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06-0672
KAREN J. VARVEL Plaintiff VS. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0(c - 4pla cl«LL ?- CIVIL ACTION - LAW IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, may request marriage counselling. A list of marriage counselors is available at: The Office he Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, nsvlvania 17013. 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 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • R.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 KAREN J. VARVEL IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. RALPH B. VARVEL, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. Si usted quiere defenderse de demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al de la fecha de la demanda y la notificacion. Usted debe presentar Una apariencia escrita o en persona o por abogado y archivar en la e en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden ra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la cion do demanda. Usted puede perder dinero o sus propiedades o otros derechos ortantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 MEYERS, DESFOR, SALTZGIVER 8 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 KAREN J. VARVEL IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA RALPH B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Karen J. Varvel, by and through her attorneys, Meyers, , Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: Plaintiff is Karen J. Varvel, an adult individual who currently resides at 1402 Viewmore Drive, Carlisle, Pennsylvania. Defendant is Ralph B. Varvel, an adult individual who currently resides at 52 Pine Tree Lane, Shermans Dale, Pennsylvania. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on June 19, 1997 in Winchester, Virginia. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. The Defendant is not a member of the United States Army or its allies. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request the court require the parties to participate in counseling, being so advised, Plaintiff waives that right. MEYERS, DESFOR, SALTZGIVER & BOVLE 410 NORTH SECOND STREET • PO. BOX 1062 • HARRISBURG, PA 17108 (717)23R-9428 • FAX(717)236-2817 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Karen J. Varvel respectfully requests this Honorable Court a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNTI EQUITABLE DISTRIBUTION 10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully set forth herein. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under the Divorce Code. 2. Plaintiff requests that this Honorable Court equitably distribute all marital property pursuant to the Divorce Code. WHEREFORE, Plaintiff, Karen J. Varvel respectfully requests this Honorable Court distribute all property, both real and personal, tangible and intangible, acquired by the during their marriage. COUNT II ALIMONY PENDENTE LITE, SUPPORT, COUNSEL FEES AND EXPENSES Paragraphs one through twelve of the Complaint are incorporated by reference as if fully set forth herein. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 14. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel, and the payment of costs. 15. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and unable to appropriately maintain herself during the pendency of this action. 16. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 17. Defendant has adequate earnings to provide support and alimony pendente lite to the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff, Karen J. Varvel respectfully requests this Honorable Court the Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and of this action. COUNT III ALIMONY 8. Paragraphs one through seventeen of the Complaint are incorporated by reference as if fully set forth herein. 9. Plaintiff lacks sufficient property to provide for her reasonable needs. Plaintiff is unable to sufficiently support herself through appropriate employment. Defendant has sufficient income and assets to provide continuing support and to pay alimony to the Plaintiff. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 WHEREFORE, Plaintiff, Karen J. Varvel respectfully requests this Honorable Court compel Defendant to pay alimony to Plaintiff. Respectfully submitted, v\u Laurie A Saittigeit 1 Attorney LD. 61382\?\q Meyers, Desfor, it 410 North Second Stn P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Karen J. Varvel , verify that the statements made in this Complaint in Divorce are true and correct to the be of my knowledge, information and belief. I understand that fal statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 2/1/06 11 74 ( g) P( ) Defendant MEYERS, OESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108 (717) 236-9428 • FAX (717) 236-2817 .([1 rJ t ) +hhi? f"° ? f Il r- tN _ r (rp?,? KAREN J. VARVEL IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-672 RALPH B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE PROOF OF SERVICE OF COMPLAINT IN DIVORCE ¦ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Prim your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maliplece, or on the front If space permits. 1. Article Addressed to: Ralph B. Varvel 52 Pine Tree Lane Shermans Dale, PA 17090 A. X D. Is delivery address da It YES, ender delivery 0. Date of Delivery Yas DEVERY 3. Service Type d CoMW Mail O Express Mail O Regetered ? Return Receipt for Merdwndes Q Insured Mail ? C.O.D. 4. Reelr ytIlBiba Feel 10Ms 2. Article Number --- lflaMei from aervfoe 1e6e1J 7005 1160 0002 3035 2148 Ps Fore 3811, August 2001 Domaeac Return Reaelpt 1 i1 IM MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 KAREN J. VARVEL IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-672 RALPH B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 7" day of February, 2006, that a copy of the foregoing Proof of Service of Complaint in Divorce was mailed, first-class, postage pre-paid to: Ralph B. Varvel 52 Pine "free Lane Shermans Dale, PA 17090 Laurie A. Saltzgiver, Esquire Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 '> -;; _, •?T) _ ? ???? ?l ?., (v ?' ? . ? , C„ KAREN J. VARVEL, Plaintiff VS. RALPH B. VARVEL, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-672 : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE Please enter the appearance of the firm of Broujos & Gilroy, P.C. and Hubert X. Gilroy, Esquire, on behalf of Defendant Ralph B. Varvel in the above case. BROUJOS & GILROY, P.C. By 4_ e, Hubert X. Gilr Attorney for , Esquire Broujos & ilroy, P.C. 4 North anover Street Carlis , PA 17013 717 43-4574 ? , ?- ._, "1. ? ?`, ? -- r ?? t1 ` s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, / PENNSYLVANIA Plaintiff 1 Vs File No. (? ?o 7 C + 1 e !m ??? : IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] I! prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of ?-? t ) ) 42-'4? , and gives this written notice avowing his /her intention pursuante provisions of 54 . S. 704. Date:'q Si tyre COMMONWEALTH OF PENNSYLVANIA COUNTY OF On the 4 day of ` 200 6, before me, the Prothonotary or the notary public, personally appeared the above affiant Imown to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ? ? 24 NOTARIAL SEAL jProthonotary or Notary Pu C PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COWSM EXPIRES JANUARY 4, 2010 ?? ?. V ?` "F v A-- <: , .._. A ? t KAREN J. MILLER, IN THE COURT OF COMMON PLEAS ;formerly Karen J. Varvel) Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 06-672 RALPH B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO AMEND CAPTION THE PROTHONOTARY: Please amend the caption in the above-referenced action to reflect the Plaintiff's name from Karen J. Varvel to Karen J. Miller pursuant to the Notice to Resume Prior Surname which was filed in the Prothonotary's office on April 10, 2006, a copy of which is hereto. Laurie A. Saltzgi\?er, 1? quixU Attorney I.D. 61382 \\ Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 1- PENNSYLVANIA Plaintiff 1 f I e ?m Vs File No. ) - 7 G : v; IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marling "x"] prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of 4 1 ?- and gives this written notice avowing his / her intention pursuant e provisions of 54 S. 704. Date:"` ? 77 Siatirre COMMON-WEALTH OF PENNSYLV. NLf. COUNTYOF Cti??e??anc() On the ) a day of 2001 before me, the Prothonotary or the r notary public, personally appeared the above affiant Rnown to me to be the person whose name is subscribed to the within document and aclmowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. //d e NOTARIAL SEAL Prothonotary or Notary Pu c PROTHONOTARY, NOTARY PUBLIC MA COPY FROM P.C ? "i i CARLISLE CUMBERLAND COUNTY COURTHOUSE T0860" WAerW, I iiere UOIO so fit e , MY COMMISSION EXPIRES JANUARY 4, 2010 a" " SBIQ Court fo- Cal1w OQ KAREN J. MILLER, IN THE COURT OF COMMON PLEAS (formerly Karen J. Varvel) Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-672 RALPH B. VARVEL, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 12th day of April, 2006, that a copy of the foregoing Praecipe to Caption was mailed, first-class, postage pre-paid to: Hubert X. Gilroy Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 Laurie A. Saltzg ver, Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • PO. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 r_: f' ? (. J ?? Gi -c KAREN J. MILLER, (formerly Karen J. Varvel) Plaintiff VS. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES AND NOW, comes the Petitioner, Karen J. Miller, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files the following Petition for Alimony Pendente Counsel Fees and Expenses and in support thereof avers as follows: Petitioner is Karen J. Miller, an adult individual who currently resides at 1402 Viewmore Drive, Carlisle, Pennsylvania. (hereinafter known as "Wife") Respondent is Ralph B. Varvel, an adult individual who currently resides at 52 Pine Tree Lane, Sherman Dale, Pennsylvania. (hereinafter known as "Husband") The parties were married on June 19, 1997 in Winchester, Virginia and separated on November 20, 2005. A Complaint in Divorce was filed on February 2, 2006. Said Complaint in Divorce contains a count requesting Alimony Pendente Lite, Counsel Fees, Costs and Expenses. Husband is currently employed as a truck driver for Roadway Express. Husband's approximate yearly gross income is $70,000.00. The Wife is presently employed as a receptionist for a hair salon. Wife earns $11.00 per hour. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Since the date of separation, Wife has received no money from Husband. By reason of this action, Wife will be put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs and expenses. 10. Wife is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 11. Wife's income is not sufficient to provide for her reasonable needs and to pay attorney's fees and the costs of this litigation. 2. Husband has adequate earnings to provide support and alimony pendente lite for the Wife and to pay her counsel fees, costs and expenses. WHEREFORE, the Petitioner, Karen J. Miller respectfully requests this Honorable to grant her a conference for Alimony Pendeme Lice proceedings. Respectfully Laurie`j?'. SaNI r, Esq Attorney LD. 61 ?8 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)2360428 Attorney for Petitioner MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, TLaran Varvnl now Karen Pifer verify that the statements made in this Petition for Alimony Pendente Lit e, Comnsel Fees, Costs and Expenses are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 4/19/06 ( g ) Plai tiff ( ) Defendant MEYERS, OESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236 9428 • FAX (717) 236-2817 KAREN J. MILLER, ;formerly Karen J. Varvel) Plaintiff vs. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this A day of , 2006, a copy of the attached for Alimony Pendente Lite, Counsel Pees, Costs and Expenses was mailed, postage to: Hubert X. Gilroy Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle. PA 17013 C Laurie AASa Attorney for MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karen J. Miller (formerly Karen T Varvel), Plaintiff NO. 06-672 V. Ralph B. Varvel Defendant CIVIL ACTION - LAW IN DIVORCE DRS ATTACH?=NT FOR APL PROCEEDINGS PETITIONER NAME Karen J. Miller (formerly Karen J. ADDRESS 1402 Viewmore Dr., Carlisle, PA BIRTH DATE October 5, 1960 SOCIAL SECURITY NUMBER 208-52-0993 HOME PHONE (717)448-3128 (cell) WORK PHONE (717)249-2026 EMPLCYER NAME Salon Debonair EMPLOYER ADDRESS 28 West Louther St., Carlisle, PA JOB TITLE/POSITION Receptionist DATE EMPLOYMENT COMMENCED Approximately July 2000 GROSS PAY $11.00 per hour NET PAY $279.99 weekly OTHER INCOME 4None ATTORNEY'S NAX-2 ATTGB.NHY'S P.DDRESS Laurie A. Saltzgiver, Esquire ?? , 410 N. Second St., Harrisburg, P ATTOP,NEY'S PHONE N-CMBER (717)236-9428 arve l ) RESPONDENT NAME Ralph B. Varvel ADDRESS 52 Pine Tree Lane, Shermans Dale, BIRTH DATE May 21, 1950 SOCIAL SECURITY NUMBER 167-42-1730 YOME PHONE ( (717)448-9454 (cell) WORK PHONE EMPLOYER NAME Roadway Express EMPLOYER ADDRESS 1077 Gorge Blvd. Box 471, Akron, 0 JOB TITLE/POSITION (Truck Drive DATE EMPLOYMENT COFT[ENCED Ap roximately 1988 CROSS PAY NET PAY (Approximately $70,000.00 I $1,119.61 weekl _ OTHER INCOME Unknown ATTORNEY'S NAM;; (Hubert X. Gilroy, Esquire ATTORNEY'S ADDRESS 4 N. Hanover Street, Carlisle, T ATTORNEY'S PHONE N-UMEER, 1(717)243-4574 A 3 44309 MAR,IAGE INFGRt_?TION DATE OF MARRIAGE June 19, 1997 PLACE OF MP.RRIAGB ( Winchester, Virginia DATE OF SEPARATION November 20, 2005 ADDRESS OF LAST MARITAL HOME 5Pine Tree. Lane, Shermans Dale, DESCRIPTION OF DOCUMENT RAISING APL CLAIM Complaint in Divorce DATE APL DOCUMENT FILED (February 2, 2006 PA r-_ KAREN J. MILLER, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-672 CIVIL TERM RALPH B. VARVEL, IN DIVORCE Defendant/Respondent PACSES CASE NO: 329108444 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 19th day of July, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Tuesdav August 12.2006 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on July 19, 2006 to: Petitioner Respondent Laurie A. Saltzgiver, Esq. Hubert X. Gilroy, Esq. / Date of Order: July 19, 2006 . J. St day, Conference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 - _i, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KAREN J. MILLER ) Docket Number 06-672 CIVIL Plaintiff ) vs. ) PACSES Case Number 329106444 RALPH B. VARVEL ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 22ND DAY OF AUGUST, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE filed on APRIL 24, 2006 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER REQUEST FOR ALIMONY PENDENTE LITE CONFERENCE. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: J /Lesley Ole-r, kvr. , DRO. R.J. Shadday V Form OE-506 Service Type M Worker ID 21005 Q rCl; m RT r Fm i. rN> U crz KAREN J. VARVEL n/k/a, KAREN J. MILLER, Plaintiff VS. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION -LAW IN DIVORCE MOTION TO COMPEL DISCOVERY AND NOW comes the Plaintiff, Karen J. Miller, by and through her attorneys, Meyers, , Saltzgiver & Boyle, and files the following Motion to Compel Discovery and in support avers as follows: Movant is Karen J. Miller, Plaintiff in the above-captioned action (hereinafter "Wife"). Respondent is Ralph B. Varvel, Defendant in the above-captioned action (hereinafter "Husband"). The parties were married on June 19, 1997 and subsequently separated on November 20, 2005. Wife filed an action in divorce on February 2, 2006, which is still pending. Wife's complaint in divorce includes counts for equitable distribution, alimony pendente lite, spousal support, counsel fees and expenses, and alimony. During the marriage, Wife worked as a receptionist for a hair salon earning approximately $20,000 annually. During the marriage, Husband worked as a truck driver earning approximately $70,000 annually. 7. The parties own various marital assets, including but not limited to checking and 2 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 T savings accounts, retirement accounts, and real estate, all of which are at issue in equitable distribution. On April 18, 2007, Wife served upon Husband a Request for Production of Documents, as permitted by Rule 4009.11 of the Pennsylvania Rules of Civil Procedure. See Plaintiff's Request for Production of Documents to Defendant attached hereto and hereinafter referred to as Exhibit "A." Husband's responses to Wife's Request for Production of documents were due on May 18, 2007. 1 10. On May 23, 2007, Wife sent a letter to Husband seeking the responses to the Request for Production of Documents. See correspondence attached hereto and hereinafter referred to as Exhibit "B." j11. On June 1, 2007 Wife received incomplete responses from Husband. See Defendant's Response to Plaintiffs Request for Production of Documents attached hereto and hereinafter referred to as Exhibit "C." 112. Husband's responses to Wife's Request for Production of Documents are deficient in the following manner: a. In response to Request 44, Husband provided incomplete federal income tax returns for 2005 and 2006 and did not provide state or local income tax returns. See Exhibit "C." b. In response to Request #8, Husband's response is incomplete in that Husband provided random checking and savings account statements from 2005 and 2007. 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 T See Exhibit "C." C. In response to Request #9, Husband's response is incomplete in that Husband did not provide any check registers. See Exhibit "C." d. In response to Request #10, Husband's response is incomplete in that Husband did not provide any credit card statements, but responded that Husband "had a Discover card at separation" and "had a Sears Mastercard at separation." See Exhibit "C." e. In response to Request #12, Husband's response is incomplete in that Husband provided only year-end Statements of Benefits from the Central Pennsylvania Teamsters Pension Fund for 2005 and 2006. See Exhibit "C." f. In response to Request #13, Husband's response is incomplete in that Husband did not provide any documentation as requested. See Exhibit "C." g. In response to Request #18, Husband's response is incomplete in that Husband admitted that he has a life insurance policy through Central Pennsylvania Teamsters but did not provide the requested documentation. See Exhibit "C." 13. Before filing the instant Motion to Compel, Wife sought supplemented answers from Husband via correspondence dated July 19, 2007. See letter attached hereto and hereinafter referred to as Exhibit "D." 114. Husband was advised in the July 19, 2007 letter that Wife would file a Motion to Compel if the supplemented responses were not provided within one week. See Exhibit "D." To date, Wife has not received a response to her letter and has interpreted 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Husband's failure to respond as consent to file the instant Motion to Compel. 5. The documents that Wife has requested relate to property and assets that were either acquired during the marriage or that increased in value during the marriage and are therefore subject to equitable distribution. 6. The divorce is unable to proceed without the documents requested by Wife as she will not be able to pursue her economic claims with a full understanding of the parties' financial situation. 7. Husband is required to make a full and fair disclosure of all assets, income, debts and liabilities, or any increase or decrease in value thereof, that may be marital in nature and therefore subject to equitable distribution. 18. Wife has been forced to incur attorneys fees and costs associated with the preparation and filing of this Motion. 19. No judge has previously been assigned to this case. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Wife respectfully requests that this Honorable Court order Husband to produce the requested documents within five (5) business days and to pay Wife counsel fees, sts and expenses incurred as a result of filing this Motion. Respectfully submitted, Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 KAREN J. VARVEL n/k/a, KAREN J. MILLER, Plaintiff vs. B. VARVEL, Defendant PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT Ralph B. Varvel c/o Hubert X. Gilroy, Esq. Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 tzgiver & Boyle, hereby propounds the following request for production of documents and Plaintiff, Karen J. Miller, by and through her undersigned counsel, Meyers, Desfor, things pursuant to Rule 4009.1 et seq. of the Pennsylvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at the law offices IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-672 CIVIL ACTION -LAW IN DIVORCE . Instructions and Definitions Meyers, Desfor, Saltzgiver & Boyle, 410 North Second Street, Harrisburg, Pennsylvania thirty days. Each of the following requests is intended as a separate request. Where a request has please respond to each subpart separately and in full. Do not limit any response to the request as a whole. If you have any objection to any request, please state your objection fully and set forth 410 NORTH I "A" R & BOYLE • HARRISBURG, PA 1710& factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty days of service of these requests upon regardless of the time set for production of the documents and things requested herein. You are reminded that any objections not raised within the thirty day period provided for by C.P. 4009.12 will be deemed to have been waived by you. These requests are not only for documents and tangible things that are owned by you, also for documents and tangible things that are in your possession, custody, or control. This that you must produce all documents and tangible things that are responsive to a request and that are in your possession (regardless of whether they are your property), over which you have control even if they are not in your possession. It also means you must documents and tangible things that are in the possession, custody, or control of your employees, and/or attorneys. Before responding to these requests you are required to make a diligent search of your les and records to ascertain whether you have documents that would be responsive to a given Your agents, employees, and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the terms have the following meanings in these requests, unless a particular request y indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, and/or any other legally cognizable entity. It is contemplated that any corporation MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 or other business entity acts only through its agents, officers, employees, and attorneys, and Irequests that apply to any such legal entity should be construed accordingly. "Plaintiff' means the plaintiff or plaintiffs named in this action. "Defendant" means the particular defendant or defendants in this action to whom this is addressed, as set forth above. "Document", "record", "file", and "report" all refer to and contemplate all written, , or graphic information, whether preserved in writing, on magnetic tape, by electronic in photographic form, on microfilm or microfiche, computer disc, or by any other means information retrieval or storage. "Identify" when used to reference to an individual means: (I) To state his/her full name. (ii) Present residence or last known residence. MEYERS, DESFOR, SAL7ZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 The request is as follows: A copy of your most current paystub, showing year-to-date income, or any other documentation of income received from any source whatsoever for the time period January 1, 2006 to the present. Copies of documentation of any funds or payments received by you, or benefits paid to you or on your behalf as a result of your workers compensation claim, from May 8, 2006 to present. Documentation of any income, payments, funds, or benefits you anticipate receiving in the future as a result of your workers compensation claim, including but not limited to documentation of any and all settlement offers, severance packages, installment payments, or lump sum payments and the like. regardless of whether said offers were accepted or have not yet been rejected. Copies of all federal, state, and local personal income tax returns for 2005 and 2006, including W-2 statements, K-1's, 1099's, and any and all other attachments. If your 2005 income tax returns have not been filed, copies of any and all documentation necessary to complete your 2005 federal, state, and local personal income tax returns, including but not limited to your W-2 statement, K-1's, 1099's, and any other documents, statements, and/or information necessary to complete said returns. If your 2006 income tax returns have not been filed, copies of any and all documentation necessary to complete your 2006 federal, state, and local personal income tax returns, including but not limited to your W-2 statement, K-1's, 1099's, and 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 any other documents, statements, and/or information necessary to complete said returns. Copies of any and all personal financial statements prepared by you or prepared for you by another, for the time period January 1, 2004 to the present. 8. Copies of all itemized monthly statements, including account number, of all checking accounts. both joint and individual, savings accounts, brokerage or security accounts, or any other account held in any financial institution by you or for your benefit or that you hold for the benefit of another or over which you have signatory power, for the time period January 1, 2005 to the present. Original and copies of all check registers, including account number, for all checking accounts held by you, either jointly or individually, or for your benefit, or that you hold for the benefit of another, or over which you have signatory power for the time period January 1, 2005 to the present. 10. Copies of any and all monthly itemized credit card account statements of any credit cards held for you or for your benefit or over which you have use or control, or hold for the benefit of another, for the time period January 1, 2005 to the present. 11. Copies of all Certificates of Deposit from any banking or other financial institutions which are held in your name individually or jointly with another, or which is held for your benefit, from January 1, 2004 to the present. 12. Copies of all monthly statements for any retirement accounts, pension accounts, 401(k) plans, profit sharing plans, Keoghs, IRA's, deferred compensation accounts, or other retirement vehicle from January 1, 2004 to the present. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 13. Current proof of beneficiary on any retirement accounts, pension accounts, 401(k) plans, profit sharing plans, Keoghs. IRA's, deferred compensation accounts or other retirement vehicle. 14. Copies of documentation of any loans made by you to another person or entity, including but not limited to when the loan was given, the source of the funds, use of such funds, repayment schedule, and interest rate charged, for the time period January 1, 2004 to the present. 15. Copies of documentation of any loans received by you from another person or entity, including but not limited to when the loan was given, the source of the funds, use of such funds, repayment schedule, documentation of payments made, and interest rate charged, for the time period January 1, 2004 to the present. 16. Copies of any and all applications made by you, individually or jointly, to any financial institution for any reason, for the time period January 1, 2004 to the present. 17. An itemization and accounting of any and all items purchased by you with any money transferred, redeemed or received from the use of marital assets or from the proceeds thereof, including identification of items purchased, costs and date of purchases and copies of all purchase documents. 18. Copies of all life insurance policies of which you are the owner, insured or beneficiary for the last five (5) years, including proof of beneficiary, face sheet and/or proof of cash value. 6 MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 19. Copies of all disability and/or long-term care insurance policies of which you are the owner, insured or beneficiary for the last five (5) years, including proof of beneficiary, 11 face sheet and/or proof of cash value. I I' 120. Copies of documentation of any unreimbursed medical expenses paid by you or by i? 1 11 another on your behalf for the last five (5) years. I 21. Copies of any and all savings bonds or treasury bonds which are presently held in your Ii name or in your possession or which are held for your benefit. Copies of any and all information pertaining to any employee benefits which you may have as a result of your employment. 123. If you have obtained any appraisals and/or estimates of fair market value of any marital real estate, or any other real estate in which you have any interest whatsoever, within the past five (5) years, please supply a copy of same. 124. Copies of any and all documentation of real estate taxes owed and paid on the marital residence, or any other marital real estate, for the last five (5) years. 125. Copies of the registration cards for any and all motor vehicles which you own or of which you have possession, and approximate fair market value of said vehicles. 126. If you are alleging any physical or mental disability or impairment pursuant to this litigation, please provide a copy of any physicians or other medical practitioners report or statement that has been given to you or prepared on your behalf in the past three (3) years. Additionally, please supply copies of any medical records for any medical treatment or services which you have received due to any alleged disability or 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 HARRISBURG, PA 17108 impairment over the past three (3) years. 27. Copies of any and all mortgage statements or any and all other statements which reflect the current balances of any mortgages, lines of credit, or any and all liens against the marital residence. Copies of any and all documentation and information, whatsoever, regarding any deferred compensation plans and/or severance packages which you have received or anticipate receiving in the near future. MEYERS, DESFOR. SALTZGWER & N Laurie A. Saltzgiver, Esq Attorney I.D. 61382 410 North Second Street P.O. Box 1062 Harrisburg. P-A 17108 Attorney for Plaintiff 8 MEYERS, DESFOR, SALTZGIVER & BOYLE i. 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 i I! I? ?I KAREN J. VARVEL aWa. I'KARE';'-\7 J. MILLER. Plaintiff !':RALPH B. VARVEL. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA : NO. 06-67? CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE ii I hereby certify on this 18th day of April , 2007, that a copy of the foregoing Plaintiff s i ;Request for Production of Documents to Defendant was mailed, first-class, postage pre-paid to: Ralph B. Varvel c/o Hubert X. Gilroy, Esq. Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle. PA 17013 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 1. EMANUEL MEYERS (1915-1970) BRUCE D. DESFOR LAURIE A. SALTZGIVER CATHERINE A. BOYLE DESIREE A. BROUGHER HARRISBURG, PA. 17108 (717) 236-9428 FAX (717) 236.2817 WEBSITE www.meyersdesfor.com EMAIL IsattzgwrOmeyersdesfoccom cboyh4meyersdesfoccom obrougher6meyersdesfor.com Mav 23. 2007 VIA FAX & U.S. MAIL Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 RE: - Karen J. Miller v. Ralph B. Varvel Dear Hugh: I served a Request for Production of Documents on your client on April 18. 2007. To date, I have not received your client's answers to this request. Please forward vour client's answers to this request by May 31, 2007. If I do not receive the answers by that time. I will be forced to file a Motion to Compel Discovery and request counsel fees and costs incurred therefore. However. I hope that this will be unnecessary and that receipt of your client's information is forthcoming. Thank you for your attention. LAS/clk cc: Karen Miller Sincerely. Laurie A. Sattzgive P:\F1LES\GeneraPCurrrn[\ 12569\12569. Lra I Created: 9/20/04 0:06PM Revised: 6/ 1 /07 1:36PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant KAREN J. VARVEL, n/k/a KAREN J. MILLER, Plaintiff V. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-672 - CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. See attached pay stubs from August, 2006 through February of 2007. Additionally, Defendant's 2006 tax return is attached to Defendant's Reply to Request for Production Number 4. 2. See documents attached to Defendant's response to number 1. 3. None. 4. Defendant objects to Plaintiff's request for state and local tax returns to the extent that it seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence. See 2005 and 2006 Federal Income Tax returns attached. 5. N/a. 6. N/a. 7. None. 8. Defendant objects to Plaintiff s requests for documents as set forth from January 1, 2005 to the present to the extent that it seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence, and on the basis that it is overly broad, unduly burdensome and oppressive. In lieu of said objection, attached are date of separation and current checking and savings account statements. 9. Defendant objects to Plaintiff's requests for documents as set forth from January 1, 2005 to the present to the extent that it seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence, and on the basis that it is overly broad, unduly burdensome and oppressive. 10. Defendant objects to Plaintiff's request for documents as set forth from January 1, 2005 to the present to the extent that it seeks information which is neither relevant nor likely to lead to the discovery of admissible evidence, and on the basis that it is overly broad, unduly burdensome and oppressive. By way of further response, Defendant had a Discover card at separation with a zero balance. He had a Sears Mastercard at separation which has since been closed. He is waiting for a new statement with his account number and contact information to obtain a date of separation statement of balance, which will be provided when received. 11. None. 12. See attached. 13. Mr. Varvel has no documentation of the beneficiary on his retirement, but has not changed that beneficiary from Mrs. Varvel at this time. 14. None. 15. See attached. 16. None. 17. N/a. 18. The only life insurance Mr. Varvel has is through the Central Pennsylvania Teamsters and he has no statements or current documentation on that. 19. None. 20. None at this time. 21. None. 22. None. 23. None. 24. See attached. 25. See attached. 26. See attached. Medical records have been requested from Mr. Varvel's Worker's Compensation attorney, Ronald Tomasko of Mette, Evans & Woodside and will be provided upon receipt. 27. See attached. 28. N/a. Dated: June 1, 2007 Hfibef? Gilroy, Esquire Jenni er . Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Department of dre Treasury - Intemal Revenue Service 2006 1 Form 1040 U.S. Individual Income Tax Return (99) IRS Use Only - Do riot wee or staple in eas space. For the year Jan 1- Dec 31, 2006, or other tax year begbw*V 2006, enckM '20 OMB No. 15+5.0024 Label Your Irv name MI Last name Your social security number (See instructions.) Ralph B Va rve l 167-42-1730 K a joi t realm, spouse's first name MI Last name Spouse's social security number Use the IRS label. 208-52-0993 Otherwise, Horne address (number and street). If you have a P.O. box see instructions. Aparm,em no. You must enter your please print or type. 52 Pine Tree Lane social security number(s) above. City, lawn or post office. If you have a foreign address, see instructions. State ZIP code ta below vd not Presidential Shermans Dale PA ax ebA. 17090-0000 ?yourt Election Campaign ' (fleck here if you, or your spouse a tiling joinlly, want $3 to go to title fund? (see instrwcilions) .......... ? ? You Spouse Filing Status Check only one box. 1 Single 4 U Head of household (with qualifying person). (See 2 Married fig jointly (even I only one had income) instructions.) If the qualifying person is a child but not your dependent, enter this child's 3 Marred fig separately. Enter spouse's SSN above b full name here ? name here. ? Karen J Varvel 5 n Quagft widow(er) with dependent child (see instructions) Exemptions 6a Yourself. If someone can claim you as a dependent, do not check box 6a....... .. Box" ctme M ........................................ b se . No. or children (2) Dependent's (3) Dependent's (4) If on le c Dependents: social security relationship m+ number to you cued ? acid with yet ' ' • des not ? ? e rotrs) 1 First name Last name ( you Iiw r ue ivorce d w ( n - trs)o- If more than onto f d entered above our depen ents, see instructions. AA Ones numbers d Total number of exemptions claimed . . . ..... . ............. ...... . . .. bow . 1 ? l l 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ... . . ............. ..... 7 39,997. Income 8 a Taxable interest. Attach Schedule B if required .. . . .... .... ...... 8 a 17. b Tax-exempt Interest Do not include on line 8a .. . . .... 8 b Adwh Form(s) 9 a Ordinary dividends. Attach Schedule B If required . . ..... . 93 W-2 here. Also b QuaMW dividends (see insbs) ....... ...... . ..... 9 b attach Forms W-2G and 1099-R 10 Taxable rekxnds, crednts, or offsets of stale and local income taxes (see instnIctiolo 10 323. if tax was withlldd. 11 Alimony received .... . ..... . . . ..... . . ................... 11 12 Business income or (loss). Attach Schedule C or C-EZ ............. .... 12 9 you dd rot get a W-p 13 Capkal gain or (loss). Alt Sch D if reqd. If not reqd, dt here ... ............ ? 11 13 see instructions. 14 Other gains or (losses). Attach Form 4797 ..... . ........... ...... 14 15a IRA distributions ....... 158 b Taxable amount (see instrs) .. 15b 16a Pensions and annuities ... 168 b Taxable amount (see instrs) 16b 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E ... . 17 Enclose, but do 18 Farm income or (loss). Attach Schedule F ..... . ............... ...... 18 not attach, any 19 Unemployment compensation ... ........... ..... . . . . . . . . . . . 19 payinent- use Also, u 20a Social security benefits...... I 20a l f b Taxable amount (see instrs) .. 0 b Form 10464. 21 Odier income --------------------------------- - 21 - -- 22 Add the amounts in the far right column for lines 7 throw 21. This is your total income .. ? 22 40,337. 23 Archer MSA deduction. Attach Form 8853 . ... . . . .... 23 Adjusted 24 Certain business expenses of reservists artists, and fee-bases Gross goverrxrnent officials. Attach Form 2106 ar 2106-E . ... . . . . ... 24 Income 25 Health savings account deduction. Attach Form 8889 . . ... 25 26 Moving expenses. Attach Form 3903 . . . . ... . . . . ... 26 27 One-half of self-employment tax. Attach Schedule SE . . .. . 27 28 Self-employed SEP, SIMPLE, and qualified plans .. . . ... 28 29 Sea-employed health itstxame deducbm (see instructions) .. ..... 29 30 Penalty on early withdrawal of savings . . . . .. . . . .. . . 30 31 a Alimony paid b Recipienrs SSN . .. ? 208-52-0993 . 31 a 3,400. 32 IRA deduction (see instructions) .. . . . . . .. . . . . . .. 32 33 Student loan interest deduction (see instructions) . . . . ... 33 34 Jury duty pay you gave to your employer . . . . . . . . . . .. 34 35 Domestic production activities deduction. Attach Form 6903. . . . . . .. 35 36 Add lines 23 - 31 a and 32 - 35 . . . .. . . . . . . . . . . . . . .... ... . . . . . . . . . . . 36 3,400. 37 Subtract line 36 from line 22. This is our adjusted gross income . . ? 37 36,937. BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FOIAO112 11/17106 Form 1040(2006) 17- 4ndn /7nmi PA l TIh R VAYVPI Tax and 36 Amount from line 37 (adjusted gross income) .... . . .. . ..... . . . . . 38 36,937. Credits 39a Check F H You were born before January 2, 1942, 8 Blind. Total boxes it 1 Spouse was born before January 2, 1942, Blind. checked s- 39a Standard Deduction b 9 your spouse itemizes on a separate retum, or you were a dual-status alien, see instrs and ck here ? 39 b for - 40 Il inized deductions (from Schedule A) or your standard deduction (see left margin) ..... ... ... . h 40 10,005. e w o k chec ed any box 41 Subtract line 40 from line 38 . . . . . . . . . . .. . . . . .... . . ... .. . . .. . . . 41 26,932. on line 39a or h 39b _ ded hd?snq by 42 9 line 38 is over $112,875, you provided to Humcane o can or w e, lty 300 by the total rtt exempharts clam .. ..... ed on line 6d $ insauctions. 42 3,300. be claimed as a 43 Taxable income. Subtract One 42 from line 41. dependent, see 9line 42 is more than line 41, enter 4 .. ...... .............. ... 43 23,632. Instructions. 44 Tax (see instrs). Check II any tax is from: a [] Form(s) 8814 b [-] Form 4972 . ..... . . . . .... 44 3,166. • All others: 45 Alternative minimum tax (see instructions). Attach Form 6251 ... ....... . ..... 45 Single or Married 46 Add lines 44 and 45 . . . . . . . . . . . . . .... . . . . . .. . . ... . . . . . .. ? 46 3,166. filing separately, 47 Foreign tax credit. Attach Form 1116 if required ... . . ... 47 $5,150 48 Credit for chid and dependent care expenses. Attach Form 2441 .. ... 48 Married filing i l 49 Credit for the elderly or the disabled. Attach Schedule R . ... 49 nt y or jo Quallfyi 50 Education credits. Attach Form 8863 ... . ..... . . ... 50 id 51 R t i t ib ti di ti A h F 8 w ow(err , remen sav ngs con r ons cre e u t. ttac orm 880 ... 51 $10,300 52 Residential energy credits. Attach Form 5695 ...... ... 52 Head of 53 Chid tax credit (see nstructlons). Attach Form 89011 required ... ... 