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Home My WebLink About05-4869Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MAUREEN M. CUFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. REX A. CUFF, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MAUREEN M. CUFF, Plaintiff V. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0-5 9 S6 i Ctcr j 1? CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Maureen M. Cuff, an adult individual residing at 1201 Gunstock Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Rex A. Cuff, an adult individual residing at 9 Overbrook Road, York, York County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on April 11, 1994 in Montego Bay, Jamaica. 5. There are two (2) minor children born of this marriage: Alexandra C. Cuff, born November 26, 1996 and Ryan P. Cuff, born June 3, 1998. 6. The parties separated on June 1, 2005. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9 inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with 3301 of the Pennsylvania Divorce Code. FAULT INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are 2 incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiff s Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. 3 COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Maureen M. Cuff, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; 4 B. Equitably distributing the marital property; C. Awarding Plaintiff support, alimony and alimony pendente liter D. Awarding Plaintiff counsel fees, costs and expenses; and E. Awarding other relief as the Court deems just a r asonable. Dated: September 16, 2005 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MAUREEN M. CUFF, Plaintiff V. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. e_5-- qfj CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: MAUR N M. CUFF Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MAUREEN M. CUFF, Plaintiff V. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, MAUREEN M. CUFF, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ??l C MAUR EN M. CUFF T*j C l v c o C Pl?-' cj"s T Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MAUREEN M. CUFF, Plaintiff V. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 4869 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, John J. Connelly, Jr., Esquire, hereby accepts service and acknowledges receipt of the above- captioned Divorce Complaint on behalf of my client, Rex A. Cuff, having received said Complaint on the a day of 555 2005. I hereby indicate I am authorized by my client to accept service on his behalf. Hnmmels?te?n, PA 1703.6 (717) 533-3280 Supreme Court ID No. r? C tt C?, u?* ? ? ) Tt1T r ,. c -za ? C'?i sT? ," ; " .- ?. C: ca ., ?? ? 11 MAUREEN M. CUFF, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. (ff-Zf (9 REX A. CUFF, ) Defendant ) T?\TDIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance for Maureen M. Cuff in tT)e above matter. Date:_(_::Yj " TO THE PROTHONOTARY: Barbara Sumple Sullivan Attorney at Law Supreme Court ID # 32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Please enter my appearance in the above matter for Maureen M. Cuff. Date: 4? 11r_ Samuel L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12" Street Lemoyne, Pa 17043 (717) 761-5361 MAUREEN M. CUFF, Plaintiff vs. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C'!3_ _ 1-il r<3 1.p IN DIVORCE MOTION TO COMPEL AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to compel the Defendant to answer the discovery requests Plaintiff previously made, all based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. On or about 12 October 2006 Plaintiff, by her attorney, served upon the Defendant, by his attorney, a Request for Production of Documents and Things and a set of Interrogatories, both of which were designed to obtain information about the assets and finances of the parties which the Plaintiff required to properly negotiate or litigate a conclusion of this case. Copies of the Request for Production and Interrogatories are attached hereto and marked as Exhibit A and B. 3. To date, Defendant has not filed any objections or made any protests to Plaintiff's Request for Production or Interrogatories. To date, Defendant has not answered either of those discovery requests. 4. Plaintiff is being significantly prejudiced by Defendant's failure to provide the information and file answers to her Interrogatories and her Request for Production and that she is being denied financial information she needs to resolve this case. WHEREFORE, Plaintiff prays this court to order and compel the Defendant to file answers to Plaintiff's Request for Production and Plaintiff's Interrogatories immediately. 5 muel L: ndes Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Page 2 of 4 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: SAMUEL L. DES Page 3 of 4 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 Date: 22 January 2007 Amy " firkins retary for Samuel L. Andes Page 4 of 4 MAUREEN M. CUFF, Plaintiff VS. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: Mr. Rex A. Cuff c/o John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 You are requested, in accordance with Pa. R.C.P. 4009, to deliver to the office of the undersigned at 525 North 12t' Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within thirty (30) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1. A copy of your 2005 federal and state income tax returns, with W-2, 1099, or other statements or documents used to calculate and report your income as reflected on that return. I Copies of all statements for any retirement, pension, individual retirement account, 401 (k) Plan, or other tax-deferred accounts or assets in which you have held any interest at any time since 1 January 2003. The statements should be for the following dates: A. 31 December 2003. B. 31 December 2004. C. 30 June 2005. D. 31 December 2005. E. Present date. PrinP 1 of .'? 3. If you have made any withdraws, disbursements, or distributions from any of the accounts or assets described in Request 2 above, please provide the following documents: A. Statements, checks, or other documents which will reflect the date and amount of such withdrawal, disbursement, or distribution. B. Documents, including canceled checks, which will demonstrate or confirm what disposition you made of the funds or assets withdrawn, disbursed, or distributed. 4. Copies of statements for any other account you, individually or jointly with any other person, held in any financial institution froml January 2003 to the present. The statements should be for the following dates: A. 31 December 2003. B. 31 December 2004. C. 30 June 2005. D. 31 December 2005. E. Present date. 5. If your employment with Siemens or any other employer has been terminated within the past year, please provide all documents that you have received regarding that termination, the reasons for the termination, and any severance pay or other compensation you have received or have been promised as a result of such termination. 'i 1 arrie L. n s Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Paae 2 of 3 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 _ Date: 12 October 2006 0 kA " W, ?4hjj Ln Amy . Harkins cretary for Samuel L. Andes Page 3 of 3 MAUREEN M. CUFF, Plaintiff vs. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE PLAINTIFF'S INTERROGATORIES TO DEFENDANT TO: Rex A. Cuff c/o John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 PLEASE TAKE NOTICE that you are required, pursuant to Pa. R.C.P. 4005 and 4006, to file the original with the Court and serve a copy on the undersigned, of your Answers to the within Interrogatories within thirty (30) days after service of same. Each Interrogatory shall be answered fully and completely, in writing and under oath. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet. These Interrogatories shall be continuing in nature. If, at any time subsequent to the filing of your original answers, you or anyone acting on your behalf should learn or be made aware of additional information requested but not contained in your original answers, then you shall promptly file a Supplemental Answer containing the same. DATE: 12 October 2006 Sa 1 L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Post Office Box 168 Lemoyne, PA 17043 (717) 761-5361 Page I of 10 INSTRUCTIONS AND DEFINITIONS The following Instructions and Definitions form an integral part of these Interrogatories, and the Interrogatories are to be read and answered in accordance with these Instructions and Definitions. 1. DOCUMENT The term "document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither, including drafts and copies bearing notations or marks not found on the original, and includes, but is not limited to: (a) All contracts, agreements, representations, warranties, certificates, opinions; (b) All letters or other forms of correspondence or communication, including envelopes, notes, telegrams, cables, telex messages, messages (including reports, notes, notations, and memoranda of or relating to telephone conversations or conferences); (c) All memoranda, reports, financial statements or reports, notes, transcripts, tabulations, studies, analyses, evaluations, projections, work papers, corporate records or copies thereof, lists, comparisons, questionnaires, surveys, charts, graphs, summaries, extracts, statistical records, compilations; (d) All desk calendars, appointment books, diaries; (e) All books, articles, press releases, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, manuals; (f) All minutes or transcripts of all meetings; and (g) All photographs, microfilms, phonographs, tapes or other records, punch cards, magnetic tapes, disks, datacells, drums, printouts, and other data compilations from which information can be obtained. II. COMMUNICATION The term "communication" means not only oral communications, representations, or warranties, but also any documents (as such term is defined in Section I above), whether or not such document or the information contained therein was transmitted by its author to any other person. Page 2 of 10 III IDENTIFY; IDENTITY; IDENTIFICATION When used in reference to a natural person, the terms "identify", "identity", or "identification", mean provide the following: (a) Full name; (b) Present or last known business and residence addresses; (c) Present or last known business affiliation; and (d) Present or last known business position (including job functions, duties, and responsibilities). When used with reference to any entity other than a natural person state: (a) Its full name; (b) The address of its principal place of business; (c) The identity of all individuals who acted and/or who authorized another to act on its behalf in connection with the matters referred to; (d) In the case of a corporation, the names of its directors and principal officers; and (e) In the case of an entity other than a corporation, the identities of its partners or principals or all individuals who acted or who authorized another to act on its behalf in connection with the matters referred to. When used in reference to a document, the terms "identify", "identity", or "identification" mean provide the following: (a) The nature of the document (e.g. letter, contract, memorandum) and any other information (i.e. its title, index, or file number) which would facilitate in the identification thereof; (b) Its date of preparation; (c) Its present location and the identity (as defined previously herein) of its present custodian or, if its present location and custodian are not known, a description of its last known disposition; (d) Its subject matter and substance or, in lieu thereof, annex a legible copy of the document to the answers of these Interrogatories; Page ) of 10 (e) The identity (as defined previously herein) of each person who performed any function or had any role in connection thereof (i.e. author, contributor of information, recipient, etc.) or who has any knowledge, thereof together with a description of each such person's function, role, or knowledge; and (f) If the document has been destroyed or is otherwise no longer in existence or cannot be found, the reason why such document no longer exists, the identity (as defined previously herein) of the people responsible for the document no longer being in existence and of its last custodian. When used in connection with an oral communication, the terms "identify", "identity" or "identification" mean provide the following information: (a) General nature (i.e. conference, telephonic communication, etc.); (b) The time and place of its occurrence; (c) Its subject matter and substance; (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and IV. DESCRIBE; DESCRIPTION When used with respect to any act, action, accounting, activity, audit, practice, process, occurrence, occasion, course