in the spring of 2008 allowing her some additional time for recovery. DISCUSSION ALIMONY The Master believes that alimony is necessary for wife's continued maintenance and support. The Master has considered the stipulations of the parties, the findings of fact, the analysis of the factors under Section 3701(b) of the Domestic Relations Code, and the scheme of equitable distribution as recommended herein. Wife has been assigned an earning capacity so that even when she does return to her employment, those earnings will not be considered a substantial change of circumstances of a continuing nature requiring a review of the alimony claim. The Master's recommendation is based on the fact that wife currently has an earning capacity and that the net amount monthly of $1,069.00 has been considered in the alimony recommendation. The Master finds that wife is a dependent person, needing assistance with her general living expenses. She is recovering from an illness 11 v (alcoholism) and hopefully will be able to acheive some ability to earn income. She also has health issues relating to her illness which affect her ability to do certain kinds of employment. The Master has no idea what the future will hold but perhaps wife will ultimately attain some benefit through disability filings with the social security administration. Currently no benefits have been provided. Both of these parties contributed to each other's lifestyle by the use of alcohol on a daily basis. Both parties recognize the problem and have both sought assistance. However, wife's illness is more severe and wife needs some time to attempt to get her lifestyle changed where she can enjoy better health and a better income. Wife has already been damaged by the use of the alcohol to the extent that it does affect her ability to perform certain kinds of employment duties. Although the marriage was not for a long term, the Master considers the fact that wife is ill and that the responsibility of husband does not cease as a result of a divorce when those health issues continue to affect wife's standard of living into the future. Wife will also have the cost of the COBRA benefit for her health insurance which she cannot be without in view of her current health issues. This is a necessary expense which will have to be paid out to provide for her continuing health care. 12 0 RECOMMENDATION ALIMONY • Husband shall pay to wife the sum of $600.00 per month through the Cumberland County Domestic Relations Office to begin upon the entry of a divorce decree in these proceedings. The amount and duration of alimony shall be subject to modification and termination on petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. Specific termination provisions in the Domestic Relations Code will also apply. DISCUSSION COSTS As previously noted in the Master's introduction, the wife orally raised a claim for costs. The purpose of that claim is to ask for assistance with the costs she has had to incur in the amount of $1,700.00 for the services of Mark D. Heckman, appraiser, who also had to come to a hearing to testify. Wife could not afford the additional cost for the third appraisal for the date of distribution value. The Master indicated that he would not include the increase in value of husband's mother's property using his powers of equity in considering the source of that property. The Master did indicate, however, that in lieu of using the increase in value of that property as a marital interest, and because of wife's dire financial circumstances, that the payment by husband of the costs of the expert would not be unreasonable. 13 0 RECOMMENDATION COSTS Pj Husband shall pay to wife and her attorney the sum of $1,700.00 as reimbursement to wife for costs for Mark D. Heckman, appraiser, within thirty (30) days of a final order in these proceedings. Respectfully submitted, w E. Robert Elicker, II Divorce Master 14 j r' E-K?_,3 'Yt t? 130 eta jt':.a jr, r VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-5043 CRAIG D. BEANE, CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S EXCEPTIONS TO MASTER'S REPORT AND NOW comes the defendant, Craig D. Beane, who, through his attorney, Timothy J. O'Connell, Esquire, files the following exceptions to the Master's Report filed on October 9, 2007: 1. Defendant makes exception to the finding that plaintiff is not cohabiting with a person of the opposite sex. 2. Defendant makes exception that plaintiff is not precluded from an alimony award because of her cohabitation. 23 Pa. C.S. §3706. 3. Defendant makes exception to the finding that an indefinite alimony award of $600.00 per month is supported by the factors set forth in the Divorce Code. 23 Pa. C.S. §3701. 4. Defendant makes exception to the finding that plaintiff is incapable of self-support through employment. 5. Defendant makes exception to the finding that plaintiff is entitled to an award of alimony for reasons arising from her excessive alcohol consumption. 6. Defendant makes exception to the finding that an award of 60% of the marital property to plaintiff is supported by the factors set forth in the Divorce Code. 23 Pa. C.S. §3501. v 7. Defendant makes exception to the Master awarding expenses to plaintiff in the form of cost for real estate appraisals in the absence of any claim pri or to the hearing. r Date: October 17, 2007 _ Timothy J. O' el , Esquire TURNER O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Certificate of Service I, Timothy J. O'Connell, hereby certify that I served a true and correct copy of the foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Shane B. Kope, Esquire Kope & Associates 4660 Trindle Road Suite 201 Camp Hill, PA 17011 E. Robert Elicker, II, Esquire Divorce Master of Cumberland County 9 North Hanover Street Carlisle, PA 17013 Date: October 17, 2007 _ Tim y J. O'Connell n ?v ? ? m=? i"7_p `'-' ? ? ? ", ?. _? t --- ?". --? VALERIE D. BEANE, Plaintiff V. CRAIG D. BEANE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5043 CIVIL CIVIL ACTION - LAW IN DIVORCE IN RE: HUSBAND'S EXCEPTIONS TO MASTER'S REPORT BEFORE OLER, J., AND EBERT, J. ORDER OF COURT AND NOW, this 19th day of December, 2007, having considered the testimony and evidence presented by both parties, this Court finds that the Master's Findings of Fact and Recommendations are credible and should be awarded the fullest consideration. IT IS HEREBY ORDERED AND DIRECTED that Defendant's exceptions to the Master's Report filed on October 9, 2007 are dismissed and the current Order of Court shall be entered as a Final Order of Court. By the Court, IV\ A, Shane B. Kope, Esquire Attorney for Plaintiff Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 M. L. Ebert, Jr. r J. ?? t DES' /nut LV.CL . , /Timothy J. O'Connell, Esquire Attorney for Defendant Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 %/E. Robert Elicker, II Divorce Master of Cumberland County 9 North Hanover Street Carlisle, PA 17013 2 I VALERIE D. BEANE, Plaintiff V. CRAIG D. BEANE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5043 CIVIL CIVIL ACTION - LAW IN DIVORCE IN RE: HUSBAND'S EXCEPTIONS TO MASTER'S REPORT BEFORE OLER, J., AND EBERT, J. OPINION and ORDER OF COURT Ebert, J., December 19, 2007 - In this divorce case, Plaintiff, Valerie D. Beane, filed a petition for spousal support from Defendant, Craig D. Beane, and an Order of Court was entered requiring Defendant to pay Plaintiff $600.00 per month in alimony and $1,700.00 as reimbursement for appraisal costs. The parties have been separated since December 2004. The divorce complaint was filed on September 26, 2005, raising grounds of irretrievable breakdown of the marriage and the economic claims of equitable distribution and alimony. A hearing on the issue of cohabitation was conducted on December 18, 2006. Additional hearings for the remaining issues were held on August 17, 2007 and September 14, 2007. On October 9, 2007, the Divorce Master issued his report and recommendations based upon the evidence presented by Plaintiff and Defendant at the hearing. Defendant has now filed exceptions to the Divorce Master's Report and Recommendations. For the reasons stated in this opinion, Defendant's exceptions to the Master's Report and Recommendations are dismissed. 3 STATEMENT OF FACTS Plaintiff, Valerie D. Beane, of 913 Old Silver Spring Road, Mechanicsburg, PA, and Defendant, Craig D. Beane, of 122 North York Road, Dillsburg, PA, were married on February 20, 2004. This marriage was the third for both parties. Plaintiff has two children from a prior marriage, both of whom are emancipated, and Defendant has three children from a prior marriage, all of whom are emancipated, but this marriage produced no children. Their marriage was defined by alcohol abuse; both parties are alcoholics, and Defendant often helped feed Plaintiff's addiction to alcoholic beverages while she was attempting to recover from her addiction. The parties have been separated since December 18, 2004, when Plaintiff moved away from their marital residence. The Plaintiff has resided at her former brother-in-law's residence since February 4, 2005. Defendant currently resides at his residence, which he owns. Plaintiff has been unemployed since June 2004 and Defendant works as a foreman for the Pennsylvania Department of General Services earning a net monthly income of $2,671.84. This action was initiated in order to obtain a final decree of divorce. The divorce complaint was filed on September 26, 2005, raising grounds of irretrievable breakdown of the marriage and the economic claims of equitable distribution and alimony. A hearing on the issue of cohabitation was conducted on December 18, 2006. Additional hearings for the remaining issues were held on August 17, 2007 and September 14, 2007. The record was closed and the Master began to prepare his report and recommendations following the hearing on August 17, 2007. While she has testified that alcoholism has had a detrimental effect on her physical health, including problems with her liver and neuropathy in her legs, Plaintiff has been working 4 at improving her physical health through alcoholism treatment. Despite her attempts to improve her health through treatment, Plaintiff has found it difficult to find work and has been unemployed for over three years; however, she testifies that she hopes to return to employment in Spring 2008. Defendant is employed by the Commonwealth of Pennsylvania, Department of General Services, and currently works as a foreman for a maintenance crew. He earns a net monthly income of $2,671.84, and though he is a recovering alcoholic, he has no known health issues that would affect his ability to carry on his employment. Plaintiff is not currently employed due to her current health issues. For purposes of computing his alimony recommendation, the Master considered all of the circumstances surrounding her ability to attract and retain employment and determined that Plaintiff has a current monthly earning capacity of $1,069.00 net income. On October 9, 2007, the Master issued his report and recommendations based upon the evidence presented by Plaintiff and Defendant at the hearing. In considering the factors set forth in the Divorce Code, the support obligation was found to be a $600.00 monthly alimony award to continue for an indefinite duration. On October 17, 2007, Defendant filed the following exceptions to the Master's Report: 1.) Defendant makes exception to the finding that Plaintiff is not cohabiting with a person of the opposite sex. 2.) Defendant makes exception that Plaintiff is not precluded from an alimony award because of her cohabitation. 23 Pa. C.S. §3706. 3.) Defendant makes exception to the finding that an indefinite alimony award of $600.00 per month is supported by the factors set forth in the Divorce Code. 23 Pa. C.S. §3701. 4.) Defendant makes exception to the finding that Plaintiff is incapable of self- support through employment. 5 5.) Defendant makes exception to the finding that Plaintiff is entitled to an award of alimony for reasons arising from her excessive alcohol consumption. 6.) Defendant makes exception to the finding that an award of 60% of the marital property to Plaintiff is supported by the factors set forth in the Divorce Code. 23 Pa. C.S. §3501. 7.) Defendant makes exception to the Master awarding expenses to Plaintiff in the form of cost for real estate appraisals in the absence of any claim prior to the hearing. DISCUSSION I. Scope ofReview As a general rule, unless the testimony and evidence provides grounds upon which the Divorce Master's finding of credibility can be impeached, the Court will give his conclusions the fullest consideration. Goodman v. Goodman, 544 A.2d 1033, 1035 (Pa. Super. Ct. 1988). It should be noted, however, that the Master's findings are merely advisory and the trial court is not required to follow the recommendations should the evidence prove contrary. The reviewing court has the duty to make a complete and independent review of all the evidence, including an analysis of the weight and credibility to be accorded to the testimony of the witnesses. Gomez v. Gomez, 11 Phila. Co. Rptr. 221, 226-27 (1984). After the conclusion of a Master's hearing and the issuance of the report and recommendation, any party has the opportunity to file exceptions to the report or any part thereof. Matters not covered by the exceptions are considered to be waived unless other Court leave is granted. If any exceptions are filed, the Court shall hear argument regarding the exceptions and enter a final decree. 