53 household, 7 0 54 Credits Iron: a [] Form 8396 b Q Form 8839 cP Form 8859 . 54 ,55 $ 55 Other credits. Check applicable box(es): a Form 3800 b [-] Form c [ ]Form 55 _ 1 56 Add lines 47 through 55. These are your total credits . . .... .. . ...... ..... 56 57 Subtract line 56 from line 46. if fine 56 is more than line 46, enter -0- ........ .. .. ? 57 3,166. 58 Self-employment tax. Attach Schedule SE ... . . . . ... . . . . ... . ..... . . . . ... . 58 Other 59 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 ..... ..... 59 Taxes 60 Ad66onal tax on IRAs, other qualified retirement plans, etc. Attach Form 53291 required ..... ...... 60 61 Advance earned income credit payments from Form(s) W-2, box 9 .. ...... . . ..... 61 62 Household employment taxes. Attach Schedule H ... . ............. .. ... 62 63 Add lines 57-62. This is your total tax ? 63 3,166. 64 Federal income tax withheld from Forms W-2 and 1099 . . . . 64 7,487. Payments 65 2006 estimated tax payments and amount applied from 2005 return . . .. 65 have If you qualifying a 66a Earned Income credit (EIC) . ............. . ... 66a child, attach b Nontaxable combat pay elecIm . . ? 66b Schedule EIC . 67 Excess social security and tier 1 RRTA tax witltteld (see instwctions) ... 67 68 Additional child tax credit. Attach Form 8812 ...... . ... 68 69 Amouuu paid will request for extension to fie (see nswcdons) .... .. 69 70 Payments from: a []Form 2439 b E] Form 4136 e E] Form 8685 70 71 Credit for federal telephone excise tax paid. AUach Form 89131 required .. 71 30. 72 nod lies 64, e5, We. and 67 khrough 71. Tress are your total ? 72 7,517. Refund 73 9lne 72 is more than line 63, subtract line 63 from One 72. This is the amount you wimpaid .. . . . . .. 73 4,351. Direct deposit? 74 a Amount of line 73 you want refunded to you. If Form 8888 is attached, check here .. ? [] 74 a 4,351. See instructions ? b Routing number .... . 1031312123 ? cType: Checking Savings and All in 74b, ? d Account number ..... 1369536-0 74c, and 74d or Form 8888. 75 Amount of line 73 you want applied to your 2007 esdwailed tax ? 75 Amount 76 Arsourut you owe. Subtract line 72 from line 63. For decals on how to pay, see inshttcUOrs ........ ? 76 You Owe 77 Estimated tax penalty see instructions 77 I A7-42-1730 Pane 2 Third Party uo you wane to avow ananer person to discuss tors rel m with the IRS (see ilMxttons)? . . .... U Yes. Complete the following. U No Designee name°ea°B°°$ ? no'.. ? =(PIN) ? Under ==of perjoy, I declare that I have examined this return and accompanying schedules and shdamenb, and to the best o(my knowledge and Sign belie(, , correct and complete. Declaration of preparer (other than taxpayer) is based on all inromnation of which preparer has any knowledge. Here your signature Date Your occupa*m Joint return? Daytime phone number See instructions. Truck Phone Keep a copy Spouse's signature. If a joint return, both must sign. Date spouse's oom"tion for your records. Paid Preparer's Use Only s , sginature Date I Prepares SSN or PTIN Check if Firm's name Self-Prepared (or yours t o'mdo)•' EIN address, and so ZIP code Phone no. FDIAO112 11107106 Form 1040 (2006) SCHEDULE A It i d D d ti OMB No. 1545-0074 em ze e uc ons (Form 1040) `+ 200V nth Reve ue se (e9) ' Attach to Forth 1040. ' See Instructions for Schedule A (Form 1040). AUschmat Sequence No. 07 Name(s) shown on Fam 1040 Your social seeurity number Ralph B Varvel 1167-42-1730 Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medical and dental expenses (see instructions) .... . . . . . ... . . . 1 Dental Expenses 2 Enter amount from Form 1040, line 38 .. ( 2 3 Multiply line 2 by 7.5% (.075) .. .. ..... .......... 3 4 Subtract line 3 from line 1. If line 3 is more than line 1, enter -0. . ..... . . ..... ..... 4 Taxes You 5 State and local income taxes .. ........... . .... 5 2,254. Paid 6 Real estate taxes (see instructions) . . .... . . . .... . 6 (See 7 Personal property taxes ............ ......... 7 instructions.) 8 Other taxes. List type and amount ------------ 8 ------ - -- -------------------- - 9 Add lines 5 8 9 2,254. Interest 10 Horne mho tnnlerest and points reported to you on Form 1098 ......... 10 3,257. You Paid 11 Home nod" interest not reported to you on Form 1098.9 pad to the person ' from whom you bought the home, see insinwoois and show do person s name, ide gyinng r o9w, and address ? (See --------------- --------------- instructions.) ------------------------------ Note. ------------------------------ - ----------------------------- 11 Personai 12 Points not reported to you on Form 1096. See instrs for spd hies ...... . 12 inott rest is 13 Investment interest. Attach Form 4952 if required. deductible. (See instrs.) ..... . ................ ...... 13 14 Add lines 10 through 13 ...................... ... .... ......... 14 3,257. Gifts to 15 Gifts by cash or check. If you made any gift of $250 or Charity more, see instrs . . . . ....... ....... . ..... 15 If you made a gift and 16 Other than by cash or check. If any gift of $250 or got a benefit for it see more, see instructions. You must attach Form 8283 if , over $500 ..... . ........ .............. 16 200. instructions. 17 Carryover from prior year ..... . ............. 17 18 Add lines 15 through 17 ...................................... 18 200. Casualty and Theft Losses 19 Casualty or theft loss(es). Attach Form 4684. See instructions . .. ... .. . . ..... . . .. 19 Job Expenses 20 Urlreimbtursed employee expenses - job travel, union dues, and Certain job education, etc. Attach Form 2106 or 2106-EZ if us required. (See instructions.) m- - Deductions -------------- ------------------------------ See Form 210_6 2106-E_Z ---------4, 993. - 20 4,993. 21 _ Tax preparation fees . ... .. ........ ....... 21 40. (See 22 Other expenses - investment, safe deposit box, etc. List instructions.) type and amount -------------------- -------------------- - - - - - - - - 23 . Add lines 20 through 22 ...... . 23 5,033. 24 Enter amorist from Form 1040, fne 38 ... 24 36,937. 25 Multiply line 24 by 2% (.02) .. . . . . . ... . . . . . . .. . 25 739. 26 Subtract line 25 from line 23. If line 25 is more than tine 23, enter -0 . . 26 4,294. Other 27 Other - from list in the instructions. List type and amount ? -------- -- Miscellaneous ------ Deductions ------------ ------------------------- ------- 27 Total 28 Is Form 1040, line 38, over $150,500 (over $75,250 if Itemized married filing separately)? Deductions No. Your deduction is not limited. Add the amounts in the far right column for lines 4 through 27. Also, enter this amount on Form 1040, line 40. ? 28 10 005 n , . Yes. Your deduction may be limited. See instructions fnr the amount to PntPr 29 If you elect to ilernize deductions even though #" are less than your standard deduction check here,, n I BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. FDIA0301 11107106 Schedule A (Form 1040) 2006 Department of the Treasury - Intemal Revenue Service Form 1040 U.S. Individual Income Tax Return 2005 For the Year Jan 1- Dec 31, 2005, or other tax year be*m*q 2005, endin Label Your ftstname MI Lad name (See instructions.) Use the IRS label. Otherwise, please print or type. Presidential Election Campaign - Do rat write or staple in tlds sps OMB No. 1545-0074 Your social security number 167-42-1730 Spouse's social securtty number 208-52-0993 You must enter your social security number(s) above. Checking a box below will not charge your tax or refund. ? ? You 11 Spouse Filing Status 1 single 4 U Head of household (with qualifying person). (See Instructions.) If the qualifying person is a child i 2 ncome) Married Bfng jointly (even iI ody one had but not your dependent, enter this child's Check only 3 Marred tiling separately. Enter spouse's SSN above & full name here ? one box. name here. ? Karen J Varvel 5 n awying widow(er) wih dependent chid (see Instructions) Exemptions 6a Yourself. If someone can claim you as a dependent, do not check box 6a. ..... . . . on ewe anchedited d 6b . 1 T b Spouse .......................................... No. of chlldmr (2) Dependent's (3) Dependent's (4) it on ee who: c Dependents: social security relationship a?rnn Awed number to you chid nor acid with you . . tax Cra a dw not e 1 First name last name ( li ) Ilve with you due t od h ro r w s. o r at lo n • race instrs) . . If more than onDependents not four dependents, entered sho a see instructions. Add numbers on lines ... ? d Total number of exemotions claimed ...... . ...... . ...... ........ . . ... above 1 7 Wages, salaries, tips, etc. Attach Form(s) W-2 . . .... .. . ..... . . .. ..... . . 7 75,884. Income 8 a Taxable interest. Attach Schedule B if required 8 a 17. b Tax-exempt interest Do not include on line 8a . ...... Bbl Attach Feat(s) 9 a Ordinary dividends. Attach Schedule B if required ...... 9a W-2 hoe. Also b ( hubs) 9 b attach Faros W-2G and 1096-R 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructiorhs) ... . .. .... . 10 75. lf tax was nw0frlreld. 11 Alimony received . ............... . ...... . . ...... .. ..... 11 12 Business income or (loss). Attach Schedule C or C-EZ .... ...... . ....... . . . 12 9 you did riot 9o a W-2, 13 Capital gain or (loss). An Sch D IT regd. 9 not regd, do here ....... ....... . ? 11 13 see instructions. 14 Other gains or (losses). Attach Form 4797 ... .. .. . ....... . ....... 14 15a IRA distnbutions . ...... 15a b Taxable amount (see instrs) 15b 16 a Pensions and annuities ... 16a b Taxable amount (see instrs) .. 16b 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E .. . . 17 Enclose, but do 18 Farm income or (loss). Attach Schedule F ..... ............. .. .... . 18 not attach, any 19 Unemployment compensation ... ......... . . ...... . ....... . 19 payment. Alm, use ple.ase 20 a Social wanly benefits ...... 20 a b Taxable amount (see instrs) .. 20b am 1090-V. C 21 Other income - ----------------------- - 21 ;dill ------ 22 Add the amounts in the far ht cokurm for iines 7 throw 21. This is r total income . . ? 22 75,976. 23 Educator expenses (see instructions) ..... .. ..... . 23 Adjusted 24 Certain business expenses of reservists, v m' artists, and fee-basis Gross Fmmmert officals. Attach Form 2106 tx 2106 Er ... ...... .. 24 Income 25 Health savings account deduction. Attach Form 8889 ... . 25 26 Moving expenses. Attach Form 3903 ...... .. .... . 26 27 One-half of self-employment tax. Attach Schedule SE ..... 27 28 Self-employed SEP, SIMPLE, and qualified plans . ...... 28 29 Self-employed heakh insurance deduction (see instructions) . . . .. .. 29 30 Penalty on early withdrawal of savings . . .. . . . . . . . . . 30 31 a Alimony paid b Recipients SSN... ? . 31 a 32 IRA deduction (see instructions) . . . . . . . . . . . . . . . . 32 33 Student ban interest deduction (see instructions) . . . . . . . 33 34 Tuition and fees deduction (see instructions) . . . . . .. . . 34 35 Domestic production activities deduction. Attach Form 8903. . . ... . 35 36 Add lines 23 - 31a and 32 - 35 . ... . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . 36 37 Subtract line 36 from line 22. This is our adjusted gross Income . . ? 37 75,976. BAA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FDIA0112 11107ro5 Form 1040 (2005) If a joint return, spouse's tbst name Home address (number and B Varvel MI last name a P.O. bm sea instructions. 52 Pine Tree Lane City, town or poet office. If you have a foreign address, see Dale 99) IRS Use Onh .20 Apartment no. State ZIP code PA 17090-0000 Check here iI you, or your sparse if (fling jointly, wart $3 to go to this fund? (see instruction) ......... . C...... lnwn P)MR1 Aal r7h n Varval 167-42-1730 Panel d 38 Amount from line 37 (adjusted gross income) . . ..... . ' ' ' . ......... . . T 38 75,976. ax an Credits 39a Check You were born it r 8 Spouse was bom before January before January 2 1941, 8 Blind. checked ?s 39a Standard b If your spouse itemizes on a separate return, or you were a dual-status Deduction alien see instructions and check here ? 39b K .... . . ................ L _J , • People who 40 Itemized deductions (from Schedule A) or your standard deduction (see left margin) ... .. ..... . . 40 13,550. checked any box 41 Subtract line 40 from line 38 ... ...... . . ..... . . ....... .. ..... . . 41 62,426. on line 39a or 39b or who can 42 N fine 38 is over $109,475, or you Provided housing to a person displaced by Hurricane Katrina, see a claimed as . Othtnwise, ffxm* ,200 b the total number of exwoons claimed on line 6d . .. .... . . . by 42 3,200. see dependent t, 43 Tanable'keome. Subtract line 42 from li 41. instructions 9line 42 is more than line 41, enter 4 . . . ... . . . . .. . . . . . .... .. . . .. .. . . . 43 59,226. . 44 Tax (see instrs). Check I any tax is from: a [] Form(s) 8814 b [] Form 4972 ..... ...... . .. 44 11,471. • All others: 45 Alternative minimum tax (see instr ictions). Attach Form 6251 ........ ..... . . . 45 44. Single or Married 46 Add fines 44 and 45 ....... ...... .. ....... .. ......... . ? 46 11,515. filing separately' $5 000 47 Foreign tax credit. Attach Form 1116 if required • ..... • . 47 , 48 Credit for chid and dependent care expenses. Attach Form 2441 .. . . . 48 Married filing jointl or 49 Credit for the elderly or the disabled. Attach Schedule R .... 49 y Qualdying 50 Education credits. Attach Form 8863 ..... .. ..... .. 50 $10 000 51 Retirement savings contributions credit. Attach Form 8880 . .. 51 , 52 Chid tax aedk (see instructions). Attach Form 8901 i required ... ... 52 Head of household 53 Adoption credit. Attach Form 8839 ..... . . . ..... .. - 53 , $7,300 ] Form 8859. ....... 54 Credits from: a E] Form 8396 b [ 54 55 Other credits. Check applicable box(es): a []Form 3800 b Q Farm 1 c E] Foos 55 56 Add fines 47 through 55. These are your total credits ..... .... ......... . .. 56 57 Subtract line 56 from One 46. If line 56 is more than line 46, enter -0- ........... ? 57 11,515. 58 Seff-en oymert tax. Attach Schedkte SE ........ ...... .. ............ . . 56 Other 59 Social seamly and Medicare tax on tip income not reported to employer. Attach Form 4137 ....... . .. 59 Taxes 60 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 53291 required .......... . 60 61 Advance earned income credit payments from Form(s) W-2 ................. 61 62 Household employment taxes. Attach Schedule H ...... .. ....... ..... . .. 62 .............................. 63 Add fines 57-62. This is your total tax ? 63 11,515. Payments 64 Federal income tax withheld from Forms W-2 and 1099 - - .. 64 14,613. If you have a 65 2005 estimated tax payments and amount applied from 2004 retlxn .... 65 qualifying 66a Earned Income credit (EIC).. ... ........ 66a child, attach b Nontaxable combat pay election ... ? 66 b Schedule EIC. 67 Excess social seamly and tier 1 RRTA tax wjOtheld (see instructiorks) ... 67 68 Additional child tax credit Attach Form 8812 ... ...... . 68 69 Amount paid with request for extension to lie (see instructions) ...... 69 70 Payments from: a [ ]Form 2439 b E] Form 4136 c U Fan 885 70 _ 71 Add lines e4, 65, 66a, and 67 through 70. .................................. These are your torah pwymwft ? 71 14,613. Refund 72 K fine 71 is more than line 63, subtract lime 63 from line 71. This is the amount you overpaid ... .... .. . 72 3,098. Direct deposit? 73 a Amount of line 72 you want mfunded to you . . ..................... ? 73a 3,098. See Instructions ? b Routing number . .. .. XXXXXXXXX ? c Type: Checking Savings and fill in 73b, 73c, and 73d 11 d Account number . ... . . 74 Amount of line 72 you want appkd to your 2,06 estimated tax - . ? 74 Amount 75 Amount you owe. Subtract line 71 from fake 63. For details on crow to pay, see iustrklctions ........ ? 75 You Owe 76 Estimated tax penalty see instructions . .. . . . ...... 76 Do you wart to slow anWw person to discuss this realm with the IRS (see instructions)? ...... Yes. Complete the follaMng No Third Party Designee name ereeS ? ra?' ? nuPersonal ? mber (PIN) under penalties of perjury. I dedare that I have examined this realm and accompanying schedules and stalemsMs, and b the best of my knowledge end Sign belief. they are true. correct and complete. Declaration of preparer (other than taxpayer) is based on a1 hefonnation of which preperer has any knowledge. Here Your signature Date Your Joint return? ouxupation Daytime phone number See instructions. Truck Phone Keep a copy Spouse's signature. If a joint return. both must sign. Date Spouse's occupation for your records. Preparers i t Paid s gna ure Preparer's Firms name Self- (or e d Use Only yed),? s ef mpto Date G1e Prepared address, and ZIP code FDIA0112 11107105 EIN Phone no. Preparees SSN or PTIN Form 1040 (2005) SCHEDULE A I i d D d ti OMB No. 1545.0074 tem ze e uc on s (Form 1040) 2005 J mRe ue Treasury (99) ? Attach to Form 1040. ' See Instructions for Schedule A (Form 1040). sequerce to. 07 Name(s) shown on Forth 1040 1 Your social security number Ralph B Varvel 167-42-1730 Medical Caution. Do not include expenses reimbursed or paid by others. and 1 Medal and dental expenses (see instructions) . . ..... ....... . 1 Dental Expenses 2 Enter amount from Form 1040, lie 38 .. 2 3 Multiply line 2 by 7.5% (.075) ... .. . . ..... ....... 3 4 .................. Subtract line 3 from line 1. If line 3 is more than line 1, enter -0- 4 5 State and local (check only one box): a Income taxes, or ...... 5 3,157. Taxes You b 8 General sales taxes (see instructions) - Paid 6 Real estate taxes (see instructions) . . . ... .. .. ..... 6 1,600. (See 7 Personal property taxes . . . . . . . . . ... . . . . . .. .. 7 instructions.) 8 Other taxes. List type and amount ? --------------- - - - 9 -- --- -- ---- - Add lines 5 tfr ough 8 .. . ..... ..................... ........ 9 4,757. Interest 10 Home mg iilerest and pairs reported to you on Form 1098 . ........ 10 2,191. You Paid 11 Home mortgage irftest not reported to you on Form 1098.9 paid to the person from whom ou bou ht the home see instructions and show dw erson's mm , y g p , idei*m number, and address ? (See instructions.) ------------------------------ ------------------------------ Note. ------------------------------ ___ __ --------------------- - 11 Personal 12 Folds rat reported to you on Form 1098. See instrs for spd rides ..... 12 interest is not 13 Investment interest. Attach Form 4952 if required. deductible. (See instrs.) . ....... . ..... . . ..... .. ..... 13 14 Add lines 10 through 13 ....... ....... . . ...... . .. ..... ..... . . . 14 2,191. Gigs to 15 a Total gifts by cash or check. If you made any gift of $250 or Charity more, see instrs ..... . .... ... .. ..... 15a 220. b Gifts by cash or dheck after August 27, 2005, a Mat elect to treat as Wali?ed ? gift and a n ib cor 15 b uhorts (see uailuclions)....... got a benefit 16 Other than by cash or check. If any gift of $250 or for it, see more, see instructions. You must attach Form 8283 If instructions. over $500 ......... ..... .... ... .. . .... 16 200. 17 Carryover from prior year ...... ....... .. ..... 17 18 ...................................... Add lines 15a, 16, 617 18 420. Casualty and Theft Losses 19 Casualty or theft loss(es). Attach Form 4684. See instructions. ............... . .. 19 Job Expenses 20 Unreimbursed employee expenses - job travel, union dues, and Certain job education, etc. Attach Form 2106 or 2106-EZ if Miscellaneous required. (See instructions.) ? Deductions -------------- ------------------------------ See Form 2106/2106_EZ----------7,757. 20 7,757. 21 Tax preparation fees .... . . .... . ...... . . ..... 21 35. (See 22 Other expenses - investment, safe deposit box, etc. List instructions.) type and amount ? - ------------------- ------------------------------ 22 23 Add dries 20 through 22 ....... ..... ...... 23 7,792. 24 Enter amount from Form 1040, qne 38 . .. 24 7 5 , L7_§ A. 25 Multiply line 24 by 2% (.02) .. ... . .. ..... . ...... 25 1,520. 26 Subtract line 25 from line 23. If line 25 is more than line 23, enter -0- . ... .. ... ..... . . 26 6,272. Other 27 Other - from list in the instructions. List type and amount ? -- ------- ------ Miscellaneous Deductions --------------------- 27 Total 28 Is Form 1040, line 38, over $145,950 (over $72,975 if MFS)? Itemized Deductions ? No. Your deduction is not limited. Add the amounts in the far right column t-1 for lines 4 through 27. Also, enter this amount on Form 1040, line 40. ? 