of conduct, happening, negotiation, relationship, scheme, transaction, instance, incident or event, the terms "describe" or "description" mean provide the following information: (a) Its general nature; (b) The time and place thereof; (c) A chronological account setting forth each element thereof, what such element consisted of, and what transpired as part thereof; (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any Page 4 of 10 knowledge thereof together with a description of each such person's function, role, or knowledge; (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and (f) The identity (as defined previously herein) of each oral communication which was a part thereof or referenced thereto. When used in connection with any calculation or computation, the terms "describe" or "description" mean provide the following information: (a) An explanation of its meaning; (b) An explanation of the manner in which it was derived; (c) The identity (as defined previously herein) of each person who performed any function with respect thereto and a description of his function.; (d) The identity of each document (as defined previously herein) which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof; and (e) The identity (as defined previously herein) of each oral communication which occurred in the course of the preparation thereof or which referred thereto. V. FACTUAL BASIS The term "factual basis" means: (a) Set forth each item of information upon which the allegation, contention, claim, or demand to which it pertains is based; and (b) With respect to each such item of information, identify each person having knowledge thereof and identify and describe (as defined previously herein) each source thereof. VI. RELATES TO; THERETO The terms "relates to", "relating to", or "thereto" when used in connection with any act, action, activity, account, practice, process, occurrence, occasion, course of conduct, contractual provision or document, happening, relationship, scheme, conference, discussion, development, service, instance, incident, event, means used Page 5 of 10 or occurring or referred to in the preparation therefor, or in the course thereof, or as a consequence thereof, or referring thereto. VII. PERSON The term "person" means all natural persons, corporations, partnerships, or other business associations, public authorities, municipal corporations, state governments, local governments, all governmental bodies, and all other legal entities. Page 6 of 10 INTERROGATORIES 1. Please identify any retirement accounts or other tax-deferred assets held by you as of 31 December 2003, 31 December 2004 and 30 June 2005. For each such asset or account, please provide the following: A. The name and address of the plan administrator. B. The name of the company or employer that made any contributions to the plan and the period of time during which those contributions were made. C. Whether this account or asset existed on the date of your marriage to the Plaintiff and, if so, the balance in or value of the account at that time. D. The current balance in or value of the account. E. Whether you have made any withdrawals, disbursements, or distributions from that plan at any time within the past three (3) years and, if so, the date and amount of the withdrawal, disbursement or distributions and the disposition you made of the funds or assets received. Page 7 of 10 2. Please identify all debts which you or the Plaintiff owed, jointly or individually, is of 30 June 2005 which you claim to be marital obligations. For each such debt, please )rovide the following: A. The balance on 30 June 2005. B. The name or names of the persons who owed the obligation. C. The name and address of the creditor. D. The account number. E. Who currently has possession of any statements from that obligation for the period 1 January 2003 to the present. F. The current balance owed on any such account or obligation. Page 8 of 10 COMMONWEALTH OF PENNSYLVANIA ) (SS.: COUNTY OF ) Personally appeared before me, the undersigned, a Notary Public in and for the Commonwealth and County aforesaid, deponent, who being duly sworn according to law, deposes and says that the answers contained in the foregoing Interrogatories are true and (correct to the best of his knowledge, information and belief. Deponent Sworn and subscribed to before me this day of , 2006. Notary Public Page 9 of 10 CERTIFICATE OF SERVICE I hereby certify that I served an original and two copies of the foregoing Interrogatories upon counsel for Defendant herein by regular mail, postage prepaid, as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 DATE: 12 October 2006 Amy M. arkins Secretary for Samuel L. Andes Page 10 of 10 7 JAN 8 5 WAY MAUREEN M. CUFF, Plaintiff vs. REX A, CUFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW j NO. 05 ki$LDq IN DIVORCE ORDER OF COURT AND NOW this 1w %ayof _ ????f?m , 2007, upon consideration of the attached Motion to Compel, the Defendant is hereby ordered and directed to file verified answers, in accordance with the Rules of Civil Procedure, to Plaintiff's Interrogatories and Plaintiff's Request for Production of Documents and Things within _0 days of the date of service of this Order upon Defendant's counsel of record. BY THE COURT. J. DISTRIBUTION: /amuel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 /ohn J. Connelly, Jr., Esquire (Attorney for Defendant) P.O. Box 650, Hershey, PA 17033 J Page 1 of 4 ^ ???•f:?II F' MAUREEN M. CUFF, Plaintiff VS. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4869 IN DIVORCE MOTION FOR SANCTIONS AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to impose sanctions upon the Defendant in this matter, for failing to comply with this Court's Order of 26 January 2007, based upon the following: 1. The moving party herein is the Plaintiff. The responding party herein is the Defendant. 2. The parties have been separated for almost two years and this action was commenced in 2005. 3. Prior to October of 2006 Plaintiffs attorney had repeatedly requested information about the marital assets of the parties, in particular information regarding retirement accounts and similar assets held and controlled by the Defendant. The information was not provided. 4. In October of 2006 Plaintiffs attorney, in an effort to obtain the information through formal discovery, served a Request for Production of Documents and Things and a set of Interrogatories upon Defendant's counsel. Those discovery requests were served on or about 12 October 2006. The information requested has still not been provided. 5. In January of 2007, in a further effort to obtain the information from Defendant, Plaintiff filed a Motion to Compel. In response to that Motion, this court, by the Honorable M.L. Ebert, J. entered an order, dated 26 January 2007, directing the Defendant to provide and file verified answers to Plaintiffs Interrogatories and Plaintiffs Request for Production of Documents and Things within thirty days of the date of service of the said order. 6. Plaintiffs counsel served a copy of the order of 26 January 2007 upon Defendant's counsel on or about 9 February 2007. To date, no answers have been filed and the information requested has not been produced. 7. Plaintiff has been put to considerable inconvenience and expenses by Defendant's failure to answer Plaintiff's informal discovery and to comply with this court's order of 26 January 2007. Without the information she has requested and the court has ordered the Defendant to provide, Plaintiff cannot prepare this case for resolution either by negotiation or by litigation. Further, Plaintiff has incurred attorneys fees in an effort to obtain this information which now exceed $750.00. Plaintiff anticipates there will be additional fees required to enforce this court's order and obtain the information requested in formal discovery. 8. The Honorable M.L. Ebert has entered orders previously in the divorce action, specifically relating to discovery disputes. Judge Guido has entered orders in a separate custody case between the parties. 9. Counsel for Plaintiff believes that the Defendant does not concur in the relief Plaintiff requests in this motion. WHEREFORE, Plaintiff moves this court to take the following action: A. Schedule a hearing on this Motion for Sanctions and direct and require the appearance at that hearing of the Defendant; and B. At the hearing, find Defendant in contempt of this court's order of 26 January 2007 and direct the Defendant to pay all of the attorneys fees and other expenses incurred by Plaintiff to engage in formal discovery and enforce her rights under the Rules of Civil Procedure with regard to formal discovery; and C. Require the Defendant to deposit an additional $1,000.00 with Plaintiff's counsel to be applied against additional fees and expenses incurred by Plaintiff to obtain the information which Defendant has failed and refused to produce; and D. Take such other action and impose such other sanctions as the court deems just and appropriate. uel L. Andes Attorney for Plaintiff Supreme Court ID 17225 525 North 12'hStreet Lemoyne, PA 17043 (717) 761-5361 verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ?2 , I I h--i- L. ANDES CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire P.O. Box 650 Hershey, PA 17033 Date: 1 May 2007 OYIIA??W Amy Nr. kins Secjjbtary for Samuel L. Andes -Ti -:a MAY 14 2007,0 MAUREEN M. CUFF, Plaintiff VS. REX A. CUFF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4869 IN DIVORCE Defendant ORDER OF COURT AND NOW this day of 2007, upon consideration of the attached Motion, a hearing is hereby scheduled, to be held before the undersigned in Court Room No. s of the Cumberland County Courthouse in Carlisle, Pennsylvania, commencing at 3 bo o'clock ___p_ m. on the day of 2007. Defendant is directed to appear at such hearing and to bring wi him any documents or other information available to him that is responsive to the discovery requests described in Plaintiffs Motion for Sanctions. BY THE COURT. DISTRIBUTION: >dfin'uel L. Andes, Esquire (Attorney for Plaintiff) P.O. Box 168, Lemoyne, PA 17043 ,/.,Wn J. Connelly, Jr., Esquire (Attorney for Defendant) P.O. Box 650, Hershey, PA 17033 {` `?ytl.kttf ?Y+1 !l t4a ,t???{?i..rt..1 ,jam/ 1 1 .3 NY 91 014 LOOZ -.IjHi do MAUREEN M. CUFF, PLAINTIFF V. REX A. CUFF, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE NO. 05-4869 CIVIL IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 8th day of August, 2007, upon consideration of the request of counsel for both parties for a continuance of the hearing scheduled for August 9, 2007 at 3:00 p.m. IT IS HEREBY ORDERED AND DIRECTED that the hearing is continued until Wednesday, August 22, 2007, at 9:15 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., J. ., amuel L. Andes, Esquire ,6hn J. Connelly, Jr., Esquire bas ' / q.0 o$.o/ NU MAUREEN M. CUFF, PLAINTIFF V. REX A. CUFF, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : IN DIVORCE NO. 05-4869 CIVIL IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 22nd day of August, 2007, this being the time and place set for a hearing in regard to Plaintiff's Motion for Sanctions and after conference with counsel and the Court being advised that the Defendant has provided the Plaintiff with various documents for review today, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff will be given 30 days to review the provided documents and the hearing will be continued generally to the call of counsel. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall pay the Plaintiff $400.00 in attorney's fees within 10 days of today's date. V°amuel L. Andes, Esquire Attorney for Plaintiff a hn J. Connelly, Jr., Esquire Attorney for Defendant bas /0? /.o o/ By the Court, ?ol vi zz T", L5?'Z COMMO'NW'EALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAUREEN M. CUFF, Plaintiff ) CIVIL ACTION - LAW VS. ) NO. 05-4869 REX A. CUFF, ) IN DIVORCE Defendant ) CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA As a prerequisite to service of a subpoena for documents and things pursuant to Rule 009.22, Plaintiff, Maureen M. Cuff, certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached jthereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be serve. i 2. A copy of the notice of intent, including the proposed subpoena, is attached to is certificate. 3. No objection to the subpoena has been received. 