42 Pa. R.C.P 1920.55-2. H. Exceptions to the Master's Report Defendant Craig Beane filed exceptions to the Master's report and recommendations contending that the recommended support obligations should be precluded because of his 6 allegations that Plaintiff entered into cohabitation. Furthermore, he disagreed with the Master's findings regarding a consideration of Plaintiff's health in determining that she was incapable of self-support through employment. He also disagreed with the Master's discretion in awarding reimbursement of appraisal costs to Plaintiff, but did not set forth an argument in support of this proposition. Having reviewed the record and after considering the applicable law, this Court dismisses Defendant's exceptions and affirms the findings of the Master. A. Cohabitation Defendant contends that the Master's recommendations regarding support obligations should be precluded because of his allegations that Plaintiff entered into cohabitation. If the Divorce Master had found that Plaintiff had indeed entered into cohabitation, then an alimony award would be precluded under 23 Pa. C.S. 3706. In support of his argument that the Master's findings were against the weight of the evidence, Defendant is arguing that the Master's determination of the credibility of the witnesses was basically incorrect. In reviewing a Master's report and recommendation, the Court must give it the fullest consideration, particularly on the question of credibility of witnesses, because the Master's opportunity to observe and assess the behavior and demeanor of the parties. Moran v. Moran, 839 A.2d 1091, 1095 (Pa. Super. Ct. 2003). On the basis of witness credibility, the Master specifically found that Mr. Rheem was solely acting as a friend when he allowed Plaintiff to take up residence with hire, therefore finding that Plaintiff had not entered into cohabitation under the definition of this statute. In support of this holding, the Master found that neither Mr. Rheem nor Plaintiff had created joint accounts, they did not have an ongoing sexual relationship, and they did not conduct their lives generally as spouses or as a couple involved in an intimate relationship; rather, Plaintiff's living 7 situation with Mr. Rheem more closely resembled that of a tenant, with Mr. Rheem, her friend for over thirty years, only helping her out until she could establish a more stable life for herself. Furthermore, the Master found that had Mr. Rheem not allowed Plaintiff to take up residence with him, Plaintiff would be living on the streets due to her current financial circumstances, earning capacity, and health issues. In this type of case, where emotions and personal interest run high, the ability of the Master to assess the tone and demeanor of the witnesses is critical. For example, the only witness who provided any explicit testimony about the Plaintiff and William Rheem having any type of intimate sexual relationship was Delaine Louise Moody. Miss Moody was an individual who frequented the American Legion Post bar where both the Plaintiff and Defendant were regulars. On both direct and cross-examination, she admitted that she had had a sexual relationship with the Defendant, Craig Beane. In reviewing the transcript of the testimony, it becomes quite apparent to this Court that in order to assess the credibility of such witnesses it would be very important to observe their tone of voice and demeanor in order to assess their credibility. This Court has given fullest consideration to the Master's findings and holds that the Master's findings were supported by the weight of the evidence. Consequently, this Court refuses to disturb the Master's findings in his report and recommendation because the Court has not found any clear and convincing evidence of an abuse of discretion or clear error of law. B. Consideration o Plainti 's Health This Court will not disturb the Master's findings, absent a finding of a clear abuse of discretion, in making a determination in regards to equitable distribution of property. The Divorce Master is permitted to exercise his discretion in the equitable distribution of property. Kleinfelter v. Kleinfelter, 463 A.2d 1196, 1197 (Pa. Super. Ct. 1983). The Master properly 8 . J considered Plaintiff's health under the relevant provisions of the code. Pursuant to 23 Pa. C.S. 3502(a)(3), health is among the relevant factors listed as relevant to the equitable division of marital property. It was also within his discretion to consider health in regards to other relevant factors listed in that provision, such as "station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties." Furthermore, health is a relevant factor to consider in determining whether alimony is necessary. Anderson v. Anderson, 822 A.2d 824, 830-31 (Pa. Super. Ct. 2003). Pursuant to 23 Pa. C.S. 3701(b), the following factors are considered relevant for determining alimony: (1) The relative earnings and earning capacities of the parties. (2) The ages and the physical, mental and emotional conditions of the parties. (3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. This Court need not spend much time on the issue of Plaintiff's health. Plaintiff s illness is well documented, and it has been acknowledged and recognized by the Defendant. Plaintiff has health problems with liver and neuropathy in her legs. She has been unemployed for over three years, and once she has completed treatment for her alcoholism, she will seek employment; however, her net earning capacity is only $1,069.00. Defendant offers no credible evidence to support his contention that health should not have been considered in the Master's findings. The Master's discretion to consider health in determining equitable distribution and alimony is supported by case law and the Divorce Code. As the evidence supports the Master's findings of fact, and since Defendant has offered no evidence to the contrary, this Court affirms those findings. 9 C. Reimbursement ofAppraisal Costs On the issue of reimbursement of expert appraisal costs incurred by Plaintiff, Defendant obviously disagrees with the Master's findings yet he offers no evidence to support his contention and did not raise the issue in his brief. The Master properly used his discretion in making his recommendation for reimbursement of these costs based on Plaintiff's dire financial circumstances and by explaining that the Plaintiff did not receive any benefit from the increased value of the property at 1907 Lincoln Street, Camp Hill. The Master has astutely explained that the Defendant husband was the owner of this property in name only. In reality, the Defendant's mother continued to reside in the property, pays all of the expenses related to the property, and has no understanding that when she made the gift to the Husband that the increase in value of the property would be subject to equitable distribution in a divorce. As the evidence and sound reasoning supports the Master's findings of fact, and since Defendant has offered no evidence to the contrary and has not briefed the issue, this Court affirms those findings. CONCLUSION Having considered the testimony and evidence presented by both parties, this Court finds that the Master's Findings of Fact and Recommendations are credible and should be awarded the fullest consideration. Defendant's exceptions to the Master's Report will be dismissed and the current Order of Court shall stand as is. Accordingly, the following order will be entered: 10 ORDER OF COURT AND NOW, this 19th day of December, 2007, having considered the testimony and evidence presented by both parties, this Court finds that the Master's Findings of Fact and Recommendations are credible and should be awarded the fullest consideration. IT IS HEREBY ORDERED AND DIRECTED that Defendant's exceptions to the Master's Report filed on October 9, 2007 are dismissed and the current Order of Court shall be entered as a Final Order of Court. By the Court, ?+, -?, M. L. Ebert, Jr. Shane B. Kope, Esquire Attorney for Plaintiff Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Timothy J. O'Connell, Esquire Attorney for Defendant Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 E. Robert Elicker, II Divorce Master of Cumberland County 9 North Hanover Street Carlisle, PA 17013 11 I'),f +? I Jan 23 2008 12.09pm P001/003 n. JAN 4 2008 iblz sER"vD COUNTY AOMESTIeULATIO? Date of Applicauon:_ j c Request for Support Record Search 1 D Address: --1?k4 N M Social SecurityNurnber: 179-22 Domes& Relations Case Number if Knovxn: Party Requesting Information: C?M r (Telephone Number) A Twenty Dollar (520.00) Fee is Due per Sa?ecurity Number K Make check or money order paysible to: DRSILien Search L INITIAL REQUEST Has no Record in Domestic Relations as of: ) S 5 (ate "83. Support Arrears as of End of Month Prior to Date of Application: S Cre a t MoxxWy Total Support Obligation: $_& 06 , oo mon -f-, The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pensylva nia, ?$ (o q 1 S 1 0 0 8(? $ Dozttestic Relations Case Number: POXG 1s -* $34o f 0.77,7 0 8 Signed: // ?. stet. !'a y o 8 (Lien 5r.?rch Coardinatvr) (pate) BRAG-DOWN REQUEST Suppon Arrears: S As Of: Signed: (Lien Coordinator) (Date) (Date) * * * Lien Satisfisfaction Receipt Available Upon Request*** CC 7aa CJ'7 "3 C ) A y COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VALERIE D. BEANE Plaintiff VS. CRAIG D. BEANE Defendant Case No. 05-5043 It appearing that the Master's report in the above stated case has been filed for ten (10) days,?-1WAWWW)'%ave and that all the requirements of law and Rules of Court have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania. Attor)aev for Plaintiff To: Pro otar Dated: alDB ? [° <'C') ?_? _ P 4? "rt.? F?'• '? I : 4 ? .. ? ?? ?? ? S p ? W - ?..? f.:, e . ., ._ 1•._.•. ? ? i _ _? ?__ "?"" ..f1 ? ?h w IN THE COURT OF COMMON PLEAS VALERIE D. BEANS ; CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION CRAIG D. BEANE NO. 05-5043 CIVILTERM 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) ?8?il?xtlfX??tl?t!l4?t?, (Strike out inapplicable section). 2. Date and manner of service of the complaint: An Acceptance of service was signed by defendant's counsel on October 26, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 8/17/2007 by defendant 8/17/2007 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending; There was a Report and Recommendations issued by Divorce Master on O ctober 9, 2007 that were made final and incorporated by Judge Ebert by Order dated December 19, 2007, 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 8/ 2 0/ 2 0 0 7 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 8/20/2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. VALERIE D. BEANE NO. 05-5043 VERSUS CRAIG D. BEANE DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT VALERIE D. BEANE PLAINTIFF, AND CRAIG D. BEANE ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; NONE BY THE COURT: PROTHONOTARY '(57 Ov ?W. 1 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 06/27/08 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number BUREAU OF COMMONWEALTH* C/O WAGE ATTACHMENT SECTION PO BOX 8006 HARRISBURG PA 17105-8006 179-38-2205 Employee/Obligor's Social Security Number 6915100868 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ $ 0.00 0.00 $ 0.00 $ 0.00 $ 606.00 $ 0.00 $ 0.00 $ 0.00 per month in current child support per month in past-due child support Arrears 12 weeks or greater? per month in current medical support per month in past-due medical support per month in current spousal support per month in past-due spousal support per month for genetic test costs per month in other (specify) one-time lump sum payment for a total of $ 6o6 . oo per month to be forwarded to payee below. O yes ® no You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 139.85 per weekly pay period. $ 303.00 per semimonthly pay period (twice a month) $ 229..69 per biweekly pay period (every two weeks) $ 606.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) ORS IAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. J / / BY THE COURT: Service Type M 4 OMB No.: 0970-0154 05-5043 CIVIL O Origi nal Order/Notice @Amended Order/Notice OTerminate Order/Notice QOne-Time Lump Sum/Notice RE:BEANE, CRAIG D. Employee/Obligor's Name (Last, First, MI) J. WESLEY OLER, JR., JUDGE Form EN-028 Rev. 3 Worker ID $IATT 606' x 1 2 * + 52. = 139*S5* 606" x 12,0 260=. 279.69* ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heckeyl you are required to provide a copy of this form to your mployee. If yoyr employee works in a state tha is di erent rrom the state that issued this order, a copy must be provi?ed to your employee even if the box is not chec?ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employeelobligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employeelobligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: BEANE, CRAIG D. EMPLOYEE'S CASE IDENTIFIER: 6915100868 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BEANE, CRAIG D. PACSES Case Number 836107708 Plaintiff Name VALERIE D. BEANE Docket Attachment Amount 05-5043 CIVIL$ 606.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? if checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 3 Service Type M OMB No.: 0970-0154 Worker ID $IATT F...: c?-a -r1 C?J JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant/Petitioner VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CRAIG D. BEANE, Defendant No. 05-5043 CIVIL CIVIL ACTION -LAW DIVORCE TO THE HON. M. L. EBERT, JUDGE OF SAID COURT: DEFENDANT'S PETITION TO REVIEW AND TERMINATE AWARD OF ALIMONY AND NOW comes the Defendant, Craig D. Beane, by and through his attorney, Jeanne B. Costopoulos, Esquire, and respectfully avers the following in support of this Petition: 1. Petitioner is Craig D. Beane, Defendant above, currently residing at 122 N. York Road, Dillsburg, York County, Pennsylvania, 17019. 2. Respondent is Valerie D. Beane, Plaintiff above, currently residing at 913 Old Silver Springs Road, Cumberland County, Mechanicsburg, Pennsylvania, 17055. 3. The parties were married on February 20, 2000, the third marriage for each of them. The parties separated on December 18, 2004. The parties did not have any children together. 4. Plaintiff filed a Complaint in Divorce on September 26, 2005. 5. The Divorce Master issued his Report and Recommendations on October 9, 2007, which was entered as a Final Order of Court by Order signed by the Hon. M. L. Ebert on December 19, 2007. A Decree in Divorce was signed by Judge Ebert on February 28, 2008. 6. According to the current order, Petitioner is to pay Respondent indefinite alimony in the amount of $600.00 per month. 7. Petitioner avers that alimony should be terminated for the following reasons: a. The parties were married for approximately 4 '/2 years. The parties have been separated for approximately 3'/2 years. b. Respondent has had ample time to complete treatment for her alcoholism and should now be required to support herself through appropriate employment to provide for her reasonable needs without contribution from Petitioner. C. Respondent indicated previously that she planned to return to work full time in the spring of 2008. d. Respondent is cohabitating with a member of the opposite sex and continued alimony is therefore barred pursuant to 23 Pa.C.S. §3706. 8. Counsel for Respondent, Shane B. Kope, Esquire, has indicated that Respondent is opposed to the relief requested herein. WHEREFORE, Petitioner respectfully requests this Honorable Court to review and terminate its award of alimony to Respondent. RESPECTFULLY SUBMITTED: BY: Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT/PETITIONER 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA Supreme Ct. ID No. 68735 DATE: VERIFICATION I, Craig D. Beane, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: 1c zo5 C.- '?