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Home My WebLink About94-02121 j d\ , '. - ***~'~~-~~*~*~*---***)~~._*-~~~-~ ~l--~----'--~-~'-- ,----~-~----,----,- ---~---,;, .. , . w, ~ '? ~ ~ r-.-;.-.,:-;. .. .-=-,,' ..... .:.'... .~.. ..... . . ~ ~.' w '.' w '.' ~ ~ '.' ~ ~ '.' ~ i '.' ~ ,', ~ ~ ..' ~ <;' v ~.' ~ .' ~ s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. w '.' ,', ~ ,', ~ ~ '.' ~ $ w '.' KENNETH J. BOYLES Plaintiff N ().?1.~}HHH,.~IV,I.~.....,.. ll) 94 * ~ ,', ~ Vel'SlIS ~ RONNA BOYLES ~ ~ Defendant " ~ '.' ~ DECREE IN DIVORCE * ~I '.' ~ AND NOW,.,....... J!~,~... ."!.":.,., 19 .~.~... it is ordered and decreed that.. .~~~.~~~~. .J,... ~~.X~~~.........,................, plaintiff, and, .. . . , , . , . . , ~.Q~~(\, .wn..J=:.~ , . . . . . . . . . . . , . . , . . . . . . . . . . . . . '. defendant, are divorced from the bonds of matrimony. .. ~ '.' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; An Agreement of the parties dated July 16, 1996, was placed on the record .....,.........................................0 ... ........................ before the Divorce Master on that date, The tenus of that Agreement are 'ihCbrpbratEo'ihto the' Decree' ih'Divorce~'" '...., ........,." ,............ Dy T e Court:}/ ,A ~ AlIesl bV~'nu E' u)~~t;' ~~. ~~Ha ~>>~ 9:[, / ' t"rothonotnry ... ~ .,~..~~~**~*~.********~.~~.~. s ,;, r.; ~ w ',' ~ <;, ~ ,.; ~ ,', :, ,', ~ .~ ',' $ ,', ~ ,', ~ ,;, r.; ~.. w ',' i ',' " ,~ ~ ~. ,;" ~ ~ '.' ~ ~.' ~ ~.' * ~ ... * * ~ (~ ,.., l~ !~ l~ /", i* ".' :.', ~~ ;~ ~ , ' ;~ CN/~/M'~~~~~ ~.L/.t)) '71~~ ~ 4- CJ~ , . -. ~..... KENNETH J. BOYLES, Plaintiff, :IN 'mE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA v. :NO. 2121 CIVIL 1994 RONNA BOYLES, Defendant :IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmil the record, together with lhe following infonnation, to the Court for entry of a divorce decree: 1. Ground for the divorce is irretrievable breakdown under the Section of 3301 (c) of the Divorce Code. 2. TIle Divorce Complaint was served hy U.S. Mail, certified, restricted delivery, on April 22, 1994. 3. Affidavits of Consenl and Waiv"l'S of Notice of Intention to Request Entry of a Divorce Decree required by See lion 3301(e) of the Divorce Code were exeeuled by Ihe Plaintiff on July 15, 1996, and the Affidavil of Consent was signed by Ihe Defendant on July 15, 1996. Since the Defendant failed 10 file a Waiver of Notice of Intention 10 Request Entry of Divorce Decree, Plaintiff filed a Notice of Intention to Request Entry of Divorce Decree on December 11, 1996. A time-stamped copy of the Notice of Intention to Request Entry of Divorce Decree was served on the Defendant on thill same date, Dnd more 1118n twenty (20) days have lapsed since lhc dale of service of the Notice. "';'....,,',..:..$,;,.'..0, "',!:'~-X-7,?::~!,"'~;a;~~~:)z'-:"'?;';i ~:.,.-..,,~ 4. There are no related claims pending. An Agreement of the parties dated July 16, 1996, was placed on the record before the Divorce Master on that dale. The lenns of that Agreemenl are to be incorporated into the Decree ill Divorce. 8/3/Q, Respeetfully submilled, BY: Andre C. Jac bsen, Esq. JACOBSE KES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 AUomey No. 20952 0" .. "H :trif.j~.' ~. k...;,~..,.."<^,.,,,..,.,.-;:,~.. . . KENNETH J. BOYLES, Plaintiff, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA v. . . :NO. 2121 CML 1994 RONNA L. BOYLES, Defendant . :IN DIVORCE r: .!) ~ i~ 1..0, -., ..~ t,~ - ~ . i;:!l , . '::? .- .. 20 :-. ..}~ - . - ~, . - jin ... .. ~-.. :., . .. t.' ::~ NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: RONNA L. BOYLES, Defendant Attorney of Record: Robert L. O'Brien, Esq. Plaintiff intends to file with the court the attached Praecipe to Transmit Record on or after December 31, 1996, requesting that a final Decree in Divorce be entered, 12/1<:. ) 110.' Q (! ('\ . c - " '-..'-'-.-:~, . BY: Andrea C.JaCobsen, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 , " ", t: '" ; p" ~ t'. t";' ,-' -~.~. ". ,. .. ! .... '-", , " A~ , · ,OF THE POOTHONOTARY .'97 FEB"3 PH 312/ -"'t ~~:~ :~~ ,1;". f((:, ':,-;' CUMIJi:iiU'i;U CUU,'lfy ~< "PENNSYl~Wlll .. ' " "C,. t~ .. ~:i :!J ,~ : "', .,.t :~ \:.;. (,'0 .,,:' -','''- _ ~i,_, .!;~ . ~-.; . .~~; '"t:- . '(:t~ ..1\.' tf:. :H "~"[' '.~ ~'" ~.o:"^ .-J: :'. >~ "'" , . .....'ti I,). .~,.~,,-:> 'c' )'-, , " " " ,~... 't ~rf -',:~: -'"f{ '.. s:. ','t, , 1.'J:. . \i:.' ..1'",. f: ,;~ -.j-, --;'-'-:-~-'-'" 7.l'(''-:''"'--'~--:c-~-- -.~.,..- ,,"",. .., ...,..- ,c ~. I.,. ...~. , "'~~:.'~~.~'i~}f;!:~i~~'~i:~~:},~~;%. '_'''"' U'''' ""!~'"';~*: ':,~~;.:,5-l-~~'1 _-: ":. "".- ~._:.,<',-~~.;;r~f~~:-~-:.~;-.-, ,: .'~_,\ '.' 1 ~ v. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA :NO. 2121 CIVIL 1994 KENNETH J. BOYLES, Plaintiff, RONNA L. BOYLES, Defendant . . :IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: RONNA L. BOYLES, Defendant Attorney of Record: Robert L. O'Brien, Esq. Plaintiff intends to me with the court the attached Praecipe to Transmit Record on or after December 31, 1996, requesting that a final Decree in Divorce be entered. 1<)10 )1~ O~,,_C)<C'+ BY: Andrea C:-Jaeobsen, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 KENNETH J. BOYLES, Plaintiff, :IN TilE COUHT OF COMMON PLEAS :CUMBEHLAND COUNTY PENNSYLVANIA v. :NO. 2121 CIVIL 1994 RONNA BOYLES, Defendant :IN DIVORCE PRAECIPF. TO TRANSMIT HECORO To lhe Prothonotary: Transmit the record, together wilh the following infonnalion, 10 the Court for entry of a divorce decree: 1. Ground for the divorce is irretrievable breakdown under the Seclion of 3301 (c) of the Divoree Code. 2. TIle Divorce Complaint was scrved by U.S. Moil, certified, restricted delivery, ou April 22, 1994. 3. Affidavits of Consenl and Waivers of Notice of Intention to Request Entry of a Divoree Decree required by Section 3301(c) of the Divorce Code were execuled by the Plaintiff on July IS, 1996, and by the Defendant on July IS, 1996. 4. TIlere are no related claims pending. Au Agreement of the parties doted July 16, 1996, was placed on the record before Ihe Divorce Master on thot date. 'OIC tenlls of that Agreement orc to be iucorporated into the Decrce in Divorce. J?J'''/r~ Hcspcetfully submitted, O~11()C BY: Andrca C. (!~Qbsen, Esq. JACOBSEN & MILKES 52 E. High Strcet Carlisle, PA 17013 (717) 249.6427 Attomey No. 20952 ..' :.!.: .. ,..