4. The subpoena which will be served is identical to the subpoena which is attached the notice of intent to serve the subpoena. te: 11I i(olo-1, I L. An es Attorney for Plaintiff 525 North 12' Street Lemoyne, PA 17043 (717) 761-5361 Supreme Court 17225 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAUREEN M. CUFF, ) Plaintiff ) CIVIL ACTION - LAW VS. ) NO. 05-4869 REX A. CUFF, ) IN DIVORCE Defendant ) NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Plaintiff, Maureen M. Cuff, hereby advises you of her intent to serve a subpoena dentical to the one that is attached to this notice. You have twenty (20) days from the late listed below in which to file, of record, and serve upon the undersigned an objection to he subpoena. If no objection is made the subpoena may be served. te: // D I L. And6J Attorney for Plaintiff 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 Supreme Court 17225 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MAUREEN M. CUFF, Plaintiff ) CIVIL ACTION - LAW VS. ) NO. 05-4869 REX A. CUFF, ) Defendant ) IN DIVORCE SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records Siemens' Benefits Office 100 Half Day Road Lincolnshire, IL 60069 Within twenty (20) days after service of this subpoena, oduce the following documents or things: those documents listed on Exhibit qhe Court to : 525 North 12t" Street in Lemoyne, Pennsylvania. You may deliver or mail legible copies of the documents or things requested b thi ubpoena, together with the certificate of compliance, to the a y s rty making this requ at ddress listed above. You have the right to seek in advance the reasonable cost of ert a the ie copies or producing the things sought. p epring If you fail to produce the documents or things required by this subpoena within twe 20) days after its service, the party serving this subpoena may seek a court order com my ,ou to comply with it. pelting SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Samuel L. Andes, Esquire 525 N. 12th Street, Lemoyne, PA 17043 (717) 761-5361 ATE keal of the Court BY THE COURT, By: Prothonotary f EXHIBIT A 1. The following records relating to benefits earned by Rex A. Cuff while Siemens, Inc. or any of its related or predecessor entities: employed A. Copies of statements reflecting the value of or balance in his account within the Siemens Savings Plan, or Siemens 401 (k) Plan, as of 31 March 1994, 11 April 1994, and 30 April 1994 or the dates closest to th which such statements or information is available. ose for 2. Documents confirming the date Mr. Cuff was first employed b Siem dated or predecessor entity and the date he first participated in the pension or ens retirt its an offered by Siemens or such entity. ement 3. Copies of documents which will describe or confirm the date which Mr 2tired from his employment with Siemens and first started receivin a m . Cuff ension or retirement plan operated by Siemens. g p Y ent from the ! 4. Copies of documents which reflect the benefits or annuity he is bei e paid from the pension or retirement plan, the date those n9 paid or to here will be any future adjustments to such benefits, payments started, and whether 5. Copies of documents which will confirm any election by Mr. Cuff for eneft in favor of his spouse, Maureen Cuff, or any other person. These do currents a survivor's pecifcally include any documents which will reflect or confirm the amount should monthly benefit payment was reduced or will be reduced as a result of by which his such election. 6. Copies of documents reflecting or confirming all withdraws made b =rom his account within the Siemens Savings Plan or Siemens 401 k y Mr. Cuff 1994 to the present. ()Plan from April of 7. Copies of documents reflecting or confirming all loans taken from Mr its account within the Siemens Savings Plan or Siemens 401 (k Plan from • Cuff from he present. ) m April of 1994 to 8. Copies of documents which will reflect or confirm the date, manor, f repayment by Mr. Cuff of any of the loans taken from his account within and amount avings Plan. the Siemens 11 9. Copies of documents reflecting the balance in or value of, as of 1 June 2005 he date closest to that for which such information was available of Mr. Cuff's account or account ithin the Siemens Savings Plan or Siemens 401 (k) Plan, the Siemens Deferred compensation Plan, or any other tax-deferred asset or benefit in which he was e articipate, in which he held benefits, or in which benefits were held for him ntitled to as of that date. Y MAUREEN M. CUFF, Plaintiff vs. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4869 IN DIVORCE STIPULATION REGARDING SUBPOENA The undersigned agree that Mr. Andes, as counsel for Maureen Cuff, may submit a Subpoena, in the form attached hereto, on Siemens Benefits Office immediately. L. Ande Attorney for Plaintiff MAUREEN M. CUFF FILED-OFFICE OF THE F' rO 7J0HO?AR 2010 Oro vs CUMBERLAND COUW(Case No. REX A CUFF, C' Y Statement of Intention to Proceed 05-4869 To the Court: MAUREEN M. CUFF intends to proceed with the above captioned matter. SAMUEL L. ANDES Print Name Sign Nam gzlw? Gm - Date: 09-17-2010 Attorney for PLAINTIFF Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. MAUREEN M. CUFF, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 20054869 REX A. CUFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE STATEMENT OF INTENTION TO PROCEED CO cn : TO THE COURT: Fn , r ? t ; t-n Defendant, Rex A. Cuff, intends to proceed with the above captioned divorce matter. :%' Date: Esqui e elly, Jr., M > Ic- °; --t Defend an? oAtney -" -` EXPLANATORY COMMENT The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of Civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa, 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) hoe been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ruie230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant MAUREEN M. CUFF, Plaintiff V. REX A. CUFF, Defendant ?, ? lCE FF' ?? ROi1?Ot?OTA?t't, cl;?SB ??tSYL?+A?IA?? 1~? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4869 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Rex A. Cuff, Defendant, moves the court to appoint a Master with respect to the following claims: ( x ) Divorce () Annulment ( x ) Alimony ( x ) Alimony Pendente Lite and in support of the motion states: ( x ) Distribution of Property ( ) Support ( x) Counsel Fees ( x) Costs and Expenses (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Plaintiff initially appeared in the action by her attorney, Barbara Sumple Sullivan, Esquire and is now represented by Samuel L. Andes, Esquire. (3) The statutory ground(s) for divorce are: 3301(c) and 3301(d). (4) Check the applicable paragraph(s) O The action is not contested. () An agreement has been reached with respect to the following claims: (x) The action is contested with respect to the following claims: divorce, equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one hour. (7) Additional information, if any, relevant to the Motion: n/a JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: D ' By: @Lax Jo onne y, Jr. At ey. . #15615 Christine Taylor Brann Attorney I.D. #82204 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant, Rex A. Cuff MAUREEN M. CUFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4869 REX A. CUFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant, Rex A. Cuff, hereby certify that I have served a copy of the foregoing Motion for Appointment of Master on the following on the date and in the manner indicated below: VIA U.S. MAIL. FIRST CLASS. PRE-PAID Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-0168 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: q " `f=i ?-- By: P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 -OFFICE .j.5 ' 17 D R OTHONOTAR'( '2011 AUG -5 A111 10. 4"S CUMBERLAND COUNTY PENNSYLVANIA MAUREEN M. CUFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4869 REX A. CUFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY OF REX A. CUFF Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?/Z'?,?Z,o L Rex A. Cuff, Defendant ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles O 3. Stocks, bonds, securities and options O 4. Certificates of Deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market O 7. Contents of safe deposit boxes O 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities O 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties O 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) O 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments O 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits (x) 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION NAMES OF ALL OF PROPERTY OWNERS Proceeds from sale of 1 marital residence Husband and Wife 1201 Gunstock Lane Mechanicsburg, Pennsylvania 2 2004 Lincoln LS Husband 5 Members 0 Checking Husband Account 6 Members 1 St Savings Account Husband 19 Siemen's Savings/401(k) Plan Husband 19 TIAA-CREF Wife Present value of Wife's 19 survivor benefit of Husband's Wife Siemen's retirement NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NUMBER DESCRIPTION REASON FOR OF PROPERTY EXCLUSION 18 Husband's IBM Pension Pre-marital PROPERTY TRANSFERRED ITEM NUMBER DESCRIPTION DATE OF TRANSFER CONSIDERATION TRANSFEREE 1 Marital residence located at 1201 Gunstock Lane, Mechanicsburg, Pennsylvania October 29, 2010 $142,533.06 Husband and Wife LIABILITIES/CREDITS CLAIMED BY EACH PARTY ITEM NUMBER DESCRIPTION CREDITORS DEBTORS Credits to Husband: Mortgage payments 24 made by Husband relative to the marital residence from April 12, 2007 to October 6, 2010 ($52,606.62) Expenses paid by 24 Husband to have the marital residence ready for sale ($9,941.88) $7,000.00 owed to 24 Husband (personal loan from Husband to Wife) Husband paid for 24 service of Wife's car ($565.18) 24 Domestic Relations Credit ($5,520.83) Fu-OFFICE 'p= -ROTHONOTAR L0It I tJG) -5 fill 10: 41 CUMBERLAND COUNTY PENNSYLVANIA MAUREEN M. CUFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. REX A. CUFF, Defendant NO. 2005-4869 CIVIL ACTION - LAW IN DIVORCE EXPENSE STATEMENT OF REX A. CUFF I, Rex A. Cuff, verify that the statements made in this 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 unworn falsification to authorities. Date: s' v z» l Rex A. Cu fendant Monthly Monthly Monthly Total Children Parent EXPENSES Home Mortgage or Rent $1,400.00 Maintenance Lawn Care 2°d Mortgage UTILITIES Electric Gas Oil Telephone Cell Phone $230.00 Water Sewer Cable TV Internet Trash/Recycling TAXES Real Estate Personal Property INSURANCE Homeowners/Renters Automobile Life Accident/Disability Excess Coverage Long-Term Care AUTOMOBILE Lease or Loan Payments Fuel Repairs Memberships MEDICAL Medical Insurance Doctor Dentist Hospital Medication Counseling/Therapy Orthodontist Special Needs (glasses, etc.) Monthly Total $560.00 $185.00 $425.00 $20.00 Monthly Monthly Children Parent Monthly Monthly Monthly Total Children Parent EDUCATION Tuition Tutoring $60.00 Lessons Other PERSONAL Debt Service Clothing $75.00 Groceries $300.00 Haircare $100.00 Memberships MISCELLANEOUS Child Care Household Help Summer Camp $6.00 Papers/Books/Magazines Entertainment $110.00 Pet Expenses Vacations $25.00 Gifts Legal Fees/Prof. Fees Charitable contributions Children's Parties $10.00 Children's Allowances $50.00 Other Child Support Alimony payments MAUREEN M. CUFF, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-4869 : CIVIL ACTION - LAW REX A. CUFF r"!1 === , Defendant : IN DIVORCE cxs p,.. INCOME STATEMENT OF REX A. CUFF Q I, Rex A. Cuff, verify that the statements made in this Income and Expense Statem ent 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: 7 2.? '-?'0i/ e11111 Rex A. uff, Defendant INCOME Employer: self-employed Address: 1116 Tunbridge Lane, Mechanicsburg, PA 17050 Type of Work: consultant Payroll Number: n/a Pay Period (weekly, biweekly, etc.): monthly Gross Pay per Pay Period: See attached paystub dated June 24, 2011 and statement dated June 30, 2011, reflecting all commissions received year to date through June 30, 2011, attached hereto as Exhibit "A". A copy of Defendant's 2010 Federal Tax return is attached as Exhibit "B". Itemized Payroll Deductions: Federal Withholding $ FICA Local Wage Tax State Income Tax Mandatory Retirement Union Dues Health Insurance Other (specify) Net Pay per Pay Period: $ OTHER INCOME: Interest WEEK MONTH (Fill in appropriate column) Dividends Pension Distributions $2,564.00 Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Other TOTAL $ $2,564.00 TOTAL INCOME $ $2,564.00 YEAR PROPERTY OWNED - See Inventory Description Checking accounts Savings accounts Credit Union Stocks/bonds Real estate Other INSURANCE Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other Total Company Ownership Value H W J m Coverage Policy No. H W J SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one): (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, professional, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business Communication Consulting Address and 1116 Tunbridge Lane, Mechanicsburg PA 17050 Telephone Number: (717) 460-0950 (d) Nature of business (check one): (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other (e) Name of accountant, controller or other person in charge of financial records: Hamilton & Musser, P.C. (f) Annual income from business: $18,937.00 (See 2010 Schedule C attached hereto as Exhibit "C"). (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: EXHIBIT "A" a . N E a e N E ' O o r. ? r+ e N In fN f Y J c b L ? ® G 0.' ry ry C A V c U r d d d O r w ?.l R e U a O v 4 m I v R U K d ao ? U ti E x h N rij Q Z ca a a M N ri n ? VI O N a a N c4 4 ?C cu) U 4 U w ? o .d u a Q q d ? a o d c8 00 g 1 r o n ? n 1 '1 F Q u 0. M ? O? o°o n y r O M hl u A R1 aC M N ~ r J m a 00 on IT O S ^ VI N ^ t C V u a U o 0 0 O H N N CA m U r- r- Ch M1 O CI W - T N v '? N U ti k o t 1+ O N y ? N 1 e 0 e U u 6 m z w ? g a m U a ? a U l rir ti e d M 00 Q U o o ti pll 41 r AL- a a ' $ o o 7/2212011 9:18:51 AM Page: 1 Ecomm Check Register From Vendorld: 0097024 Thru Vendorld: 0097024; From Date: 1/1/2011 Thru Date: 6/30/2011; For Vendor Type: *ALL*; ; For Cash Account *ALL*; Exclude unprinted checks CheckNo Post Date Payee I Document Account Amount 23705 1/21/2011 REX CUFF 10150-00-00-00 - Cash- Affinity Bank 277.00 *23797 2/17/2011 REX CUFF 10150-00-00-00 - Cash- Affinity Bank 2,964.00 *23862 3/18/2011 REX CUFF 10150-00-00-00 - Cash- Affinity Bank 1,864.00 * 24065 5/26/2011 REX CUFF 10150-00-00-00 - Cash- Affinity Bank 2,300.00 * 24158 6/23/2011 REX CUFF 10150-00-00-00 - Cash- Affinity Bank 6,326.00 Grand Total: 13,731.00 * indicates a skip in check numbers 11R, r14/?1?1'_ 09:27 FAX 17177957594 STAPLES 1 04 Name, Address, and SSN See separate Instructions. 