> CRAIG EANE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Shane B. Kope, Esquire KOPE & ASSOCIATES, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 BY: e B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT/PETITIONER 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 221-0900 DATE: U? j ` /, /0 PA Supreme Ct. ID No. 68735 l CD ---4 i ° to C7' ..'Try I r OCT 0`7 Z008 (? VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-5043 CIVIL CRAIG D. BEANE, CIVIL ACTION -LAW Defendant DIVORCE ORDER OF COURT AND NOW this $ day of () Lk U1?t4" , 2008, a Rule is hereby issued on Plaintiff to show cause why Defendant's Petition to Review and Terminate Alimony should not be granted. Rule returnable days from service. BY THE COURT: Hon. M. L. Ebert. Distribution: ' anne B. Costopoulos, Esq., 5000 Ritter Rd., Ste. 202, Mech icsburg, PA 17055 /Shane B. Kope, Esq., 4660 Trindle Rd., Ste. 201, Camp Hill, PA 17011 t £S i?bt tccL l o`g?0? LO ; 3.3 6- 130 g3tl KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com VALERIE D. BEANE, Plaintiff, vs. CRAIG D. BEANE, Defendant: Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5043 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO REVIEW AND TERMINATE AWARD OF ALIMONY AND NOW, comes Plaintiff Valerie Beane by and through her attorney, Shane B. Kope, Esquire and files the foregoing Response to Defendant's Petition to Review and Terminate Award of Alimony, and in support avers the following: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. By way of further explanation, the parties were married on February 20, 2000 but separated in February, 2005 when the Respondent left the home due to continued abuse. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. a. Denied. The parties were married for a full five years. The length of separation of the parties has no bearing on an indefinite award of alimony. b. Denied. There is no way of knowing how long a person with alcoholism needs in order to complete treatment and recover. Petitioner is being presumptuous in asserting that Respondent should be recovered in less than one year from the date of the Divorce Decree. Respondent has severe medical problems relating to her alcoholism that affects her ability to work. The Divorce Master took this into account when he stated that the Petitioner's duty does not cease at the result of a divorce when health issues continue to affect Respondent's standard of living into the future. Also in the Divorce Master's Report and Recommendation, Repondent's earning capacity of $1,069.00 net per month was taken into consideration in calculating the alimony award of $600.00 per month. The Divorce Master stated in the Report and Recommendation that even if the Respondent returns to work, this would not be a substantial change in circumstances of a continuing nature that would require review of the alimony award. C. Denied. As stated above, Respondent's earning capacity of $1,069.00 net per month was taken into consideration in calculating the alimony award of $600.00 per month. If and when Respondent does return to work, it will not be a substantial change in circumstances to warrant review of the alimony award. Plaintiff's statement that she would return to work in spring, 2008, is irrelevant to the alimony award. d. Denied. The matter of cohabiting has already been litigated and dismissed by the Honorable M.L. Ebert. When the Divorce Master's Report and Recommendation was issued, the Petitioner took exceptions to the Report and a hearing was held before Judge Ebert. Judge Ebert dismissed the exceptions and entered the Report and Recommendation in full. Petitioner is trying to bring up the same issues less than one year later. The Divorce Master and Judge Ebert found no evidence of cohabitation of the Plaintiff and Mr. Rheem. The situation was deemed a necessity and did not rise to the level of an intimate relationship. Mr. Rheem is a friend and prior family member of the Plaintiff and the living arrangement is based on these facts. There has been no change in the relationship since the findings of the Divorce Master and therefore the alimony award cannot be reviewed based on cohabitation. 8. Denied. On the contrary, counsel for Respondent was never contacted by counsel for the Petitioner to ascertain his opposition or concurrence to the relief requested. Counsel was not even hired to respond to this Petition until after it was filed with the Court. WHEREFORE, Respondent, Valerie Beane, respectfully requests that this Court deny the Petition to Review and Terminate Alimony and keep in full force and effect the Divorce Master's Report and Recommendation entered into court by the Honorable Judge Ebert on December 19, 2007. Respectfully Submitted, IATES, LLC By: Shane B. Ko Esquire Date: f of a 4/,t 0 0 8 CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that on October 24, 2008, i served a copy of the foregoing Plaintiff's Answer to Defendant's Petition for Review and Termination of Alimony by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Jeanne Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Defendant TES, LLC Shane B. Kope, sq. 660 Trindle Rpid, Suite 201 Camp i , PA 17011 (717) 761-7573 I.D. 92207 Attorney for Plaintiff ? C_:. ? r? .: ?:? *?? ?$ ?? .--, .i .,. ?. r, ;? ,? , ;rt ? ... .F 1 . n.'i ?_ .? VALERIE D. BEANE, PLAINTIFF V. CRAIG D. BEANE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5043 CIVIL IN RE: DEFENDANT'S PETITION TO REVIEW AND TERMINATE AWARD OF ALIMONY ORDER OF COURT AND NOW, this 29th day of October, 2008, upon consideration of the Defendant's Petition to Review and Terminate Award of Alimony and the Plaintiff's Response thereto, IT IS HEREBY ORDERED AND DIRECTED that the matter shall be returned to the Divorce Master to schedule a hearing at his earliest convenience. By the Court, M. L. Ebert, Jr., J. Shane B. Kope, Esquire Attorney for Plaintiff Jeanne B. Costopoulos, Esquire io ?9?b g Attorney for Defendant Robert Elicker, Esquire Divorce Master -- i alp Ins 6'S Court Administrator 64s Ivj Wj 'i-,- bas ?+..r bid 6Z IN ?i?E1Z nl ?? ? ..lx VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG D. BEANE, DEFENDANT NO. 05-5043 CIVIL IN RE: DEFENDANT'S PETITION TO REVIEW AND TERMINATE AWARD OF ALIMONY ORDER OF COURT AND NOW, this 18th day of December, 2008, upon consideration of the Defendant's Petition to Review and Terminate Award of Alimony and the Plaintiff's Response thereto, IT IS HEREBY ORDERED AND DIRECTED that the Order of Court dated #, October 29, 2008, is vacated. A hearing on this matter shall be held on Thursday, April 30, 2009, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. /Shane B. Kope, Esquire At orney for Plaintiff Jeanne B. Costopoulos, Esquire Attorney for Defendant Robert Elicker, Esquire 0'Wo t t45 Divorce Master Court Administrator ),VWV ? .bPxd bas CO r," n'ldil a,1 t e/o8 By the Court, .?*Iu --? M. L. Ebert, Jr., J. 330 dooz 3;;?!±+O--n3liJ VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG D. BEANE, IN DIVORCE Defendant/Petitioner: NO. 05-5043 CIVIL TERM IN RE: PETITION TO TERMINATE ALIMONY ORDER OF COURT AND NOW, this 30th day of April, 2009, after hearing in the above-captioned matter, counsel for the Petitioner having requested a period of time in which to prepare and file a brief, IT IS HEREBY ORDERED AND DIRECTED that the Petitioner file a brief in this matter on or before May 22nd, 2009. By the Court, M. L. Ebert, Jr.,NT\ anne B. Costopoulos, Esquire For the Defendant/Petitioner ,,55ane B. Kope, Esquire t For the Plaintiff/Respondent v :lfh ff i? 28 Hj?Q IN THE COURT OF COMMON PLEA$ OF VALERIE D. BEANS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent V. CRAIG D. BEANE., Defendant/Petitioner CIVIL ACTION - LAW NO. 05-5043 CIVIL TERM IN RE: DEFENDANT'S PETITION TO REVIEW AND TERMINATE AWARD OF ALIMONY ORDER OF COURT AND NOW, this 11th day of June, 2009, after consideration of Defendant's etition to Review and Terminate Award of Alimony, IT IS HEREBY ORDERED that the Petition is DENIED and the Februa 28, 2008 Order of Court remains in effect. By the Court, M. L. Ebert, Jr., J. ?ane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 717-761-7573 Attorney for Plaintiff/Respondent Aann6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 717-221-0900 Attorney for Defendant/Petitioner Cop I F-s rnat LC., FILED--fu I i ICt E OF THE OTARY 2009 JUN 12 A 8: 18 IN THE COURT OF COMMON PLEA$ OF VALERIE D. BEANS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent V. CIVIL ACTION - LAW CRAIG D. BEANE., Defendant/Petitioner NO. 05-5043 CIVIL TERM YARD OF DEFENDANT'S PETITION TO REVIEW AND TERMINATE AN ALIMONY OPINION AND ORDER OF COURT EBERT, J., June 11, 2009 - STATEMENT OF FACTS Parties were married on February 4, 2000. The marriage was the third for b?th parties. The parties have been separated since December 18, 2004 when Plaintiff moved out of the marital residence. Plaintiff currently lives at 913 Old Silver Spring Road in Mechanicsburg, PA with William Ream and has been living there since February 4, 2005. PROCEDURAL HISTORY Wife filed a complaint for divorce on September 26, 2005. A Decree in Divorce was issued on February 28, 2008. Hearings were held on December 18, 2006, August 1`7, 2007, and September 14, 2007 before Divorce Master E. Robert Elicker. Mr. Elicker filed hiss report on I October 9, 2007. On October 17, 2007, Husband filed Exceptions to Master's Rep rt. On December 19, 2007, this Court denied the Exceptions and entered an Order confirming alimony as determined in Master's Report. On February 28, 2008, this Court issued an orde? accepting i the Recommendation of the Master as the Final Order of Court, requiring Husband io pay Wife $600 per month alimony for an indefinite duration. On October 6, 2008, Husband ?iled 2 F Defendant's Petition to Review and Terminate Award of Alimony. By Order of dated December 18, 2008, the matter was set down for hearing before this Court on April 30, 2009. DISCUSSION A. Standard of Review - Termination o Alimony The Master's Report states that the amount and duration of alimony shall be subject to modification and termination by petition of either party as allowed under Section 3101(e) of the Domestic Relations Code! The relevant section of the Code states: (e) Modification and termination.--An order entered pursuant to this secti n is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made. Any further order shall apply only to pa ents accruing subsequent to the petition for the requested relief. Remarriage oft e party receiving alimony shall terminate the award of alimony. 23 Pa.C.S.A. § 3701. (emphasis added). Petitioner argues that Respondent Wife is cohabitating with a member of th4 opposite sex which therefore bars the payment of alimony. The relevant section of the statute No petitioner is entitled to receive an award of alimony where the petitioner subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity. 23 Pa.C.S.A. § 3706. The Pennsylvania Superior Court has held that cohabitation requires that tw? persons of the opposite sex reside together as husband and wife, mutually assuming those righ?s and duties usually present in a marriage. Miller v. Miller, 508 A.2d 550, 554 (Pa. Super. 1986). Cohabitation may be shown by evidence of financial, social, and sexual interdependence, by a sharing of the same residence, and by other means. Id. 1 Master's Report filed Oct. 9, 2007, p. 13. 3 B. Cohabitation This Court has already ruled on the cohabitation issue and was in agreementwith the Master's ruling that the Wife's living arrangement with Mr. Ream is not No circumstances have changed with the living situation since that determination. reason that the living arrangement should now be viewed as cohabitation Ream do not share bank accounts and do not assume financial or household duties by husband and wife. Because of her health and financial situation, the respondent to live on her own. In her current situation she simply relies on a male friend to room in which to live. This Court finds as credible the respondent's testimony that have any sexual contact with her roommate. Therefore, alimony cannot be basis of cohabitation in this case, but still must be reviewed based on changed the financial situation of Respondent. C. Change in Financial Situation Petitioner argues that Wife's receipt of social security disability payments in health insurance premium because of Medicaid eligibility constitutes changed of a substantial and continuing nature warranting termination of alimony cohabitation. 'here is no ;nt and Mr. ormally held ;annot afford ride her a She does not od on the nstances in reduction Wife now receives $425 per month in disability payments.2 Her disability status makes her eligible to receive medical coverage through Medicaid, so she no longer pays the $239 per month medical insurance premium originally considered in the Master's Report.3 The Divorce Master estimated Wife's net monthly earning capacity at $1,06 and has factored this amount into the alimony recommendation.4 The Master specifically indicated that any earnings by the Wife in the future up to the amount of the earning capacity would not be 2 Notes of Testimony, Apr. 30, 2009, p. 11 (hereinafter N.T. ?. 3 Master's Report at 3. 4 Master's Report at 11. 4 considered a substantial change of circumstances of a continuing nature.5 The Wife now has a net increase of $664 per month available to her (by receiving $425 in disability and having $239 less to pay in insurance premiums). Petitioner argues that according to Social S guidelines, the Wife can still earn up to $980 and still receive the $425 in disability ?enefits and argues that this increases her earning capacity to $1405. Petitioner then argues that because the Divorce Master originally intended for Wife to have a total income of $1430 per month ($1069 earning capacity plus $600 per month alimony less $239 insurance premiums), them is now only a $25 gap in the monthly amount intended by the Divorce Master. Petitioner argue that this difference warrants the termination of alimony, or, at the least, a reduction in alimo*y to $25 per month. This Court disagrees with Petitioner's argument. The Divorce Master clearly anticipated that the Wife might at some time receive disability benefits, and did not indicate in his report that this should reduce the amo nt of her alimony.6 The Master also anticipated that Wife may at some point resume employment.' This Court rejects Petitioner's argument that the receipt of disability and elimination of i premiums changes the Wife's earning capacity. We consider the disability payments and the elimination of insurance premiums the same as we would consider earnings from erl ploy and as such, consider those to be within the potential earning capacity. Applying dilsabili payments to the estimated earning capacity of $1,069 assigned to her, she could still earn $644 per month before this Court would consider the circumstances to be of a substantial nature to warrant a reduction or termination of alimony. Even factoring in the benefit of the limination of the $239 monthly health insurance premiums, Wife has available to her an addition 1$664 per 5 Master's Report at 3. 6 Master's Report at 12. 7 Master's Report at 12. 