~ " " " KENNETH J. BOYLES, Plaintiff, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA v. :NO. 2121 CIVIL 1994 RONNA L. BOYLES, Defendant :IN DIVORCE CEHTIFICATE OF SF-HVICr, I, Jennifer L. Coyle, hereby certify that a copy of the Notice of Intention to Request Entry of Divorce Decree in the above captioned mailer was duly served upon Robert L. O'Brien, Esq., allomey for the Defendant, by personal service to his office, on December 10, 1996, at the following address: Robert L. O'Brien, Esq. O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 I hereby verify that the statements made in the foregoing are true and correct. I understand lhat false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: /CJ/ICj1(C :' ~ i, ~, ~ <f U H ;1 J ,', ,...', ALED-OFACE OF l~:F mOTHm:OTMY 96 nEe II AIIII: !i3 Cu' "';"";' " I" ""1'1' hh)~.1 I......J ...; -.-....,/v.. PENt\S'(I.YA:'~f\ ">,,,,:,..,.~,+,,'....iilJ',,,,,,,,*~*,,,,,,",_"-""""'~""'''''''-~''''-'-'''''~''--'-.....~.....~..-......._--~~--_.. '" ( '~_~.'"'T'-"""-. ~......- >-".i.~,;,~~~";,!}-,_.-~, - ~}~, ':~0 r.....",..,....,...." " KENNETH J. BOYLES, Plaintiff, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA v. :NO. 2121 CIVIL 1994 RONNA BOYLES, Defendant :IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonolary: Transmil the record, together with the following infonnation, to the Court for entry of a divorce decree: 1. Ground for the divorce is irretrievable breakdown under the Section of 3301(e) of the Divorce Code. 2. TIle Divorce Complaint was served by U.S. Mail, certified, restricted delivery, on April 22, 1994. 3. Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code were executed by the Plaintiff on July 15, 1996, and by Ihe Defendant on July IS, 1996. 4. TIlere are no related claims pending. An Agreemenl of Ihe parties dated July 16, 1996, was placed on Ihe record before the Divorce Masler on Ihal date. TIle lenns of Ihal Agreemenl are to be incorporated into the Decree in Divorce. BY: Andrea sen, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Anomey No. 20952 '... I " ~~~~~f~'''~: ~J .. ' : ~~~T"';' '.~~~~,~;. '~~?~~j:~~;'f~~1~1!111~J~~~r{(r J. BOYLBS, Plaintiff, IN THB COURT OF COMMON PLBAS CUMBBRLAND COUNTY PBNNSYLVANIA NO.?~'a.,~ I CIVIL 1994 v. . . . . . . . IN DIVORCB RONNA BOYLES, Defendant NOTICE You have been sued in court. If you wish to defend against the claims eet forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the oas. may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may loee money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 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 TAKB THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THB OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, THIRD FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE. 717-240-6200 r"!"" ..,.?.....,...,.'. .....".."',"1.~ KENNETH J. BOYLES, Plaintiff, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY PENNSYLVANIA I I NO. ql.( - alJ./ CIVIL 1994 I I IN DIVORCE I v. RONNA BOYLES, Defendant COMPLAINT UNDER SECTION 33011cl OR 33011dl OF THE DIVORCE CODE 1. Plaintiff is Kenneth J. Boyles, who currently resides at 1516 Doubling Gap Road, Newville, Cumberland County, Pennsylvania, since 1974. 2. Defendant is Ronna Boyles, who currently resides at 1942B Fry Loop, Carlisle, Cumberland County, Pennsylvania, since December 1, 1993. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 12, 1970, at Camp Hill, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers & Sailors Civil Relief Act of the Congress of 1940 and it amendments. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. .. - "~~>".~': -'~'jf.'V;""c~"'_;'~'f' ,;00,.",-,', .C... ,-, ~,.,',',""', " .,.,".'..' .,', '....;...._~.. 9. Plaintiff requests the Court to enter a decree of divorce. C2'L-(/ c :; _ Attorney for Pla ntiff Andrea C. Jac b.en JACOBSBN , HILKBS 36 South pitt Street Carlisle, PA 17013-3220 (717) 249-6427 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. ~ r ~-~ -.' - ) .. '~BNNBTH J. BOYLBS Date I I I If 2,1 i~ f' ~1 <_.' 'T.':. .'"........t~~-, \!;~)~;,;',,-\ '.;"f; , .-. ..~, ~ . :'.-. - ,t,',\'~: ~, r. L'.{, ~', 'f,;~~~-<'c., ~.- t ".'~"": :( ,", " ',~. " c _::"o'--.:'li"C:o.;..,_: -. __, l', }cA~R~Zl.,2s!rK '9aI ----"'-:.',':.-;.;~:, ," -' ',,' ','. ,,~tLf.i).OfflllE ' , (IF TilE. PjiOTIlONOTAf\Y CUM8ERLl.llD COUNTY , ,P[IlHSYLV/.NIA ,,'-J:t 17S, SO 5.00 ~;, . - - . '-'\ - 'rt /So. 50 I,. - ""_-"7":' \~;~~~J:;'~j;~ "",~L,'- '::. ,,',",.,," ,-' , I " t Dated I -7'-~,:)- q '-l /V "KENNETH ~ ~,~- J. BOYLES V KENNETH J. BOYLES, Plaintiff, I I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO.q~.~/~1 CIVIL 1994 v. . . Defendant I I IN DIVORCE I RONNA BOYLES, WAIVER OF COUNSELING Plaintiff, Kenneth J. Boyles, herein, hereby states and certifies as follows I 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a lis~ of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the ponalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. ~,,""', .~,~ '~'.--,'~~?I;;~,L: ' \'. " >-"<<':1:."" . ~11Nii~1->"{;-:~'~:~'~$Lf~' . ,;,'_jGz.:'iiJ:;i:w;.;-x., '-.... ..."! ......-., ~~. ...."'.,,-. . .._~-'"' , '00_', hPRZZ 2 S3 PH 'Sq Flu. V 'Of FleE Of IliE I'ROTI/ONOTAnY CUMBeRLAND COUN ry I'F.NI/SYLVMIIA ,0-, ,. I " , " , -....~A ,! f .. '. " '~A;__' ;',,~.'f; -::;~ ; . - ~ IJ'fTn: It'-r T1J ~ -1 lIT' .., -""J'-~~'''J', r,""~"'_~'_ -c> .. ~~ .- ~,"=- -"-'."~~""'),J:.. , ":iV.....;':""Y'. f -'1''' v. NO. 94-2121 CML TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA KENNETH J. BOYLES, Plaintiff RONNA L. BOYLES, Defendant AFFIDAVIT OF SERVICE I, Roberta A. Hockenberry, hereby certifY that a true and correct copy of the Complaint and Waiver of Counseling in the above-captioned matter was duly served upon the Defendant, Ronna L. Boyles, by depositing it in the U.S. Mail, certified, restricted, return receipt requested, on April 22, 1994, addressed as follows: Ronna L. Boyles 1942 B Fry Loop Road Carlisle, PA 17013 The return receipt card was signed on the 23rd day of April, 1994. The return receipt card is attached as Exhibit "A." I hereby verifY that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: May 5, 1994 ~]/')ti;}, () ,---l,h,//'1I IY'I I',' ROberta A. Hockenberry -~~ d..~ ~;,_ II ."~-~ ,. - i\'C:\, "ill" . \ ".~'c<l &18 :1'.; lIa S . ~ p.,,,~ ~8.-4 ~ ~ >0 ell o >0 ~p., : ~~~ \ ~i, .iJI"ul,. .i , ~. l I! ~ ~A.-4~U!! I I L_.__.. --_____._..'