0, partment of the Treasury-InfOrril Revenue Service 20101 - U.S. Individual Income Tax Return M IRSU"Or P _-or the year Jan. 1-Dec. 31, 2010, or other tax year beginning 2010, ending '20 R 1 wr fist name end initial Lest name I N _ RRX A . CUFF T II ,)pint mWm, spouse's first name and Initial Last name G _ E hi )me address (number and street). If you have a 113,0. box. sae instruction, Apt no, A 1116 TUNBRIDGE LANE R C taws or L ry, poet office, stela, and 21P cads, N you have a foreign address, see Instructions. R nn2 not wripa or staple in thin !puce, OMB No. 1545-0074 Yoursurl number Spouse's social security number Make sure the SSN(s) above A and on line 6c are correct. CheokkV a box below will not Prleaidential LY _ LIIIISGHANICSBVRGI PA 17055 cha a your tax or refund. Election Campaign ? CI eck here if you, or your spouse if filing jointly, want $3 to go to this fund ? ( You spouse 1 tingle 4 the quelltying person is a4child bit not your deppande,yt, enter !s Filing Status 2 Aerriad flAngjdntly (even if orr t one had InC*mc) Child's name here. ? Check Only One 3 tarried filing separately. Enter:rpousWs SSN above 5 Qualifying widow(er) With dependem child box. nd Full name here. Ill 6a Yourself. If someone can claim you as a dependent, do not check box 6a Bom chocked 1 EXemptiens b Spouse on 6A and 6b JJ No, of children c Dr pendants: (4) „ ff an be w o. (2) Dependents (3) Deponder t'a quat dad a Ihred with you 2 for child soda) severity number relationship to a did n9t live with 1 First name Last name you tait a. see page If more than four ?FIf ?iI?DRpi CUFF -DAUGHTER 1 ooss p as?ro? rca see Instructions) dependents, see R'fAN CUFF SON Ild instructions an Depandente an 6c check here 0, b _ not entered ebeytt d To al number of exemptions claimed Ilneanttubovell*? 3 Income 7 Wt.-les, salaries, tips, eta. Attach Form($) W-2 .. , , _ , DFC 1,373 7 . . ? 1,373 $a Ta cable interest. Attach Schedule a if required . , • , , , , , , , , , , , , , . . , .. , , , ... . _ . _ $a .. Attach Form(s) b Ta .:-exempt: Interest, Do not include on line 8a • ....... .. Bb ?, W-2 here. Also 9d .. ...... Or, inary dividends. Attach Schedule 8 if required . :..:. 9a a attach Forms W-20 and b Qu ilified dividends ........ .. . ... ............................................ . gp ............ f (; t . 1089-R if tax 10 To able refunds, credits, or offsets of state and local Income taxes . , 10 435 was withheld. 11 AN -lony received .. 11 If you did not 12 Bu+ iness Income Or (loss), Attach Schedule C or C-EZ , , , , . , , , , , , ,,, , , , , , 12 18,937 get a W-2, 13 Cap al On or (Ion). Attach Schedule 0 y required. If not required, check here ? ............. ? 13 see page 20. 14 Oct ar gains or (losses). Attach Form 4797 4 16a IN distributions 15a 18O b Taxable amount 15b x.80 16a Pe lions and annuities 16a b Taxable amount 16b 29 444 Enclose, but do 17 Re, tal real estate, roy2WOS, partnerships, S corporations, Musts, etc, Attach Schedule E; 17 not attach, any payment. Also, 18 Far n income or (loss), Attach Schedule F ........ . . ... . . .... . . • • • • ........... .... • .. , . 18 please use 19 Urn mployment compensation 19 30 141 Form 1040-v. 20a Sac ai security benettts 20a b Taxable amount ............. ........ 20b , 21 Ott-•:r income, List type and amount 1 22 Cot ,ibine the amounts in the far riht column for lines 7 throw h 21. This is ur total income ? zz 80,510 23 Edlcatorexpenses ........ .... e 1 . ' 23 a Adjusted 24 Cel ain business expenses s of reservists, performing artists, and Gross fee 7a5i3 government officials. Attach Form 2106 or 2106-EZ 24 Income 25 Her Ith savings account deduction. Attach Form $889 25 x ; ' 26 Mop ing expenses. Attach Form 3903 26 27 Onr -half of self-employment tax, Attach Schedule 5E . . . . ......... 27 806 28 Sell employed SEP, SIMPLE, and qualified plans 28 29 Set employed health insurance deduction 29 7 5 3 6, , 30 Per ally on early withdrawal of savings . ... . . . . . ..... 30 31a Alin vny paid b Redplent's SSN ? 31a " 32 IRA deduction 32 : <i 33 Sttx ant loan interest deduction 33 34 ............... Tuft in and fens. Attach Form 8917 34 n 35 Dor, estle production activities deductlon. Atte Form 8903 35 ,. 36 Add nes 23 through 31a and 32 through 35 ,,,,,,,,, ,36 8,342 r 37 Sub ravt line 35 from line 22. This Is our ad'usttixt rose income ? 37 72,168 oc Disclosure, Privacy Act, and Pa'nerwork Reducaon Act Notice, we separate instructions. )AA Form 1 040 (2010) Form 1040 (201 o) REX A. CUFF" age 2 Tax and 38 Amount from line 37(adjusteugross income) •,.,••..,•,,,•,,,,,,,,,,,,,,,,,,,,,,,,,,,, , 38 72,168 Credits 39a b 40 Check You were born before January 2, 1946, Blind. Total boxes if: { e Spouse was born before January 2, 1946, 8 Blind. checked ? If your spouse itemizes on a separate return or you were a dual-status alien, check here - ? ............ Itemized deductions (from Schedule A) or your standard deduction (see instructions) 39a 39b .......... 40 , 4 0 0 41 Subtract line 40 from line 38 ......................................................... ......... 41 63,768 42 Exemptions. Multiply $3,650 by the number on line 6d 42 10,950 43 ................................. Taxable income. Subtract line 42 from line 41. If line 42 is more than line 41, enter -0. ......... 43 52,818 44 Tax (see instr.). Check if any tax is from: a [] Form(s) 8814 b ? Form 4972 44 8 , 0 5 4 45 Alternative minimum tax (see instructions). Attach Form 6251 45 46 ......................... Add lines 44 and 45 ................................................................ ......... ..... ? 46 8,054 47 Foreign tax credit. Attach Form 1116 if required 47 .......... . 48 ................... Credit for child and dependent care expenses. Attach Form 2441 48 ::.:::.: 49 Education credits from Form 8863, line 23 49 50 Retirement savings contributions credit. Attach Form 8880 50 51 Child tax credit (see instructions) 51 2 , 0 0 0 52 Residential energy credits. Attach Form 5695 52 53 ............ Other credits from Form: a [] 3800 b [] 8801 c 53 54 Add lines 47 through 53. These are your total credits 54 2 , 0 0 0 55 Subtract line 54 from line 46. If line 54 is more than line 46, enter -0- . ... . ... . . . . .... . . . . . .. 55 6,054 56 Self-employment tax. Attach Schedule SE 56 1,611 Other T 57 Unreported social security and Medicare tax from Form: a 4137 b Q 8919 57 axes 58 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required NO 58 18 59 a 11 Form(s) W-2, box 9 b [] Schedule H c [] Form 5405, line 16 59 60 Add lines 55 through 59. This is your total tax . .. .. ... ....... ? 60 7 , 6 8 3 61 Federal income tax withheld from Forms W-2 and 1099 61 ......... Payments 62 2010 estimated tax payments and amount applied from 2009 return 62 .......... 63 Making work pay credit. Attach Schedule M 63 4 0 W ...: """""' If you have a 64a Earned income credit (EIC) 64a quaLaa chilh SchIC. b 65 Nontaxable combat pay election 64b Additional child tax credit. Attach Form 8812 65 66 American opportunity credit from Form 8863, line 14 66 67 First-time homebuyer credit from Form 5405, line 10 67 68 Amount paid with request for extension to file ..................... 68 .. 69 Excess social security and tier 1 RRTA tax withheld 69 70 Credit for federal tax on fuels. Attach Form 4136 70 71 Credits from Form: a n 2439 b 11 8839 c 8801 d n 8885 71 72 Add lines 61, 62, 63, 64a, and 65 through 71. These are your total payments ............ ...... ......... . ... ..... ? 72 400 Refund 73 If line 72 is more than line 60, subtract line 60 from line 72. This is the amount you overpaid .. 73 74a Amount of line 73 you want refunded to you. If Form 8888 is attached, check here ...... • . . ? ? 74a Direct deposit? See instructions. ? b ? d 75 Routing number ? c T e: Checking Savings Account number Amount of line 73 you want applied to our 2011 estimated tax ? 75 Amount 76 Amount you owe, Subtract line 72 from line 60. For details on how to pay, see instructions • .. • . • • • .. ..... ? 76 7 , 4 3 9 You Owe 77 I Estimated tax ena see instructions p tY ( ) .......................... 77 15 6 ......... .................... ....................:...... Third Party Designee Do you want to allow another person to discuss this return with the IRS (see instructions)? X Yes. Complete below. No Designee's Personal identification number (PIN) 1111I 3 319 791 name ? ROBERT D MAST, CPA Phone no. ? 717-697-3888 Sign Under penalties of perjury, I declare that I have examined this return and accompanying schedules and stateme they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of Here Your signature Date Your occupation Joint return CONSULTANT See page 122. . Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation for your records. Print7Type preparer's name Preparer's signature Paid ROBERT D MAST, CPA p, ?, C1",4 -Preparer Firm'sname ? HAMILTON & MUSSER, PC, CPAS Use Only Firm's address ? 176 CUMBERLAND PARKWAY MECHANICSBURG PA 17055 Phone no. 717-697-3888 Form 1040 (2010) DAA SCHEDULE C (Form 1040) Department of the Treasury Internal Revenue Service I Name of proprietor REX A- CUFF L Profit or Loss From Business I (Sole Proprietorship) ? Partnerships, joint ventures, etc., generally must file Form 1065 or 1065-B. ? Attach to Form 1040, 1040NR, or 1041. ? See Instructions for Schedule C ?Forl OMB No. 1545-0074 2010 :hment 09 uence No. (SSN) A Principal business or profession, including product or service (see instructions) CONSULTING SERVICES B Enter code from pages C•9,10, & 11 ? 541600 C Business name. If no separate business name, leave blank. D Employer ID number (EIN), If any REX CUFF - CONSULTANT E Business address (including suite or room no.) ? 1116 TUNBRIDGE LANE city, town or post office, state, and ZIP code MECHANICSBURG PA 17 0 55 F G H Accounting method: (1) X Cash (2) Accrual (3) Other (specify) ? Did you "materially participate" in the operation of this business during 2010? If "No," see instructions for limit on losses If you started or acquired this business during 2010, check here ... .. .... .. ................... .......... X? Yes No .......... . 10, Income 1 Gross receipts or sales. Caution. See instructions and check the box if: • This income was reported to you on Form W-2 and the "Statutory employee" box on that form was checked, or • You are a member of a qualified joint venture reporting only rental real estate ? ? 1 3 2 , 3 5 7 income not subject to self-employment tax. Also see instructions for limit on losses. 2 Retums and allowances 3 .................................................................................... Subtract line 2 from line 1 .. 3 32,357 ................................................................................... .. 4 Cost of goods sold (from line 42 on page 2) 5 Gross profit. Subtract line 4 from line 3 5 32,357 6 including federal and state gasoline or fuel tax credit or refund (see instructions) Other income 6 7 , Gross income. Add lines 5 and 6 .......................................................................... ? 7 32,357 ??(>«? Expenses. Enter ex enses for business use o <? f our home only on line 30. ...... ... 8 ............ . Advertising 8 18 Office expense . • • „ • , ... • , . • • • • • , • • , . 18 - 9 ................ Car and truck expenses (see 19 Pension and profit-sharing plans 19 instructions) 9 20 Rent or lease (see instructions): 10 ........... Commissions and fees 10 a Vehicles, machinery, and equipment 20a .......... 