28 13 ,5 5 0 . R 1 Yes. Your deduction may he limited- See instrurtinns fnr the amrHmt to enter 29 If you elect to ilenrze deductions even thouoh they are less than vox standard deduction, check here ? I i Itemized Deductions Limited per IRC Sec. 68. BAA For Paperwork Reduction Act Notice, see Form 1040 Instructions. FDIA0301 11/1a105 Schedule A (Form 1040) 2005 REPLY TO REQUEST FOR PRODUCTION NUMBER 8 The Bankof Landisburg c5T.4B1 SHED 1003 P0. BOX i79 '_cV 'SaURG. PA 17040 RALPH B VARVEL 52 PINE TREE LN SHERMANS DALE PA 17090 ( Il e-11 LANDfSBURG • BLAIN • SHERMANS DALE TELEPHONE: (717) 789-3213 3695360 Apr 26, 2007 Pg 1 of 1 0 03/27/2007 Beginning Balance Regular DDA 408.88 2 Deposits and Other Additions + 1,413.36 13 Checks and Other Deductions - 883.86 04/26/2007 Ending Balance 31 Days in Statement Period 938.38 -------------------------------------------------------------------------------- ----------------- Deposits and Other additions to your account ----------------- 04/16/2007 Deposit 500.00 04/26/2007 ACH Deposit 913.36 ROADWAY EXPRESS, DIR DEP Checks listed in numerical order; (*) indicates gap in sequence Check -- ------- Date ----------- Amount ---------- Check - Date Amount -- - 1404 03/29 -- 50.00 --------- - 1410 ------------ 04/19 ------------ 75.00 1405 04/04 150.00 1411 04/23 200.25 1406 04/09 50.00 1412 04/20 15.00 1407 04/20 16.97 1413 04/19 13.00 1409* 04/18 104.43 1416* 04/20 30.00 Other Deductions from your account 04/19/2007 ACH Payment 1408 47.30 VZ WIRELESS ARC ARC 04/19/2007 ACH Payment 1415 54.18 .SEARS PAYMENT CHECK PYMT 04/19/2007 ACH Payment 1414 77.73 .RMS/Waste Manage 330-659-5494 CHECK PMTS ---------- -------------- ----- Daily Ending Balance --- ------------- ------------- 03/27 408.88 04/16 658.88 04/20 225.27 03/29 358.88 04/18 554.45 04/23 25.02 04/04 208.88 04/19 287.24 04/26 938.38 04/09 158.88 The Bankof Land isburg ESiABL&4D ,003 =vY ;i9 . 1.ANGiSBILZG, %A ;-,040 RALPH B VARVEL 52 PINE TREE LN SHERMANS DALE PA 17090 LANDiSBURG • BLAIN • SHERMANS DALE TELEPHONE: (717) 789-3213 367015854 Apr 30, 2007 Pg 1 of 1 0 04/01/2007 Beginning Balance Stmt Savings 117.31 2 Deposits and Other Additions + 1,100.16 2 Checks and Other Deductions - 1,030.21 04/30/2007 Ending Balance 30 Days in Statement Period 187.26 -------------------------------------------------------------------------------- ----------------- Deposits and Other additions to your account ----------------- 04/16/2007 Deposit 1,100.00 04/30/2007 Accr Earning Pymt 0.16 Added to Account Other Deductions from your account 04/16/2007 Automatic Loan Pmt 690.21 LN Py 3378624 1 04/20/2007 Automatic Loan Pmt 340.00 LN Py 3416224 1 ----------------------------- Daily Ending Balance ----------------------------- 04/01 117.31 04/20 187.10 04/30 187.26 04/16 527.10 Earnings Summary ** Below is an itemization.of the Earnings ** ** paid this period. ** Interest Paid This Period 0.16 Annual Percentage Yield Earned 0.99 % Interest Paid YTD 1.45 Days in Earnings Period 30 Earnings Balance 197.54 bThegankof Landisbur5 ESiABL&4D 'c33 0,:.;CY1 70 • -AND SSL; 'G, PA 172,'C RALPH B VARVEL 52 PINE TREE LN SHERMANS DALE PA 17090 (11K PJ LANDISBURG • BLAIN • SHERMANS DALE TELEPHONE: (717) 780-3213 367015854 Mar 31, 2007 Pg 1 of 1 0 03/01/2007 Beginning Balance Stmt Savings 147.32 2 Deposits and Other Additions + 1,000.20 2 Checks and Other Deductions - 1,030.21 03/31/2007 Ending Balance 31 Days in Statement Period 117.31 -------------------------------------------------------------------------------- ----------------- Deposits and Other additions to your account ----------------- 03/14/2007 Transfer Deposit 1,000.00 From DDA 3695360 request at teller windo 03/31/2007 Accr Earning Pymt 0.20 Added to Account ---------------------- Other Deductions from your account ---------------------- 03/16/2007 Automatic Loan Pmt 690.21 LN Py 3378624 1 03/20/2007 Automatic Loan Pmt 340.00 IN Py 3416224 1 ----------------------------- Daily Ending Balance ----------------------------- 03/01 147.32 03/16 457.11 03/31 117.31 03/14 1,147.32 03/20 117.11 Earnings Summary ** Below is an itemization of the Earnings ** ** paid this period. ** Interest Paid This Period 0.20 Annual Percentage Yield Earned 0.99 % Interest Paid YTD 1.29 Days in Earnings Period 31 Earnings Balance 240.11 PENNSYLVANIA CENTRAL FCU 959 EAST PARK DRIVE 5 HARRISBURG PA 17111-2810 RALPH MARVEL 52 PINE TREE LN SHERMANS DALE PA 17090-9776 717/564-4661 125COlBP 7427 83203-016 10-01-05 12-31-05 167-42-1730 1 016 SHARE ACCOUNT PREVIOUS BALANCE 166090 100405 WITHDRAWAL 50000- 1160 90 100505 EFT DEP ROADWAY EXPRESS 20000 136090 050924 HOURLY 101205 WITHDRAWAL 120000- 16090 101205 EFT DEP ROADWAY EXPRESS 20000 36090 051001 HOURLY d? 102605 EFT DEP ROADWAY EXPRESS 20000 56090 " 051015 HOURLY } 110205 EFT DEP ROADWAY EXPRESS 20000 76090 051022 HOURLY 110905 EFT DEP ROADWAY EXPRESS 20000 96090 ` 111605 051029 HOURLY EFT DEP ROADWAY EXPRESS 20000 116090 ' F 051105 HOURLY 112205 EFT DEP ROADWAY EXPRESS 20000 136090 051112 HOURLY 112505 WITHDRAWAL 120000- 16090 113005 EFT DEP ROADWAY EXPRESS 20000 36090 051119 HOURLY 120705 EFT DEP ROADWAY EXPRESS 20000 56090 051126 HOURLY 'S EFT DEP ROADWAY EXPRESS 20000 76090 '')03 HOURLY ROADWAY EXPRESS 20000 96090 -v -XPRESS 20000 116090 147 116237 YIELD EARNED IS 00.75% NEW BALANCE 116237 DIVIDENDS THIS ACCOUNT THIS YEAR ----------------------------------------------------------- LOAN PREVIOUS BALANCE 00 AS THIS PERIOD NEW BALANCE 00 -----------YEAR TO DATE TOTALS------------------------------- REGULAR DIVIDENDS .W YEAR FROM PA CENTRAL! NEW YEAR AND A GREAT TIME TO INVEST IN A UNION CERTIFICATE. PA CENTRAL IS NOW NG SPECIAL CD RATES ON NEW DEPOSITS FOR THE DING TERMS: 3 MONTHS AT 3.55% APY, 6 MONTHS 06% APY, AND 12 OR 24 MONTHS AT 4.58% APY! a short Same VITT ii??j'_ _ .._ .i:%i pis'... ...... ... . - . in ... _.__.. .. 13,71 II Z) YJ f J LU ri lI. Z) :j tlf f07NOf 7 RALPH B VARVEL 52 PINE TREE LN SHERMANS DALE PA 17090 TO OUR CUSTOMERS AND FRIENDS, WE EXTEND OUR "BEST WISHES" FOR A JOYOUS HOLIDAY SEASON AND A SUCCESSFUL NEW YEAR. PRIMARY ACCT: 3695360 STATEMENT PERIOD: 10/27/2005 - 11/27/2005 /gaaraa?aama?f??Naasaa??aaaiw???a??loeee+??eesssMaasw?c-?a??sCa?/Nl?aasa??raasw? DEMAND DEPOSIT 3695360 2026 00/00 02 ------------------------------------------------------------------------------------- DESCRIPTION CHECKS DEPOSITS DATE BALANCE BALANCE LAST STATEMENT 10/26 73.20 ACH CREDIT 727.13 10/27 800.33 ROADWAY EXPRESS PPD HOURLY AUTO TRANSFER DEBIT 425.00 10/27 375.33 TO STMT 367015854 OTC CHECK 1228 150.00 10/31 225.33 ACH CREDIT 1,092.47 11/03 1,317.80 ROADWAY EXPRESS PPD HOURLY AUTO TRANSFER DEBIT 425.00 11/03 892.80 TO STMT 367015854 OTC CHECK 1229 75.00 11/07 811.80 OTC CHECK 1230 100.00 11/08 717.80 ACH DEBIT 191.77 11/09 526.03 ACS Express Pay NEB ECHECK PAY RMT*AP*1674217302\ ACH DEBIT 196.36 11/09 329.67 ACS Express Pay WEB ECHECK PAY RMT*AP*1674217301\ ACH CREDIT 982.95 11/10 1,312.62 ROADWAY EXPRESS PPD HOURLY AUTO TRANSFER DEBIT 425.00 ii/10 887.62 TO STMT 367015854 OTC CHECK 1231 100.00 11/15 787.62 ACH CREDIT 698.23 11/11 1,485.85 ROADWAY EXPRESS PPD HOURLY AUTO TRANSFER DEBIT 425.00 11/17 1,060.85 TO STMT 367015854 FED CHECK 1233 40.00 11/18 1,020.85 ACH DEBIT 350.00 11/18 670.85 SEARS PAYMENT ARC CHECK PYMT CHECK 0, 1232 OTC CHECK 1234 100.00 11/21 570.85 ACH CREDIT 319.86 11/23 890.71 ROADWAY EXPRESS PPD HOURLY AUTO TRANSFER DEBIT 425.00 11/23 465.71 TO STMT 367015854 CONTINUED ON PAGE ... 2 rJ:Ji ?fi zUri I. JJ i117i]740f'J PAGE 2 7 RALPH B VARVEL 52 PINE TRES LN SHERMANS DALE PA 17090 TO OUR CUSTOMERS AND FRIENDS, WE EXTEND - OUR "BEST WISHES" FOR A JOYOUS HOLIDAY SEASON AND A SUCCESSFUL NEW YErAR. r Hl7G rJ /- PRIMARY ACCT: 3695360 STATEMENT PERIOD: 10/27/2005 - 11/27/2005 W YYaaaRlMr??s?Ml?YisslAlll?sas.fl??¢s?-?s? N?.ms?aa??l??ss?wt?¢aswlNsas?Al?trs??s???aa DEMAND DEPOSIT 3695360 2026 00/00 02 DESCRIPTION CHECKS DEPOSITS DATE BALANCE OTC CHECK 1235 75.00 11/25 AVERAGE BALANCE FOR THIS STATEMENT CYCLE: $623.31 -- CHECKS REPRINTED IN CHECK NUMBER ORDER -- 390.72 NUMBER...... AMOUNT... DATE NUMBER...... AMOUNT... DATE NUMBER...... AMOUNT... DATE 1228 150.00 10/31 1231 100.00 11/15 1234 100.00 11/21 1229 75.00 11/07 1233* 40.00 11/16 1235 15.00 11/25 1230 100.00 11/08 aa,rca?larr?ssl??rseasss??r:s¢¢nwM? ?rss?asa??s-acca?r-s==aa?s?¢?wsa?s==sslssta=a?arrrr?a??? SUMMARY: ACCOUNT PREVIOUS TOTAL TOTAL SERVICE ENDING .....HUMBER..... ..BALANCE.. .......DEBITS..... ....CREDITS.... CHARGE. ..BALANCE.. DDA 3695360 73.20 15 3,503.13 5 3,820.64 .00 390.71 a?.pl??a???i??rM??v????!¢=?aal?sxasSaa?alftaa¢a!#1?3a aa??.YS::as.?lrssasagY?? 7 VJJ V!! <VV f 11. J? ! l f ! V-).to f j tiM ilia MWOiSCOW or 1s70 tai "rte- ® OL 16 son COii;iaiaic is-ISifgr -1116 OOOM M too .1 or a !? 1 401 able laid 164519450+ M A=00044xw Is 7.-f L .0'L-? KO;iiiaiai? lN;;i?Oi? a!! t50W Check # 123 for 75.1/25/20 rHl C1.3 Ins WW I. ar COSiSia?liC 3i,Sii.Or !i C heck # 12-29 for 575.0 117-07/2009 IZa1 s .E - _ ,o. U-A 40lliilia34 ii?53i?d+ it? Check # 1231 for $100.00 11/15/2005 tnt =?(Ar `r a ML 4Oii3111134 iigsii- a; Ts Check # 12 for $1037.60 M21/2005 RALPH B VARVEL 52 PINE TREL IN SHERMANS DALE PA 17090 TO OUR CUSTOMERS AND.FRIENDS, WE EXTEND OUR "BEST WISHES" FOR A JOYOUS HOLIDAY SEASON AND A SUCCESSFUL NEW YEAR. PRIMARY ACCT: sss !A STATlwiw`iE TF - 367015854 STATEMENT PERIOD: 11/01/2005 '- 11/30/2005 ------ - ---------- ----------- 367015854 (YEAR-TO-DATE INTEREST: 13.67) 11 /02 02 ---_--------•-------------------- -_-_-_ DESCRIPTION DEBIT CREDIT DATE BALANCE BALANCE LAST STATEMENT 10/31/2005 998.94 AUTO TRANSFER DEPOSIT 425.00 11/03/2005 1.,423.94 .FROM DDA 3695360 AUTO TRANSFER DEPOSIT 425.00 11/10/2005 1,848.94 FROM DDA 3695360 AUTO TRANSFER DEBIT 427.38 11/14/2005 1,421.56 PAYMENT FOR 05-0003326683 AUTO TRANSFER DEBIT 690.21 11/16/2005 731.35 PAYMENT FOR LN $3378624 AUTO TRANSFER DEPOSIT 425.00 11/17/2005 1,156.35 FROM DDA 3695360 AUTO'TRANSFER DEPOSIT 425.00 11/23/2005 1,581.35 FROM DDA 3695360 AUTO TRANSFER DEBIT 427.38 11/28/2005 1,153.97 PAYMENT FOR 05-0003326683 ANNUAL PERCENTAGE YIELD EARNED FOR 30 DAYS IS 1.00 % INTEREST EARNED DURING CYCLE PERIOD 1. 13 CURRENT INTEREST RATE 1.00 8 AVERAGE BALANCE FOR THIS STATEMENT CYCLE: $1,374.75 a:axaswllssssssslwlssassswlrwsssoswlrssas a mssssxcxsswlYxxxxa.??iaxsswlatss sx:wstlsssss SUMMARY: ACCOUNT PREVIOUS TOTAL TOTAL SERVICE ENDING .....NUMBER..... ..BALANCE.. .......DEBITS..... . ...CREDITS.... CHARGE. ..BALANCE.. SAV 367015854 998.94 3 1,544.97 4 11700.00 .00 1,153.97 a:xsw!lrsssssslwwrrassw ml -SSxssllssc==awwMSxx===awlsxsxaswscaxxsswws--- --s/sss?:s!! Central Pennsylvania Teamsters Pension Fund 2005 Statement of Benefits Prepared for RALPH VARVEL 52 PINE TREE LANE SHERMANS DALE, PA 17090 We are pleased to present you with this 2005 Statement of Benefits, which provides you with information regarding the amount of benefits you have earned under the following plans: • The Central Pennsylvania Teamsters Retirement Income Plan 1987 • The Central Pennsylvania Teamsters Defined Benefit Plan Much care has been taken in the development and preparation of this comprehensive statement that provides valuable information on your accrued and projected benefits, as well as your vested status in the Fund. Ultimately, we hope this statement will assist you and your family in making important decisions about your future. The Trustees have also provided you with this Statement so that you can help ensure the accuracy of the Fund's records regarding your benefits. We urge you to compare the information contained in the Statement to your personal and employment records. If you believe that this Statement contains incomplete and/or inaccurate information regarding you, your spouse or your employment history, please contact the Fund Office immediately. Please note: This 2005 Statement of Benefits is for your information only. The figures shown on the following pages should not be used for income tax purposes and should not be relied upon as an exact prediction of the benefits that you ultimately may be entitled to receive from the Fund. The projected benefits set forth on this Statement are subject to verification at the time of your actual retirement or death, and the amount and nature of your benefits will depend solely on the specific facts of your case and the Fund provisions applicable at that time. You should be aware that the official Pension Fund documents set forth the speck rules regarding the nature and payment of benefits. Nothing contained in this Statement in any way changes or affects the provisions of the official documents of the Fund (which may be changed from time to time). In the event of any inconsistency between this Statement (including a miscalculation of your benefits) and the Fund documents in effect at the time you are entitled to receive benefits, the terms of the official documents of the Fund then in effect will control in all cases. Finally, because the Fund's records with respect to your hours worked in any year shall control in all cases, it is important for you to notify us if you believe that any of the information is incorrect. Sincerely, F041d 4 7u J&" Central Pennsylvania Teamsters Pension Fund 2005 Statement of Benefits RALPH VARVEL Personal and Employment Information Social Security Number ...................... XXX-XX-1730 Date of Birth ............................................. 05/21/1950 Vesting Service as of December 31, 2005 ..............28 Vested Percent as of December 31, 2005 .........100% Benefit Service as of December 31, 2005 ...........27.6 Current Hourly Contribution Rate .............. $ 5.635 2005 Benefit Service Hours ..............................2,019 2005 Employer Contributions ................. $11,137.67 Spouse's Name ..................................KAREN JEANNINE VARVEL Spouse's Social Security Number .......XXX-XX-0995 Spouse's Birth Date ..................................10/05/1960 Retirement Income Plan 1987 The Retirement Income Plan 1987 is a defined contribution RIP 1987 Asset Allocation "money purchase plan," which means that the amount of on December 31, 2005 annual contributions made to the Plan have been credited to individual bookkeeping Accounts that are established by the f?5 Trustees for all Participants. t}' The Plan has been funded by Employer contributions made in Fixed. Income accordance with the terms of the applicable collective 22% bargaining agreements. Effective January 1, 2003, the Retirement Income Plan 1987 stopped accepting employer contributions. Reai Estate 11 °ib All assets in the Plan are invested by the Trustees. The Trustees have engaged the services of an independent investment consultant to make recommendations with respect to the investment of the Plan's assets, and to assist them with monitoring the performance of the Plan's investment managers. Looking Back - Your 2005 Account Activity 1. December 31, 2004 Account Balance (as shown on your 2004 statement) .............. $ 201,976.84 2. Adjustments to December 31, 2004 Account Balance .................................... $ 0 3. Employer Contributions ................................................................................... $ 0 4. Distributions... .................................................................................................. $ 0 5. Net Investment Return after Expenses (9.20%) ............................................. $ 18.484.37 6. December 31, 2005 Account Balance: (1)+(2)+(3)+(4) ........................ $ 220,461.21 Looking Ahead - Your Proiected Account Balance The amounts shown in the table on the following page are based on a combination of different average, future investment returns and retirement ages. Your actual Account Balance at any time in the future [Val ill be dependent on actual net investment returns through that date. he value of your Account (and your Rollover Account, if any), will be available to be paid to you as of the uation Date coincident with or next following: Your Early or Normal Retirement; Your death (paid to your beneficiary); or Page 2 Cenfral Pennsylvania Teamsters Pension Fund 2005 Statement of Benefits RALPH VARVEL • The date you become totally and permanently disabled, as determined by the Social Security Administration. A Valuation Date is the last day of each month, or any special date designated by the Trustees. The Plan does not permit in-service withdrawals or loans. Yo ur P Average Net ' Investment Return 57 j Account ' `' Bal 62 n: a ` ' 65 3% per year $229,891 $266,507 $291,219 5% per year $236,242 $301,512 $349,037 7% per year $242,644 $340,320 $416,907 9% per yea>? $249,095 $383,264 $496,338 Since inception, the Plan's compound annual rate of return (net of expenses) is approximately 8.10% Defined Benefit Plan This Plan is a Defined Benefit Plan, which means that your Retirement benefit is based on a formula which takes into account your years of Covered Employment. There are no individual accounts established to which portions of the Employers' contributions are credited. The amount of your monthly Normal Retirement Benefit, payable in the form of a Single Life Annuity with 36 Months Certain, is equal to the sum of: 1. Your Past Service monthly benefit (which may be reduced if you Retire before age 57) - This is the frozen benefit, if any, that you earned under the Plan for your Years of Benefit Service completed prior to the expiration date of your applicable collective bargaining agreement in 1987, 1988 or 1989, plus 2. Your Future Service monthly benefit (which may be reduced if you Retire before age 65) - This monthly benefit is equal to 1.25% of the aggregate Contributing Employer contributions made on your behalf for Plan Years beginning on or after January 1, 2003, but this monthly benefit accrual will not be greater than $140 in any Plan Year. If you leave Covered Employment on or after your attainment of age 57 with 25 or more Years of Benefit Service under the Plan and you meet the 2-Year and 45-Day Rules (please refer to the Summary Plan Description for more details), your benefit will at least be equal to the Combined Minimum Monthly Benefit. Your Accrued Monthly Benefit as of December 31, 2005* As of 12/3112005, your accrued monthly benefit under the Plan (payable as a single life annuity with 36 months certain) was equal to $656.82 as follows: 1. Past Service Monthly Benefit .......................................................................... $ 247.71 2. Future Service Monthly Benefit (maximum = $140 per year) 2003 - 2004 Employer Contributions of $21,590.88 x 1.25% .................... $ 269.89 2005 Employer Contributions of $11,137.67 x 1.25% ............................... $ 139.22 Total .................................................................................................................. $ 409.11 3. Total Monthly Benefit: (1)+(2) ............................................................... $ 656.82 *.May include adjustments not reflected in prior year statements. Page 3 Central Pennsylvania Teamsters Pension Fund 2005 Statement of Benefits RALPH VARVEL Combined Minimum Monthly Benefit The Combined Minimum :Monthly Benefit (CMMB), payable in the form of a Single Life Annuity with 36 Months Certain, is equal to: • $3,100, prorated for Employer contributions that are less than the Full Contribution Level, minus • The actuarially equivalent monthly Single Life Annuity with 36 Months Certain Benefit (calculated using the UP 1984 Mortality Table and an interest rate of 7.0%) that could be purchased by your RIP account balance, based on the most recently completed valuation available at the time your Combined Minimum Monthly Benefit is calculated. In addition, if you are eligible for the CMMB, you can elect to "roll over" your RIP account balance to this Plan through a trustee-to-trustee transfer and receive an actuarially equivalent monthly benefit from this Plan (calculated using the UP 1984 Mortality Table and an interest rate of 7.0%). As of December 31, 2005, you were not eligible to retire and receive the CMMB. Protected Monthly Benefit (Payable as a Single Life Annuity with 36 Months Certain) The amounts shown below are based on (i) your working at your 2005 hours level and contribution rate (as shown on page 2), and (ii) a 7.0% average RIP investment return (if you are eligible for the CMMB). For CMMB eligibility purposes, it is assumed you will meet the 2-Year and 45-Day Rules. Your actual monthly benefit at any future date will depend on your actual future service and net RIP investment returns through that date. However, if you are eligible for the CMMB, the Option A benefit shown below will not be less than $3,100, prorated for contributions less than the Full Contribution Level. Notes • If you are married when you retire, Federal Law requires that you receive a Qualified Joint and 50% Survivor Annuity that pays a reduced benefit during your life with 50% of the reduced amount payable to your surviving spouse during his/her life. With your spouse's consent, you may waive this joint & survivor option for another benefit form offered by the Fund. • The benefits illustrated may be reduced pursuant to a court-issued qualified domestic relations order that meets legal requirements and obligates you to pay child support or alimony, or otherwise allocates a portion of your vested benefits in the Plan to your spouse, former spouse, child or other dependent. • In addition to the retirement income you receive from the Central Pennsylvania