____ ~ ~ ,IN 'Q '-) ~ II I pi ! ! I~ l" I L )! ) II JI h ~ LBBI lurir 'OOSE w.o~ Sd ,< .., ~n __ '.~'~.~ .' .. .... ~--_.., ~.~t>~'~,.",_, ' el. '1.;"". re- .-.........- .~;:..-- "1 ..,';""""J,._,c,..:, _, , ',1. ~'t-" t ,i, ~ 1 . , 1 " . 11 t~""." ; ~ "-' , . ! "'" , ..,. 'I t,ii:it,li i j I'f! ': " . I t '..- I t,.".,". !,-. HAY 5 2 57 PH '9~ \; ~ tfle: Of :, '~Otl~Hr.~' CUll", "",li:) C"~-'jfY fi{-.h".;'oIt '.;,,'l,l'~ ~ (. { } ) , ; J , j .I ! I ';1 ':_' i ! ( ( ) ) .. " '~'.' .. ,'" " -. \, ~ ,.~'''~'''-"'''" v. :NO. 2121 CIVIL 1994 KENNETH J. BOYLES, PIRintiff, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA RONNA BOYLES, Defendant :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO IlEQUEST ENTRY OF A DIVORCE DECREE UNDER fi 3301(0) OI~ THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony. division of property, lawyer's fees or expenses if I do not claim them before 0 divorce is granted. 3. I understand that I will not be divorced until 0 divorce decree is cntered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements mode in this affidavit arc tme and correct. 1 understand that false statements herein ore llIode subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: 7 -1~-qlD ~~ KENNETH J. BOYL S . , A~ 'Ami OF WEPR01llONOTrn I . , J"" ',:, 96'JUL 16"Pt\ 3129 i:". -'.'~. " . . '. CUMBERLl"'~D COUNft' , ,PENNSYLV,ANlA , ':;;1 "1 ~~'.0 -, . "-,!>.,--.."""t'-'-~-l"'-"'~----------'---'''-'''''_'''>-'-="",",,,M>''''''..c_..,__......,.. ,<""':~A - --- - T ~:' .'~ "~ .,f<~~~'.::5'~t:\.~r:4., :,-;",: ",:1' " ", - :_"_'~ ~!.:':~~:~Fr\~{4f~~~J;~<D~~~~.;tlKr;.v::,~..~~~~~~~:~~~p~[~,:<''^ "1/'-),: , ' " ;'~" " " , ...., _ '; ":,".~~~'!'t'(;i.~11-,UiL;',, i;1;;_!.t,}"!d'1~i<,?'a!.~.~'j.;-.'~_'~;.-:"2:..:.'.;,>_ ,~. ...--.. 'r"<"~>/':Ti' 'd ' __,_ _ __ __:- '_."~'~d:...ti'4!<:-:{~~'~11~;;;':{\ ';,=:"t~':-~.'I.'~;'N~.1-,}:~':loo:r4..._.......,.-.,...;;.:.~4JIlt7 ,M. _,~~~~'~':7 ." .. KENNETII J. BOYLES, Plaintiff, IIN THE COURT OF COMMON PLEAS ICUMBERLAND COUNTY PENNSYLVANIA v. :NO. 2121 CIVIL 1994 RONNA BOYLES, Defendant :IN DIVORCE AFFIDA VIT OF CONSF.NT 1. A Complaint in Divorcc under Ihc Divorcc codc was filcd on April 22, 1994, on the grounds dlOt the marriage of thc partics is irrctrievably brokcn. 2. nle marriage of Plaintiff and Dcfcndant is irrctricvably broken and ninety days have elapsed from thc dalc of filing the Complainl. 3. I consent to thc cntry of 0 final decrce of divorcc. 4. I understand Ihat I may lose rights conecrning alimony, division of property, lawyer's fees or expenses if I do not claim Ihcm bcforc 0 divorcc is granled. I verify thalthc statcmcnts lIIade in Ihc Affidavit ore true and correct. I understand that false statcmcnts hercin ore modc subject to lhe pcnalties of 18 Po.C.S. ~ 4904 relating 10 unsworn falsification to authorities. Datcl ~J,S h b y~~ KENNETH J. B L >,/," . ,".', :r , ..-H"!!"-,, ..:,--,,_,\,>';1,_"_ ~>r1.S;.'",-:':' -:j~:~;.." 'n.:w' .,. -. ~ - '\~..: ',,,n- .'6F'~TAAV " -::..:,':' -'-,,'- ,j .... "... '.~. .'~' '" ): 96JULl6 PH 3: 28 t:- \.,,,' . I._ - ,~ ~ ,'r '.fl' ._~.. CUMBERtN,D COUNTY , "PENNSYLVANiA. -.,. ,:.,,-~. . >,..";, - ~..~ ., --~.~. ..~ ~. .- . -- ~- .. .. ., " " ~:~. ,. .'; , : ",r~fJ.;~ :'.,:-~~~_:.:;- ....' ..''::::'.,'>,{. . ~ :.'~t::~l~i{ ~'\f~~~~ri*~;..: . ;.~~.~~~4~~ .," '.'.- ,. , . :", ., -r', ~< .: ",f -:-'<1. .\1" ,- , . ~'. " ':,. , . ~', ., - ,-- ''-:i.: ';:_:~~<l"" ';!.' ..~, - '. ~}\~~--::'" -~- "..- .. :-. . ~ ~... , ,..........w~_~___~~.~'_'_~__'"",..__"."_~_.. ---"""tr~~... %'ti'i"'- ~::t;\F"::'" , ",' , '. "l';':>~~!'{~~~~~l~~~~~~i;,j':,':.t.-\if,'~" T _._~..t-......~ . . KENNETIl J. BOYLES, Plaintiff, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY PENNSYLVANIA v. :NO. 2121 CIVIL 1994 RONNA BOYLES, Defendant :IN DIVORCE AFFIDAVIT OF CONSF.NT 1. A Complaint in Divorce under the Divorce code was filed on April 22, 1994, on the grounds that the marriage of the parties is irretrievably broken. 2. TIle marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyCl"s fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: ~~ RONNA BOYL '."j .~~~; y "-:-;1.-!"~:):'~!t.~<~7'; ,~'I-~;i~',. /~.,) -'F . . . <I~;~~~,~f~,~;.~.-,~~<<:;.t -<'>-'.:- ,~~~it~~.,:-_4__._' F'/~irot';~ ~..,.,'.'",. .~:. ~ 1.1,,.-..0,: ,,,:>-"".!'~-."'-. '3 f KENNETH J. BOYLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . : CIVIL ACTION - LAW VB. RONNA L.BOYLES, Defendant NO. 2121 1994 CIVIL IN DIVORCE STATUS SHEET DATE: Cj 1 'f{",'" -~-~s-, '6(7-7/l(l.o (). v',^, ti /1'1 ,...~~...t...': - CJ AJ..J.r- . -cJ.. ~ , OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 We.' Shore 697-0371 Ex!. 6535 E. Robert Elicker, II Divorce Masler Trecl Jo Colver Office Manager/Reporter Andrea C. Jacobsen Attorney at Law JACOBSEN & MILKES 52 East High street Carlisle, PA 17013 RE: Kenneth J. Boyles vs. Ronna L. Boyles No. 94 - 2121 In Divorce August 9, 1995 Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 Dear Ms. Jacobsen and Mr. O'Brien: By order of Court of President Judge Harold E. Sheely dated August 7, 1995, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on April 22, 1994, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. Inasmuch as economic claims have not been raised in the action (a petition for alimony pendente lite filed by the Defendant is in the file), until economic claims are raised by petition or amended complaint, I will withhold issuing a directive for the filing of pre-trial statements. In the event economic claims are filed, then I will direct the filing of pre-trial statements which is the customary procedure. Very truly yours, E. Robert Elicker, II Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240,6535 We.' Shore 697-0371 Ext. 6535 E. Robert Elicker, II Divorce Master Tracl .10 Colyer Office Manager/Reporter Andrea C. Jacobsen Attorney at Law JACOBSEN & MILKES 52 West High Street Carlisle, PA 17013 RE: Kenneth J. Boyles vs. Ronna L. Boyles No. 94 - 2121 In Divorce September 5, 1995 Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 Dear Ms. Jacobsen and Mr. O'Brien: Andrea Jacobsen, attorney for the Plaintiff, Kenneth J. Boyles, filed a petition for equitable distribution on August 28, 1995. Inasmuch as an economic claim has now been raised in the action, I am directing each counsel in accordance with P.R.C.P. 1920.33(b) to file a pre-trial statement on or before Monday, September 25, 1995. Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. t....,."4~.."',',',. .c._ VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW KENNETH J. BOYLES, Plaintiff . . : NO. 2121 CIVIL 1994 RONNA L. BOYLES, Defendant . . IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Andrea C. Jacobsen , Counsel for Plaintiff Robert L. O'Brien , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, Carlisle, Pennsylvania, on the 11th day of December, 1995, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/26/95 E. Robert Elicker, II Divorce Master ORDER AND NOTICE SETTING HEARING To: Kenneth J. Boyles Andrea C. Jacobsen Ronna L. Boyles Robert L. O'Brien , Plain tif f , Counsel for Plaintiff . Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 4th day of April , 1996. at 9:00 a.m., at which place and time you will be given toe opportunity to present witnesses anrt exhibit~ in sUPP0rt of your case. By the Court, ~~ ~:::: Harold E. Sheely, .Judge Date of Order and Notice: 12/11/95 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 JACOBSEN & MILKES 52 East High Street Carlisle. PA 17013.3085 Samuel W. MlIkes Andrea C. Jacobsen Tel 717 249.6427 Fax 717249-8427 August 26,1996 Robert E. Elicker, II Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Kenneth J. Boyles vs. Ronna L. Boyles No: 94 - 2121 In Divorce Dear Mr. Elicker: Enclosed please find the transcribed Stipulation and Agreement which was dictated before you on July 16, 1996. The Agreement has now been signed by both parties and I am forwarding it to you with the understanding that you will prepare an Order vacating your appoinbnent, and counsel can then proceed to file a Praecipe transmitting the record to the court with a request for the entry of a final Divorce Decree. Thank you for your assistance in this matter. Sincerely, JACOBSEN & MILKES BQ.~~n ACJ\llc Enclosure cc: Rob O'Brien, Esq. Kenneth J. Boyles KENNETH J. BOYLES, Plaintiff vs. RONNA L. BOYLES, Defendant -.... ""'.~"..." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW NO. 94 - 2121 : IN DIVORCE RESCHEDULED HEARING ORDER AND NOTICE SETTING HEARING To: Kenneth J. Boyles Andrea C. Jacobsen Ronna L. Boyles Robert L. O'Brien , Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 16th day of Julv , 1996 at 9:00 a.m., at which plac~ and time you will be given tile opportunity to present witnesses and exhibit~ in support of your case. Date of Order and Notice: 4/4/qfj By the Court, ~~ \:::: . Harold E. Sheely, .Judge By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 The parties were married on December 12, 1970, and separated in December 1993. They are the natural parents of two children who are now adults but living with the father and attending college. It " t,_.... ,...,~."''' "~"'~ ;'.~"'I" KENNETH J. BOYLES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 2121 CIVIL 1994 . . RONNA L. BOYLES, Defendant : IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, December 11, 1995 Present for the Plaintiff, Kenneth J. Boyles, was attorney Samuel W. Milkes. Mr. MilkeD is appearing today for Andrea C. Jacobsen. Ms. Jacobsen will be trying the case and there has been no objection raised to Mr. Milkes' appearance considering the local rule requirement that the attorney pretrying the case should try the case. Present for the Defendant, Ronna L. Boyles, was attorney Robert L. O'Brien. A divorce complaint was filed on April 22, 1994. The complaint raised grounds for divorce of irretrievable breakdown of the marriage. The parties will sign and file affidavits of consent prior to the hearing to be scheduled in these proceedings so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. Husband filed a claim for equitable distribution by petition on August 28, 1995. Defendant's counsel has indicated that he will be filing claims on behalf of his client for alimony and attorney fees and costs. Counsel have indicated that there may be an issue with respect to marital misconduct as that issue is dealt with in the alimony claim. Specifically, there is a question as to whether or not husband was involved with a female friend prior to or subsequent to the separation. If Mr. Boyles was involved with his female friend prior to the separation perhaps counsel will be able simply to stipulate that the relationship was ongoing before the parties separated. Otherwise if the issue remains as to when the relationship with the female friend commenced we may need to take some testimony on that matter and counsel are requested to provide the Master and opposing counsel a list of witnesses who will be testifying on that issue. , ~: '. (_"._~"""O'- Husband is 46 years of age and resides at 1516 Doubling Gap Road, Newville, Pennsylvania, where he lives with his female friend and the two adult sons. Husband is the manager of Colonel Denning Park and is employed by the Commonwealth of Pennsylvania, Department of Conservation and Natural Resources. His payment from his income for the home that he is residing in at Colonel Denning Park is $131.50 per pay. Husband is paid biweekly and his statement in the pre-trial statement showed a biweekly gross of $1,656.75 and a net of $995.05. Added back into that biweekly net would be the $131.50 deduction for the home (maintenance) to arrive at his income. A review of husband's income was also made by Judge Hess in the request by wife for alimony pendente lite and Judge Hess, in October 1995 in a statement incident to an order of court setting alimony pendente lite, determined that husband's net monthly income was $2,440.00. He is paying wife alimony pendente lite in the amount of $500.00 monthly pursuant to the court order. Husband has a Bachelor of Science Degree from Penn State University. He has not raised any health issues. Wife is 45 years of age and resides at 1942 Fry Loup Avenue, Carlisle, Pennsylvania, which is a rental townhome where she lives alone. She is a high school graduate. She is employed with the Probation Office of Cumberland County as a clerk typist. Her income as reported on the pre-trial statement is a biweekly net of $568.26. However, there is some question about the accuracy of that number and counsel are going to have to make further inquiries to arrive at the appropriate income number. Judge Hess in his order in October 1995 found that wife's net monthly income was $1,204.00. Wife does have some health issues which she has described as insulin dependant diabetes, Carpal Tunnel Syndrome (one