11 Contract labor (see instructions) 11 b Other business property 20b . • 12 Depletion 12 21 Repairs and maintenance 21 ............ .. 13 Depreciation and section 179 22 Supplies (not included in Part III) 22 expense deduction (not 23 Taxes and licenses 23 ................. .. included in Part III) (see 24 Travel, meals, and entertainment: instructions) 13 a Travel ..............•,•.........••• •. 24a 7,790 14 .................... Employee benefit programs (other than on line 19) 14 b Deductible meals and entertainment (see instructions) 24b 1,930 15 Insurance (other than health) 15 25 Utilities 25 16 Interest: 26 Wages (less employment credits) 26 a Mortgage (paid to banks, etc.) 16a 27 Other expenses (from line 48 on b Other 16b Page 2) ............................ .. 27 3 , 7 0 0 ......................... . 17 nd professional Legal a services 17 28 Total expenses before expenses for business use of home. Add lines 8 through 27 ? 28 13,420 29 Tentative profit or (loss). Subtract line 28 from line 7 ......................................................... 29 18,937 30 Expenses for business use of your home. Attach Form 8829 ............................. 30 31 Net profit or (loss). Subtract line 30 from line 29. • If a profit, enter on both Form 1040, line 12, and Schedule SE, line 2, or on Form 1040NR, line 13 (if you checked the box on line 1, see instructions). Estates and trusts, enter on Form 1041, line 3. 31 J 18,937 • If a loss, you must go to line 32. 32 If you have a loss, check the box that describes your investment in this activity (see instructions). • If you checked 32a, enter the loss on both Form 1040, line 12, and Schedule SE, line 2, or on Form 1040NR, line 13 (if you checked the box on line 1, see the line 31 instructions). Estates and 32a All investment is at risk. trusts, enter on Form 1041, line 3. 32b Some investment is not • If you checked 32b, you must attach Form 6198. Your loss may be limited. at risk. For Paperwork Reduction Act Notice, see your tax return instructions. Schedule C (Form 1040) 2010 DAA fREX A. CUFF Schedule C (Form 1040) 2010 CONSULTING SERVICES Page 2 «cEtl<< Cost of Goods Sold (see instructions) 33 Method(s) used to value closing inventory: a n Cost b 11 Lower of cost or market c Other (attach explanation) 34 Was there any change in determining quantities, costs, or valuations between opening and closing inventory? If "Yes," attach explanation 0 Yes 11 No 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation 35 36 Purchases less cost of items withdrawn for personal use ......................................................... 37 Cost of labor. Do not include any amounts paid to yourself ........................................................ 38 Materials and supplies ........................................................................................ 39 Other costs ................................................................................................. 40 Add lines 35 through 39 ....................... ............................................................... 41 Inventory at end of year ....................................................................................... 42- Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on page 1, line 4 ........................ i 42 1 `'?#c?V`.':; Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes? (month, day, year) ? ............................. 44 Of the total number of miles you drove your vehicle during 2010, enter the number of miles you used your vehicle for: a Business b Commuting (see instructions) c Other ................. SCHEDULE SE OMB No. 1545-0074 (Form 1040) Self-Employment Tax 2010 Department of the Treasury Attachment Internal Revenue Service ss ? Attach to Form 1040 or Form 1040114R. ? See Instructions for Schedule SE Form 1040. Sequence No. 17 Name of person with self-employment income (as shown on Form 1040) Social security number of person REX A. CUFF with self-employment income ? Before you begin: To determine if you must file Schedule SE, see the instructions on page SE-1. May I Use Short Schedule SE or Must I Use Long Schedule SE? Note. Use this flowchart only if you must file Schedule SE. If unsure, see Who Must File Schedule SE, on page SE-1. Did you receive wages or tips in 2010? 1 No Yes Are you a minister, member of a religious order, or Christian Science practitioner who received IRS approval not to be taxed Yes Was the total of your wages and tips subject to social security on earnings from these sources, but you owe self-employment or railroad retirement (tier 1) tax plus your net earnings from tax on other earnings? self-employment more than $106,800? 41 No No Are you using one of the optional methods to figure your net Yes Did you receive tips subject to social security or Medicare tax earnings (see page SE-5)? that you did not report to your employer? Yes No I No Yes Did you receive church employee income (see page SE-1) Yes No Did you report any wages on Form 8919, uncollected Social reported on Form W-2 of $108.28 or more? Security and Medicare Tax on Wages? No You may use Short Schedule SE below You must use Long Schedule SE on page 2 Section A-Short Schedule SE. Caution. Read above to see if you can use Short Schedule SE. 1a Net farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K-1 (Form 1065), box 14, code A 1a b If you received social security retirement or disability benefits, enter the amount of Conservation Reserve Program payments included on Schedule F, line 6b, or listed on Schedule K-1 (Form 1065), box 20, code Y ............ lb 2 Net profit or (loss) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), box 14, code A (other than farming); and Schedule K-1 (Form 1065-B), box 9, code J1. Ministers and members of religious orders, see page SE-1 for types of income to report on this line. See page SE-3 for other income to report 2 18,937 3 Combine lines 1 a, 1 b, and 2. Subtract from that total the amount on Form 1040, line 29, or Form 1040NR, line 29, and enter the result (see page SE-3) .............................................................................. 3 11,401 4 Multiply line 3 by 92.35% (.9235). If less than $400, you do not owe self-employment tax; do not file this schedule unless you have an amount on line 1 b ...... ? 4 10,529 Note. If line 4 is less than $400 due to Conservation Reserve Program payments on line 1 b, see page SE-3. 5 Self-employment tax. If the amount on line 4 is: • $106,800 or less, multiply line 4 by 15.3% (.153). Enter the result here and on Form 1040, line 56, or Form 1040NR, line 54 • More than $106,800, multiply line 4 by 2.9% (.029). Then, add $13,243.20 to the result. Enter the total here and on Form 1040, line 56, or Form 1040NR, line 54 5 1,611 6 Deduction for one-half of self-employment tax. Multiply line 5 by a ( 50/o 0 5 .Enter the result here t eand on Form 1040, line 27, or Form 1040NR line 27 6 806 For Paperwork Reduction Act Notice, see your tax return instructions. Schedule SE (Form 1040) 2010 DAA SCHEDULE M I Making Work Pay Credit OM2015-0 (Form 1040A or 1040) of the Treasury =nue Service (991 to Form 1040A or 1040. 110- see Instructions. Name(s) shown on return I Your social security number REX A. CUFF !!?? To take the making work pay credit, you must include your social security number (if filing a joint return, the number of either you or your spouse) on your tax return. A social security number does not include an identification number issued by the IRS. Only the Social Security Administration Gi4?T1Qt: issues social security numbers. <<»s You cannot take the making work pay credit if you can be claimed as someone else's dependent or if you are a nonresident alien. C?t13T(Ql?: Important: Check the "No" box on line 1 a and see the instructions if: (a) You have a net loss from a business, (b) You received a taxable scholarship or fellowship grant not reported on a Form W-2, (c) Your wages include pay for work performed while an inmate in a penal institution, (d) You received a pension or annuity from a nonqualified deferred compensation plan or a nongovernmental section 457 plan, or (e) You are filing Form 2555 or 2555-EZ. 1a Do you (and your spouse if filing jointly) have 2010 wages of more than $6,451 ($12,903 if married filing jointly)? Yes. Skip lines 1 a through 3. Enter $400 ($800 if married filing jointly) on line 4 and go to line 5. HX No. Enter your earned income (see instructions) .... . .. . .......... I 1a I 18,13 b Nontaxable combat pay included on line 1 a (see instructions) ................................ 2 Multiply line 1 a by 6.2% (.062) .................................................. 1,124 3 Enter $400 ($800 if married filing jointly) 3 4 0 0 ............................. ;-`-`::: 4 Enter the smaller of line 2 or line 3 (unless you checked "Yes" online 1a) .......................................... 4 400 5 Enter the amount from Form 1040, line 38", or Form 1040A, line 22 5 7 2,16 8 >>? 6 Enter $75,000 ($150,000 if married filing jointly) 6 7 5, 0 0 7 Is the amount on line 5 more than the amount on line 6? X No. Skip line 8. Enter the amount from line 4 on line 9 below. " ,. 7 Yes. Subtract line 6 from line 5 8 Multiply line 7 by 2% (.02) ....................................................................... . 8 ... ......... 9 Subtract line 8 from line 4. If zero or less, enter -0- ..................................................... 9 400 .......... 10 Did you (or your spouse, if filing jointly) receive an economic recovery payment in 2010? You may have received this payment in 2010 if you did not receive an economic recovery payment in 2009 but you received social security benefits, supplemental security income, railroad retirement benefits, or veterans disability compensation or pension benefits in November 2008, December 2008, or January 2009 (see instructions). n No. Enter -0- on line 10 and go to line 11. rLLL?JJJ Yes. Enter the total of the payments you (and your spouse, if filing jointly) received in 2010. Do not enter more than $250 ($500 if married filing jointly) ....................... 10 0 ........................... 11 Making work pay credit. Subtract line 10 from line 9. If zero or less, enter -0-. Enter the result here and on Form 1040, line 63; or Form 1040A, line 40 11 400 V you are filing Form 2555, 2555-EZ, or 4563 or you are excluding income from,Puerto Rico, see instructions. For Paperwork Reduction Act Notice, see your tax return instructions. Schedule M (Form 1040A or 1040) 2010 DAA Form 1040 1 Child Tax Credit Worksheets Name I Tax a er Identification Number REX A. CUFF Child Tax Credit Worksheet - Form 1040, Line 51, Form 1040A, Line 33 or Form 1040NR, Line 48 1. Number of qualifying children: 2 x$1,000. Enter the result. 2. Enter the amount from Form 1040, line 38, Form 1040A, line 22, or Form 1040NR, line 37. ........................................ 3. Enter the total of any exclusion of income from Puerto Rico, and amounts from Form 2555, lines 45 and 50 or Form 2555-EZ, line 18 4. Add lines 2 and 3. ................................................................................................ 5. Enter: $110,000 if married filing jointly; $75,000 if single, head of household, or qualifying widow(er); $55,000 if married filing separately. 6. Is the amount on line 4 more than the amount on line 5? No. Leave line 6 blank. Enter -0- on line 7. Yes. Subtract line 5 from line 4. If the result is not a multiple of $1,000, increase it to the next multiple of $1,000. 7. Multiply the amount on line 6 by 5% (.05). Enter the result. 8. Subtract line 7 from line 1. If zero or less, stop here; you cannot take this credit. ............................................. 9. Enter the amount from Form 1040, line 46, Form 1040A, line 28, or Form 1040NR, line 44. ........................................ 10. Add the amounts from Form 1040 lines 47, 48, 49, 50, or Form 1040A lines 29, 31, and 32, or Form 1040 NR, lines 45, 46, and 47, plus any amounts from Form 5695, line 11, Form 8634, line 22, Form 8910, line 21, Form 8936, line 14, and Schedule R, line 22. Enter the total. 11. Are you claiming any of the following credits? 1. 2,000 2. 72,168 3. 4. 72,168 5. 75,000 7. 0 8. 2,000 9. 8,054 10. 0 Mortgage interest credit, Form 8396 9 Residential energy efficient property credit, Form 5695, Part II 0 District of Columbia first-time homebuyer credit, Form 8859 ?X No. Enter the amount from line 10. ? Yes. Enter the amount from Child Tax Credit - Line 11 Worksheet below. } 11. ........................................ 12. Subtract line 11 from line 9. 12. 8,054 ........................................................................................ 13. Child tax credit. Enter the smaller of line 8 or line 12 here and on Form 1040, line 51, Form 1040A, line 33 or Form 1040NR, line 48. 