5 month. Together with alimony of $600, her total monthly income is $1264, which is still $166 less than the $1430 intended by the Divorce Master. D. Continuance of Alimony This Court finds that Respondent's disability award and elimination of health insurance premiums do not constitute changed circumstances of a substantial and continuing nature to warrant termination of alimony. These changes affect Respondent's financial situat on but do not cause her to exceed the monthly net income anticipated by the Divorce Master. This Court finds that Respondent is still entitled to alimony in the amount of $600 per month a originally determined by the Divorce Master. Accordingly, the following Order shall be entered: ORDER OF COURT AND NOW, this 11th day of June, 2009, after consideration of Defendant's Review and Terminate Award of Alimony, IT IS HEREBY ORDERED that the Petition is DENIED and the Februar Order of Court remains in effect. Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Attorney for Plaintiff/Respondent Jeann6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Attorney for Defendant/Petitioner 6 ition to 28, 2008 J. By the Court, FILED- j-`F P CI THE 2009 JUN 12 Atli 8: 18 PR^ N ^',,YI dA IA ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-5043 CIVIL State Commonwealth of Pennsylvania OOriginal Order/Notice CO./City/Dist. of CUMBERLAND @Amended Order/Notice Date of Order/Notice 08/17/10 0 Terminate Order/Notice Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice RE: BEANE, CRAIG D. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 179-38-2205 Employee/Obligor's Social Security Number BUREAU OF COMMONWEALTH* 6915100868 C/O WAGE ATTACHMENT SECTION Employee/Obligor's Case Identifier PO BOX 8006 (See Addendum for plaintiff names HARRISBURG PA 17105-8006 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? ® yes Ono $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 600.00 per month in current spousal support $ o . oo per month in past-due spousal support Q $ 0.00 per month for genetic test costs p $ o. oo per month in other (specify) $ one-time lump sum payment for a total of $ 600 . o0 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not mwch the ordered support payment cycle, use the following to determine how much to withhold: $ 138.46 per weekly pay period. $ 300.00 per semimonthly pay period (twice a month) $ 276.92 per biweekly pay period (every two weeks) $ 600.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SO/ 5pit7SECURIJV NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. i / BY THE COURT: J. Wesley Oler, Jr., a DRO: R.J. Shadday I Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If hecked you are required to provide aSopy of this form to your m loyee. If yoyr employee works in a state that is di Brent from the state that issued this or er, a copy must be provi?edpto your emp ogee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BEANE, CRAIG D. EMPLOYEE'S CASE IDENTIFIER: 6915100868 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOU NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: if you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M oMBNo.:0970-0154 Worker ID $IATT a ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BEANE, CRAIG D. PACKS Case Number 836107708 PACSES Case Number Plaintiff Name Plaintiff Name VALERIE D. BEANE Docket Attachment Amount Docket Attachment Amount 05-5043 CIVIL$ 600.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OM13 No.: 0970-0154 Worker I D $ IATT JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant/Petitioner VALERIE D. BEANE, Plaintiff vs. rte n rrl C_ C- °, Fi:7 71 r°- ??r IN THE COURT OF COMMON PL CUMBERLAND COUNTY, PENN'EVA]IA - C_. -. - No. 05-5043 CIVIL ==.a a ?!^ i r CRAIG D. BEANE, CIVIL ACTION -LAW Defendant DIVORCE TO THE HON. M. L. EBERT, JUDGE OF SAID COURT: DEFENDANT'S PETITION TO REVIEW AND TERMINATE AWARD OF ALIMONY AND NOW comes the Defendant, Craig D. Beane, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and respectfully avers the following in support of this Petition: 1. Petitioner is Craig D. Beane, Defendant above, currently residing at 122 N. York Road, Dillsburg, York County, Pennsylvania, 17019. 2. Respondent is Valerie D. Beane, Plaintiff above, last known to reside at 913 Old Silver Springs Road, Cumberland County, Mechanicsburg, Pennsylvania, 17055. 3. The parties were married on February 20, 2000, the third marriage for each of them. The parties separated on December 18, 2004. The parties did not have any children together. 4. Plaintiff filed a Complaint in Divorce on September 26, 2005. 5. The Divorce Master issued his Report and Recommendations on October 9, 2007, which was entered as a Final Order of Court by Order signed by the Hon. M. L. Ebert on December 19, 2007. A Decree in Divorce was signed by Judge Ebert on February 28, 2008. 6. According to the current order, Petitioner is to pay Respondent indefinite alimony in the amount of $600.00 per month. 7. Petitioner avers that alimony should be terminated for the following reasons: a. The parties were married for approximately 4 '/2 years. The parties have been separated for approximately 6'/2 years. b. Respondent has had ample time to complete treatment for her alcoholism and should now be required to support herself through appropriate employment to provide for her reasonable needs without contribution from Petitioner. C. Respondent indicated previously that she planned to return to work full time in the spring of 2008. d. Petitioner will be retiring on June 24, 2011 and will have no other income other than his retirement. 8. Counsel for Respondent, Shane B. Kope, Esquire, has indicated that Respondent is opposed to the relief requested herein. WHEREFORE, Petitioner respectfully requests this Honorable Court to review and terminate its award of alimony to Respondent. RESPECTFULLY SUBMITTED: BY: ;f Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT/PETITIONER 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: (717) 221-0900 " PA Supreme Ct. ID No. 68735 DATE: VERIFICATION I, Craig D. Beane, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: I `'"' CRAIG D. BEANE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Shane B. Kope, Esquire KOPE & ASSOCIATES, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 BY: Jeann ' . Costopoulos, Esquire ATTORNEY FOR DEFENDANT/PETITIONER 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Phone: (717) 221-0900 DATE: C?o / ?l /?? PA Supreme Ct. ID No. 68735 VALERIE D BEANE IN THE COURT OF COMMON PLEAS 1. 1 `-' 1:., -` . , PLAINTIFF - CUMBERLAND COUNTY, PENNSYLVJ?,'A ?. C- `4' , V. : r- ?) - 6 CRAIG D. BEANE, ; w; - -: DEFENDANT NO. 05-5043 CIVIL co ORDER OF COURT AND NOW, this 13th day of June, 2011, upon consideration of the Defendant's Petition to Review and Terminate Award of Alimony, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Plaintiff to show cause why the relief requested should not be granted; 2. The Plaintiff will file an answer on or before July 5, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Shane B. Kope, Esquire Attorney for Plaintiff Jeanne Costopoulos, Esquire Attorney for Defendant M. L. Ebert, Jr., J. ;? M? ?°? I1Iq1 aV,g bas A JAIME D. BLACK, ESQUIRE Kope & Associates. Attorney I.D. No. 200705 395 St. Johns Church Road, Suite 101 Camp Hill, Pa 17011 (717) 761-7573 jblack@kopelaw.com - FILED-OFFICE OF THE PROTHONOTA ZY 2011 JUL 13 PM 1: 51 CUMBERLAND COUNTY PENNSYLVANIA VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5043 CRAIG D. BEANE, Defendant. CIVIL ACTION- Divorce ANSWER TO DEFENDANT'S PETITION TO REVIEW AND TERMINATE ALIMONY AND NOW, comes the Plaintiff, Valerie D. Beane, by and through her attorney Jaime D. Black, Esq., and the law firm of Kope & Associates and files this Answer and in support thereof states the following: 1. Paragraph 1 is admitted. 2. Paragraph 2 is admitted. 3. Paragraph 3 is admitted in part and denied in part. By way of further explanation, the parties were married on February 20, 2000 but separated in February 2005 when Plaintiff left the home due to continued abuse. 4. Paragraph 4 is admitted. 5. Paragraph 5 is admitted. 6. Paragraph 6 is admitted. 7. Paragraph 7 is denied and proof thereof is demanded. a. Subpart (a) is denied. The parties were married for a full five years. The length of separation or how long the parties have been divorced has no bearing on an indefinite award of alimony. b. Subpart (b) is denied. There is no way of knowing how long a person with alcoholism needs in order to complete treatment and recover. Plaintiff has severe medical problems relating to her alcoholism that affects her ability to work. The Divorce master took this into account when he stated that the Defendant's duty does not cease as a result of a divorce when health issue continue to affect Plaintiff's standard of living in the future. Further, in the Divorce Master's Report and Recommendation, Plaintiff's earning capacity if $1,069.00 net per month was taken into consideration in calculating the alimony award of $600.00 per month. The Divorce Master stated in the Report and Recommendation that even if the Plaintiff returns to work, this would not be a substantial change in circumstances of a continuing nature that would require review of the alimony award. C. Subpart (c) is denied. As stated above, Plaintiff's earning capacity of $1,069.00 net per month was taken into consideration in calculating the alimony award of $600.00 per month. If and when Plaintiff does return to work, it will not be a substantial change in circumstances to warrant review of the alimony award. Plaintiff's statement that she planned to return to work in spring 2008 is irrelevant to an award of alimony when the Divorce Master took that fact into consideration when the determining the appropriateness and amount of the alimony. Defendant has provided no information to even. suggest Plaintiff s circumstances have changed in such a way as to warrant a review of the alimony award, let alone a termination. d. Subpart (d) is neither admitted nor denied and proof is demanded thereof. By way of further response, when the Divorce Master awarded an indefinite alimony obligation, it was clear that at some point in the future, Defendant would take his retirement with the Commonwealth of Pennsylvania. Evidence of Defendant's retirement benefits was presented and discussed during the Master's proceeding. Had the Master intended to limit or terminate the alimony upon Defendant's retirement, he could have easily have done so in his Report and Recommendation. Instead, the Divorce Master provided for an indefinite alimony award. The indefinite alimony award was further ordered by this Honorable Court on June 11, 2009, following a previous attempt in 2008 by Defendant to terminate Plaintiff's alimony. Paragraph 8 is denied. Counsel for Plaintiff was never contacted for the Defendant to ascertain concurrence or opposition to the relief requested. Counsel was not even hired to respond to this Petition until after it was served. Counsel did not even received a filed or signed copy of this petition by Defendant's counsel. WHEREFORE, Plaintiff prays this Honorable Court denies Defendant's request to grant the Petition to Review and Terminate an Award of Alimony and keep in full force and effect the Divorce Master's Report and Recommendation as entered into Court by the Honorable Judge Ebert on December 19, 2007. Respectfully submitted, KOPE & ASSOCIATES Date: By: Jaime . B ck, Esq. Atto v r Plaintiff CERTIFICATE OF SERVICE I ?^ I, Jaime D. Black, Esq., do hereby certify that on the day of July, 2011, I caused a true and correct copy of the Answer to Defendant's Petition to Review and Terminate Award of Alimony to be served upon the following individual(s) by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike Suite C Mechanicsburg, PA 17055 Respectfully submitted, Kope & Associates Date: -11I ?? 11 By: Jaime D Bl , Esq., Attorne for ]Plaintiff c? C ° ? IN THE COURT OF COMMON PLEAS C -ern VALERIE D. BEANE, CUMBERLAND COUNTY, PENNSYLV r_n ° PLAINTIFF r-= ° C C:3 " c> "LT ._ 25 CRAIG D. BEANE, W DEFENDANT NO. 05-5043 CIVIL ORDER OF COURT AND NOW, this 15 th day of July, 2011, upon consideration of the Defendant's Petition to Review and Terminate Award of Alimony and the Answer filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that a hearing on the matter will be held on Wednesday, October 19, 2011, at 2:30 p.m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Jaime D. Black, Esquire Kope & Associates Attorney for Plaintiff / Jeanne Costopoulos, Esquire Attorney for Defendant M. L. Ebert, Jr., oYb bas By the Court, ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT 05-5043 CML State: Commonwealth of Pennsylvania (?) Original Order/Notice Co./City/Dist. of: CUMBERLAND Q Amended Order/Notice Date of Order/Notice: 08/04/11 O Terminate Order/Notice Case Number (See A en um for case summary) 0 One-Time Lump Sum/Notice RE: BEANE, CRAIG D. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 179-38-2205 COMMONWEALTH OF PENNSYLVANIA mployeyee Igor s ocia ecunty um er PO BOX 125 6915100868 mp oyee Igor s ase enti ier HARRISBURG PA 17108-0125 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION. This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ 0.00 per month in past-due child support Arrears 12 weeks or greater? Q yes Q no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $_ 600.00 per month in current spousal support rte- ?:,'3 $ 0.00 per month in past-due spousal support y ._ $ 0.00 per month for genetic test costs ,_. $ 0.00 per month in other (specify) MM ? r- $? - one-time lump sum payment x' for a total of $_ 600.00 per month to be forwarded to payee below. -c s z"7? You do not have to vary your pay cycle to be in compliance with the support order. If your pay c5,?Poesinottaiatch the ordered support payment cycle, use the following to determine how much to withhold: - $ 138.08 per weekly pay period. $ 300.00 per semimonthly pay Y Period R- 276.16 (twice a month) $ - per biweekly pay period (every two weeks) $ 600.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case Identifier) SOC/A SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH SY MAIL. - / / ? BY THE COURT: Service Type M J. Wesley Wr, Jr., Ju OMB No.. 0970-0154 4j f S ?) 0 /'/ Form EN-028 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checke(l. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 0283100092 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: 0 THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 0 EMPLOYEE'S/OBLIGOR'S NAME: BEANE CRAIG D. EMPLOYEE'S CASE IDENTIFIER: 6915100868 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Tvoe M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us OMB No.. 0970-0154 Paqe 2 of 2 Form EN-028 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BEANE, CRAIG D. PACSES Case Number 836107708 Plaintiff Name VALERIE D. BEANE D cke Attachment Amount 05-5043 CIVIL $ 600.