hand has been operated on and the other hand needs to be operated on), and stress and depression. She is taking Prozac for the stress and depression. Husband has a pension with the Commonwealth of Pennsylvania and counsel are going to stipulate that the value of that pension is $72,587.09. Wife's attorney has indicated that the parties may be able to agree to use a Qualified Domestic Relations Order as a method of distributing that pension in these proceedings. Wife has a pension with Cumberland County but it is not yet vested. A statement that has been provide showed that as December 31, 1993, the contributions of wife to that fund were $1,296.42. There seems to be some issue about the accuracy of that number and counsel are going to contact the county offices to determine if that is the proper amount of wife's contribution as of the date of separation. In March 1990 husband's parents conveyed to husband and wife a property at 1 Glennwood Drive West, Camp Hill, Pennsylvania. The property is subject to a life estate in favor of husband's mother, who is 90 years of age. Counsel have not had the property appraised and when they do make a presentation as to the value of that property, consideration has to be given as to how the life estate affects the market value. The property is subject to a mortgage in favor of PNC in the amount of $33,000.00 which husband has been paying. When wife left the home where the parties were living together she took a few designated items of household tangible personal property leaving the majority of tangible personal property in husband's possession. The property needs to be appraised to arrive at a value for purposes of distribution. The pre-trial statements are silent as to any vehicle information and counsel are going to inquire of the parties as to whether or not there were any marital vehicles and the value of those vehicles for purposes of distribution. Mr. O'Brien indicated that he believes Mr. Boyles has a state vehicle but perhaps has another vehicle as well for his personal use. We have no information as to whether or not wife has a vehicle or the status of that vehicle in terms of value or debt owed. In addition to the mortgage of $33,000.00, the parties apparently took out a consolidation loan subsequent to the mortgage loan with PSECU. The balance of that loan as of October 31, 1993, was $6,806.78. Husband has been paying that loan. A statement from INS Insurance Company has been provided showing that the life insurance policy as of October 31, 1993, had a cash value of $8,898.00. There is a loan against that policy in the amount of $1,296.00 and counsel need to verify that we reduce the cash value by the amount of the loan to arrive at an appropriate number for equitable distribution. The policy is on husband's life, and counsel will inquire as to the beneficiary status on that policy. In discussing how we will handle the value that is finally established in the real estate for purposes of distribution, Mr. O'Brien has indicated that his client may be willing to defer taking her interest until the life estate is extinquished at which time the property will be sold and wife will receive the appropriate percentage of distribution as arrived at in these proceedings from the net proceeds of the f'i"'''~'_'_''' sale. Another issue which seems to be one of the main issues in the case is the amount of alimony which wife will be entitled to receive. The Master has indicated in discussion with counsel that it is his opinion that wife is certainly entitled to receive alimony, the amount, however, being the issue. The Master has further indicated that the alimony that is recommended will be indeterminate as far as the time and amount subject to changed circumstances of the parties and reviewed by the Court on petition of either of the parties. A hearing is scheduled for Thursday, April 4, 1996, at 9:00 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master cc: Samuel W. Milkes Attorney for Plaintiff Robert L. O'Brien Attorney for Defendant . ---..---. . v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ... .~ c:: . ;} .... C'" : CMLACTION. LAW f':~'." ~ ":; ~ ~. I ," . j:;=': :. : NO. 94-2121 CML 1995 .,. ,..:, W ... . -.'': : IN DIVORCE :-,i:;",~ ; t~~O ,_ fJ1 :. :.., := '" .-,:, . ,.......~ :s: p.,~-4 ....> - -c~ 'C,Q '" KENNETH J. BOYLES Plaintiff, RONNA L. BOYLES Defendant. PETITION FOR EQUITABLE DISTRIBUTION 1. Petitioner is KENNETH J. BOYLES, Plaintift'herein. 2. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." 3. Plaintiff and Defendant have not agreed as to an equitable division of said property. WHEREFORE, Plaintiff requests the Court to equitably distribute all marital property and to grant such further relief as it shall deem proper and just. Respectfully submitted, B : Andrea C. obsen, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249.6427 Attorney No. 20952 I'~-r"t~t.-,.,.',",,+'"~'ct OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Masler Tracl "0 Colyer Office Manager/Reporter Andrea C. Jacobsen Attorney at Law JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 Re: Kenneth J. Boyles vs. Ronna L. Boyles No. 94 - 2121 In Divorce We.t Shore 697.0371 Ex!. 6535 June 16, 1996 Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street carlisle, PA 17013 Dear Ms. Jacobsen and Mr. O'Brien: Enclosed is a draft of the agreement which you put on the record on July 16, 1996. Please review the draft for any corrections with the understanding that no substantive changes can be made. When you have reviewed the draft give us a call and let us know if you want us to send the original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document I will then obtain a Court order vacating my appointment. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master 1 CD 1 KENNETH J. BOYLES, -" Plaintiff, 2 VB. 3 RONNA L. BOYLES, 4 Defendant. 5 6 7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2121 CIVIL : IN DIVORCE 18 19 20 21 22 23 24 ~ 25 JACOBSEN & MILKES BY: ANDREA C. JACOBSEN, ESQUIRE FOR - PLAINTIFF O'BRIEN, BARIC & SCHERER BY: ROBERT L. O'BRIEN, ESQUIRE FOR - DEFENDANT O\l.\~\~I\~ C.P.C.R.S. (717) 258-3657 or (800) 863-3657 o CD ...) 