13. 2 , 0 0 0 Child Tax Credit - Line 11 Worksheet Use this worksheet only if you checked "Yes" on line 11 of the Child Tax Credit Worksheet above. 1. Enter the amount from line 8 of the Child Tax Credit Worksheet above. ....................................................... 2. Enter the taxable earned income from the Child Tax Credit Taxable Earned Income Worksheet. .................................... 3. Is the amount on line 2 more than $3,000? 11 No. Leave line 3 blank, enter -0- on line 4, and go to line 5. F] Yes. Subtract $3,000 from the amount on line 2. Enter the result. } ............................................ 4. Multiply the amount on line 3 by 15% (.15) and enter the result. ............................................................. 5. Is the amount on line 1 of the Child Tax Worksheet above $3,000 or more? No. If line 4 above is: Zero, enter the amount from line 1 above on line 12 of this worksheet. Do not complete the rest of this worksheet. Instead, enter the amount from Child Tax Credit Worksheet line 10 on line 11, and complete lines 12 and 13. 0 More than zero, leave lines 6 through 9 blank, enter 0 on line 10, go to line 11 below. LJ Yes. If line 4 above is equal to or more than line 1 above, leave lines 6 through 9 blank, enter -0- on l J line 10, and go to line 11 below. Otherwise go to line 6. 6. Enter the total social security and Medicare taxes withheld from your pay (and your spouse's if filing a joint return). These taxes should be shown in boxes 4 and 6 of your Form(s) W-2. If you worked for a railroad, see below. .................... 7. Enter the total of the amounts from Form 1040, line 27 and line 57 (Form 1040NR, lines 27 and 55), plus any taxes identified with code "UT" on the dotted line next to Form 1040, line 60 (Form 1040NR, line 59). ................................................ 8. Add lines 6 and 7. ................................................................................................ 9. Add the amounts from Form 1040, lines 64a and 69 or Form 1040A, line 41a and excess social security tax included on line 44 or Form 1040NR, line 64. Enter total. ................................................................................. 10. Subtract line 9 from line B. If the result is zero or less, enter -0-. ............................................................. 11. Enter the larger of line 4 or line 10. .................................................................................. 12. Is the amount on line 11 of this worksheet more than the amount on line 1? u No. Subtract line 11 from line 1. Enter the result. Yes. Enter -0-. ........................................................................................... Next, complete Forms 8396, Form 5695 (Part II), or Form 8859 where applicable. 13. Enter the total of the amounts from Form 6396, line 9, Form 5695, line 27 and Form 8859, line 3. ................................... 14. Enter the amount from line 10 of the Child Tax Credit Worksheet above. ...................................................... 15. Add lines 13 and 14. Enter this amount on line 11 of the Child Tax Credit Worksheet above. ....................................... Railroad employees. Include in the total on line 6 above any of the following taxes. Tier 1 tax withheld from your pay. This tax should be shown in box 14 of your form(s) W-2 and identified as "Tier 1 tax". If you were an employee representative, 50% of the total Tier 1 tax and Tier 1 Medicare tax you paid for 2010. 1. 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Form 1040 1 Making Work Pay Credit - Earned Income Worksheet Name REX A. CUFF Taxpayer Identification Number Before you begin: • If you are claiming the additional child tax credit and have already completed Form 8812, enter online 1a of Schedule M the amount from line 4a of your Form 8812. Do not complete the worksheet below. • Disregard community property laws when figuring the amounts to enter on this worksheet. • If married filing jointly, add your spouse's amounts to yours when completing this worksheet. 1.a. Enter the amount from line 7 of Form 1040 or Form 1040A ........................................................ b. Enter the amount of any nontaxable combat pay received. Also enter this amount on Schedule M, line 1 b. This amount should be shown in Form(s) W-2, box 12, with code Q. ............................................... Next, if you are filing Schedule C, C-EZ, F or SE, or you received a Schedule K-1 (Form 1065 or Form 1065-13), go to line 2a. Otherwise, skip lines 2a through 2e and go to line 3. 2. a. Enter any statutory employee income reported on line 1 of Schedule C or C-EZ ..................................... b. Enter any net profit or (loss) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), box 14, code A (other than farming); and Schedule K-1 (Form 1065-13), box 9, code J1.* Reduce any Schedule K-1 amounts as described in the instructions for completing Schedule SE in the Partner's Instructions for Schedule K-1. Do not include any statutory employee income or any other amounts exempt from self-employment tax ................ c. Enter any net farm profit or (loss) from Schedule F, line 36, and from farm partnerships, Schedule K-1 (Form 1065), box 14, code A.* Reduce any Schedule K-1 amounts as described in the instructions for completing Schedule SE in the Partner's Instructions for Schedule K-1.Do not include any amounts exempt from 1a. 1,373 1b. 2a. 2b. 18,937 self-employment tax 2c. ........................................................... d. If you used the farm optional method to figure net earnings from self-employment, enter the amount from Schedule SE, Section B, line 15. Otherwise, skip this line and enter on line 2e the amount from line 2c 2d. ........................................................... e. If line 2c is a profit, enter the smaller of line 2c or line 2d. If line 2c is a (loss), enter the (loss) from line 2c 2e. 3. Add lines 1 a, 1 b, 2a, 2b, and 2e. If zero or less, stop. Do not complete the rest of this worksheet. You do not qualify for the making work pay credit 3. 20,310 4. Enter any amount included on line 1a that is: a. A scholarship or fellowship grant not reported on Form W-2 4a. b. For work done while an inmate in a penal institution (enter "PRI" and this amount on the dotted line next to line 7 of Form 1040 or Form 1040A) 4b. c. A pension or annuity from a nonqualified deferred compensation plan or a nongovernmental section 457 plan (enter "DFC" and this amount on the dotted line next to line 7 of Form 1040 or 1040A). This amount may be shown in box 11 of your Form W-2. If you received such an amount but box 11 is blank, contact your employer for the amount received as a pension or annuity 4c. 1,373 ......................................................................... 5.a. Enter any amount included on line 3 that is also included on Form 2555, line 43, or Form 2555-EZ, line 18. Do not include any amount that is also included on line 4a, 4b, or 4c above. 5a. ................ b. Enter the portion, if any, of the amount from Form 2555, line 44 that you also included on Schedule E in partnership net income or (loss) or deducted on: 1040, line 27; Schedule C, C-EZ, or F 5b. c. Subtract line 5b from line 5a 5c. ....................................................... Enter the amount from Form 1040, line 27 6. 806 ........................................................................ Add lines 4a through 4c, 5c, and 6 7. 2 , 17 9 Subtract line 7 from line 3. Enter the result here and on Schedule M, line 1 a 8. 18,131 *If you have any Schedule K-1 amounts and you are not required to file Schedule SE, complete the appropriate line(s) of Schedule SE, Section A. Put your name and social security number on Schedule SE and attach it to your return. Form 1040 1 Net Earnings from Self-Employment Worksheet Name REX A. CUFF Taxpayer Identification Number Taxpayer Spouse Farm profit or (loss) Schedule F ...................................................................... Farm Partnerships - Schedule K-1, box 14, code A Auto expense from farm partnerships ........................................... ( ) ( ) Amortization from farm partnerships ......................................... ( ) ( ) Depreciation & Section 179 from farm partnerships , , . ......... ( ) ) Depletion from farm partnerships ( ) ( ) Other expenses from farm partnerships ( ) ( ) Home office expenses from farm partnerships . ............ ( ) ( ) Unreimbursed partnership expenses from farm partnerships ( ) ( ) Farm adjustment to SE Income .................................................... Net farm profit or (loss) - Schedule SE line 1a 0 0 Conservation Reserve Program payments to social security/disability benefit recipients ( 0) ( 0 ) included on Sch F, In 6b or listed on Sch K-1 (Form 1065), box 20, code Y - Sch SE line 1b Nonfarm profit or (loss) Schedule C (excluding minister Schedule C income reported below) 18,937 Nonfarm partnerships - Schedule K-1, box 14, code A Auto expense from nonfarm partnerships ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ( ) ( ) Amortization from nonfarm partnerships .................. . . . . . .... ( ) ( ) Depreciation & section 179 from nonfarm partnerships ( ) ( ) Depletion from nonfarm partnerships ( ) ) Other expenses from nonfarm partnerships ( ) ( ) Home office expenses from nonfarm partnerships ( ) ( ) Unreimbursed partnership expenses from nonfarm partnerships ... , ...... S ) ( ) Employee business expenses - Form 2106 (excluding minister 2106 expenses reported below) ( ) ( ) Nonfarm adjustment to SE income Self-employment income reported as other income Self-employment income from contracts and straddles Minister/clergy self-employment income (from Clergy Worksheet Page 4, line 6) Net nonfarm profit or (loss) - Schedule SE line 2 18,937 0 Other income items subject to and/or exempt from self-employment tax Fees received for services performed as a notary public ( ) ( ) Earnings while debtor in a chapter 11 bankruptcy case Self-employed health insurance deduction from Form 1040, line 29 .................... ( 7,536) ( ) Net adjustment included on Schedule SE, line 3 - 7 , 5 3 6 0 Net profit (loss) from self-employment activities - Schedule SE line 3 11,401 0 Church employee income - Schedule SE, Page 2 line 5a Form 1040 Self-Employed Health Insurance Deduction Worksheet <>'»» Name of person with self-employment income (as shown on Form 1040) Taxpayer Identification Number REX A. CUFF ?- Description CONSULTING SERVICES Form/Schedule C Unit number 1 1. Enter the total amount paid in 2010 for health insurance coverage established under your business for 2010 for you, your spouse, and your dependents. Effective March 30, 2010, your insurance can also cover your child who was under age 27 at the end of 2010, even if the child was not your dependent. But do not include the following. *Amounts for any month you were eligible to participate in a health plan subsidized by your or your spouse's employer or, effective March 30, 2010, the employer of either your dependent or your child who was under the age of 27 at the end of 2010. *Any amounts paid from retirement plan distributions that were nontaxable because you are a retired public safety officer. *Any amounts you included on Form 8885, line 4. *Any qualified health insurance premiums you paid to "U.S. Treasury-HCTC". OAny health coverage tax credit advance payments shown in box 1 of Form 1099-H. *Any payments for qualified long-term care insurance (see line 2) 1. 7 , 5 3 6 2. For coverage under a qualified long-term care insurance contract, enter for each person covered the smaller of the following amounts. a) Total payments made for that person during the year. b) The amount shown below. Use the person's age at the end of the tax year. $330 ----if that person is age 40 or younger $620 ---if age 41 to 50 $1,230 ----if age 51 to 60 $3,290 ----if age 61 to 70 $4,110 ---if age 71 or older Do not include payments for any month you were eligible to participate in a long-term care insurance plan subsidized by your or your spouse's employer ................ . .... . 3. Add lines 1 and 2 ......................................................................................... 3. 7,536 4. Enter your net profit and any other earned income from the trade or business under which the insurance plan is established. Do not include Conservation Reserve Program payments exempt from self-employment tax. If the business is an S Corporation, skip to line 11 4. 18,937 5. Enter the total of all net profits from: Schedule C, line 31; Schedule C-EZ, line 3; Schedule F, line 36; or Sch K-1 (1065), box 14, Code A; plus any other income allocable to the profitable businesses. Do not include Conservation Reserve Program payments exempt from self-employment tax. Do not include any net losses shown on these schedules. 