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Numb r Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M Worker ID $OINC OMB No.: 0970-0154 ORDERMOTICE TO WITHHOLD INCOME FOR SUPPORT 05-5043 CIVIL State: Commonwealth of Pennsylvania O Original Order/Notice Co./City/Dist. of: CUMBERLAND Q Amended Order/Notice Date of Order/Notice: 08/04/11 (i Terminate Order/Notice Case Number (See A en um for case summary) Ti L O O ne- me ump Sum/Notice RE: BEANE, CRAIG D. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 179-38-2205 BUREAU OF COMMONWEALTH` Employee/Obligor s Social Security Number C/O WAGE ATTACHMENT SECTION 6915100868 PO BOX 8006 Employee/Obligor's Case IdentTmer HARRISBURG PA 17105-8006 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUM BERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until furthe r notice even if the Order/Notice is notissued b?,-,ayour State. $ 0.00 per month in current child support 03 - -? $ 0.00 per month in past-due child support Arrears 12 weeks or greater? :CRS r r= $_ 0.00 per month in current medical support mot- r $_ 0.00 per month in past-due medical suppor t' $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs r: c $ 0.00 per month in other (specify) $__ one-time lump sum payment for a total of $ 0.00 per month to be forwarded to payee below You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ _ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFEND T'S NAME AND THE PACSES MEMBER /D (shown above as the Employe&Obligor's lase Identif r) R S90AL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BYMAIL BY THE COURT: Service Type M J. Weslo Oler, A, J4dge OMB NO.: 0970-0154 Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checke(l1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must. however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.` Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.` Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2321722990 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: Q EMPLOYEE'S/OBLIGOR'S NAME: BEANE, CRAIG D. EMPLOYEE'S CASE IDENTIFIER: 6915100868 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: _ NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: 'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at by FAX at (717 17) 240-6225 or 240-6248 or by internet www.childsupport.state.pa.us OMB No 0970-0154 Service Type M Page 2 of 2 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BEANE, CRAIG D. PACSES Case Number 836107708 Plaintiff Name VALERIE D. BEANE Docket Attachment Amount 05-5043 CIVIL $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Do ke Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No. 0970-0154 Worker ID $IATT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT C 5 - 5 0 3 C i v i l State: Commonwealth of Pennsylvania 0 Original Order/Notice Co./City/Dist. of: CUMBERLAND 0 Amended Order/Notice Date of Order/Notice: 08/11/11 O Terminate Order/Notice Case Number (See A en um for case summary) 0 One-Time Lump Sum/Notice RE: BEANE, CRAIG D. Employer/withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 179-38-2205 COMMONWEALTH OF PENNSYLVANIA Employee/Obligor's Social Security Number C/O PUBLIC SCHOOL 6915100868 PO BOX 125 mpoyee igors Case Identifier HARRISBURG PA 17108-0125 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania . By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. -? $ 0.00 per month in current child support $ 0 00 per month in past-due child support -,_ p _ Arrears 12 weeks or greater? -res?a- ` . $ 0.00 per month in current medical support . _ _ . $_ 0.00 per month in past-due medical support $ 0.00 per month in current spousal support `- r -- - $ 0.00 per month in past-due spousal support T' $ 0.00 per month for genetic test costs . $ 0.00 per month in other (specify) rv $ one-time lump sum payment for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ - 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFEN NT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case /dentir r OR SO IAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASI*BYmAiLr. ,F? _ BY THE COURT: v_, l ? ' J. Wesl"ler, Jr , Judge V OMB No. 0970-0154 Form EN-028 Service Type M Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 1064100097 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O EMPLOYEE'S/OBLIGOR'S NAME: BEANE CRAIG D. EMPLOYEE'S CASE IDENTIFIER: 6915100868 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: 1 NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.child support. state. pa us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: BEANE, CRAIG D. PACSES Case Number 836107708 PACKS Case Number Plaintiff Name Plaintiff Name VALERIE D. BEANE Docket Attachment Amount Docket Attachment Amount 05-5043 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $OINC ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 06- 50)143 01V It State: Commonwealth of Pennsylvania (. Original Order/Notice Co./City Dist. of: CUMBERLAND Q Amended Order/Notice Date of Order/Notice: 08/11/11 Case Number (See A en um for case summary) O Terminate Order/Notice 0 One-Time Lump Sum/Notice RE: BEANE, CRAIG D. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) PA STATE RETIREMENT SYSTEM E 79-38- 2205 C/O ST EMPL RETIREMENT SYS m ploye yee igors ocia ecun Number 30 N 3RD ST STE 150 6915100868 HARRISBURG PA 17101-1726 mpoyee igors Case enti er (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child sup ort p $ 0.00 per month in past-due child support Arrears 12 weeks or greater?s ria° $ 0.00 per month in current medical support - $ 0.00 per month in past-due medical support , 77,1 $ 600.00 per month in current spousal support 0-1 $ 0.00 per month in past-due spousal support $ 0.00 per month for genetic test costs 77 - $ 0.00 per month in other (specify) t C $_ one-time lump sum payment for a total of $ 600.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 138.08 per weekly pay period. $ 300.00 per semimonthly pay period 276.16 (twice a month) $ per biweekly pay period (every two weeks) $ 600.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER /D (shown above as the Employee/Obligor's Case /dent; r) OI?tjSOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BYAAIL. // /` ?? BY THE COURT: 3.1oi( Service Type M J. Wesloi Olei; Jr., Judge OMB No.: 0970-0154 Form EN-028 Worker ID $OINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS FJ If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.` Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.` Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 0283100092 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER: Q THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: Q EMPLOYEE'S/OBLIGOR'S NAME: BEANE, CRAIG D. EMPLOYEE'S CASE IDENTIFIER: 6915100868 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9." Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks: If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: "NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us OMB No.: 0970-0154 Page 2 of 2 Form EN-028 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/O bI Igor: BEANE, CRAIG D. PACSES Case Numb r 836107708 Plaintiff Name VALERIE D. BEANE Docket Attachment Amount 05-5043 CIVIL $ 600.00 Child(ren)'s Name(s): DOB PACSES Ca Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Ca Numb r Plaintiff Name Docket ?achment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name o k t Attachment Amo nt $ 0.00 Child(ren)'s Name(s): DOB PACSES Ca Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 Service Type M OMB No.: 0970-0154 Worker ID $OINC 4 FiLE1C T L'J r I DEC - I Phi 1: 4 =+ KOPE & ASSOCIATES, LLC Hilary Vesell, Esq. Attorney I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com 'I,UMBERLAr- J CULTNP( PE11hNISYLVA,NIA Attorney for Plaintiff/Respondent VALERIE D. BEANE, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5043 CRAIG D. BEANE, Defend ant/Petitioner. CIVIL ACTION- Divorce TO THE HONORABLE M.L. EBERT, JUDGE OF SAID COURT: MOTION FOR EXTENSION OF TIME TO FILE BRIEF AND NOW, this day of November, 2011, comes the above-named Respondent, Valerie D. Bean, by and through her attorney, Hilary Vesell, Esquire, and Kope & Associates, LLC, and files this Motion for Extension of Time to File Brief, and in support thereof, the following is averred: 1. Petitioner is Craig D. Beane, Defendant above, currently residing at 122 N. York Road, Dillsburg, York County, Pennsylvania, 17019. 2. Respondent is Valerie D. Beane, Plaintiff above, currently residing at 913 Old Silver Springs Road, Cumberland County, Mechanicsburg, Pennsylvania, 17055. 3. The parties were married on February 20, 2000. 4. A Complaint for Divorce was filed on September 26, 2005. 5. The Divorce Master issued his Report and Recommendations on October 9, 2007, which was entered as a Final Order of Court signed by the Honorable M.L. Ebert on December 19, 2007. The Decree in Divorce was signed by the Honorable M.L. Ebert on February 28, 2008. 6. According to the Order, Petitioner is to pay Respondent indefinite alimony in the amount of $600.00 per month. 7. On June 8, 2011, Petitioner filed a Petition to Review and Terminate Award of Alimony. 8. A hearing was held on Petitioner's Petition to Review and Terminate Award of Alimony on November 19, 2011, in front of the Honorable M. L. Ebert. 9. At the hearing, both parties were order to submit briefs on the issues raised no later than thirty (30) days after the date of distribution of the transcript from the hearing. 10. At the hearing, undersigned counsel as counsel for the Respondent was Also ordered to obtain information regarding Petitioner's State Employees' Retirement Account, including a breakdown of what Respondent will receive from Petitioner's retirement account, as well as the dates when those payments will begin. This information was to be included in said brief. 11. To date, undersigned counsel as counsel for Respondent has been unable to access this information without a signed written request from the Petitioner along with his social security number. (See Attached Exhibit "A"; Letter to Petitioner's Attorney requesting a letter to this effect dated October 28, 2011.) 12. To date, Petitioner's counsel has not responded to this letter. 13. As a result, a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, which requires a 20 day waiting period, (before the subpoena can be certified), was mailed to Petitioner's Counsel on November 22, 2011. (See Attached Exhibit "8', copy of Notice of Intent to Serve Subpoena.) 14. To date, Petitioner continues to be in contempt of court order for alimony payments, which have not been paid to Respondent since July of 2011. f + WHEREFORE, based upon the foregoing, Petitioner respectfully requests Your Honorable Court grant Petitioner an additional sixty (60) day extension to prepare and file a brief. Dated: ' I ? 3(?) Respectfully submitted, Kope & Associates, LLC jiuu/-)?A' Hilary Vesell, 01 quire I D # 308358 Kope & Associates, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Shane B. Kope, Esq. ¦ Alyssa H. Knisely, Esq. Hilary P. Vesell, Esq. ¦ Damian J. DeStefano, Esq. K O P E ASSOCIATES October 28, 2011 Jeanne B. Costopoulos 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 In re: Beane v. Beane No. 05-5043 Dear Ms. Costopoulos: I am writing this letter to inform you that I spoke with Salvatore Darigo in the Legal Department at the State Employees' Retirement System regarding Craig Beane's State Employees' Retirement Account. In order to access this account, it is necessary that your client send a signed written request along with his social security number asking for a breakdown of what Valerie Bean will receive from Mr. Beans retirement account along with the dates of when these payments will begin. Mr. Darigo's address at the legal department is 30 North 3rd Street, Suite 150, Harrisburg, PA 17101 and his phone number is 717-237-0231. Please let me know if your client is not willing to send this written request to obtain the necessary information as requested by Judge Ebert, as I will then have to subpoena this information, which as you know will require a 20 day waiting period. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me. Sincerely, KOPE & ASSOCIATES, LLC Hilary Vesell, Esq. c: Valerie Bean file Smart Representation Main: 395 St. Johns Church Road ¦ Suite 101 ¦ Camp Hill, PA 17011 York: 11 East Market Street ¦ Suite 200 A ¦ York, PA 17401 P 717.761.7573 ¦ F 717.761.7572 ¦ kopelaw.com 1 ?^ ?• KOPE & ASSOCIATES, LLC Hilary Vesell, Esq. Attorney I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com VALERIE D. BEANE, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG D. BEANE, NO. 05-5043 Defendant. : CIVIL ACTION- Divorce NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Jeanne Costopoulos, Esquire Respondent, Valerie D. Beane, intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully Submitted KOPE & ASSOCIATES, LLC Date: " I )') Hilary P. Vesel , Esq. CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire do hereby certify that on this ?)i1 day of November, 2011, 1 served a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 via regular U.S. First Class mail, postage prepaid, addressed as follows: Jeanne Costopoulos 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC By: Hilary P. Vesell, Esq. I.D. 30835$ 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Vs. File No. cs- - S C '? J c?ar? J '??crtiv?, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: -So I V (I I (` j ) 1D C ?n ( } ?? ?1 T C } i` L 4?? ?Il. l1 ?? Jl ??^) .! y'JI u I S C. (Name of Person or Entity) G L'Ci fh 15 SLC fi r S i 3 I ?Ck S? 1-U LC Pl ? -11 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ? i l lid-C?"t11C ?11 + t-_ Cw ?`LI i ??Y L ?- Cr i C) S fiQ k` C .,>L.vl1?? L'uli Cinlzl C?- (,LI?k,? at 39 St Tc1ti-) ? 12f? 4I ic''i ca ??-) n i , I 1 r' ? i G i ! (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON. NAME: LI ADDRESS: iHh 1 ?)? 7 G 1 TELEPHONE: - 7 L? - SUPREME S COURT ID # 3C;? ?S-S,- ATTORNEY FOR: \ ?0 Lo l; ) Y the Court: DATE: Sea] of the Court Prothonotary Deputy Proth. - 73 KOPE & ASSOCIATES, LLC Hilary Vesell, Esq. Attorney I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff/Respondent VALERIE D. BEANE, Plaintiff/Respondent, V. CRAIG D. BEANE, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5043 CIVIL ACTION- Divorce CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire, hereby certify that on November 30, 2011, 1 served a copy of the foregoing Motion for Extension of Time to File Brief by first class, United States mail to the following: Jeanne Costopoulos 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 KOPE & ASSOCIATES LLC hI /I IA /k-,OJ Hilary Vese , squire I D # 30835E?J Kope & Associates, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 VALERIE D. BEANE, Plaintiff V CRAIG D. BEANE, Defendant • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-5043 CIVIL TERM IN RE: PETITION TO REVIEW AND TERMINATE ALIMONY Proceedings held before the HONORABLE M. L. Ebert, Jr., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on October 19, 2011, in Courtroom Number 2. APPEARANCES: HILARY P. VESELL, Esquire For the Plaintiff JEANNE COSTOPOULOS, Esquire For the Defendant Cl) NO n Cu rn rq Mi-- ? C-) -n C-1 T> N _ ;> 0 0 INDEX TO WITNESSES WITNESS PAGE 1 - Craig David Beane Direct examination by Ms. Costopoulos 3 Cross-examination by Ms. Vesell 9 2 - Valerie D. Beane Direct examination by Ms. Vesell 14 Cross-examination by Ms. Costopoulos 17 Redirect examination by Ms. Vesell 21,23 Recross-examination by Ms. Costopoulos 22 INDEX TO EXHIBITS FOR THE PETITIONER IDENTIFIED 1 - State Employees Retirement Information 5 2 - Excerpt from Divorce Master's Report 6 3 - List of Petitioner's Monthly Expenses 8 • • 1 Wednesday, October 19, 2011 2 Courtroom Number 2 - 2:35 p.m. 3 THE COURT: Please be seated. This is the 4 matter of Valerie Beane vs Craig Beane on a Petition to 5 Renew and Terminate Order of Alimony filed by the defendant. 