2 1 2 DEPONENT 3 James Marakowski 4 5 6 7 8 9 10 11 12 13 14 INDEX TO TESTIMONY EXAMINATION PAGE By Mr. O'Brien 3 15 By Ms. Jacobsen 15 16 NO. 17 (NONE.) 18 19 20 21 22 23 24 25 INDEX TO EXHIBITS DESCRIPTION PAGE C.P.C.R.S. (717) 258-3657 or (800) 863-3657 o 5 6 7 8 9 10 11 12 ,8 13 14 r' " !lIIlJlt 3 1 STIPULATION 2 It is hereby stipulated by and between the 3 respective parties that signing, sealing, certification and 4 filing are waived; and that all objections except as to the form of the question are reserved until the time of trial. JAMES MARAKOWSKI, called as a witness, being duly sworn, was examined and testified as follows: BY MR. O'BRIEN: Q. Could you state your name, please? A. James John Marakowksi. Q. And what is your profession, sir? A. I am a D.O., doctor of osteopathy. Q. Could you outline your educational background from 15 undergraduate work to the present time? 16 A. Can I give you a cv that I submitted here before? 17 Q. Sure. 18 A. Is that satisfactory? 19 MS. JACOBSEN: Yes. But can you just tell us 20 where did you go to school, where did you study medicine and 21 when? 22 THE DEPONENT: I went to PCLM in Phillie. I did 23 a one year rotating internship. I did a two year family 24 practice residency. I was board certified. I kept my CMEs . ~ 25 up to date and I continue to hold certification, et cetera C.P.C.R.S. (717) 258-3657 or (800) 863-3657 4 (j),., ~ -, . ~ .. ., 1 in family practice. 2 BY MR. O'BRIEN: 3 Q. Family practice? 4 A. Yes. 5 Q. How lonq have you been practicinq? 6 A. Since 1979. 7 Q. Now, Doctor, have you had occasion to treat Mrs. 8 Ronna Boyles as a patient of yours? 9 A. Yes. 10 Q. And at what facility have you treated her? 11 A. At the Perry Health Center. 12 Q. And for approximately what period of time have you CD 13 been her family care physician? 14 A. Since 1984. 15 Q. Now, at the present time she continues to be seen 16 by you at this facility? 17 A. Yes. 18 Q. Other than the acute problems which brinq her in 19 to see you, could you address what chronic problems you 20 currently are treatinq her for? 21 A. Okay. The first problem that we chronically see 22 Ronna for is diabetes. She's insulin dependent. 23 Q. I am qoinq to ask you some questions about that. 24 Approximately when was the onset of the diabetic condition? . , o 25 A. She's been diabetic since I've known her. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 5 0 1 Q. SO, since 1984? 2 A. Yes. 3 Q. And approximately what time frame did she become 4 insulin dependent? 5 A. I'm not sure. I'm not sure of that. 6 Q. Well, has it been for the last two or three years 7 anyway? 8 A. Oh. yes. Do you want me to - - 9 Q. Yes, if I can. She's been separated from her 10 husband for almost two years, and I just would want to 11 establish that the onset of the insulin treatment preceded 12 the separation. 0 13 A. preceded it? 14 Q. Yes. 15 A. She's been separated since when, November '93 or 16 December '93? 17 MS. JACOBSEN: sometime in October or November of 18 '93. 19 THE DEPONENT: Yes. Well. I have stuff going 20 back to '91. Is that sufficient or do you want me to -- 21 BY MR. O'BRIEN: 22 Q. Yes, Doctor. that's fine. Now, what does insulin 23 dependence do, or what does the use of insulin provide in 24 regard to the diabetic condition in Ronna's case? u 25 A. Controls her blood sugar. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 6 0 1 Q. And in regard to her condition, she had indicated 2 that she had infections and had difficulty healing? 3 A. Correct. 4 Q. Is that something that's commonly associated with 5 a diabetic condition? 6 A. Yes. 7 Q. How well does the insulin control her blood sugar? 8 9 A. Well. Q. How long would you expect that she would continue 10 to 11 MS. JACOBSEN: Excuse me. Did he answer that 12 question? 0 13 THE DEPONENT: Well. 14 MS. JACOBSEN: Oh. Well. I thought you said 15 well, and -- good. 16 THE DEPONENT: Very good. 17 BY MR. O'BRIEN: 18 Q. How long would you expect that she will continue 19 to be insulin dependent? 20 A. For the rest of her life. 21 Q. Now, what symptoms does she have -- for example, 22 gradual slow healing and other matters -- that are related 23 to the diabetic condition? 24 A. Okay. Well, specifically the one thing that , ~ 25 stands out in my mind is we did a toenail surgery on her. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 7 (D 1 Q. 2 A. And specifically what type of surgery was that? 23 A. It just gives you a general idea. A normal To remove the toenail, because it was infected 3 from a fungal infection. It was ingrown and it was giving 4 her trouble, pain. So, we removed it. We've done literally 5 hundreds of them, and she was one of the slowest healers 6 we've had. It was a long slow process till the toe finally 7 was healed completely and it was infected several times, and 8 it gave us a lot of trouble. 1"'0 V 9 Q. The length of time, if you could estimate or 10 indicate how long it took for her to heal from that 11 procedure? 12 A. Do you want me to give you exact - - 13 Q. Yes. 14 A. Because that's in the notes here. 6/22/95 is when 15 we did the surgery. That toe really wasn't completely 16 healed probably until December. 17 Q. And you've indicated that you've -- 18 A. There's multiple notes in between those dates, 19 obviously, of the infections and x-rays that were done and 20 areas that were drained and what not. I mean, I can go over 21 all that. 22 Q. That's all right, Doctor. 24 person, they're healed in two months completely at the most. " V 25 Q. And is it your opinion to a reasonable degree of C.P.C.R.S. (717) 258-3657 or (800) 863-3657 .. r~-- \"?"I,~tr'''" 8 y. \..V 1 medical certainty that the slow healing was related to the 2 diabetic condition as to other matters? 3 A. Yes. And that's not unusual in diabetic 4 patients. I mean, this io well known and well understood. 5 They have a higher infection rate, higher complication rate, 6 et cetera. 7 Q. What prognosis do you anticipate in your opinion 8 that Ronna will have with the diabetic condition in the 9 future? 10 A. It's well known that diabetes is a bad disease. 11 It has multiple complications. It's the leading cause of 12 blindness in the country, the leading cause of renal disease , ,,-'7:\" Q 13 and renal failure, contributes to stroke, coronary artery 14 disease, peripheral vascular disease, and probably some 15 other things too, but, you know, the list is long and it's 16 not a good list. So, she's going to have long term chronic 17 problems from her diabetes. 