Teamsters Pension Fund, you may be entitled to Social Security retirement benefits. You can request an estimate of these benefits from the Social Security Administration by completing Form SSA-7004 (Personal Earnings and Benefit Estimates Statement.) which you can obtain by calling toll free 1-800-772-1213. You can also calculate your Social Security benefit online at htto://www.ssa.gov/retire2/. Page 4 Central Pennsylvania Teamsters Pension Fund 2006 Statement of Benefits Prepared for RALPH VARVEL 52 PINE TREE LANE SHERMANS DALE, PA 17090 We are pleased to present you with this 2006 Statement of Benefits, which provides you with information regarding the amount of benefits you have earned under the following plans: • The Central Pennsylvania Teamsters Retirement Income Plan 1987 • The Central Pennsylvania Teamsters Defined Benefit Plan Much care has been taken in the development and preparation of this comprehensive statement that provides valuable information on your accrued and projected benefits, as well as your vested status in the Fund. Ultimately, we hope this statement will assist you and your family in making important decisions about your future. The Trustees have also provided you with this Statement so that you can help ensure the accuracy of the Fund's records regarding your benefits. We urge you to compare the information contained in the Statement to your personal and employment records. If you believe that this Statement contains incomplete and/or inaccurate information regarding you, your spouse or your employment history, please contact the Fund Office immediately. Please note: This 2006 Statement of Benefits is for your information only. The figures shown on the following pages should not be used for income tax purposes and should not be relied upon as an exact prediction of the benefits that you ultimately may be entitled to receive from the Fund. The projected benefits set forth on this Statement are subject to verification at the time of your actual retirement or death, and the amount and nature of your benefits. will depend solely on the specific facts of your case and the Fund provisions applicable at that time. You should be aware that the official Pension Fund documents set forth the specific rules regarding the nature and payment of benefits. Nothing contained in this Statement in any way changes or affects the provisions of the official documents of the Fund (which may be changed from time to time). In the event of any inconsistency between this Statement (including a miscalculation of your benefits) and the Fund documents in effect at the time you are entitled to receive benefits, the terms of the official documents of the Fund then in effect will control in all cases. Finally, because the Fund's records with respect to your hours worked in any year shall control in all cases, it is important for you to notify us if you believe that any of the information is incorrect. Sincerely, F"Id 4 Ina me4 I Ii • Central Pennsylvania Teamsters Pension Fund2006Statement of Benefits RALPH VARVEL Personal and Employment Information Social Security Number ......................XXX-XX-1730 Date of Birth ............................................... 5/21/1950 Vesting Service as of December 31, 2006 ..............29 Vested Percent as of December 31, 2006 .........100% Benefit Service as of December 31, 2006 ...........28.2 Current Hourly Contribution Rate .............. $ 5.945 2006 Benefit Service Hours ..............................1,016 2006 Employer Contributions ................... $5,746.86 Spouse's Name ..................................KAREN JEANNINE VARVEL Spouse's Social Security Number .......XXX-XX-0995 Spouse's Birth Date ....................................10/5/1960 Retirement Income Plan 1987 The Retirement Income Plan 1987 is a defined contribution "money purchase plan," which means that the amount of annual contributions made to the Plan have been credited to individual bookkeeping Accounts that are established by the Trustees for all Participants. The Plan has been funded by Employer contributions made in accordance with the terms of the applicable collective bargaining agreements. Effective January 1, 2003, the Retirement Income Plan 1987 stopped accepting employer contributions. All assets in the Plan are invested by the Trustees. The Trustees have engaged the services of an independent investment consultant to make recommendations with respect to the investment of the Plan's assets, and to assist them with monitoring the performance of the Plan's investment managers. Lookinq Back - Your 2006 Account Activity RIP 1987 Asset Allocation on December 31, 2006 6 Intern'I Equ Fixed income-; n: +1 " 22% Real Este 1. December 31, 2005 Account Balance (as shown on your 2005 statement) .............. $ 220,461.21 2. Adjustments to December 31, 2005 Account Balance .................................... $ 0 3. Employer Contributions . $ 0 ` 4. Distributions $ 0 5. Net Investment Return after Expenses (15.70°/x) ........................................... $ 34 592.26 6. December 31, 2006-Account Balance: (1)+(2)+(3)+(4)+(5) .................. $ 255,053.47 ?.° Lookinq Ahead - Your Proiected Account Balance The amounts shown in the table on the following page are based on a combination of different average, future investment returns and retirement ages. Your actual Account Balance at any time in the future will be dependent on actual net investment returns through that date. The value of your Account (and your Rollover Account, if any), will be available to be paid to you as of the' Valuation Date coincident with or next following: • Your Early or Normal Retirement; • Your death (paid to your beneficiary); or , 11 Central Pennsylvania Teamsters Pension Fund 2006 Statement of Benefits RALPH VARVEL The date you become totally and permanently disabled, as determined by the Social Security Administration. A Valuation Date is the last day of each month, or any special date designated by the Trustees. The Plan does not permit in-service withdrawals or loans. Average Net Investment Return Your Pro 5T je Account l '' ' ' 62 anc ' ' 65 3% per year $258,217 $299,344 $327,101 5% per year. ; :.: $260,296 $332,211 $384,575 70%lo per year, $262,352 $367,962 $450,769 $264,386 $406,790 $526,805 Since inception, the Plan's compound annual rate of return (net of expenses) is approximately 8.50% Defined Benefit Plan This Plan is a Defined Benefit Plan, which means that your Retirement benefit is based on a formula which takes into account your years of Covered Employment. There are no individual accounts established to which portions of the Employers' contributions are credited. The amount of your monthly Normal Retirement Benefit, payable in the form of a Single Life Annuity with 36 Months Certain, is equal to the sum of: 1. Your Past Service monthly benefit (which may be reduced if you Retire before age 57) - This is the frozen benefit, if any, that you earned under the Plan for your Years of Benefit Service completed prior to the expiration date of your applicable collective bargaining agreement in 1987, 1988 or 1989, plus 2. Your Future Service monthly benefit (which may be reduced if you Retire before age 65) - This monthly benefit is equal to 1.25% of the aggregate Contributing Employer contributions made on your behalf for Plan Years beginning on or after January 1, 2003. This monthly benefit accrual is subject to a maximum (for 2006 - $160, for 2007 - $170, for all other years - $140.) If you leave Covered Employment on or after your attainment of age 57 with 25 or more Years of Benefit Service under the Plan and you meet the 2-Year and 45-Day Rules (please refer to the Summary Plan Description for more details), your benefit will at least be equal to the Combined Minimum Monthly Benefit. Your Accrued Monthly Benefit as of December 31, 2006* As of 12/31/2006, your accrued monthly benefit under the Plan (payable as a single life annuity with 36 months certain) was equal to $728.66 as follows: 1. Past Service Monthly Benefit .......................................................................... $ 247.71 2. Future Service Monthly Benefit (subject to the maximums above) 2003 - 2005 Employer Contributions of $32,728.55 x 1.25% .................... $ 409.11 2006 Employer Contributions of $5,746.86 x 1.25% ................................. $ 71.84 Total .................................................................................................................. $ 480.95 3. Total Monthly Benefit: (1)+(2) ............................................................... $ 728.66 ".lay include adjustments not reflected in prior year statements. Paaa 2 Central Pennsylvania Teamsters Pension Fund 2006 Statement of Benefits RALPH VARVEL Combined Minimum Monthly Benefit The Combined Minimum Monthly Benefit (CMMB), payable in the form of a Single Life Annuity with 36 Months Certain, is equal to: • $3,100, prorated for Employer contributions that are less than the Full Contribution Level, minus • The actuarially equivalent monthly Single Life Annuity with 36 Months Certain Benefit (calculated using the UP 1984 Mortality Table and an interest rate of 7.0%) that could be purchased by your RIP account balance, based on the most recently completed valuation available at the time your Combined Minimum Monthly Benefit is calculated. In addition, if you are eligible for the CMMB, you can elect to "roll over" your RIP account balance to this Plan through a trustee-to-trustee transfer and receive an actuarially equivalent monthly benefit from this Plan (calculated using the UP 1984 Mortality Table and an interest rate of 7.0%). As of December 31, 2006, you•were not eligible to retire and receive the CMMB. Projected Monthly Benefit (Payable as a Single Life Annuity with 36 Months Certain) The amounts shown below are based on (i) your working at your 2006 hours level and contribution rate (as shown on page 2), and (ii) a 7.0% average RIP investment return (if you are eligible for the CMMB). For CMMB eligibility purposes, it is assumed you will meet the 2-Year and 45-Day Rules. Your actual monthly benefit at any future date will depend on your actual future service and net RIP investment returns through that date. However, if you are eligible for the CMMB, the Option A benefit shown below will not be less than $3,100, prorated for contributions less than the Full Contribution Level. Item Your Pro jected Monthly B enefit At: Age 57 62 65 Projected Years of Benef t service 28.2 Bengfit Years 31.2 Benefit Years 33.0 Benefit Years Eligible for the CMMB` Yes Yes Yes Qpion ehgiblo fat the E> ¢ ra bve' $3,100 $4,359 $5,590 RI1'.,A?cxoitn? tl?i; '} $1,008 $1,118 $1,333 Notes • If you are married when you retire, Federal Law requires that you receive a Qualified Joint and 50% Survivor Annuity that pays a reduced benefit during your life with 50•/0 of the reduced amount payable to your surviving spouse during his/her life. With your spouse's consent, you may waive this joint & survivor option for another benefit form offered by the Fund. • The benefits illustrated may be reduced pursuant to a court-issued qualified domestic relations order that meets legal requirements and obligates you to pay child support or alimony, or otherwise allocates a portion of your vested benefits in the Plan to your spouse, former spouse, child or other dependent. • In addition to the retirement income you receive from the Central Pennsylvania Teamsters Pension Fund, you may be entitled to Social Security retirement benefits. You can request an estimate of these benefits from the Social Security Administration by completing Form SSA-7004 (Personal Earnings and Benefit Estimates Statement.) which you can obtain by calling toll free 1-800-772-1213. You can also calculate your Social Security benefit online at http://www.ssa.gov/retire2/. Page 4 LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1062 I. EMAN U EL M EYERS (1915-1970) HARRISBURG, PA. 17108 BRUCE D. DESFOR (717) 236-9428 LAURIE A. SALTZGIVER CATHERINE A. BOYLE DESIREE A. BROUGHER July 19, 2007 VIA FAX & U.S. MAIL Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 RE: Karen J. Miller v. Ralph B. Varvel Dear Hush: FAX (717) 236-2817 WEBSITE www.me"rsdesforcom EMAIL Isalugh erftwyersdesfoccom c00)d80meyersdesfor.com -rougher®m"r5desfor.com The information which you supplied pursuant to my Request for Production of Documents is incomplete. Your answer is incomplete regarding the following requests. Pursuant to request #4, you supplied an incomplete Federal income tax return and you did not supply the State or Local income tax returns. Please supply frill and complete copies of the Federal income tax return as well as the State and Local income tax returns. Your objection to providing a State and Local return is ludicrous, and I am sure the Court will agree with me. If I do not receive the information requested, I will file a Motion to Compel and request that my client be reimbursed for her counsel fees and costs incurred therefore. Pursuant to request #8, you supplied incomplete information. Pursuant to request #9 you did not supply any information. Pursuant to request #10, you supplied incomplete information. Pursuant to request #12. you supplied a statement regarding the Teamsters pension plan, however, you did not supply the requested statements from January 1. 2004 to present. My client is well aware that your client frequently receives statements regarding this pension. Please supply the information requested. Furthermore, we believe that your client continues to hold retirement funds with prior employers. Please advise your client to supply full and complete information. Pursuant to request #13, please supply the requested documentation. MEYERS, DESFOR, SALTZGIVER & BOYLE Pursuant to request #18, you have admitted that there is a life insurance policy, but you have not supplied the requested information. I expect to receive complete answers to my request. If your client supplies this information within one week from the date of today's letter. I will refrain from seeking the Court's intervention. If I do not receive the information within one week from today. I will file a Motion to Compel and seek counsel fees and costs from your client. Thank you for your attention. LAS/clk cc: Karen Miller Sincerely. Laurie giver" s r. 0 Hubert X. Gilroy, Esq. Ten East High Street Carlisle, PA 17013 Laurie A. Saltzgiverll Attorney for Plaintiff 7 J. VARVEL n/k/a, J. MILLER, Plaintiff VS. B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of , A2007, that the foregoing Motion _T? _? I- 'I I Compel Discovery was mailed, first class, postage prepaid to: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 f? ' O 1 -r} =. Co i, ?/. t t 4 AUG 0 9 2007 -?p J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 06-672 B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER AND NOW, this ?b day of 1 , 2007, upon consideration of the foregoing Motion to Compel Discovery, it is hereby ordered that 1. a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within 4?_() days of this date; ?s.?uv! ort f'?.t N argmznzrrt shall be held on ! 3 , 2007 in Courtroom ?'3d?-Pof the Cumberland County Courthouse; and notice of the entry of this order shall be provided to all parties by the petitioner. BY THR'(?OURT: J. Laurie A. Saltzgiver, Esq., P.O. Box 1062, Harrisburg, PA 17108 HtTh X. Gilroy, Esq., Ten East High Street, Carlisle, PA 17013 kbeR? J 1 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 L ??i n?zl 01'1t L!?l A diC v'W w -IHI ?O ]lid F:\MM\12569\12569. Lans I.wpd Gated: 9/20/04 0:06PM Revised: 8/29/07 9:21AM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLL4MS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant KAREN J. VARVEL, n/k/a KAREN J. MILLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RALPH B. VARVEL, Defendant : NO. 06-672 - CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND NOW, comes Defendant, Ralph B. Varvel, by and through his attorneys, Martson Deardorff Williams Otto Gilroy & Faller, and files the following Answer to Motion to Compel Discovery, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part. It is admitted that Wife worked as a receptionist for a hair salon during the marriage. Her earnings are unknown at this time. 6. It is admitted that Husband worked as a truck driver during the marriage. It is denied that he earned approximately $70,000 per year. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted with clarification. Husband provided responses and all documents in his possession at that time. See Exhibit "A" attached hereto, which references all of the documents provided to Wife as additional and supplemental discovery. 12. Admitted in part and denied in part. It is admitted that Husband did not have some of the documents requested by Wife and they, therefore, could not be provided. Husband has since provided additional and supplemental documentation, and has authorized Wife to seek some of the documentation requested by use of signed authorizations. See Exhibit "A" 13. It is admitted that the attached letter was sent to Husband. 14. It is admitted that the attached letter was sent to Husband. Husband has subsequently responded and provided additional discovery. 15. Denied. Wife has sought documents that are unrelated to the marital assets or the marital portion of the assets. However, Husband has complied and provided all documentation in his possession and has given Wife the opportunity to seek the information requested by way of authorizations. See Exhibit "A" 16. Denied. Wife has sought documents that are unrelated to the marital assets or the marital portion of the assets. However, Husband has complied and provided all documentation in his possession and has given Wife the opportunity to seek the information requested by way of authorizations. It is further denied that Wife cannot pursue her economic claims nor that she does not have a full understanding of the parties' financial situation. See Exhibit "A" 17. Admitted in part, denied in part. Wife has sought documents that are unrelated to the marital assets or the marital portion of the assets. However, Husband has complied and provided all documentation in his possession and has given Wife the opportunity to seek the information requested by way of authorizations. It is further denied that Wife cannot pursue her economic claims nor that she does not have a full understanding of the parties' financial situation. See Exhibit "A" 18. The truth of this averment is strictly within the knowledge of Wife and therefore no answer is required. 19. Judge Guido has signed an Order of Court dated August 10, 2007 in response to Plaintiff's Motion to Compel. Respectfully submitted, Dated: August 29, 2007 Wert X. Gilr , Esquire Jennifer L. ears, Esquire MARTSO DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant r MARTSON LAW OFFICES W E,Vs1 HIGH STREET CARLISLE, PENNSYIX,,\NM 17013 TELEPHONE. (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET -,mw.mar[sonlaw.com Laurie Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 N. Second Street P.O. Box 1062 Harrisburg, PA 17108 August 29, 2007 W11_u1 km F. MARTSON JuliN B. FoWUR III D,?NuE.1. K. DL!.1RD<IRNF Tw n1 s J. W11.11.SN2s, IV() V 0.1-ro III HcBFRT Y. GILROY GHoRGE. B. Fm.u,'R JR.* D:\vm A. FiTrsimoNs CHRJSTOPHER E. Rwit, JENNIVER L. SPE,IRS Simi T. llosr_Bm: TRCDv E. R-jifj\cE.R BOARD CERTIFIED CmL TRIAL SPECIALIST RE: Karen J. Varvel n/k/a Karen J. Miller v. Ralph B. Varvel Our File No. 12569.1 Dear Laurie: In further response to the discovery requests, I enclose Defendant's Answer to Plaintiff's Motion to Compel Discovery, and in that regard, we also enclose: 1. The 2004 Statement of Benefits concerning Mr. Varvel's Pension Account; 2. 2006 Pennsylvania Tax Return; 3. 2005 Pennsylvania Tax Return; 4. 2005 W-2; 5. 2006 W-2; 6. 