6 Are the parties ready to proceed? 7 MS. COSTOPOULOS: Yes. 8 MS. VESELL: Yes. 9 THE COURT: It is your motion. 10 MS. COSTOPOULOS: Yes, it is. I would call 11 Craig Beane to the stand. 12 Whereupon, 13 CRAIG DAVID BEANE 14 having been duly sworn, testified as follows: 15 DIRECT EXAMINATION 16 BY MS. COSTOPOULOS: 17 Q Craig, would you just state your name and 18 your current address for the record, please? 19 A Craig David Beane. 122 North York Road, 20 Dillsburg, Pennsylvania. 21 Q Obviously you are currently divorced from 22 Valerie? 23 A Yes, I am. 24 Q And have you been paying alimony that was 25 court-ordered back in 2007? 3 0 • 1 A Yes, I have. 2 Q How much is that, how much do you pay? 3 A $600.00 a month. 4 Q Have circumstances regarding your employment 5 changed recently? 6 A Yes, they have. I have retired. 7 Q When did you retire? 8 A June 24, 2011, was my last day. 9 Q Had you, had you reached full retirement age 10 and credit for enough time or did you take an early 11 retirement or did you -- 12 A It was a six month early retirement. 13 Q And why did you take the retirement six 14 months early? 15 A My current wife has medical problems, and I 16 decided to stay home and help her with the chores and take 17 care of her. 18 Q How long have you been married to your 19 current wife? 20 A Two years. 21 Q So technically had you not retired early due 22 to your current wife's medical problems you would have 23 retired anyway in December of this year? 24 A January. 25 Q January of this year. I apologize. So 4 0 • 1 January of actually next year, 2012? 2 A Correct. 3 Q Have you received correspondence from the 4 State Employees Retirement System regarding how much you 5 would be receiving? 6 A Yes, I have. 7 (Whereupon, 8 Petitioner's Exhibit No. 1 9 was marked for identification.) 10 BY MS. COSTOPOULOS: it Q I have what has been marked here as 12 Petitioner's Exhibit 1. Is that the correspondence you 13 received from Retirement? Is that correspondence that came 14 from SERS? 15 A Yes, it is. 16 Q According to this document, what is your 17 monthly retirement amount? 18 A Before the deductions? 19 Q After deductions what is your net? 20 A $2,633.57. 21 Q Do you have any income from employment or any 22 other source of income other than this money? 23 A No, I do not. 24 Q The amount you are receiving in retirement, 25 is that what was left over after you -- your retirement 5 • 1 account was actually divided as part of the divorce? 2 A I don't believe it was. I had gotten a 3 letter from Retirement stating that I no longer had to pay 4 the support. 5 Q Are you saying that the support amount, that 6 the $600.00 a month is no longer coming out of your money? 7 A It did the first month. I don't believe it 8 did the second month. 9 Q So this does not have a wage attachment, in 10 other words, on it. Correct? it A I don't believe it does. 12 Q Back when you were before the Divorce Master 13 and your entire marital estate was divided, was your 14 retirement account divided as part of that divorce? To your 15 recollection? 16 A I'm not sure. 17 (Whereupon, 18 Petitioner's Exhibit No. 2 19 was marked for identification.) 20 MS. COSTOPOULOS: I have what has been marked 21 here as Petitioner's Exhibit 2. I would just like to ask 22 that you take judicial notice that that is an excerpt of the 23 recommendations of the Divorce Master. I printed this right 24 off of the Cumberland County website. 25 BY MS. COSTOPOULOS: 6 0 0 1 Q Upon reviewing the portion with the star next 2 to it that is enclosed in a square, do you see that your 3 retirement was divided as part of the divorce? 4 A Okay. 5 Q Do you have any intention to, I guess, get 6 another job, start another career, or do you just plan to 7 live on your retirement? 8 A No, eventually I believe I will work again. 9 Q Do you have any immediate plans to that 10 effect? 11 A Not right now. 12 Q How long were you married to your ex-wife? 13 A Four years. 14 Q So you were married four years before divorce 15 was filed? 16 A Maybe a little over four years. 17 Q But under five? 18 A I believe. 19 Q What kind of income, how much more money were 20 you making when you were working than you are making now 21 with. your retirement? Like what was your pay? Did you have 22 a salary per year or -- 23 A It was an hourly wage. 24 Q What was your hourly wage? 25 A With the deductions for alimony, I was making 7 1 $1900.00. 2 Q Every two weeks? 3 A Yes. 4 Q But that included the support already being 5 taken out. So you made -- 6 A Yeah, with that, that was a net. 7 Q So would it be safe to say on average, if you 8 weren't payi ng the support, it would have been about 4400 a 9 month, excep t some months you got an extra paycheck? 10 A Yes. 11 Q Even though you are making less money than 12 you were bef ore, are your expenses relatively the same? 13 A They have gone up. 14 (Whereupon, 15 Petitioner's Exhibit No. 3 16 was marked for identification.) 17 BY MS. COSTO POULOS: 18 Q I have here what has been marked as 19 Petitioner's Exhibit 3. Did you or your wife with you 20 prepare that document? 21 A Yes. 22 Q Have you reviewed the numbers on it? 23 A Yes. 24 Q Do they represent your estimates of what your 25 monthly expenses are for each of the items listed there? 8 9 0 1 A Yes, they do. 2 Q On this it says your total monthly expenses 3 are approximately $3,093.69, which admittedly includes 4 $272.00 for lawyers? 5 A Yes. 6 Q Which brings a $460.12 shortfall with the new 7 reduced income from retirement. Correct? 8 A Correct. 9 Q If you are required to continue paying the 10 600 a month, it would bring your income down to 11 approximately $2000.00 a month and would be even 12 significantly worse off than is on this sheet? 13 A Yes, it is. 14 MS. COSTOPOULOS: I don't have anything else. 15 THE COURT: Cross-examine. 16 CROSS-EXAMINATION 17 BY MS. VESELL: 18 Q You spend $242.00 a month on cigarettes, 25 19 cents. Is that correct? 20 A That is correct. 21 Q This is a sheet of, what, your necessities? 22 A Pardon? 23 Q Is this a sheet of your necessities, monthly 24 necessities? 25 A I can't hear her. 9 1 Q I'm sorry. Is this a sheet of your monthly, 2 listing your monthly necessities. Is that correct? 3 A Yes. 4 Q Now, what was your last position? 5 A I can't hear you. 6 Q What was your last job, your last position? 7 A Foreman for maintenance for crews over at the 8 Capitol. 9 Q And, to clarify, you did take an early 10 retirement? 11 A Six months early. 12 Q How old are you now? 13 A How old am I now? 57. 14 Q Do you have any medical reasons that you 15 can't work? 16 A No. 17 Q Now, you said -- 18 A Just that I worked almost 35 years and I 19 thought time for a break. 20 Q I understand. You said though in the future 21 you may work again. Correct? 22 A Yeah, I may. 23 Q What would you consider doing in the future? 24 A I have no plans. 25 Q What are your, your skills? Like what is 10 1 your skill set? 2 A Working with paint. 3 Q Okay. Do you have any other income in your 4 household besid es this, your retirement? 5 A No, I do not. 6 Q Now, you said you want to retire to take care 7 of your current wife? 8 A Yes. 9 Q Is she receiving income? 10 A No. 11 Q Nothing? 12 A Nothing. 13 Q No disability? 14 A No. 15 Q Is there a certain age at which the state 16 forces you to retire? 17 A Pardon? is Q If you continued working would there be a 19 certain age at which time you would be forced to retire? 20 A I don't believe so. 21 MS. VESELL: No further questions. 22 THE COURT: What type of medical problems 23 does your current wife have? 24 THE WITNESS: Degenerative joint disease, 25 fibromyalgia. Just found out she has problems with the 11 • 0 1 thyroid. She is under medication for all of them. She had 2 knee surgery, I'd say six months ago, probably a little bit 3 more. 4 THE COURT: Replacement or just -- 5 THE WITNESS: They scraped. I don't know 6 what they call it. It was both knees though. 7 THE COURT: Now, looking at Petitioner's 8 Exhibit 3 and comparing it to Petitioner's Exhibit 1 -- Ms. 9 Costopoulos, you might answer this -- wouldn't you agree 10 that you have on here, like the health deduction, $128.00, 11 and the federal withholding, $287.00, they have already been 12 deducted from his gross? 13 THE WITNESS: Correct. 14 THE COURT: So those two shouldn't be in 15 there. Because you are listing a monthly credit as the 16 bottom figure and already have those subtracted. Do you see 17 that? 18 MS. COSTOPOULOS: Well, I think the, the 19 amount of the expenses, if they are, if they are all added 20 up, I don't know if you added them up with a calculator or 21 not to see what the number was at bottom, but the only 22 reason it said credit on there was to obtain a different -- 23 the total was actually the $3,093.69, and then they put a 24 credit of 2633.57, because that is his monthly net. So that 25 they were applying the money -- 12 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: You subtracted 128 and 287 from that. MS. COSTOPOULOS: Oh, okay. I see what you mean. That is listed in the -- THE COURT: Yeah, the expenses. They were already taken out. So those two shouldn't count. MS. COSTOPOULOS: Correct. THE COURT: Now, I do not understand, looking at P-2 -- I am not sure your client can answer this or you -- are you indicating she is getting an out of state pension? MS. COSTOPOULOS: I am indicating that she is definitely completely eligible to be receiving her 40 percent of the marital portion from the QUADRO, yes. The retirement was divided as part of the divorce. She got her share. THE COURT: This says 60 percent. MS. COSTOPOULOS: Right. That is what I meant. What he has is the 40 percent. THE COURT: Do you know, is she getting it? Normally that wouldn't come until he retires. MS. COSTOPOULOS: Correct. THE COURT: Now she is eligible to get 60 percent. She should be getting a check from the state. MS. COSTOPOULOS: Correct. So technically 13 R 1 she should be getting more than him from the marital 2 portion. 3 THE COURT: We will hear about that. Any 4 other questions, anyone? 5 MS. VESELL: No, Your Honor. 6 THE COURT: Sir, you can step down. Anything 7 else? 8 MS. COSTOPOULOS: Not other than just my 9 comments. 10 THE COURT: Okay. 11 MS. VESELL: I call Valerie Beane. 12 Whereupon, 13 VALERIE D. BEANE 14 having been duly sworn, testified as follows: 15 DIRECT EXAMINATION 16 BY MS. VESELL: 17 Q Ms. Beane, how long were you married to Mr. 18 Beane? 19 A Five years. 20 Q And you are currently receiving support or 21 alimony from him? 22 A No. That was shut off in July. 23 Q Do you know why that was stopped? 24 A No idea. 25 Q What was the last amount you received. 14 0 0 1 A $279.85. 2 Q So you haven't been receiving alimony. Why 3 do you need the alimony? Why do you need this money? 4 A To live. 5 Q Do you have any other income? 6 A Medicare. I get 442 a month. 7 Q Do you have any medical problems currently? 8 A Yes. 9 Q What are those medical problems? 10 A Permanent damage to my nerves, which is 11 neuropathy. I had two major surgeries, one umbilical for 12 ruptures. A lot of depression, stress. 13 Q Do you believe that your marriage basically 14 contributed to your bad health in any way? 15 MS. COSTOPOULOS: I object to the relevance 16 of that. 17 THE WITNESS: It sure did. 18 THE COURT: Overruled. You can answer that. 19 BY MS. VESELL: 20 Q How do you believe your marriage contributed 21 to you developing depression, anxiety, or any of these 22 pains? 23 A Due to my alcoholism, Mr. Beane was an 24 enabler to me. The alcohol was always in the home. He 25 never had a problem taking me out to bars. 15 • • 1 Q Now, you are since a recovering alcoholic? 2 A Yes, I am. 3 Q It was immediately after the marriage and you 4 stopped drin king that you were diagnosed with these 5 conditions? 6 A Yes. 7 Q Did Mr. Beane try to protect your health 8 during the m arriage? 9 A I don't feel that he did at all. 10 Q Why do you say that? 11 A Not enabling to have alcohol around. Being 12 the abuser that he was. 13 Q How was he abusive to you? 14 A Physically, mentally and verbally. 15 Q Can you give any -- all right. Well, let's 16 see, if you don't have this income and you really don't have 17 any income coming in, how will you survive? 18 A Good question. 19 Q Do you believe your doctors would verify that 20 you are not able to work? 21 A Yes. 22 Q You are currently seeing a neurologist? 23 A Yes. 24 Q What other doctors are you currently seeing? 25 A Just that one so far. 16 • • 1 Q Just the neurologist? 2 A Yes. 3 Q Where are you seeing the neurologist? 4 A Pardon me? 5 Q Where is the neurologist? 6 A Popular Church Road in Camp Hill. 7 Q So basically the pain you are experiencing, 8 your neurolog ical problems, are prohibiting you from 9 currently see king gainful or permanent employment? 10 A Pretty much, yes. 11 MS. VESELL: No further questions. 12 THE COURT: Cross-examine. 13 CROSS-EXAMINATION 14 BY MS. COSTOPOULOS: 15 Q How often do you see your neurologist? 16 A Every six months. Or if I have a problem. 17 Q Every six months when you go in what happens 18 in there? 19 A Right now we are changing medications because 20 I cannot afford the Lyrica. So she is trying to give me 21 something in a generic form. 22 Q The effect of the medication is supposed to 23 be what? 24 A Pardon me? 25 Q What are the medications supposed to do? 17 0 1 Like what benefit are they? 2 A Ease the pain that I deal with every day that 3 is chronic. 