5. 18,937 6. Divide line 4 by line 5 ....................................................................................... 6. 1.0000 7a. Complete Schedule SE (Form 1040) as a worksheet. When completing Section A, line 3, or Section B, line 3, of the worksheet Schedule SE, treat the amount from Form 1040, line 29 as zero. Enter on this line the amount shown on that worksheet Schedule SE, Section A, line 6, or Section B, line 13 7a. 1,338 7b. Multiply line 7a by the percentage on line 6 7b. 1,338 8. Subtract line 7b from line 4 .................................................................................. 8. 17,599 9. Enter the amount, if any, from Form 1040, line 28 attributable to the same trade or business in which the health insurance plan is established 9. 10. Subtract line 9 from line 8 ................................................................................... 11. Enter your Medicare wages (Form W-2, box 5) from an S corporation in which you are a more-than-2% shareholder and in which the health insurance plan is established ........................................................... 12. Enter the amount from Form 2555, line 45, attributable to the amount entered on line 4 or 11 above, or any amount from Form 2555-EZ, line 18, attributable to the amount entered on line 11 above. When completing Form 2555, line 44, use the deduction figured on line 7a above (in place of the amount from Form 1040, line 27) that is allocable to the excluded income .................................................... 13. Subtract line 12 from line 10 or 11, whichever applies .......................................................... 14. Self-employed health insurance deduction. Enter the smaller of line 3 or line 13 here and on Form 1040, line 29. Do not include this amount in figuring any medical expense deduction on Schedule A (Form 1040) .................. 10. 17,599 11. 12. 13. 17,599 14. 7,536 Form 1040 Tax Refund Worksheets Name Taxpayer Identification Number REX A. CUFF 2009 2008 2007 1. State and local tax refunds ..................................... 1. 955 2a. State and local tax refunds with no tax benefit derived due to AMT 2a. 2b. Sales tax benefit reduction ............ . 2b. 520 .. ...................... 3. Net state and local tax refunds. Subtract lines 2a and 2b from line 1 3. 435 4. Total itemized deductions from Schedule A .......... 4. 22,045 ............ 5. Standard deduction ........................................... S. 8,850 6. Subtract line 5 from line 4. If result is zero or less, STOP here The amount on line 3 is not taxable ........ 6. 13,195 ..................... 7. Enter the smaller of line 3 or line 6 .............................. 7. 435 8. Taxable income (If taxable income is negative amount, enter that amount in brackets. Adjust taxable income for any NOL carryover.) 8. 57,545 9. Enter the following amount to include on Form 1040, line 10: If line 8 is: ................................................... 9. 435 • 0 or more, enter the amount from line 7. • A negative amount, add lines 7 and 8 and enter net amount, but not less than zero. Tax Refund Worksheet for Itemized Deduction Limitation 2009 2008 2007 1. State and local tax refunds subject to phase-out 1. 2a. State and local tax refunds with no tax benefit derived due to AMT 2a. 2b. Sales tax benefit reduction ..................................... 2b. 3. Net state and local tax refunds. Subtract lines 2a and 2b from line 1 3. Itemized deductions before state and local tax refunds: 4. Adjusted gross income 4. 5. AGI threshold ............................................ 5. 6. Line 4 minus line 5 6. 7. Itemized deductions before phase-out ........................... 7. 8. Itemized deductions subject to phase-out 8. 9. Multiply line 6 by 3% (.03) 9. 10. Multiply line 8 by 80% (.80) 10. 11. Phase-out (smaller of line 9 or line 10 (times 1/3 for 08/09; 2/3 for 07)) 11. 12. Allowable itemized deductions (line 7 minus line 11) 12. Itemized deductions adjusted for state and local tax refund: 13. Adjusted itemized deductions before phase-out (line 7 minus line 3) 13. 14. Adjusted itemized deductions subject to phase-out (line 8 minus line 3) ........................................... 14. 15. Multiply line 14 by 80% (.80) 15. 16. Adjusted phase-out (smaller of line 9 or 15 (times 1/3 for 08/09; 213 for 07))16. 17. Adjusted itemized deductions allowed (line 13 minus line 16) 17. 18. Standard deduction 18. 19. Enter the larger of line 17 or line 18 19. 20. Taxable refund to be reported on Form 1040, line 10 (line 12 minus line 19) Federal Statements Amount Allocated to Tax Paid in the Following Year Description Amount PA 1. 2009 PAYMENT PAID IN 2010 $ 0 2. 2009 EXTENSION PAID IN 2010 0 3. 2009 ADDITIONAL PAYMENT PAID IN 2010 0 4. TOTAL 2009 PAYMENTS PAID IN 2010(SUM OF LINES 1 THROUGH 3) 0 5. TOTAL PAYMENTS ON THE 2009 RETURN 955 6. TOTAL 2009 OVERPAYMENT/REFUND 955 7. 2009 REFUND ATTRIBUTABLE TO TAX PAID IN 2010 $ 0 (LINE 4 DIVIDED BY LINE 5 MULTIPLIED BY LINE 6) 8. STATE/LOCAL TAX REFUND (LINE 6 MINUS LINE 7) $ 955 Tax Refunds with No Tax Benefit Derived Due to AMT Description Amount 1. TOTAL REFUND ATTRIBUTABLE TO 2009 (SUM OF ALL STATE/LOCAL) $ 955 2. 2009 REGULAR TAX 9,234 3. 2009 AMT 155 4. 2009 TOTAL TAX (LINE 2 + LINE 3) 9,389 5. 2009 FEDERAL MARGINAL TAX RATE 0.2500 6. TENTATIVE NO BENEFIT (LINE 3 DIVIDED BY LINE 5) 620 7. ADJUSTMENT (SMALLER OF LINE 1 OR LINE 6) 620 8. RECALCULATED 2009 ITEMIZED DEDUCTIONS 21,425 9. RECALCULATED 2009 TAXABLE INCOME 58,165 10. RECALCULATED 2009 TAX 9,396 RECALCULATED 2009 TAX USING SCH D TAX WRK OR QDCGTW 0 RECALCULATED 2009 FORM 8615 0 RECALCULATED 2009 SCHEDULE J 0 11. RECALCULATED 2009 AMT 0 12. NEW 2009 TAX (LINE 10 + LINE 11) 9,396 13. 2009 STATE AND LOCAL REFUNDS NOT TAXABLE IN 2010 0 (NEW TAX IS GREATER THAN OLD TAX, PARTIAL BENEFIT NEEDS TO BE DETERMINED) Form 1040 IRA Distribution Report Name Taxpayer Identification Number REX A. CUFF Gross Distribution Taxable Amount T/S Payer 1099-R Box 1 1099-R Box 2a [less rollover amount] A MEMBERS 1ST FEDERAL CREDIT UNION 180 180 B C _ D _ E _ F _ G _ H I _ J _ _ K _ L _ M _ N _ O _ Taxpayer 180 180 Spouse Total 180 180 Traditional IRA Original Qualified Amount Of Federal State Local Converted to Conversion or Roth IRA Rollover Withholding Withholding Withholding Roth IRA Recharacterization Distribution A B C D E F G H I J K L M N O Tp Sp Total Form 1040 1 Pension/Annuity Report Name Taxpayer Identification Number REX A. CUFF T/S Payer Gross Distribution Rollover Taxable Amount SIEMONS A DEFINED BENEFIT PLANS 9,815 _ 9,815 _ B _ SIEMONS DEFINED BENEFIT PLANS 19,629 _ 19,629 C D E F G - - H I - - K L M N O Taxpayer 29,444 29,444 Spouse Total 29,444 29,444 Capital Gain Public Safety Officer Federal State Local Distribution Exclusion Withholding Withholding Withholding A B C D E F G H 1 J K L M N O Taxpayer Spouse Total Form 1040 Salaries & Wages Report Name Taxpayer Identification Number -REX A. CUFF US Employer Federal Wages Federal Withheld Soc Sec Wages A _ SIEMONS NON-QUALIFIED PLANS 1,373 B _ C _ D E - F _ G _ H _ I _ J _ K _ L _ M Taxpayer Spouse Totals 1, 373 Soc Sec Withheld Medicare Wages Medicare Withheld Allocated Tips Advanced EIC Dep Care Ben Other, Box 14 A B C D E F G H i J K L M Taxpayer Spouse Totals fate tats ages tats Withheld Name of Locality Local Wages Local Withheld A PA 1,373 WESTAB-C. 131 1,373 B _ C _ D _ E _ F _ G _ H _ I _ J _ K _ L _ M Taxpayer Spouse Totals 1,373 1,373 Two Year Comparison Report - Page 1 Form 1040 Name _ REX A. CUFF Taxpayer Identification Number ? 2009 2010 Differences Filing Status HH HH Dependents claimed 2 2 1. Salaries and wages 1. 30,662 1,373 -29,289 2. Interest income 2. ......................................... 3. Tax exempt interest income 3. 4. Dividend income 4. ........................................ 5. Qualified dividend income 5. ................................ 6. Taxable state/local refunds 6. 435 435 ............................... 7. Alimony received 7. 1 8. Business income/loss 8. -3,290 18, 937 22,227 n .................................... 9. Capital gain/loss 9. -1,502 1,502 c 10. Other gains/losses 10. 0 11. Taxable IRA distributions 11. 50,628 180 -50,448 m ................................. 12. Taxable pensions 12. 101 29,444 29,343 e ....................................... 13. Rent and royalty income including farm rental 13. 14. Partnership/S corp income 14. ............................... 15. Estate or trust income 15. ................................... 16. Farm income/loss 16. ....................................... 17. Unemployment compensation 17. 12,941 30,141 17,200 ............................ 18. Taxable social security 18. ................................... 19. Other income .. ...... .. 19. 11000 -11000 ............................. .. .. 20. Total income 20. 90,540 80,510 -10,030 A 21. Moving expenses . ... 21. d .............................. .... . 22. SE tax adjustment 22. 806 806 u 23. SEP/SIMPLE/Qualified plans deductions 23. s ................... 24. SE health insurance 24. 7 , 53 6 7,536 t ..................................... 25. Forfeited interest 25. 26. Alimony paid 26. e n ............................................ 27. IRA deductions 27. t ......................................... 28. Student loan interest . . . ... 28. s .......................... . .. .. 29. Other adjustments ...... ........... . 29. ................ .. .. 30. Adjusted gross income _ . , , , ... . , 30. 9 0 , 5 4 0 72,168 -18,372 31. Medical .. ..................................... 31. D ...... ... 32. Taxes 32. 4,584 768 -3,816 e .................................................. 33. Interest .. . . . . . .. . .... .... 33. 4,770 3,130 -1,640 d ............ . .. .. ...... .. .. . . . 34. Contributions* ontributions 34. 1,960 2,700 740 u ........................................... 35. Casualty losses 35. c ......................................... 36. Miscellaneous expenses .. . . .. ........... 36. 10,731 -10,731 t . .. . ........... . 37. Allowable itemized deductions .......................... 37. 22,045 6 , 5 9 8 ;; 4... . 38. Standard deduction ......... . . . . . . ........ 38. 8,850 8, 4 0 0 ;`»>>':^trx0 0 n . . . . ........ . . . 39. Deduction taken . .. .. ................ .. . 39. ITEMIZED 22,045 STANDARD 8,400 -13,645 s . ..... ... . ... ... 40. Subtract line 39 from line 30 40. 68,495 63,768 -4,727 41. Exemptions 41. 10,950 10,950 42. Taxable income .. ... 42. 57,545 52,818 -4,727 EXHIBIT "C" SCHEDULE C Profit or Loss From Business ) I (Form 1040 (Sole Proprietorship) Department of the Treasury ? Partnerships, joint ventures, etc., generally must file Form 1065 or 1065-B. Internal Revenue Service (ss) 110- Attach to Form 1040, 1040NR, or 1041. 110p, See Instructions for Schedule C For OMB No. 1545-0074 2010 Name of proprietor Social securit number (SSN) REX A. CUFF A Principal business or profession, including product or service (see instructions) B Enter code from pages C-9,10, 811 CONSULTING SERVICES ? 541600 C Business name. If no separate business name, leave blank. D Employer ID number (EIN), If any REX CUFF - CONSULTANT E Business address (including suite or room no.) ? .. , ...1116 TUNBRIDGE . . . LANE . . . . . . . ..... .. .............. City, town or post office , state, and ZIP code MECHANICSBURG PA 17055 F Accounting method: (1) X Cash (2) Accrual (3) Other (specify) ? G Did you "materially participate" in the operation of this business during 2010? If "No," see instructions for limit on losses X Yes No .......... H If you started or acquired this business during 2010, check here ..... , .._. _ ............................................................ ? ........ 1 ............. Gross receipts or sales. Caution. See instructions and check the box if., • This income was reported to you on Form W-2 and the "Statutory employee" box on that form was checked, or ? D 3 5 7 3 2 • You are a member of a qualified joint venture reporting only rental real estate 1 , income not subject to self-employment tax. Aiso see instructions for limit on losses. 2 Returns and allowances ............................................ . .... 3 . .................................... Subtract line 2 from line 1 3 32,357 4 Cost of goods sold (from line 42 on page 2) 5 Gross profit. Subtract line 4 from line 3 5 32,357 6 Other income, including federal and state gasoline or fuel tax credit or refund (see instructions) 6 7 Gross income. Add lines 5 and 6...........• .............................................................. ? 7 32,357 !>It> Expenses. Enter ex enses for business use o ...................... f our home only on line 30. 8 Advertising 8 18 Office expense ..............•.... .... 18 _ 9 Car and truck expenses (see 19 Pension and profit-sharing plans 19 instructions) .................... 