2005 Local Tax Return; 7. Copies of numerous bank statements from the Bank of Landisburg which Mr. Varvel received in November 2005 through July 2007; 8. Statement from Bank ofLandisburg relating to payments on car loan in 2006; 9. Statement from Bank of Landisburg relating to mortgage payments on Account Number 3378624 - Home Equity Loan; 10. Statements from Bank of Landisburg on Account Number 3326683-Primary Mortgage; EXHIBIT "A" INFORMATION • ADVICE • ADVOCACY 'M Laurie Saltzgiver, Esquire August 29, 2007 Page 2 11. Statements from Bank ofLandisburg on Account Number 367015854, which is Mr. Varvel's primary savings account and shows deductions for house payments and car payments; and 12. Copies of check registers. In connection with this response to your discovery requests, we offer the following responses: a. The tax returns provided consist of all tax returns in Mr. Varvel's possession. We believe there is a local tax return for 2006 which has not been produced. We cannot locate that return either in Mr. Varvel's possession or in the possession of his tax preparer. If you want to pursue that issue, we will sign a release specifically authorizing the tax collector to provide you with any information you request with respect to the 2006 local tax return. b. Mr. Varvel does not keep credit card statements. If you want to request statements for the Sears or Discover cards, Mr. Varvel will sign a specific release authorizing you to obtain that information at your expense. C. Mr. Varvel has no documentation relating to the beneficiary election on his retirement plan. He understands his wife is the designated beneficiary as per the terms of the plan. If you want any specific documentation, Mr. Varvel will sign a release authorizing you to obtain information from the Teamsters Pension Fund on that issue. d. Mr. Varvel has no documentation in his possession on the life insurance policy through the Teamsters or the beneficiary election. His information is that he has a policy through the Teamsters in the amount of $25,000.00. His two children are the named beneficiaries. If you want to request information from the Teamsters on this matter, Mr. Varvel will sign a specific release authorizing you to obtain that information. e. The releases mentioned above would need to be prepared by you and specifically limited to the items mentioned. Additionally, you would need to incur any expenses with respect to obtaining that information. INFORMATION • ADVICE • ADVOCACY 'M Laurie Saltzgiver, Esquire August 29, 2007 Page 3 I believe the documentation previously provided and the documentation and information set forth above adequately addresses your discovery requests. Please advise if you believe there are still any outstanding issues and if you believe we still need to proceed with the hearing scheduled on September 13 at 3:30 p.m. Very truly yours, MARTSON LAW OFFICES Hubert X. Gilroy HXG/tde Enclosures cc: Mr. Ralph Varvel (w/enc.) F:TILES\l 2569\1 2569. 1.62 INFORMATION • ADVICF • ADVOCACY"" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Laurie Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 N. Second Street P.O. Box 1062 Harrisburg, PA 17108 MARTSON LAW OFFICES By ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 30, 2007 mi r%a C-) J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 06-672 B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ;n J. Varvel, Plaintiff, by her counsel Laurie A. Saltzgiver, Esquire of Meyers, Desfor, ?giver & Boyle, moves the Court to appoint a Master with respect to the following claims, states: K] Divorce ] Annulment K] Alimony K] Alimony Pendente Lite in support of the motion states: [X] Distribution of Property [X] Support [X] Counsel Fees [X] Cost & Expenses Discovery is complete as to the claims for which the appointment of a master is requested. The Defendant has appeared by his attorney, Hubert X. Gilroy, Esquire. The statutory grounds for divorce are 3301(c) and 3301(d). Delete the inapplicable paragraph(s): a. The action is contested with respect to the following claims: All of the above. The action does not involve complex issues of law or fact. The hearing is expected to take One 1 day. Additional information, if any, relevant to the motion: 6 ?- Laurie A. So Attorney for MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 06-672 B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 10th day of December, 2007, that a copy of the foregoing for Appointment of Master was mailed, first-class, postage pre-paid to: Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 \\ k ISM` Laurie A. Saltzgiv , Attorney for Plainti i MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 .1 t?? C? ¢`..1 ra ? -rt _.. ._. ? ? '? _ 7 IT £.? . } ? :? _ ..: _, _:. 9 G, . ??) ???. ? 1 i . t'`? ? t?r1 ` ?'d fi*? ?. J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 06-672 B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE INCOME & EXPENSE STATEMENT OF KAREN J. VARVEL itted by: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle : December 10, 2007 Name of Client: Karen J. Miller Age: 46 Address of Client: 10 N. Middlesex Road Carlisle, PA 17013 elephone Number: 448-3128 - Home 249-2026 - Work ame of Employer: Salon Debonair Address: 28 West Louther Street Carlisle, PA 17013 of Service with this Employer: 5 1 /2 years MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 period (weekly, bi-weekly, etc.) See attached weekly paystub. OME ANNUAL FIGURES PAY PER PERIOD ss Pay: $ $ ederal: .I.C.A.: tate Income Tax: ocal Income Tax: [ospital/Medical Insurance: ife Insurance: ension/Profit Sharing: redit Union: avings Bonds: Ither: (Specify) AL DEDUCTIONS: T PAY PER PERIOD: 2 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 ER INCOME: None. in appropriate column) WEEKLY MONTHLY YEARLY ocial Security: Account: nemployment Compensation: porker's Compensation: ther: (Specify) TOTAL OTHER INCOME: $ $ $ TOTAL NET INCOME: $ $ $ TOTAL NET & OTHER INCOME: $ $ $ 3 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 ES: MONTHLY YEARLY Mortgage/rent 500.00 6,000.00 Condominium fees Maintenance Vacation home/cabin Timeshare Repairs/maintenance tilities: Electric 110.00 1,320.00 Gas Oil 200.00 2,400.00 Water Sewer Trash Telephone Cellular telephone 52.00 624.00 Internet Security alarm Cable 40.80 489.60 Public Transportation Lunch 80.00 960.00 Parking 25.00 300.00 axes: Real Estate Personal Property Income: Federal State Local OPT 4.34 52.00 Lutomobile/boats/motorcycles/airplanes: Payments Fuel 160.00 1,920.00 Inspection 2.92 35.00 Repairs/maintenance 66.67 800.00 Licensing & Registration 5.34 64.00 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 MONTHLY YEARLY Homeowners Renter's Automobile Life Accident Disability Umbrella Health: Medical Dental Optical ledical & Dental: Doctors Dentists Orthodontist Hospital Medicine Special needs (glasses, braces, etc.) Psychologist/Therapist 8.34 100.00 47.92 575.00 25.00 300.00 62.50 750.00 16.67 200.00 Private School Parochial School College College Savings Plan Religious School supplies Field Trips Tutoring Extra-curricular Activities: Clothing Work Uniforms School Uniforms Sports clothing Costumes Food Barber/Hairdresser 50.00 600.00 325.00 3,900.00 20.00 240.00 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 MONTHLY YEARLY redit Payments: Credit Cards Charge Accounts Other (Specify) 350.00 4,200.00 iemoersnips: Clubs Gym Country Club Credit Union Other tina care: Day care After/Before school care Summer care Camp Sporadic baby sitting ousehold Help: Cleaning Snow removal Lawn care Landscaping Pool Maintenance Kennel Events Movies Dining out 1.50 18.00 41.67 500.00 6 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 MONTHLY YEARLY they Child Support: Obligation/order or agreement Miscellaneous expenses College expenses/room & board Holidays Child(ren)'s birthday(s) Child(ren)'s birthday party gifts Wedding Baby shower gifts Bar/Bat Mitzvah 83.34 1,000.00 12.50 150.00 haritable Contributions Church/tithe Individual charities Support of non-dependent family acations: Travel Lodging Meals Fees Expenses Souvenirs egai expenses: Attorneys fees Experts Accountants 16.67 200.00 83.34 1,000.00 291.67 3,500.00 7 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 S: MONTHLY YEARLY Expenses: Dry cleaning Pet expenses Postage Allowances Home repairs/plumbing/electric/etc. Furniture replacement Sports expenses/equipment/fees/coaches/travel Savings/retirement/college/miscellaneous News papers/books/magazines Alimony/other support or payments AL EXPENSES: 12.50 125.00 $2,820.69 150.00 1,500.00 $33,847.60 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 z m r n O m 0 0 D 0 w rn zv 2 C/) o c 2 Q. K n CD 0 0) cn '0 N N K = m > O O O O 2• Q. n a33 - ctoinWmo C rn33?N?mNm 0 (A La . 03 x a CA to to to to co to to A O O O O O M 0 0 0 x _ x N Q rl 0 CD CD 0 G) G) M- m CD m 0 p CD 0 v a Oa ; 0 n Q 0 6 cu to to -69 0 to to to 69 CAD CAD to to O ?J 0 0 0 0 0 0 0 O N ili C) C) *C) *0 6 O O O O O O O (n O O Z v c0? CD M Cr) w o c m m G C: D G x x T to -i to to W to to ill O O O cn w O m A O w N A O Co Cn a W M V O 0 O S 0 0 O n G M N r?+ o 4 CL o CD F ? c CL Q 10 fl. _c z O Z 0 c 3 e? i ? pp N N N O O O O 4 v 0 CO) C G. ¢f Z 0 M 3 !D z N p N O O V N 2 c O Z CD o z O . G v 0 N W N m ^ = cND D 0 0 Q D y o Q33 ;? ?0 Co N C N i 3 3 o u 3 n w -Q) " X m ni CL w 0 N 69 A 0 to to D. ?69 69 .104 ( oorn ooooaoA _ O CJ?000 OOOO n CD 0 CS x cr C: -n S O O 0 it a- K 37 5? G) G) ti CD N S O O N m a n N a N -? 0 O = =3 ? a :? 3 m '0 0 ro v O 'D m x m '- q m K tp ar to to to A A O to to to to to to to to O V 0 0 0 W W O O O N 0 0 0 0 0 0 0 O N O O O O O O O cn O n °7 cn r m CD 0 cn 9L (D C m v m (D D `C x x to W to to ?1 to to W " to Efl cn O O O m w O O A O co N -Al O Nhh V , 00 0 3 O 7 w D O n C ' pr -0 Oft 3 N p .CJ y3?C o (D ? A c CD M 0 0 a Z O Z 0 3 3 CD cr ? cD i ? pp N N N O O O O 4 0 N Ci C Q 3i K Z 0 t4 Q 0 -s N 4 N O O V m n I N L C VERIFICATION I, Karen Varvel , verify that the statements made in this Income &'Expense Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. IJ Dated: 12/10/07 L= JI/ fV,' t,7 (X ) Plain iff ( ) Defendant MEYERS, DESFOR, SALTZGIYER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108 (717) 236-9428 • FAX (717) 236-2817 C,71 I. ice,) a ? V J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 06-672 B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE INVENTORY OF PLAINTIFF, KAREN J. MILLER MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 4- INVENTORY OF PLAINTIFF, KAREN J. MILLER Assets Marital Residence (J) 2"d mortgage 52 Pine Tree Lane Bank of Landisburg Shermans Dale, PA 17090 1998 Chevy Lumina (W) Members 1st Federal Credit Union Checking Account (W) 1996 Buick 1996 Chevrolet Corvette (H) 1993 Eagle American Ironhorse "Chopper" Motorcycle Central PA Teamsters Pension Fund (A) Retirement Income Plan (B) Defined Benefit Plan Bank of Landisburg (H) Acct.# 3695360 (checking account) Acct.# 367015854 (savings account) PA Central Federal Credit Union (H) savings account Debts Credit Cards Discover Card (W) -. VERIFICATION I, Karen Varvel , verify that the statements made in this Inventory are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 12/10/07 1 (X ) Plain iff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108 (717) 236.9428 • FAX (717) 236.2817 r-a S ti N ?l s 0 DEC' Is 2W J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 06-672 B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, this.. day of LULA-" ,2007, , is appointed master with respect to the following claims: ] Divorce ] Annulment ] Alimony ] Alimony Pendente Lite [X] Distribution of Property [X] Support [X] Counsel Fees [X] Cost & Expenses BY THE COURT, J. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 co N Gam... w A ? C U FARLES1CIients112569 Varve1112596.1.specreimpd Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant KAREN J. VARVEL, n/k/a KAREN J. MILLER, Plaintiff V. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-672 - CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND FINDING OF GROUNDS FOR DIVORCE AND NOW, come Petitioners, Heath and Jennifer Varvel, co-executors of the estate of Ralph B. Varvel, by and through their attorneys, Martson Deardorff Williams Otto Gilroy & Faller, who aver as follows: 1. This petition is brought on behalf of Ralph B. Varvel, Defendant in the instant divorce action, by his son, Heath, and daughter, Jennifer Varvel, the co-executors of Ralph Varvel's estate who are currently probating the will. 2. Respondent is Karen J. Miller, formerly known as Karen J. Miller. 3. Respondent filed a divorce action on February 2, 2006 alleging that the parties were living separate and apart and that the marriage was irretrievably broken. 4. Respondent filed a Motion to Compel Discovery on or about August 7, 2007 averring that the parties were married on June 19, 1997 and separated on November 20, 2005. 5. Wife filed for spousal support and APL averring the parties were separated on November 20, 2005. 6. On or about December 10, 2007, Wife filed a Motion for Appointment of [Divorce] Master, listing the statutory grounds for divorce as 3301(c) and 3301(d). 7. Wife filed an Inventory listing the marital assets the marital residence, Husband's Teamsters pension, several vehicles (some of which were purchased by Husband after separation), and checking and savings accounts. Personal property was not listed as a marital asset subject to equitable distribution or in dispute. 8. A conference was held with the Divorce Master on or about May 20, 2008. 9. Husband, Ralph B. Varvel, passed away on June 29, 2008 from an aggressive illness. A copy of his will is attached hereto as Exhibit "A." 10. Upon learning of Husband's death on June 30, 2008, Wife and numerous friends and family of hers appeared at the marital residence with alcohol to party over Husband's death. While routing through the deceased's belongings, Wife also changed the locks on the marital residence and told Husband's children and other family members, who were temporarily staying at the residence to make funeral arrangements, that everything in the house was hers. 11. Wife removed all the personal property she wanted when she left in November, 2005, which she admitted verbally in front of a Constable and Husband's family members on June 30, 2008. Further, the contents are probatable assets under Husband's will, and not marital property. 12. Husband and Wife were together only 8 and 1/2 years, and were clearly separated more than two years. Wife even resumed her prior name and dropped her married name on April 10, 2006. 13. According to Wife's own pleadings, which were not refuted, the parties separated on November 20, 2005 and the Divorce Master was appointed based on the parties being separated for over two years. 14. All property of Husband which is marital should still be subject to equitable distribution because grounds for divorce have been established. The 2005 Amendments to the Divorce Code, under 23 Pa. C.S.A. § 3323(g) and subsequent case law provide that a divorce action will not abate upon the death of a spouse so long as grounds for divorce are established. 15. Furthermore, Wife wilfully deserted Husband in November of 2005 because she was having an adulterous relationship with another man, and she continues to live with a paramour. 16. Husband's children, Heath and Jennifer Varvel, who are not Wife's children, are his executors and request that the court make a finding that grounds were established, and equitably distribute the decedent's marital property. 17. An order is also requested to enjoin Wife from removing, selling, destroying, transferring or other similar action any property that belonged to the decedent, Ralph B. Varvel, whether marital or not, until further order of court. 18. Judge Guido has previously signed an Order to compel discovery in this matter. 19. The contents of this petition have not been disclosed prior to filing to Wife's attorney, Laurie Saltzgiver, Esquire, because of the nature of Wife's actions in changing the locks and looting through the decedent's property, which is not marital. WHEREFORE, it is requested that this Honorable Court make a finding that grounds for divorce have been established, and order that the decedent's property be distributed equitably or pursuant to the Probate, Estate and Fiduciaries Code, as applicable. Further, it is requested that the Court issue an order enjoining Wife from selling, transferring, destroying or removing any property held, owned or possessed by the decedent, Ralph B. Varvel, at the date of his death. Dated: July 2, 2008 Respectfully FTUIYert X Gilroy, Et` ire Jennifer L. Spears, squire MARTS& DEAR ORFF WILLIAMS OTTO GIL Y & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VERIFICATION The foregoing Petition is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides t at if we make knowingly false averments, we may be subject to criminal penalties. Heath Varvel RA r Varvel CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Laurie Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 N. Second Street P.O. Box 1062 Harrisburg, PA 17108 MARTSON LAW OFFICES ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 2, 2008 I FILE S`C?ieers! '69 Varvef.l256v =wall 0RIGINAL RETAINED BY: I1 "TSON DEARDOR.FF VVELI.IAMS OTTO GUROY & FALLER LAST WILL AND TESTAMENT MARTSON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PA 17013 (717) 243-3341 I, RALPH B. VARVEL, of Shermansdale, Perry County, Pennsylvania, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former Wills or Codicils made by me. 1. I direct that all my legally enforceable debts, funeral expenses, testamentary expenses and all death taxes (whether such taxes may be payable by my estate or by any recipient of any property) shall be paid from my residuary estate as soon as practicable after my decease and as part of the administration of my estate. My Executors shall have no duty or obligation to obtain reimbursement for any such tax so paid, even though on proceeds of insurance or other property not passing under this Will. 2. I made the following specific bequests: a. unto my son, HEATH R. VARVEL, my 1996 Corvette vehicle, my 2001 American Air Horse motorcycle, and any and all hand tools that I may own at the time of my death; and b. unto my daughter, JENNIFER ANN VARVEL, any and all of my dining room and liviRpno furnishings. ,f?ff P/ 3. I give, devise and bequeath all of the rest, residue and remainder of my estate, both real and personal property, including, but not limited to, my real property located at 52 Pine Tree Lane, Shermansdale, Pennsylvania and my Teamsters' Pension, unto my children, HEATH R. VARVEL and JENNIFER ANN VARVEL, in equal shares, absolutely. 4. I nominate, constitute and appoint my children, HEATH R. VARVEL and JENNIFER.NNti V.?kRVEL, as Executors of my estate. In the event either of my said children shall be umN illin1Y or unable to sera e in such capacity, then the other may sere as sole Executor. 5. I direct that all fiduciaries acting under this Will, whether or not named herein, shall not be Page l of 3 Pages 1lnitialsl EXHIBIT "A" required to give bond for the faithful performance of their duties in any jurisdiction. 6. I authorize and empower my Executors, in their sole and absolute discretion, to purchase or otherwise acquire and retain any investments of which I die seized or any real or personal property of any nature; to sell, lease, pledge, mortgage, transfer, exchange, dispose of or grant options in regard to any or all property of any kind forming a part of my estate for such terms and such prices as they may deem advisable; to borrow money for any purposes connected with the protection and preservation of my estate; to mortgage or pledge any real or personal property forming a part of my estate or to join in or secure the partition of same; to compromise any claims or demands of my estate against others or of others against my estate; to make distribution in kind and to cause any share to be composed of cash, property or undivided fractional shares in property different in kind from any other share; to employ agents, attorneys and proxies and to delegate to them such power as my Executors consider desirable and to pay reasonable compensation for such services as may be rendered by such agents, attorneys and proxies; and to execute and deliver such instruments as may be necessary to carry out any of these powers. In addition, I direct that my Executors shall have the power to conduct an inventory of any safe deposit box necessary to the administration of my estate. IN WITNESS WHEREOF I have hereunto set my hand and seal this j day of i (SEAL) Ralph B. arvel SIGNED, SEALED, PUBLISHED AND DECLARED by the above-named Testator, as and for his Last Will and Testament, in the presence of us, who at his request, have hereunto subscribed our names as witnesses thereto, in the presence of the sa' Testator and of each other. l / _ =T Page 2 of 3 Pages COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 1_',.fy'r jn-,i t.? We, Ralph B. Varvel, Katie J. Maxwell and ?'? V ti l y ?` 4 }??? i f C the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his last Will and that the Testator has signed willingly, and that the Testator executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as a witness and that to the best of his/her knowledge the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. Subscribed, sworn to and acknowledged before me by Ralph B. Varvel, the Testator, and subscribed and sworn to before me by Katie J. Maxwell and r {, the witnesses, this,/ `day of Notary Public r NS Page 3 of 3 Pages f - alph B. Varvel, Testator r=? -r1 f`J '--r, JUL 0 22DOB AAy KAREN J. VARVEL, n/k/a IN THE COURT OF COMMON PLEAS OF KAREN J. MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-672 - CIVIL ACTION - LAW RALPH B. VARVEL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 3 day of July, 2008, upon consideration of the Petition for Special Relief d Fi ding of Grounds r iv filed on behalf of Ralph B rvel, a hearing is scheduled for , 2008 at ?d in Courtroom Number Courthouse. S 0of the Cumberland County Iy/te It is further ORDERED AND DIRECTED that Karen J. Miller, formerly known as Karen J. Varvel, may not transfer, sell, destroy, remove or otherwise encumber any assets of the decedent, Ralph B. Varvel, and all assets that are the subject of equitable distribution until further order of court. HEARING DATE: MONDAY AUGUST 4 2008 at 2:30 .m COURTROOM #3. Distribution: Hubert X. Gilroy, Esquire, Marston Law Offices - hDril delivered Laurie A. Saltzgiver, Esquire, Meyers, Desfor, Saltzgiver and Boyle - Copy J. 11010" DKB I KAREN J. VARVEL n/k/a, KAREN J. MILLER, Plaintiff VS. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW comes the Plaintiff, Karen J. Miller, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle, and files the following Motion for Continuance and in support thereof avers as follows: 1. Movant is Karen J. Miller, Plaintiff in the above-captioned action. 2. The Honorable Edward E. Guido has been assigned to the above-captioned action. Presently pending before Judge Guido is a Petition for Special Relief and Finding of Grounds for Divorce which was filed on July 2, 2008. 3. On July 3, 2008 Judge Guido entered an order scheduling a hearing on the Petition for Special Relief and Finding of Grounds for Divorce for August 4, 2008 at 2:30 p.m. 4. Movant's attorney is scheduled to be out of the office on vacation during the entire week of August 4, 2008. 5. Movant's attorney has contacted Defendant's attorney and Defendant's attorney is agreeable to the within request for continuance. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 WHEREFORE, Plaintiff, Karen J. Miller, respectfully requests this Honorable Court grant her a continuance of the hearing scheduled for August 4, 2008 due to her attorney's unavailability. Respectfully submitted, Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff/Movant MEYERS, DESFOR, SALTZGiVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Attorney 1.1). b 1 i tSl KAREN J. VARVEL n/k/a, KAREN J. MILLER, Plaintiff vs. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE N? I hereby certify on this 1? day of , 2008, that a - Tv?q copy of Plaintiff s Motion for Continuance was sent via U . Mail, postage pre-paid to: Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 L Laurie A. Saltzgiver, Attorney for Plaintifi MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 9 6 a .. IIPI 4*- KAREN J. VARVEL n/k/a, KAREN J. MILLER, Plaintiff vs. RALPH B. V ARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWER TO PETITION FOR SPECIAL RELIEF AND FINDING OF GROUNDS FOR DIVORCE AND COUNTERCLAIM AND NOW, comes the Plaintiff, Karen.l. Miller, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Answer to Petition for Special Relief and Finding of Grounds for Divorce and Counterclaim and in support thereof avers as follows: 1. No answer required, however, Plaintiff objects to the standing of Heath and Jennifer Varvel to this action as they are not parties to this action and have no standing to bring any issue before the Court. 2. No answer required. No answer required. The document speaks for itself. 4. No answer required. The document speaks for itself. 5. No answer required. The documents speak for themselves. 6. No answer required. The document speaks for itself. 7. Denied, as to Petitioner's characterization of Wife's Inventory. Wife's Inventory speaks for itself. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HAFIRISBURG, PA 17103 (717) 236-9428 • FAX(717)236-2817 8. Admitted. A discovery conference was held with the Divorce Master on May 20, 2008. 9. Admitted in part and denied in part. It is admitted and Plaintiff is aware that Flusband passed away on June '9, 2008. Plaintiff has no knowledge of the reason for his death nor knowledge of any existing Will. 10. Denied. Wife specifically denies any "party over Husband's death Wife further denies any "routing" through Husband's belongings. Wife did go to the marital residence on June 30, 2008 with the intention of changing the locks as the residence is hers. The residence was titled Jointl}" by the Entireties, and as a result of decedent's death, it is now Wife's residence. When Wife arrived at the residence, Heath and Jennifer and a whole houseful of people were there and they were loading trucks with marital assets. Wife discussed with Heath and Jennifer which assets they wanted and which items Wife intended to remove from the residence. Wife made a list of items which she agreed Heath and Jennifer could take from the residence. Furthermore, Wife agreed that Heath and Jennifer could continue to store these things at the marital residence until after their Father's fiuleral. Additionally, Wife changed the locks on the residence, however, Wife gave Jennifer, a copy of the key to the new locks so Heath and Jennifer could remove the agreed upon items from the residence. Wife has since returned to the marital residence and the entire house has been cleared of all furniture, furnishings and personalty and is standing completely empty. Wife wants the assets she has identified to Heath and Jennifer be returned to her. MEYERS, DESFOR, SAL7ZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 11. Denied. Wife identified to Heath and .Jennifer on June 30, 2008, the items which she believed to be hers and which she intended to remove from the residence. Wife wants these items returned to her. 12. Admitted in part and denied in part. Denied, insofar as Petitioner is alleging any finding, of grounds for divorce pursuant to 23 Pa.C.S.A. § 3323. 13. Denied. The Divorce Master was appointed pursuant to the Motion for Appointment of Master, and the document speaks for itself. 14. Denied. Grounds for divorce have not been established prior to Defendant's death pursuant to 23 Pa.C.S.A. §3323(8) and accordingly, the divorce action has abated. 15. Denied. Wife specifically denies any desertion of Husband and any claim of adultery. 16. This statement contains a plea for relief to v\°lhich no answer is required. 17. This statement contains a plea for relief to which no answer is required. 18. Admitted. 19. Denied. Wife denies any inappropriate action in changing the locks on her residence. Furthermore, Wife denies airy "looting"' through decedent's property. Wife has not behaved in an inappropriate manner. However, I leather and Jennifer have brought the within Petition which is clearly contrary to the provisions of 23 Pa.C.S.A. § 3323 in an effort to harass Wife. WHEREFORE, Plaintiff requests this Ilonorable Court deny the Petition for Special Relief and Finding of Grounds for Divorce and find that the divorce action has abated as no j? grounds for divorce have been established pursuant to 23 Pa.C.S.A. § 3323(d. I) and (g). 4 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 COUNTERCLAIM 20. Paragraphs one through nineteen pursuant to the Answer to Petition for Special Relief and Finding of Grounds for Divorce are hereby incorporated by reference. 21. Plaintiff requests this Honorable Court dismiss the Petition for Special Relief and Finding of Grounds for Divorce and confirm that the divorce action has abated in light of Defendant's death prior to the entry of a Divorce Decree and prior to establishing the grounds for divorce pursuant to 23 Pa.C.S.A. § 3323(d. I ) and (g). 22. The Petitioners have no standing to bring a petition in a divorce action as they are not named parties to the action, nor have they been joined or substituted for a party. 23. 23 Pa.C.S.A. § 3323 is explicit in that grounds For divorce have to be found prior to a party's death by either a specific hearing and finding of fault, the filing of Affidavits of Consent or the filing of Affidavits of Two Year Separation under section 3301(d) of the Divorce Code. None of the above referenced conditions have occurred in this case. Accordingly, in light of Husband's death, the divorce action has abated and the Petition for Special Relief and Finding of Grounds for Divorce should be dismissed. 24. Wife believes and therefore avers that Heath and Jennifer Varvel have brought the within Petition for Special Relief and Finding of Grounds for Divorce in an effort to harass her and to cause her unnecessary attorney lees. Accordingly. Wife requests this Honorable Court order Heath and Jennifer Varvel to pay her attorney fees incurred in II defending herself against their frivolous petition. 25. While the Petition for Special Relief and Finding of Grounds for Divorce is pending before the Court, Wife is unable to sell the residence. however, Wife incurs the cost of 5 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 payment of the mortgage, utilities and upkeep of the residence. 26. The language of 23 Pa.C.S.A. §3323 is clear in that grounds as specifically set forth is §3323(g) must be established prior to a party's death. In light of this explicit statute, Wife believes that Heath and Jennifer have tiled the Petition for Special Relief and Finding of Grounds for Divorce to harass her and cause her to incur unnecessary expense. Wife requests that Heath and Jennifer be ordered to reimburse her for the mortgage payments, upkeep and utility expenses which she incurs while this Motion is outstanding. WHEREFORE, Wife/Plaintiff in the above-captioned action hereby requests that this Honorable Court confirm that the divorce action has abated and dismiss the Petition for Special Relief and Finding of Grounds for Divorce and order the Petitioners to reimburse Wife for her attorney fees incurred in defending against their Petition, and further order them to reimburse her for the mortgage payments. upkeep and Lit] Iit:y expenses of the residence which she incurs while this Motion is outstanding. Respectfully submitted, , Laurie A. Saltzgiver, squire Attorney I.D. 61382 Me}`ers, Desfor, Saltzgiver & Boyle 41 North Second Street P.O, Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • RO. BOX 1062 • HARRISBURG, PA 171CE (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Karen Varvel verify that the statements made in this Plaintiff's Answer to Petition for Speci, Relief and Finding of Grounds for Divorce and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that falsE statement: herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. /Z" Dated: 7/10/08 ( 'X) Plaintiff ( ) Defendant 1 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 KAREN J. VARVEL n/k/a, KAREN J. MILLER, Plaintiff vs. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERL./\N1) COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION - LAS' IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this day of ,July, 2008.. that a copy of the foregoing Plaintiffs Answer to Petition for Special Relief and Finding for Grounds for Divorce and Counterclaim was mailed, first-class, postage pre-paid to: Hubert X. Gilroy. 11"squire MARTSON DEARDORFF WILI_IAMS & OTTO Ten East High Street Carlisle, PA 17013 Laurie A. Saltzg v r, E Attorncy for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17106 (717) 236-9428 • FAX(717)236-2817 KAREN J. 'VARVEL n/k/a, IN THE COURT OF COMMON PLEAS KAREN J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 06-672 RALPH B. VARVEL, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION TO DISMISS AND NOW, comes the Plaintiff, Karen J. Miller, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Motion to Dismiss and in support thereof avers as follows: Movant is Karen J. Miller, formerly Karen .I. Varvel, Plaintiff in the above-captioned action. 2 4 5 Ralph B. Varvel, Defendant in the above-captioned action, died on June 29, 2008. Following the Defendant's death, his children, Heath Varvel and Jennifer Varvel filed a Petition for Special Relief and Finding of Grounds for Divorce on July 2, 2008. Movant brings this Motion requesting that this Honorable Court dismiss the Petition for Special Relief and Finding of Grounds for Divorce as the divorce action has abated pursuant to the Defendant's death. 23 Pa.C.S.A. § 3323 (d.l) and (g) provides as follows: (d.l) Death of a party. In the event one party dies during the course of divorce proceedings, no decree of divorce has been entered and grounds have been established as provided in subsection (g), the parties" economic rights and obligations arising under the marriage shall be determined under this part rather than under 20 Pa.C.S. (relating to decedents, estate and fiduciaries). MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 (g) Grounds established. For purposes of subsections (c. I ) and (d.1), grounds are established as follows: (1) In the case of an action for divorce under section 3301(a) or (b) (relating to grounds for divorce), the court adopts a report of the master or makes its own findings that grounds for divorce exist. (2) In the case of an action for divorce under section 3301(c). both parties have filed affidavits of consent. (3) In the case of an action for divorce under section 3301(d ), an affidavit has been filed and no counter-affidavit has been filed or, if a counter-affidavit has been filed denying the affidavits averments, the court determines that the marriage is irretrievably broken and the parties have lived separate and apart for at least two years at the time of the filing of the affidavit. 6. Since none of the provisions of 23 Pa.C.S.A. ? > 323(_) have been established in this case, the petition for Special Relief and Finding of Grounds for Divorce should be dismissed, as the divorce action has abated with Defendant's death. WHEREFORE, Movant, Plaintiff in the above-captioned action hereby requests this Honorable Court dismiss the Petition for Special Relief and Finding of Grounds for Divorce as the divorce action has abated with Defendant's death pursuant to 23 Pa.C.S.A. §3323. Respectfully submitted. Laurie A. Saltzgiver.. squire Attorney 1. D. 61382 Meyers, Desfor. Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 KAREN J. VARVEL n/k/a, KAREN J. MILLER, Plaintiff vs. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION - LAW IN DIVORCI: CERTIFICATE OF SERVICE I hereby certify on this Y day of July, 2008, that a copy of the foregoing Motion to Dismiss was mailed, first-class, postage pre-paid to: Hubert X. Gilroy, Esquire MARTSON DEARDORF17 WILLIAMS & OTTO Ten East High Street Carlisle, PA 1701 Laurie Saltzg?ver, --squire Attorney for Plaintiff IMEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX(717)236-2817 JUL 1 X 2008 KAREN J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS KAREN J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 06-672 RALPH B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this /J" day of Lj u T , 2008, upon consideration of the attached motion, a continuance is hereby granted in this matter, and the hearing shall be held before the undersigned, on the jj??day of u / , 2008, commencing at / ; .3 d o'clock e m. in Courtroom # I DISTRIBUTION: J. Laurie A. Saltzgiver, Attorney for Plaintiff, P.O. Box 1062, Harrisburg, PA 17108 Hubert X. Gilroy, Esquire, Attorney for Defendant, Ten East High Street, Carlisle, PA 17013 Cap7 I." P"a i LL ?? og MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 AIM o 61 =C Wd S 1 ?Iqf 8002 }?i'10 4; i _Cv 3 3JNi J0 r KAREN J. VARVEL n/k/a, KAREN J. MILLER, Plaintiff vs. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION -LAW IN DIVORCE AMENDED MOTION TO DISMISS AND NOW, comes the Plaintiff, Karen J. Miller, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Amended Motion to Dismiss and in support thereof avers as follows: Movant is Karen J. Miller, formerly Karen J. Varvel, Plaintiff in the above-captioned action. 2. Ralph B. Varvel, Defendant in the above-captioned action, died on June 29, 2008. 3. Following the Defendant's death, his children, Heath Varvel and Jennifer Varvel filed a Petition for Special Relief and Finding of Grounds for Divorce on July 2, 2008. 4. Movant brings this Motion requesting that this Honorable Court dismiss the Petition for Special Relief and Finding of Grounds for Divorce as the divorce action has abated pursuant to the Defendant's death. 5. 23 Pa.C.S.A. § 3323 (d.1) and (g) provides as follows: (d. l) Death of a party. In the event one party dies during the course of divorce proceedings, no decree of divorce has been entered and grounds have been established as provided in subsection (g), the parties' economic rights and obligations arising under the marriage shall be determined under this part rather than under 20 Pa.C.S. (relating to decedents, estate and fiduciaries). MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 (g) Grounds established. For purposes of subsections (c. l) and (d.1), grounds are established as follows: (1) In the case of an action for divorce under section 3301(a) or (b) (relating to grounds for divorce), the court adopts a report of the master or makes its own findings that grounds for divorce exist. (2) In the case of an action for divorce under section 3301(c), both parties have filed affidavits of consent. (3) In the case of an action for divorce under section 3301(d), an affidavit has been filed and no counter-affidavit has been filed or, if a counter-affidavit has been filed denying the affidavit's averments, the court determines that the marriage is irretrievably broken and the parties have lived separate and apart for at least two years at the time of the filing of the affidavit. 6. Since none of the provisions of 23 Pa.C.S.A. § 3323(g) have been established in this case, the Petition for Special Relief and Finding of Grounds for Divorce should be dismissed, as the divorce action has abated with Defendant's death. 7. The Honorable Edward E. Guido has been assigned to the above-captioned action. Presently pending before Judge Guido is a Petition for Special Relief and Finding of Grounds for Divorce which was filed on July 2, 2008. 8. Opposing counsel does not concur with this motion. WHEREFORE, Movant, Plaintiff in the above-captioned action hereby requests this Honorable Court dismiss the Petition for Special Relief and Finding of Grounds for Divorce as the divorce action has abated with Defendant's death pursuant to 23 Pa.C.S.A. §3323. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully Laurie A.` fQjv4, Esq ire Attorney I.D. 61382 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. BOX 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 KAREN J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS KAREN J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 06-672 RALPH B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this 22nd day of July, 2008, that a copy of the foregoing Amended Motion to Dismiss was mailed, first-class, postage pre-paid to: Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Laurie A. S?altzgiv&, Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 c r-4. * ii F:\FILES\Ciie is\12569 Varvel\ 12569. I. Stip 1 Created: 9120104 0:06PM Revised. 7/23/08 2:46PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant KAREN J. VARVEL, n/k/a IN THE COURT OF COMMON PLEAS OF KAREN J. MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 06-672 - CIVIL ACTION - LAW RALPH B. VARVEL, Defendant IN DIVORCE STIPULATION The parties to the above action stipulate to the following facts for purposes of the Court's consideration of the Petition for Special Relief and Finding of Grounds for Divorce filed by Petitioners Heath and Jennifer Varvel in their capacity as co-Executors of the Estate of Ralph B. Varvel. This Stipulation is, however, not an admission by either party that any of the stipulated facts are relevant for purposes of the Petition filed by Heath and Jennifer Varvel. This Stipulation is also entered into without prejudice to either party's position herein: 1 Karen J. Varvel, now known as Karen J. Miller, and Ralph B. Varvel were married on June 19, 1997. 2 The marriage between Karen J. Varvel (Wife) and Ralph B. Varvel (Husband) was the second marriage for Husband and the third marriage for Wife. 3 Husband and Wife separated on November 20, 2005 when Wife left the marital home which was jointly owned by the parties and was located at 52 Pine Tree Lane, Shermansdale, Perry County, Pennsylvania 17090. There is an outstanding joint mortgage against the marital residence with the Bank of Landisburg. The monthly amount of the mortgage payment is $690.21. 4 Wife filed a divorce action under Sections 3301(c) and 3301(d) of the Pennsylvania Divorce Code against Husband on February 2, 2006, at the above captioned term and number. The Complaint in the divorce action alleged that the marriage between the parties was irretrievably broken. Husband did not file an answer to the Complaint. The Wife filed a spousal support claim against Husband in Perry County at Docket No. DR- 2006-00058 and, by Order of Court from Perry County dated 10 day of July, 2006, the Perry County Court denied Wife's spousal support claim. 