4 Q 5 A 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q part-time work? And where is the pain? Throughout my whole body. Have you attempted to do any kind of A I do a little housecleaning. But I can do that on my own time, take breaks if I have to. Q What does that entail? A I don't understand. Q When you clean a house, do you vacuum, do you dust? A Vacuum, yes. Dust light things. Q How often do you do that? A Not too often. Maybe two times a month. I help my niece, which I then have to pay. Q What do you do with your time throughout the day when you are not working? A Well, I have a mentally ill son that I am trying to care for very much these days. So he does take up a lot of my time. Q How old is he? A 33. Q Does he live with you? 18 • 1 A No, he does not. 2 Q So in what ways are you taking care of him? 3 A Right now, letting him see the ruins that I 4 am going through as far as the alcoholism. Just being there 5 for him. He is schizophrenic so mom has to be there 6 whenever she can be. 7 Q Does he live on his own or with other people? 8 A No, he lives on his own. 9 Q You were listing that as your list of things 10 that you do during the day. What else? 11 A I do, I do my daily chores, what I have to do 12 in my own home . 13 Q Do you have any hobbies or interests that you 14 follow? 15 A Hobbies, I am into crafts. I like to take 16 walks. I walk my neighbor's dog every now and then. I ride 17 my bike. 18 Q At the time of your Divorce Master's hearing, 19 at the time I believe there were volumes of medical records 20 regarding your condition that were entered at that time. 21 Were you able to do the things you just listed, ride your 22 bike, take the dog on walks, daily chores, crafts? 23 A Oh, as far as riding my bike, I wouldn't say. 24 Well, yeah, I was still able to take walks. 25 Q So you did all of those same things right 19 1 after you had your bout in the hospital where you almost 2 died from liver damage? 3 A There was a lot that I couldn't do for many, 4 many months after that because I suffered from ascites. And 5 every other day I had to go in and have a paracentesis done 6 to be drained and tried to get my stomach back to normal. 7 That went on for seven straight months. 8 Q Isn't it true that that was your condition at 9 the time when we went before the Divorce Master, that is 10 what you were still dealing with? 11 A No. 12 Q So when was that? 13 A I am six years clean. That happened to me 14 seven years ago. 15 Q You indicated that the enabling of my client 16 contributed to you, to your alcoholism. Did you become an 17 alcoholic after you got married or before? 18 A I would say, to be honest with you now, I 19 have always been an alcoholic. 20 Q So when did you first start drinking? 21 A Maybe at the age of 15, 16 is whenever I had 22 my first beer. 23 Q How old were you when you married my client? 24 A 41 maybe. No. We got married in 2000. I 25 was 39. 20 • 0 1 Q Do you smoke or did you smoke then? 2 A Yes. 3 Q Still smoke? 4 A Yes. 5 MS. COSTOPOULOS: I don't have anything else. 6 THE COURT: Redirect? 7 MS. VESELL: Yes, Your Honor. 8 REDIRECT EXAMINATION 9 BY MS. VESELL: 10 Q You achieved sobriety basically at the end of 11 your marriage or close to the end of your marriage? 12 A Oh, yeah. 13 Q That also coincides with the time period when 14 you were diagnosed with these neurological and pain 15 conditions at the end of your marriage? 16 A Yes. 17 Q Now, has your neurologist told you if these 18 conditions are going to get better? 19 MS. COSTOPOULOS: I object to what the 20 neurologist told her. 21 THE COURT: Sustained. 22 BY MS. VESELL: 23 Q As far as you know, are these conditions 24 going to get better, get worse, stay the same? 25 MS. COSTOPOULOS: I object if this knowledge 21 • 1 came from somebody else that is not here. 2 THE COURT: I will let her put her feeling 3 about whether she is going to get better. 4 THE WITNESS: My feeling? 5 BY MS. VESELL: 6 Q Yeah. 7 A My conditions are not getting any better and 8 they won't. My conditions are not getting any better and 9 they won't. 10 Q Okay. When you are taking medication, do you 11 still feel pain? 12 A Sure, I do. That medication does nothing but 13 ease my pain. 14 Q No further questions. Oh, I'm sorry, I do 15 have a further question. Could you work full-time? 16 A No. 17 MS. VESELL: No further questions. 18 THE COURT: Anything else, Ms. Costopoulos? 19 MS. COSTOPOULOS: Just one follow-up. 20 RECROSS-EXAMINATION 21 BY MS. COSTOPOULOS: 22 Q Have you ever checked into how much you could 23 earn working part-time and still have no decrease in the 24 amount of disability you receive? 25 A Repeat that, please? 22 • • 1 Q Have you ever looked into how much money you 2 could earn part-time before it would affect the amount you 3 receive in disability checks? 4 A No. 5 MS. COSTOPOULOS: I don't have anything else. 6 MS. VESELL: Can I ask one more question? 7 THE COURT: Yes. 8 REDIRECT EXAMINATION 9 BY MS. VESELL: 10 Q Could you work 20 hours a week with your 11 conditions? 12 A I don't think so, no. 13 THE COURT: You can step down. Is anybody 14 going to look into this business about the retirement? 15 MS. VESELL: I know my client is not getting 16 any money now. She is telling me she hasn't gotten anything 17 since July. So I don't know if she would be able to or it 18 would probably be Mr. Beane that would have to look into 19 that I would imagine. 20 MS. COSTOPOULOS: There is a Qualified 21 Domestic Relations Order, it wouldn't be him that would do 22 it. It would already be in the retirement. She needs to 23 contact them. 24 THE COURT: It is my understanding that those 25 get filed with the agency where he works, and when it comes 23 • • 1 time to pay retirement, she is supposed to get 60 percent of 2 the total amount. 3 MS. COSTOPOULOS: Correct. Of the total 4 marital portion, which being they were only married for five 5 years, the marital portion was not that significant. 6 THE COURT: Who would determine that? 7 MS. COSTOPOULOS: It would have been, it 8 would have been the actuary or somebody who would have been 9 hired, or this would have just been served on the 10 retirement. They would have figured it out. 11 I didn't represent Mr. Beane back then so I 12 am just not sure exactly what occurred cause I was not his 13 attorney. We could probably see if the QUADRO is on file 14 within the court record, which I didn't look through because 15 it's literally hundreds and hundreds of pages because of the 16 plaintiff's medical records were actually introduced and 17 filed in the court file. 18 THE COURT: One answer, have you recently 19 made a complaint to the Domestic Relations Office about the 20 defendant? 21 THE PLAINTIFF: Yes, sir, I did. 22 THE COURT: Well, I have here an Order signed 23 by Judge Oler on August 13th to the Pennsylvania State 24 Retirement System to pay. So undoubtedly it is going to 25 start. 24 0 0 1 MS. COSTOPOULOS: Right. And even if we 2 would win as of, it wouldn't be that until the date we filed 3 for anyway. So she would still be entitled to this 600 a 4 month up until the date we filed anyway. Or whatever you 5 decide to do with that. I don't want to know if you hear 6 arguments on that or briefs on that. 7 THE COURT: First of all, I am going to 8 generally continue this. I want to know what the story of 9 the QUADRO is and how much. I really believe that's your 10 responsibility. If she is entitled to something, somebody 11 ought to find out. 12 MS. VESELL: Okay. 13 THE COURT: Now, we don't have to reconvene 14 the hearing if you can supply me and Ms. Costopoulos with 15 what the story is. Of course, that still begs the question 16 of that was part of the divorce, everybody knew that that 17 was going to come out anyway. That doesn't really have an 18 effect. But, for my edification, I just want to know what 19 we are talking about. Then let's have some briefs on this. 20 I am going to enter this Order: 21 AND NOW, this 19th day of October, 2011, 22 after hearing in the above-captioned matter, IT IS HEREBY 23 ORDERED AND DIRECTED that the plaintiff shall file with the 24 Court documentation regarding any retirement she will be 25 paid pursuant to the Qualified Domestic Relations Order 25 0 • 1 which apparently was previously filed in this case and 2 documented at Petitioner's Exhibit Number 2. 3 IT IS FURTHER ORDERED AND DIRECTED that the 4 parties shall file briefs in this matter -- how you long 5 would you like? 6 MS. COSTOPOULOS: I wouldn't mind having a 7 transcript first. 8 THE COURT: Can you do that, Marie? 9 COURT REPORTER: Yes, sir. 10 THE COURT: IT IS FURTHER ORDERED AND 11 DIRECTED that the transcript of the testimony will be 12 provided at the request of the parties and that the parties 13 shall file briefs within 30 days of the filing of the 14 transcript. 15 By the Court, 16 /s/ M. L. Ebert, Jr., J. 17 THE COURT: All right? 18 MS. COSTOPOULOS: Great. 19 THE COURT: Anything further? 20 MS. COSTOPOULOS: No, Your Honor. 21 MS. VESELL: No, Your Honor. 22 THE COURT: Stand in recess. 23 (Whereupon, the proceeding concluded at 3:10 p.m.) 24 25 26 9 0 1 2 3 4 CERTIFICATION 5 I hereby certify that the proceedings are 6 contained fully and accurately in the notes taken by me on 7 the above cause, and that this is a correct transcript of 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 same. ar- T. Farley, Official Court Repo r The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. I{ I4f i1 Date M. L. Ebert, Jr., Ninth Judicial Dist ict 27 ti COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Valerie D. Beane Plaintiff VS. Craig D Beane Defendant CIVIL ACTION - LAW IN DIVORCE NO. 05-5043 CIVIL TERM STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this lql? day of h kr t , , 7.61 ? ; the parties, Valerie D, Beane, Plaintiff, and Craig D. Beane, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Craig D. Beane (hereinafter referred to as "Member"), is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code") 3. Member's date of birth and Social Security number are contained in the attached Addendum. 4. The Plaintiff, Valerie D. Beane (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. Alternate Payee's date of birth and Social Security number are contained in the attached Addendum. c 5. Member's last known mailing address is: ?M ?. z= - :?v o -0 rr" ? York Road 122 N > :c -r . Dillsburg, PA 17019 < v a C) C) `D C-) 6. Alternate Payee's current mailing address is: 913 Old Silver Springs Road Mechanicsburg, PA 17055 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee is entitled to a portion of the Member's benefits under SERS as set forth below. SERS is hereby directed to pay Alternate Payee's share directly to Alternate Payee. The Member is currently receiving a monthly annuity for his lifetime pursuant to the terms of Option 2 with Member's current spouse, DeLaine Moodie, as the designated survivor annuitant. Member and Alternate Payee hereby agree that Member shall not change his option selection or survivor annuitant. The Alternate Payee shall receive 8.384% of the gross monthly annuity payable to the Member and 8.384% of any survivor annuity payable to the designated survivor annuitant. The Member shall receive any remaining annuity benefit in excess of the amount assigned. to the Alternate Payee pursuant to this Paragraph 8. 9. The Alternate Payee shall receive 8.384% of any scheduled or ad hoc cost-of-living increase that is applied to Member's gross monthly annuity. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible on or about the date SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement. 11. Payments shall continue to Alternate Payee for the remainder of the Member's lifetime. 12. If the Member dies before the Alternate Payee, the Alternate Payee shall be provided 8.384% of any survivor annuity payable by SERS to DeLaine Moodie. Member reaffirms his selection of DeLaine Moodie as his survivor annuitant. Payments to the Alternate Payee shall cease on the later of the death of the Member and the survivor annuitant. 13. If the Alternate Payee dies before the Member or the survivor annuitant, the Alternate Payee's share of the Member's pension or the survivor annuity shall revert to the Member or the designated survivor annuitant. 14. Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 15. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 16. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefits not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 17. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 18. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 19. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 20. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Plaintif Alternate Payee f? " /VW 0 Attorney for P ntiff/Alternate Payee 44ilaryVeseli, Eb?- Jeanne a -(As+0PWI L , BY THE COURT Defendanmber Attorney for Defendant/Member nIJa?d ?? o1,a a9b KOPE & ASSOCIATES, LLC Hilary Vesell, Esq. Attorney I.D. 308358 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff/Respondent VALERIE D. BEANE, Plaintiff/Respondent, V. CRAIG D. BEANE, Defendant/Petitioner. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5043 : CIVIL ACTION- Divorce CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire do hereby certify that on this 6th day of March, 2012, 1 served a true and correct copy of Stipulation for the Entry of Domestic Relations Order via first class mail to: Jeanne B. Costopoulos 130 Gettysburg Pike Suite C Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC &xJ] Hilary Vesell, q. VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG D. BEANE, Defendant CIVIL ACTION - LAW NO. 05-5043 CIVIL TERM IN RE: DEFENDANT'S PETITION TO REVIEW AND TERMINATE AWARD OF ALIMONY ORDER OF COURT AND NOW, this 13`h day of June, 2012, upon consideration of Defendant, Craig D. Beane's Petition to Review and Terminate Award of Alimony, the Plaintiff's Answer thereto, and after hearing and consideration of the briefs filed by the Parties, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition is GRANTED. Defendant's payment of alimony is TERMINATED effective July 1, 2011. M. L. hbert, Jr., ? Hilary P. Vesell, Esquire Attorney for Plaintiff ? Jeanne Costopoulos, Esquire Attorney for Defendant 7 ?G By the Court, i VALERIE D. BEANE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CRAIG D. BEANE, Defendant NO. 05-5043 CIVIL TERM IN RE: DEFENDANT'S PETITION TO REVIEW AND TERMINATE AWARD OF ALIMONY OPINION AND ORDER OF COURT Ebert, J., June 13, 2012 - Background Valerie D. Beane ("Plaintiff') and Craig D. Beane ("Defendant") were married on February 4, 2000. The marriage was the third for both parties. The parties have been separated at least since February of 2005 when Plaintiff moved out of the marital residence. Plaintiff filed a complaint for divorce on September 26, 2005. A Decree in Divorce was issued on February 28, 2008. Hearings were held on December 18, 2006, August 17, 2007, and September 14, 2007 before Divorce Master E. Robert Elicker. Mr. Elicker filed his report on October 9, 2007. On October 17, 2007, Defendant filed Exceptions to the Master's Report. On December 19, 2007, this Court denied the Exceptions and entered an Order confirming alimony as determined in the Master's Report. On February 28, 2008, this Court issued an order accepting the Recommendation of the Master as the Final Order of Court, requiring Defendant to pay Plaintiff $600 per month alimony for an indefinite duration. On October 6, 2008, Defendant filed a Petition to Review and Terminate Award of Alimony. On June 11, 2009, an Order was entered denying the Petition to Review and Terminate Award of Alimony. 