9 20 Rent or lease (see instructions): 10 Commissions and fees 10 a Vehicles, machinery, and equipment 20a 11 Contract labor (see instructions) 11 b Other business property 20b 12 Depletion 12 21 Repairs and maintenance .......... .... 21 13 Depreciation and section 179 22 Supplies (not included in Part III) 22 expense deduction (not 23 Taxes and licenses 23 included in Part III) (see 24 Travel, meals, and entertainment: ..:.::,::.. instructions) 13 a Travel •••..,••••••••,•,•.......•. .... 24a 7,790 14 .................... Employee benefit programs b Deductible meals and (other than on line 19) 14 entertainment (see instructions) 24b 1,930 15 Insurance (other than health) 15 25 Utilities 25 16 Interest: 26 Wages (less employment credits) 26 a Mortgage (paid to banks, etc.) 16a 27 Other expenses (from line 48 on b Other ......................... 16b page 2) ......................... ..... 27 3,700 17 Legal and professional services 17 :.::::::. ::•:::• ::::::::::::::.:::.::.;•:::::::::::::::: 28 Total expenses before expenses for business use of home. Add lines 8 through 27 ? 28 13,420 29 Tentative profit or (loss). Subtract line 28 from line 7 ........................................................ ..... 29 18,937 30 Expenses for business use of your home. Attach Form 8829 .............................. 30 31 Net profit or (loss). Subtract line 30 from line 29. • If a profit, enter on both Form 1040, line 12, and Schedule SE, line 2, or on Form 1040NR, line 13 (if you checked the box on line 1, see instructions). Estates and trusts, enter on Form 1041, line 3. 31 18,937 • If a loss, you must go to line 32. 32 If you have a loss, check the box that describes your investment in this activity (see instructions). • If you checked 32a, enter the loss on both Form 1040, line 12, and Schedule SE, line 2, or on Form 1040NR, line 13 (if you checked the box on line 1, see the line 31 instructions). Estates and 32a 8 All investment is at risk. trusts, enter on Form 1041, line 3. 32b Some investment is not • If you checked 32b, you must attach Form 6198. Your loss may be limited. at risk. For Paperwork Reduction Act Notice, see your tax return instructions. Schedule C (Form 1040) 2010 DAA REX A. CUFF Schedule C (Form 1040) 2010 CONSULTING SERVICES Page 2 Cost of Goods Sold (see instructions) 33 Method(s) used to value closing inventory: a n Cost b F] Lower of cost or market c Other (attach explanation) 34 Was there any change in determining quantities, costs, or valuations between opening and closing inventory? If "Yes," attach explanation ............................................................................................ Yes 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation ..... _ ... 35 36 Purchases less cost of items withdrawn for personal use ......................................................... 37 Cost of labor. Do not include any amounts paid to yourself .. . ......... . . . ... . ...... . ...... . . ... . 38 Materials and supplies ........................................................................................ 39 Other costs ................................................................................................ 40 Add lines 35 through 39 .......... . .................................................................... .......................... 41 Inventory at end of year ............................................................. 11 No 42 Cost of goods sold Subtract line 41 from line 40 Enter the result here and on page 1, line 4 ........................ 1 42 1 €iF?i?1\{?€ Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 ...:::..:............. and are not required to file Form 4562 for this business. See the instructions for line 13 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes? (month, day, year) ? 44 Of the total number of miles you drove your vehicle during 2010, enter the number of miles you used your vehicle for: r? ,41 MAUREEN M. CUFF, Plaintiff V. REX A. CUFF, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-4869 CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER rte-? ? v AND NOW, 2011, E. Robert Elicker, III, Esquire is appointed Master with respect to the following claims: divorce, equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses. By the Court: ?54'. O.F J Distribution: /Samuel L. Andes, Esquire, P.O. Box 168, Lemoyne, PA 17043 8 ! ?? 1 'I (717) 761-5361 (phone); (717) 761-1435 (fax); lawandes(a)aol.com (e-mail); Attorney for Plaintiff pt6 John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033, (717) 533-3280 (phone); (717) 533-7771 (fax); jic(a)jsdc.com (e-mail); Attorney for Defendant E. Robert Elicker, III, Esquire, Cumberland County Divorce Master, 9 North Hanover Street, - In Carlisle, PA 17013; (717) 240-6535 (phone); (717) 240-7890 (fax) John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant MAUREEN M. CUFF, Plaintiff V. REX A. CUFF, Defendant ';LEIS-GF ICS.: r, r l 7 THE PRO I t'OI?17 ;AE?l 2012 JAN 13 AM 11, 35 r UMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4869 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Date of Marriage: April 11, 1994 Date of Separation: June 1, 2005 Divorce Complaint filing date: September 19, 2005 1. ASSETS A. Marital Property See attached spreadsheet marked Exhibit "A". B. Non-marital Property of Husband Current Value Reason for Exclusion Husband's IBM Pension $112.00 per month Pre-marital. (approximately) C. Non-marital Property of Wife To be provided by Wife. A 2. EXPERT WITNESSES Husband knows of no expert witnesses at this time. However, Husband reserves the right to supplement this answer should such become available or necessary. Husband may need to call an actuarial expert with respect to the marital portion of the survivor benefit of his Siemens Retirement. Reasonable notice of same will be provided. 3. NON-EXPERT WITNESSES With the exception of the parties, Husband knows of no non-expert witnesses at this time. However, Husband reserves the right to supplement this answer should such become available and necessary. 4. EXHIBITS To be set forth prior to hearing. Notwithstanding same, Husband intends to offer the following as exhibits, if necessary: (1) Husband's 2010 and 2011 Tax Returns. (2) Husband's Income and Expense Statement. (3) Documentation regarding the asset values as set forth on Exhibit "A". (4) Documentation confirming the credits due Husband identified in paragraph 10 of Husband's Pre-trial Statement relative to debts. (5) Documentation regarding Wife's income. 5. NET INCOME A. Plaindff/Wife - Wife is employed as a licensed therapist whose current income is presently unknown as Wife has not filed her Income and Expense Statement, nor her Inventory form. B. Defendant/Husband - Husband is self-employed as a consultant. According to his 2010 tax return (Schedule C), he earned an annual net income of $18,937.00. Husband has no other earned income. Based upon unemployment compensation and pension distributions, Husband earned a total adjusted gross income in 2010 of $72,168.00 as reflected in his 2010 tax return. 6. EXPENSES Plaintiff/Wife has raised a claim for alimony; however, has not filed an Expense Statement. 7. PENSIONS/RETIREMENT A. Plaintiff/Wife - Wife maintains employment related retirement benefits through TIAA/CREF. B. Defendant/Husband - Marital portion of Siemens Savings Plan/Pension. Marital portion of Siemens 401(k). Husband maintains a non-marital pension with IBM. 8. COUNSEL FEES Defendant/Husband has not raised a claim for counsel fees. 9. PERSONAL PROPERTY DISPUTE It is believed that the parties have reached an agreement with the contents of the marital residence and that each shall retain those items in the parties' respective possession. 10. DEBTS Husband seeks the following credits from Wife, pursuant to their agreement, as follows: A. Mortgage payments made by Husband relative to the marital residence from April 12, 2007 to October 6, 2010) - $55,858.63. B. Expenses paid by Husband to have the marital residence prepared and ready for sale - $14,418.88. C. Personal Loan from Husband to Wife - $7,000.00. D. Husband's payment for the cost of service for Wife's vehicle - $565.18. E. The Domestic Relations credit owed to Husband - $5,520.83. 11. PROPOSED RESOLUTION Husband proposes that there be an equal division of the marital assets. 12. ESTIMATED LENGTH OF TRIAL One day. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: (' a - I By: Attorneys for Defendant P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 N Q t r O O r ' rF. V N ?O CY O Co W c r ? r N V N p c ?.. m C-4 E -..' O ? wa ..aw U p x h? 7 - N ( O O aA. OO e O O } O N -0 CD ? N N O ; d 0)'O ? ? .D O 3 N ? N N ? C? O O} N N r7{? -qr O C L U m a .?. V N N kN_ f0 00 15 co c X LO U r` D O Co O U O O x-, 0) LO CY) cc > «7 Z t; =.n N N 69 f c N 69 X O) 4- E N _ r W O O fC co f fC 0 r+ > r; M 3 ti C 0 CU a?., C >''?- O O t j 7 N O O +? 1 ; Ur C U O p,...`V i 1.. t 't.L a U ca O ?- Q m CD C N M L Q t ` (D (53 C U i U U) ''- N C M a cc .. +, L m. N U ?Gy U.. w a W m U N O (u a 0 Q U p U (D C Y ? (D C: o 0 N c s N CO o cu N j (U cu 7I? . U - ' ? ^ ° C Q v m d 3 . o ri 0 m j s Fe 0) °o cu 5 , LO N CO (0 p 0 c m - L O (OQ D Tom. f= N c 70 Ca U C C cu 0 cu - y . L C Co ?.. m . U) w u o 1 4 o c co c a a as co E a c 10 a °' o Cl) m _ a) c ?o Cl) C c 411 N ? c m ? L) ? a 2 a o° co o`T ------ ---- -- _ N N m a MAUREEN M. CUFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4869 REX A. CUFF, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Defendant, Rex A. Cuff, hereby certify that I have served a copy of Defendant's Pre-trial Statement on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Dated: f - 0 " I ()- By: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-0168 JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant MAUREEN M. CUFF, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA v• : N0.2005-4869 REX A. CUFF, : CNIL ACTION -LAW DEFENDANT IN DIVORCE ~ n ~ Z'" ~ ~ ., ~~ L3'~ PETITION TO REVOKE 3 ~~ APPOINTMENT OF MASTER ~ ~~ - -~ -~ .c w 1. On August 9, 2011, E. Robert Elicker, III, Esquire, was appointed Master in the above-captioned matter to consider the issues raised in the proceedings. 2. The parties have resolved all issues pursuant to a Marital Settlement Agreement. 3. The undersigned therefore requests that the appointment of E. Robert Elicker, III, Esquire be revoked. Respectfully submitted, I Samuel L. Andes, Esquire Attorney I.D. # 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Respectfully submitted, -... _, ; •F i..... fT'~ d a --•~ S~ ~_ ~f ---+ ~s Attorneys for Plaintiff Attorneys for Defendant Hershey, PA 17033 (717)533-3280 MAUREEN M. CUFF, : IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2005-4869 REX A. CUFF, : CNIL ACTION -LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE [, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly LLP, attorney for the Defendant, Rex A. Cuff, hereby certify that I have served a copy of the foregoing Petition to Revoke Appointment of Master on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-0168 E. Robert Elicker, III, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ' ~ 1 ~ By: Jo . Conne ly, Jr. o . #15615 P.O. Box 650 Hershey, PA 17033-0650 (717)533-3280 ~., - r _' I t. i1 .F(( ~ - yn Pti ~- -T F'ENNSYL~J~~tI€~ MAUREEN M. CUFF, Plaintiff vs. NO. 2005-4869 REX A. CUFF, ~,~ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the above-named Plaintiff, by her attorney Samuel L. Andes, and moves the court to enter the attached Qualified Domestic Relations Order in this matter to implement one of the terms of the parties' property settlement. Both parties and both counsel have consented to the order and its entry, as evidenced by their signatures on the last page of the order. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 MAUREEN M. CUFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V S. CIVIL DIVISION REX A. CLIFF NO.2005-4869 CIVIL. TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: ~ ~ C 1. Ground for divorce: ~ ~ ;~, `~ Irretrievable breakdown under § (3301(c)) and ~~ ~ ' = -. § (3301(dx 1)) of the Divorce Code. ~ ~= ~ ~ f- =~ (Strike out inapplicable section.) f,,`<_ ~ ~ ~,' 2. Date and manner of service of the complaint: ~ ~ --~ .' ~' 3. Complete either paragraph (a) or (b). ~' ~ (a) Date of execution of the affidavit of consent required by § 3301(c) of they-` ~ ~~~ -~ Divorce code: by plaintiff24 September 2012 ~ by defendant 5 September 2012 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: None 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 plaintiffs Waiver of Notice was filed with the Prothonotary: 24 September 2012 and filed on 25 September 2012 Date defendant's Waiver of Notice was filed with the Prothonotary: 5 September 2012 and filed on 25 September 2012