18 Q. In regard to any other chronic condition that she 19 suffers from that you treat her, can you address the next 20 one? 21 A. We've treated her for anxiety and depression over 22 the years. If you look through her chart, which I am sure 23 you will, you'll see that this waxes and wains depending on 24 family situations. I mean, she had some tough times with ~ 25 her children when they were growing up through their teenage C.P.C.R.S. (717) 258-3657 or (800) 863-3657 (. 9 (r) 1 years. We've treated her for anxiety and depression during ".~. 2 those periods of time, and then, of course, since her 3 husband left she's had increased stresses and strains. 4 We've treated her for that and normal work stresses too, 5 with job and things like that. 6 What kind of treatment does she receive for the Q. 7 anxiety and depression? 8 Right now she's receiving Prozac, which is an A. 9 antidepressant, and BUSpar, which is an antianxiety agent. Q. Does she continue at the present time to require 10 11 12 Q) 13 14 15 16 17 those medications? A. Yes. Q. Given the length of time that she's been suffering from that anxiety and depression, can you offer, again, a prognosis to a reasonable degree of medical certainty as to the duration of this condition? A. Obviously the past is no predictor of the future, 18 but you can see that she is an anxious somewhat depressed 19 female, and life stresses, life situations make them worse. 20 So, I wouldn't expect that pattern to change. 21 Q. All right. Next chronic condition that you see 22 her for, Doctor? 23 A. Well, that would probably be muscle contraction, 24 headaches and muscle inflammations also related to tension ''l ,~ 25 and stress. If you look back through the chart, she has C.P.C.R.S. (717) 258-3657 or (800) 863-3657 Cf0 "''"'" 10 1 headaches, trapezius myositis, which is an inflammation of 2 the muscles in the back of the neck. 3 Q. So if I understand, the anxiety and depression are 4 the -- I am searching for the term. 5 A. 6 Q. 7 A. 8 Q. Exacerbate. Yes. The-- Underlying condition. Yes. So, that as she suffers from that she gets 9 the muscular contractions, headaches, and so forth? 10 A. Correct. And in conjunction with that she also 11 gets irritable bowel syndrome. And if you look back through 12 her chart -- I don't know the exact pages and dates, but i(I) 13 they are in there -- when she's under a lot of stress or 14 tension she'll get colitis, in layman's terms, bouts of 15 diarrhea. 16 Q. What medications can she receive or does she 17 receive for the colitis? 18 A. She's been treated with medicines like Metamucil, 19 Librax. Levsin I believe is another one we used. Do you 20 want me to go back through all this and go -- 21 Q. 22 A. 23 Q. Yes. I mean, I can do that but, I mean, you're -- If you could just find in those notes when she was '. 24 suffering from those within, say, prior to the date of ~ 25 separation? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ~ 1 prior to? A. 2 Q. Yes. 3 So, that would be before .. A. 4 Q. '93. 5 She had an episode of reflux in June of '92. She A. 6 had an episode of qastritis in October of '91. 11/91 she 7 called for a prescription for Librax and was qiven Levsin 8 for irritable bowel. She's seen Dr. Lifton, a specialist, 9 too. You probably may have a -- there's a note about that. 10 Very qood then. 5/91 she was seen. 1/90 she was seen. Q. 11 A. 12 So, obviously it's an onqoinq thinq for the last Q. CI) 13 five or six years. A. Yes. Absolutely. No question. 14 15 16 17 18 19 20 21 22 23 24 J 25 Q. As I understand your testimony, Doctor, then the irritable bowl syndrome is connected in some fashion to the anxiety and depression? A. Correct. Q. Is it your opinion, then, that the last three areas that we've addressed, the anxiety and depression, the muscle contraction, headaches and so forth, and the bowel syndrome, are all somethinq that Ronna had had at least qoinq back to 1990? A. Yes. Q. What do you -. what's your proqnosis then in C.P.C.R.S. (717) 258-3657 or (800) 863-3657 11 12 E[} 1 reqard to tho irritable bowel syndrome? Will that continue 2 as lonq as she's anxious and depressed and so forth? 3 4 A. Q. Yes. And so, that again qoes with the ups and downs in 5 her life and the stresses in her life? 6 A. 7 Q. Yes. She had also reported to me that she had underwent 8 a surqical procedure for carpal tunnel release. 9 10 A. Q. Yes. Did you treat her for any of the symptoms prior to 11 the surqery for that? 12 A. ,,,,\\ \J.I 13 her to I would say yes, but, I mean, I remember referring so I must have done -- 11/94 she complained of 14 carpal tunnel. Well, still complaining. So, she probably 15 had it before that. But that's when we really got -- 16 Q. 17 A. Centered in on it and made the referral and Correct. That's when we did the EMGs and 18 everything. We really got serious about it. 19 20 A. 21 Q. She indicated -- She complained about it in August of '94 also. Q. Do your notes reflect which arm or arms she 22 complained of having the symptoms? 23 24 left. J 25 A. She had them in both arms actually, right and Q. And she had the surgery done on one of them is my C.P.C.R.S. (717) 258-3657 or (800) 863-3657 13 ~ 1 understanding. 2 A. Correct. 3 Q. Is it within your area of expertise to offer an 4 opinion as regards the prognosis for the carpal tunnel, the 5 treated or the surgically corrected arm, or would that be 6 outside your area? 7 A. In my experience they don't require resurgery. 8 They usually do well. she may need surgery on the other arm 9 now in the future because we frequently do both. 10 Q. Both. And her occupation, she indicated she's a 11 typist. 12 A. She's got a couple risk factors, her occupation ~ 13 and diabetes besides. That contributes. 14 Q. Oh, does it? Overall, then, how do you assess 15 Ronna Boyles' physical health as well as her emotional or 16 mental health? 17 A. That's a very difficult question for me to answer 18 today based on what we got back from the cardiOlogist. 19 This.. she's a 46-year old female and she's looking at a 20 heart catheterization at this point in time. 21 Q. Could you explain that? 22 A. We said she has chest pains and she's diabetic, 23 and her mother has coronary artery disease. So, we sent her 24 for a stress thalium test to make sure that she doesn't have ..' ~ 25 coronary artery disease. And Dr. Bailey, who I spoke with, C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ,. 