1 On June 8, 2011, Defendant filed a Petition to Review and Terminate Award of Alimony. In addition to other reasons for termination of alimony averred by the Defendant, the Defendant stated that he was retiring from his employment with the Commonwealth of Pennsylvania on June 24, 2011. On October 19, 2011, a hearing was held on the new Petition to Review and Terminate Alimony. On March 19, 2012, a Stipulation for the Entry of "Domestic Relations Order" was filed to provide Plaintiff with her portion of Defendant's Pennsylvania State Employee pension. Discussion "[T]he Divorce Code expressly provides that any alimony order may be modified, suspended, terminated, reinstated or a new order made upon changed circumstances." McFadden v. McFadden, 563 A.2d 180, 183 (Pa. Super. 1989) (internal quotations omitted). An obligor may seek a modification of an existing alimony order when the changed economic circumstances are continuous and substantial. Id. at 182. "Pennsylvania case law clearly establishes that retirement can serve as the basis for the changed circumstances of a substantial and continuing nature necessary to modify an alimony award." Id. at 183 (noting that voluntary retirement qualifies as a substantial change). In considering a modification of an alimony award "the court must consider all relevant, including those statutorily prescribed for at 23 Pa.C.S.A. § 3701, Alimony, (b) Relevant Factors (1)-(17)." Isralskv v. Isralskv, 824 A.2d 1178, 1188 (Pa. Super. 2003). The factors enumerated in section 3701 used in determining the "nature, amount, duration and manner of payment of alimony" are as follows: (1) The relative earning and earning capacities of the parties. (2) The ages and the physical, mental and emotional conditions of the parties. 2 (3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits. (4) The expectations and inheritances of the parties. (5) The duration of the marriage. (6) The contribution by one party to the education, training or increased earning power of the other party. (7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child. (8) The standard of living of the parties established during the marriage. (9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment. (10) The relative assets and liabilities of the parties. (11) The property brought to the marriage by either party. (12) The contribution of a spouse as homemaker. (13) The relative needs of the parties. (14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions). (15) The Federal, State and local tax ramifications of the alimony award. (16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs. (17) Whether the party seeking alimony is incapable of self-support through appropriate employment. 23 Pa.C.S.A. § 3701(b)(1)-(17). 3 After a review of the record, this Court grants Defendant's request to terminate alimony. Defendant's voluntary good faith retirement is a change in his economic situation that is both continuous and substantial. See McFadden, 563 A.2d at 183. Defendant's changed circumstances allow him the opportunity to demonstrate why the existing alimony order should be modified or terminated. See id. at 184. An analysis of all factors in light of the record has led this Court to conclude that Defendant's obligation to provide alimony to Plaintiff should be terminated. In the case sub judice, the determinative factors weigh in favor of terminating the existing alimony order. Although only a few changes have occurred since the previous denial of Defendant's request to terminate alimony, those changes are significant enough to warrant a termination of Defendant's alimony obligation. Since October 2008, Defendant's expenses have increased while his income has decreased. Since June 24, 2011, Defendant's income has decreased from approximately $4,400 a month in wages to $3,049.52 in gross monthly annuity payments from retirement.' The gross monthly annuity payments are then reduced pursuant to a March 19, 2012, Domestic Relations Order by 8.384% leaving Defendant with a new gross monthly annuity payment of $2,793.85.2 The new gross monthly annuity payment is then further reduced by health insurance and federal taxes leaving Defendant with a net monthly annuity payment of $2,377.90.3 Defendant's monthly expenses are $2,415.81.4 Defendant does not have any other source of income.5 Defendant has been remarried for the past two years and now spends his time taking care of his wife and their household. The wife has developed a ' Notes of Testimony, 5, 8 [hereinafter N.T. _]; Defendant's Exhibit 1 [hereinafter Pet.'s Ex. z Stipulation for the Entry of "Domestic Relations Order", filed Mar. 20, 2012. 3 Pet.'s Ex. 1. 4 N.T. 8; Pet.'s Ex. 3. Monthly expenses minus attorney fees, health care, and federal taxes. 5 N.T. 5. 4 degenerative joint disease, fibromyalgia and thyroid problems. She further underwent knee surgery in April of 2011.6 Additionally, Plaintiff's overall condition has improved since the previous petition to terminate alimony. Plaintiff is now able to enjoy leisurely activities such as crafts, going on walks, and bike riding which were previously limited due to medical issues.7 Also, Plaintiff is working two times per month cleaning.8 Plaintiff maintains that much of her time is spent caring for her 33 year old "mentally ill" son. There was no medical evidence provided to establish the son's mental illness. The Court does note however that he does not live with the Plaintiff and lives by himself. When asked "in what ways are you taking care of him?" she stated "right now, letting him see the ruins that I am going through as far as the alcoholism. Just being there for him."9 This Court finds this claim unpersuasive. Furthermore, the record does not indicate that 1) Plaintiff contributed overly significantly to the marital estate, 2) made extraordinary contributions as the homemaking spouse, or 3) was a factor in increasing Defendant's earning capacity during marriage. Regarding the length of marriage, while Defendant and Plaintiff were married from 2000 to 2008, they separated after approximately 5 years.10 Defendant has been paying alimony to Plaintiff since 2007. Thus, Defendant has now been paying Plaintiff alimony for the same amount of time they were actually together. Although this Court is sympathetic to Plaintiff's medical conditions, it is clear that she began drinking alcohol at age 15 or 16 and was an alcoholic before she married the Defendant." 6 N.T. 4, 11. N.T. 19-20. a N.T. 18. 9 N.T. 19. 10 N.T. 4, 7, 14. " N.T. 18-19. 5 This Court simply does not accept Plaintiffs claim that her medical problems are all attributable to her marriage. The Plaintiff only sees her neurologist two times a year and states that even though she is "now clean" from alcohol abuse, she cannot work other than the two days each month when she does some cleaning. Given the length of time that Defendant and Plaintiff actually lived together in comparison to the amount of time Defendant has been paying alimony, it would be inequitable to require the Defendant to continue to pay alimony with a reduced income. See Teodorski v. Teodorski, 857 A.2d 194, 201 (Pa. Super. 2004) (citing DeMarco v. DeMarco, 787 A.2d 1072, 1081 (Pa. Super. 2001)). Plaintiff will continue to receive her entitled portion of Defendant's benefits under the State Employees Retirement System as set forth in the March 19, 2012, Domestic Relations Order. Therefore, after a review of the record in consideration of section 3701(b) factors, this Court finds that Defendant's alimony obligation is terminated. Accordingly, the following Order is entered: AND NOW, this 13`h day of June, 2012, upon consideration of Defendant, Craig D. Beane's Petition to Review and Terminate Award of Alimony, the Plaintiffs Answer thereto, and after hearing and consideration of the briefs filed by the Parties, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition is GRANTED. Defendant's payment of alimony is TERMINATED effective July 1, 2011. By the Court, - ?k -),, ?XA V M. L. Ebert, Jr., J. Hilary P. Vesell, Esquire Attorney for Plaintiff 6 Jeanne Costopoulos, Esquire Attorney for Defendant INCOME WITHHOLDING FOR SUPPORT `) L 1 D 7 O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) O AMENDED IWO ?} - 5 O C I V I O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT O TERMINATION OF IWO Date: 07/11/12 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Ch ck One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender see IWO instructions httD:ac?.,H d6v/oroarams/cse/newhire/employer/publication/publication htm forms). If you receive this doc ment from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. Statefrribe/Territory Commonwealth of Pennsylvania City/County/Dist./Tribe CUMBERLAND Private Individual/Entity PA STATE RETIREMENT SYSTEM C/O ST EMPL RETIREMENT SYS 30 N 3RD ST STE 150 HARRISBURG PA 17101-1726 RE: BEANE, CRAIG D. Employee/Obligor's Name (Last, First, Middle) 179-38-2205 Employee/Obligor's Social Secu ity Number (See Addendum for plaintiff n es associated with cases on atta hment) Custodial Party/Obligee's Name Last, First Middle) Employer/Income Withholder's FEIN Remittance Identifier (include w/payment): 69 5100868 Order Identifier: (See Addendum for order/docket lnformalton) CSE Agency Case Identifier: (See Addendum for case summary) Child(ren)'s Name(s) (Last, First, Middle) Child(ren)'s Birth Date(s) NOTE: This IWO must be regular o n its face. Under certain circumstances you n ust reject this IWO and return it to the sende (see IWO instructions h f r r m n hir / I' i n r . If you receive this document from so eone other than a State or Tribal CSE agency r a Court, a copy of the undlerlying order must I e attached. 1064100097 See Addendum for dependent names and birth dates associated with cases on ORDER INFORMATION: This document is based on the support or withholding order from -QUMBERLANE Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the e obligor's income until further notice. $ 0.00 per month in current child support $ 0.00 per month in past-due child support - Arrears 12 weeks or greater? Q yew Clio $ 0.00 per month in current cash medical support -3 +--)? $ 0.00 per month in past-due cash medical support ZM $ 0.00 per month in current spousal support r" $ 0.00 per month in past-due spousal support D -C Z N $ 0.00 per month in other (must specify) r-a for a Total Amount to Withhold of $ 0.00 per month. =? AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with telBrdednfi If your pay cycle does not match the ordered payment cycle, withhold one of the following amount:-< `A $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twi( $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Comm of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 1 working days after the date of this Order/Notice. Send payment within v n 7 working days of the pay da you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirem and any allowable employer fees at http://www.acf.hhs gov/programs/cse/newhire/employer/-Qontacts/contact htm for the employee/obligor's principal place of employment. Document Tracking Identifier Service Type M OMB No.: 0970-0154 _n -n month) If of Form EN-028 06/ 2 Worker ID $OINC ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): - Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic Ra.vment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obllgor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http:/Jww'r ??f hhs aov/oroaramslcse/ne??- iretem yer/cc??? actsfcontact man htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the apprroriat to De custodial Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple 00s: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor ail IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-028 06112 Service Type M Page 2 of 3 Worker ID $OINC Employer's Name: PA STATE RETIREMENT SYSTEM Employer FEIN: Employee/Obligor's Name: BEANE CRAIG D. CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: Addendum for order /docket 691 rmatio, Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer redit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal pla of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory de uctions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal I mit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not s pportin another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. If permi d by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit ndicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal em loyers/incon withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdic ion in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S. . 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for yo no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the se der by returning this form to or you a the address listed in the Contact Information below: 10 4100097 O This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: New Employer's Name: New Employer's Address: CONTACT INFORMATION: Final Payment Amount: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at: www.childsupportstate. oa us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. H? P.O. BOX 320, CARLISLE PA 17013 (Issuer address). To Em 1ooyeWDbligor• If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717) 240-6248, by email or website at www.childcupoort state oa us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.: 0970-0154 Form EN-028 06/ Service Type M Page 3 of 3 Worker ID $OINC ADDENDUM Summary. of Cases on Attachment Defendant/Obligor: BEANE, CRAIG D. PACSES ase Number 836107708 Plaintiff Name VALERIE D. BEANE Docket Attachment Amount 05-5043 CIVIL $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB PACSEa Case Number Plaintiff Name pocket AMghment Amount $ 0.00 Child(ren)'s Name(s): Docket A,aMMOIAMQSUttt $ 0.00 DOB Child(ren)'s Name(s): DOB PACSES rase Number Plaintiff Name pocket AaaQWment Amount $ 0.00 Child(ren)'s Name(s): Docket A achment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 Form EN-028 06/12 Worker ID $OINC In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VALERIE D. BEANE vs. CRAIG D. BEANE Docket Number: 05-5043 CIVIL Plaintiff ) PACSES Case Number: 836107708 Defendant ) Other State ID Number: Order AND NOW to wit, this JULY 11, 2012 it is hereby Ordered that: The Cumberland County Domestic Relations Section dismiss their interest in the alimony matter pursuant to this Court's order of June 13, 2012 terminating the alimony effective July 1, 2011. The alimony account is closed with a credit balance of $5,303.58. BY THE COURT: 1k -L 3 rn m C- M a OJUD Service Type M Form OE-520 Worker ID 21; t:, 1