6 On or about December 12, 2007, Wife filed a Motion for Appointment of a Divorce Master listing the statutory grounds for divorce as Section 3301(c) and Section 3301(d) of the Pennsylvania Divorce Code. 7 The parties engaged in a sexual and dating relationship from July 2006 to March 2007. 8 Subsequent to the filing of the divorce action, Wife assumed her prior name of Karen J. Miller. 9 After Wife's filing of a Motion for Appointment of a Master alleging the grounds for divorce were Section 3301(c) and Section 3301(d) of the Pennsylvania Divorce Code, the Cumberland County Court appointed the Divorce Master on December 14, 2007. 10 The Divorce Master held a conference on or about May 20, 2008, with legal counsel for the parties, and during the conference, the Master directed the parties to jointly list the marital home for sale in order for the proceeds of the sale of the home to be available to distribute in equitable distribution. The house was never listed for sale. II Wife filed an Inventory on or about December 12, 2007, a copy of which is attached hereto as Exhibit "A." Husband did not file an Inventory. 12 Husband became ill in May 2008 and died on June 29, 2008, as a result of an aggressive illness. 13 Husband executed a will on June 13, 2008, leaving his estate to his son and daughter from a prior marriage, Heath R. Varvel and Jennifer Ann Varvel, and also appointed Heath and Jennifer as co-Executors of his estate. 14 Heath R. Varvel and Jennifer A. Varvel were appointed as co-Executors of the Estate of Ralph B. Varvel by appropriate action of the Register of Wills of Perry County on July 2, 2008 at Docket No. 2008-0115. 15 On July 2, 2008, Petitioners Heath R. Varvel and Jennifer A. Varvel filed a Petition for Special Relief and Finding of Grounds for Divorce asking this Court to determine that the Divorce Master should proceed with distribution marital property of the parties pursuant to 23 Pa.C.S.A. Section 3323(g). 16 Neither party filed an Affidavit of Consent to the divorce pursuant to Section 3301(c) of the Divorce Code. 17 Neither party filed an Affidavit of Two Year Separation pursuant to Section 3301(d) of the Divorce Code. 18 Wife filed an Answer to Petition for Special Relief and Finding of Grounds for Divorce and Counterclaim on or about July 14, 2008, which requested counsel fees. Additionally, Wife also filed a Motion to Dismiss the Petition for Special Relief and Finding of Grounds for Divorce on or about July 14, 2008. On or about July 23, 2008 Wife filed an Amended Motion to Dismiss the Petition for Special Relief and Finding of Grounds for Divorce. A copy of Wife's legal fees to date in this matter, which the parties stipulate are fair and reasonable, is attached hereto as Exhibit "B." Respectfully submitted, Laurie . Salt ve Esquire Hubert X. Gilroy i Dated: July 23, 2008 r , , J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 06-672 B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE INVENTORY OF PLAINTIFF, KAREN J. MILLER EXHIBIT MEYERS, DESFOR, SALTZGIVER 6 BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (7171236-2817 INVENTOR' OF PLAINTIFF, KAREN J. MILLER Assets Marital Residence (J) 2"d mortgage 52 Pine Tree Lane Bank of Landisburg Shermans Dale, PA 17090 1998 Chevy Lumina (W) Members 1' Federal Credit Union Checking Account (W) 1996 Buick 1996 Chevrolet Corvette (H) 1993 Eagle American Ironhorse "Chopper" Motorcycle Central PA Teamsters Pension Fund (A) Retirement Income Plan (B) Defined Benefit Plan Bank of Landisburg (H) Acct.# 3695360 (checking account) Acct.# 367015854 (savings account) PA Central Federal Credit Union (H) savings account Debts Credit Cards Discover Card (W) VERIFICATION I, Karen Varvel verify that the statements made in this Inventory are true and correct to the best of my knowledge, information and belief. I understand that falsE statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 12/10/07 (g ) Plain iff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG. PA 17108 (717) 236-9428 • FAX (717) 236-2817 Karen J. Miller (f/k/a Karen J. Varvel) v. Ralph B. Varvel Counsel Fees Exhibit re: Petition for Special Relief and Finding of Grounds for Divorce Date Description Hrs. Amt. Atty. 7/3/08 Review petition; TC with client (2x) 1.0 225.00 LAS TC with attorney; review order 7/8/08 Research; draft answer and 2.0 450.00 LAS counterclaim 7/9/08 Revise answer-and counterclaim 1.5 337.50 LAS draft Motion to Dismiss 7/10/08 Revise Motion to Dismiss; draft 1.5 337.50 LAS orders (2); draft letter; TC with client 7/14/08 Outline Brief .50 112.50 LAS 7/16/08 Draft brief; research 3.0 675.00 LAS 7/17/08 Review docket; draft brief, 3.0 675.00 LAS revise brief; draft Notice to Produce 7/21/08 TC with client; finalize brief; .75 168.75 LAS letters; review letter and information 7/23/08 Prepare for hearing; Attend Hearing ? ? LAS Totals 13.25 $2,981.25 Hourly Rates Laurie A. Sal tzgiver, Esquire $225.00 per hour EXHIBIT 13 ?.u> , _?, ? ; ? ., ?{ ,. ?,? ,t :: ?;. _,. KAREN J. VARVEL, n/k/a, IN THE COURT OF COMMON PLEAS OF KAREN J. MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 06-672 CIVIL TERM RALPH B. VARVEL, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 23rd day of July, 2008, notwithstanding our Order of July 3, 2008, the Plaintiff, Karen J. Miller, may list for sale the real estate at 52 Pine Tree Lane, Shermans Dale, Pennsylvania, with a Realtor and proceed with that sale on the condition that any proceeds from the sale will not be disbursed until there is a Final Order on this matter. ? Laurie A. Saltzgiver, Esquire Attorney for Plaintiff v--Hubert x. Gilroy, Esquire Attorney for Defendant srs 1. or E-S er'.-al-24L I 7/2-Lr`02) KAREN J. VARVEL, n/k/a, KAREN J. MILLER, Plaintiff V. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 23rd day of July, 2008, by agreement of the parties, this matter will be handled on the basis of stipulated facts and cross-motions for summary judgment. Once the parties have listed this matter for argument, the Court Administrator is directed to assign it to be argued on the morning of September 3, 2008, on a panel upon which the undersigned is sitting. B Edward E. Guido, J. ? Laurie A. Saltzgiver, Esquire Attorney for Plaintiff Zubert x. Gilroy, Esquire Attorney for Defendant Court Administrator srs coPEs e n-. < < '? ? 511`x, _ f t ..-?,-I A -; FABLES\Clients\12569 Varvel\I2569.1.msj.wpd Created: 9/20/04 0:06PM Revised: 7/24/08 9:36AM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 ( 717) 243-3341 Attorneys for Defendant KAREN J. VARVEL, n/k/a IN THE COURT OF COMMON PLEAS OF KAREN J. MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 06-672 - CIVIL ACTION - LAW RALPH B. VARVEL, Defendant IN DIVORCE MOTION FOR SUMMARY JUDGMENT AND NOW, come Movants, Heath and Jennifer Varvel, co-executors of the estate of Ralph B. Varvel, by and through their attorneys, Martson Deardorff Williams Otto Gilroy & Faller, who aver as follows: 1. The parties filed a Stipulation of facts on July 23, 2008. 2. The primary issues before the Court are the legal questions of whether: a. This Court has jurisdiction to determine grounds for divorce were established before Ralph Varvel_s death; b. The divorce action has abated; and C. Respondent Karen Miller is entitled to an award of counsel fees in this matter. 3. Movants are entitled to judgment as a matter of law with respect to the issues above. WHEREFORE, Movants respectfully request your Honorable Court hold that Defendant/Movants are entitled to judgment as a matter of law with respect to their Petition for Special Relief and Finding of Grounds for Divorce. Respectfully submitted, Dated: July ? , 2008 Hubert X. Gilroy, E uire Jennifer L. Spear , Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 ( 717) 243-3341 Attorneys for Defendant 1 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion for Summary Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Laurie Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle 410 N. Second Street P.O. Box 1062 Harrisburg, PA 17108 MARTSON LAW OFFICES Y Tri is D. eck nroad Ten East Hig Street Carlisle, PA 17013 ( 717) 243-3341 Dated: July, 2008 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) KAREN J. VARVEL, n/k/a KAREN J. MILLER VS. RALPH B. VARVEL No. 06-672 , CIVIL Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Laurie Saltzaiver. Esauire (Name and Address) P.O. Box 1062, Harrisburg, PA 17108 (b) for defendants: Hubert X. Gilroy, Esquire (Name and Address) 10 East High Street, Carlisle. PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: if pomsitale -Ms. SaltzQiver is avaiable. Date: July:: , 2008 Print your name Hubert X. Gilroy, Esquire Defendant Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ?.?.. :?-? ? 3 C._ :'-! .. ?.v` .:.. --?.. i?s? , L?' ? - ? ? ^. ti KAREN J. VARVEL n/k/a, KAREN J. MILLER, Plaintiff VS. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-672 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, Karen J. Miller (f/k/a Karen J. Varvel), by and through her counsel, Meyers, Desfor, Saltzgiver & Boyle, and pursuant to the provisions of Pa.R.C.P. 1035.2 presents the within Motion for Summary Judgment and states in support thereof as follows: 1. The executors of Defendant's estate filed a Petition for Special Relief and Finding of Grounds for Divorce on July 2, 2008. 2. On July 14, 2008, Plaintiff filed an Answer to Petition for Special Relief and Finding of Grounds for Divorce and Counterclaim, as well as a Motion to Dismiss. 3. On or about July 23, 2008, Plaintiff filed an Amended Motion to Dismiss. 4. The pleadings in this matter are closed. 5. The parties have filed a Stipulation of Facts with regard to the above referenced filings on or about July 24, 2008. Accordingly, discovery has been completed. 6. Plaintiff brings this Motion for Summary Judgment as there is no genuine issue of material fact regarding this issue. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 7. Plaintiff believes she will prevail as a matter of law as 23 Pa.C.S.A. § 3323(d.1) and (g) are applicable herein. Pursuant to the Divorce Code, the divorce action has abated, as grounds for divorce have not been established pursuant to 23 Pa.C.S.A. § 3323(g). 8. This action has previously been assigned to the Honorable Edward E. Guido. Judge Guido has issued an Order on July 23, 2008 assigning the case to be argued before an argument court panel on which he is sitting on the morning of September 3, 2008. WHEREFORE, Plaintiff, Karen Miller respectfully request this Honorable Court grant her Motion for Summary Judgment and dismiss Defendant's Petition for Special Relief and Finding of Grounds for Divorce, with prejudice. Respectfully submitted, Laurie A. S fIgiApr, Esquire V Attorney I.D. 6138, \\ Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 KAREN J. VARVEL n/k/a, IN THE COURT OF COMMON PLEAS KAREN J. MILLER, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. NO. 06-672 RALPH B. VARVEL, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify on this aAday of , 2008, that a copy of the foregoing Motion for Summary Judgment was mailed, first- lass, postage pre-paid to: Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 l Laurie A. Saltzgi*,er, Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 4- ? KAREN J. VARVEL, IN THE COURT OF COMMON PLEAS OF a/k/a KAREN J. MILLER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. RALPH B. VARVEL, NO. 2006 - 0672 CIVIL TERM Defendant IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, P.J., GUIDO, J. ORDER AND NOW, this S+* day of DECEMBER, 2008, the Defendant's request for special relief is DENIED. The Plaintiff's Motion for Summary Judgment is GRANTED and this action is DISMISSED. Plaintiffs Request for attorney fees is DENIED. ? Laurie A. Saltzgiver, Esquire ? Hubert X. Gilroy, Esquire :sld lr0101ES r'ha l 'LL Edward E. Guido, J. Vir oVMA', N 3d CS :O! WV S' 330 88OZ is i i {-z . d 3Hi JO KAREN J. VARVEL, a/k/a KAREN J. MILLER, Plaintiff V. RALPH B. VARVEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 0672 CIVIL TERM IN RE: MOTION FOR SUMMARY JUDGMENT BEFORE BAYLEY, P.J., GUIDO, J. OPINION AND ORDER OF COURT The plaintiff has filed this motion for summary judgment based upon the death of the defendant. She contends that his death operates to abate these divorce proceedings. Defendant argues that this court can still proceed to address the economic claims pursuant to the equity powers conferred upon us by Section 3323 (f) of the Divorce Code.' Statement of Facts and Procedural History The facts are not in dispute. Plaintiff, Karen J. Miller (also known as Karen J. Varvel), and the defendant Ralph B. Varvel were married on June 19, 1997. This marriage was the third for plaintiff and the second for the defendant. On November 20, 2005, the couple separated when plaintiff left the jointly owned marital home. '23 Pa. C.S.A. § 3323 (fl. NO. 2006 - 0672 CIVIL TERM On February 2, 2006, plaintiff filed this action alleging grounds for divorce under Sections 3301 (c) and (d) of the Divorce Code.2 Defendant did not file an answer. However, both parties aggressively litigated the economic issues, including spousal support, APL and discovery involving equitable distribution. By December of 2007 all discovery was complete. Plaintiff filed a motion to appoint the Divorce Master. A prehearing conference was held before the Master on May 20, 2008. The Master directed the parties to list the marital home for sale so that the proceeds could be distributed.3 On June 13, 2008, the defendant executed a will which left his estate to his children from a prior marriage. The action was prompted by a sudden and serious illness. He died on June 29, 2008. Defendant's executors filed a "Petition for Special Relief and Finding of Grounds for Divorce". The petition requested this Court to find that grounds for divorce existed so that the Divorce Master could continue with the distribution of the marital property. Plaintiff filed an answer in opposition to the petition as well as a motion to dismiss the divorce action. In addition, she filed a counterclaim which requested counsel fees incurred in connection with opposing the petition. After filing a stipulation of facts, each party filed a motion for summary judgment. Legal Standard for Summary Judgment Motion A motion for summary judgment will be granted "whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or 2 23 Pa. C.S.A. § 3301 (c) and (d). 3 The home was not listed before the defendant died. If this action is abated, the home will pass to plaintiff by operation of law. 2 NO. 2006 - 0672 CIVIL TERM defense ... ".4 Summary judgment may be granted only in cases where the right is clear and free of doubt. Musser v. Vilsmeier Auction Co. Inc., 522 Pa. 367, 370 (1989) (citing Thomson Coal Co. v. Pike Coal Co., 488, Pa 198. Abatement of Divorce Action It has long been the law of this Commonwealth that a divorce action abates upon the death of one of the parties. Upperman v. Upperman, 119 Pa.Super. 341, 181 A.252 (1935). Moreover, the enactment of the Divorce Code in 1980 did not change this longstanding principal. See Haviland v. Haviland, 481 A.2d 1355 (Pa. Super. 1984). However, the 1980 Divorce Code did specifically address one situation in which the action would not abate. Section 3323 (d) provides as follows: Substitution for deceased party.- If one of the parties dies after the decree of divorce has been entered, but prior to the final determination in such proceeding of the property rights and interests of the parties under this part, the personal representative of the deceased party shall be substituted as a party as provided by law and the action shall proceed. (emphasis added) 23 Pa. C.SA. § 3323 (d). In 2005 the legislature provided further exceptions to the rule of abatement with the enactment of Sections 3323 (d.1) and (g) of the Divorce Code.5 Section 3323 (d.l) provides: Death of a party. In the event one party dies during the course of divorce proceedings, no decree of divorce has been entered and grounds have been established as provided in subsection (g), the parties' economic rights and obligations arising under the marriage shall be determined under this part rather than under 20 Pa. C.S. (relating to decedents, estates and fiduciaries). a Pa. R.C.P. 1035.2 '23 Pa. C.S.A. § 3323 (d.1), (g). 3 NO. 2006 - 0672 CIVIL TERM Pursuant to 3323 (g), a party may establish grounds for divorce if. (1) In the case of an action for divorce under section 3301 (a) or (b) (relating to grounds for divorce), the court adopts a report of the master or makes its own findings that grounds for divorce exist. (2) In the case of an action for divorce under section 3301 (c) both parties have filed affidavits of consent. (3) In the case of an action for divorce under section 3301 (d), an affidavit has been filed and no counter-affidavit has been filed.... The defendant's heirs concede that neither an affidavit of consent nor an affidavit of two year separation was filed by either party. In addition, there was no judicial finding of grounds for divorce prior to defendant's death. However, they contend that this Court should use the equitable powers conferred upon us by Section 3323 (f) to find that grounds for divorce existed, thus allowing the defendant's heirs to continue to pursue the equitable distribution claims. The equitable powers contained in Section 3323 (f) were part of the original Divorce Code enacted in 1980. Yet no court ever suggested that the equity powers contained in that section could be used to change the law with regard to abatement. Furthermore, when faced with the issue after the 2005 revisions to the Divorce Code, the Superior Court rejected the argument that Section 3323 (f) could be used to expand upon the exceptions to abatement authorized by 3323 (d.1) and (g). See Yelenic v. Clark, 922 A.2d 935, 940 (Pa.Super. 2007). Therefore, we are constrained to grant Plaintiff's Motion for Summary Judgment and to dismiss the divorce action. Attorney Fees Plaintiff seeks attorney fees pursuant to 42 Pa. C.S.A. § 2503. Under that section an individual "shall be entitled to a reasonable counsel fee" when "the conduct of another 4 NO. 2006 - 0672 CIVIL TERM party ... was arbitrary, vexatious or in bad faith. ,6 A party's conduct will be considered arbitrary "if such conduct is based on random or convenient selection or choice rather than on reason or nature." Thunberg v. Strause, 682 A.2d 295, 299 (Pa. 1996) (citing Bucks County Board of Supervisors v. Gonzalez, 632 A.2d 1353, 1356, (Pa. Commw. 1993). Conduct is vexatious if it is "without sufficient grounds in either law or in fact and if (it) served the sole purpose of causing annoyance." (emphasis added) Id. Bad faith involves action undertaken "for purposes of fraud, dishonesty, or corruption." Id. In addition, Rule 3.1 of the Pennsylvania Rules of Professional Conduct state that "[a] lawyer shall not bring ... a proceeding, or assert or controvert and issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law" (emphasis added). In this case defendant's heirs could not reasonably argue that the grounds for divorce as outlined under 23 Pa. C.S.A. § 3323 (g) were met in this case. In fact, they agreed that the grounds were not met. Rather, they appealed to the equitable powers granted to us in matrimonial cases under § 3323 (f) of the Divorce Code . While we do not agree with petitioners assertion that we can exercise our equitable powers under § 3323 (f), neither do we believe that their conduct was "arbitrary, vexatious or in bad faith." 7 They did not act for the purposes of harassment or annoyance. Rather they sought to appeal to our equitable powers in order to avoid a perceived injustice. There is no dispute that the parties' marriage was over and that a final divorce was imminent. Defendant's untimely death resulted in the plaintiff 6 42 Pa. C.S.A. § 2503 (9). 42 Pa. C.S.A. § 2503 (9). 5 NO. 2006 - 0672 CIVIL TERM receiving the entire marital home rather than her equitable share. While we are bound by the Superior Court's interpretation of Sections 3323 (d.1) (g) and (f), the matter has not been finally determined by the Pennsylvania Supreme Court. Under these circumstances, an award of attorney fees would be an inequitable addition to plaintiff s windfall. For the reasons set forth above, defendant's request for special relief is denied. Plaintiff's Motion for Summary Judgment is granted. Plaintiff's request for attorney fees is denied. ORDER AND NOW, this JOYAday of DECEMBER, 2008, the Defendant's request for special relief is DENIED. The Plaintiff's Motion for Summary Judgment is GRANTED and this action is DISMISSED. Plaintiff's Request for attorney fees is DENIED. By the Court, /s/ Edward E. Guido Edward E. Guido, J. Laurie A. Saltzgiver, Esquire Hubert X. Gilroy, Esquire :sld 6