14 (I) 1 is not sure whether she does or does not. The test suqqests 2 she may. The qo1d standard is the catheterization. That's 3 what we're qoinq to proceed with in the next week or so. 4 Q. And that is a diaqnostic procedure then? 5 A. Correct. 6 Q. And dependinq on the results of that? Riqht. Her proqnosis is qoinq to be -- 7 A. 8 Q. Up in the air. 9 A. up in the air until then, her cardiac 10 proqnosis. As far as her diabetes qoes, we all know -- I 11 don't have to reiterate all the lonq term complications. 12 It's a terrible disease. It takes a terrible toll on ([) 13 people. I have nothinq qood to say about it. 14 Q. The heart condition, what would happen if she did 15 have a coronary condition? 16 A. Based on the results of the catheterization would 17 depend on our treatment, whether she would be medically 18 manaqed, manaqed with either a balloon anqioplasty or she 19 would actually need coronary artery bypass qraftinq, open 20 heart surqery. Or it may come back neqative, you know, that 21 this test was a false positive and there's nothinq wronq 22 with her coronary arteries, which would be a blessinq at 23 this point. 24 MR. O'BRIEN: Doctor, I have no further . , ~ 25 questions. I thank you. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ~ .i~ 15 o 1 THE DEPONENT: I think I made a mistake about her 2 diabetes. She hasn't been insulin dependbnt since 1984. 3 She's been insu11n dependent since, I think, 1991, in that 4 area. 5 MR. O'BRIEN: 6 throuqh? 7 .THE DEPONENT: 8 diaqnosed diabetes. 9 BY MS. JACOBSEN: 10 Q. Is your last prior to that it was controlled Prior to that she did not have comment that she was first diaqnosed 11 with diabetes in '91? 12 A. In that area. CD 13 Q. In around '91. So, she shortly -- when she was 14 diaqnosed, then she shortly was put on insulin? 15 A. Yes. 16 Q. Would you -- do you know how tall Mrs. Boyles is? 17 A. She's about five one. 18 19 Q. And would you characterize her as beinq obese? A. Yes. 20 Q. And does her obesity playa role in her diabetic 21 condition? 22 A. No. Not at this point. If you look at her 23 hemoqlobin Al-Cs and her suqars, they're under rather I 24 don't know if you're familiar with very many diabetics. She ......, ~ 25 is probably one of the better controlled diabetics in our C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ~ 1 clinic. 2 Q. 16 And so you would not characterize her diabetes as 3 labile or brittle? 4 5 6 A. Q. A. Not at this point. It's very well controlled. And how much insulin does she take? My last note she's taking about 32 in the morning 7 and 28 in the evening. 8 Q. And has that been her dosage for a while? 9 A. I'd have to look back through her chart to tell 10 you that. I don't think we've changed it a whole lot 11 lately. 12 Q. And does that also signify that it's keeping her ~ 13 blood sugar where you want it to be? 14 A. 15 Q. Yes. I would say her sugars are pretty stable. I certainly don't want to in any way understate 16 the severity of diabetes, all right, or its effects or its 17 factor as a risk factor. Is it less so if you have 18 nonbrittle diabetes than if you have brittle diabetes? 19 A. That's very controversial. I think if you talked 20 to diabetologists and you can argue for days whether or not 21 tight insulin control leads to less retinopathy, less renal 22 failure, et cetera. I have my own opinion about that, 23 but 24 .~ o 25 Q. But it's controversial? A. It's controversial. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 -" I~ 17 ~ '(tjY Q. I understand that. Could you tell me whether -- 1 2 would the fact that you're sayinq her body weiqht is not a 3 factor, would that also be controversial or would you feel 4 pretty'- is that pretty established? 5 A. I don't understand your question exactly. 6 Q. I asked you earlier whether her body weiqht was a and I said obesity, but her body weiqht was a 7 factor 8 factor in her diabetic condition -- and I understood your 9 response to be no. All riqht? 10 Maybe I misunderstood what you asked me. You-- A. 11 I thouqht you asked me if her weiqht was makinq her diabetic 12 condition more difficult to control. () Q. Okay. No. I wanted to know whether her -- 13 14 A. And it's obvious that it's not because her suqars 15 are stable. So, qo ahead. 16 What I wanted to know was whether her weiqht was a Q. 17 factor in, would be a factor in terms of her likelihood to 18 fall victim to some of the risk factors of diabetes, for 19 example the coronary artery disease or -- 20 You're askinq if obesity by itself is an A. 21 independent risk factor. 22 Okay. And does it -- Q. 23 24 Is that what you're askinq? A. Q. I'm askinq you that. ..j A. It's probably a very weak contributor. In other 25 C.P.C.R.S. (717) 258-3657 or (800) 863-3657 18 (I) 1 words, if you were taking in the fact cholesterol, diabetes, 2 smoking, nonsmoking, et cetera. Okay? Obesity by itself is 3 a weak risk factor. 4 Q. And obesity with diabetes, does that make it more 5 of a factor? 6 7 them worse. 8 A. When you add added ~isk factors it always makes Q. So, it would make her diabetes -- if what you're 9 saying is if you add it, if the diabetes and the obesity are 10 adding it and I just want to establish that you are saying, 11 yes, it would make it worse. 12 A. Make what worse, her diabetes or her risks? See, ([) 13 that what I'm not understanding. 14 Q. 15 A. 16 Q. 17 A. Well, I'm saying her risks. It does not make her diabetes worse. No. No. I understand. It increases her risk. 18 Q., Okay. But it's the diabetes also in terms of the 19 other concerns that you outlined, diabetes is a risk factor 20 as in the heart disease and as in blindness. Is that 21 correct? 22 A. 23 Q. 24 overweight? .., J 25 A. Diabetes is a risk factor. So, it's more of a risk factor when you're Slightly more. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 19 If"""-, ' C':, : J ".<' 1 Q. Okay. 2 A. You understand I'm not trying to be evasive here, 3 but as physicians everything's a risk factor, and you try to 4 tell people the most serious thing and then what's less 5 serious. 6 Q. I understand. And I'm just -- has Ronna -- in 7 your opinion has Ronna Boyles' diabetic condition made her 8 unable to engage in regular employment? 9 A. She's able to work. 10 Q. Okay. In general, in your experience are 11 diabetics who have their disease under control to the 12 extent -. and I think you called her one of the most C[) 13 controlled patients that you had here .- are they able to 14 engage in employment during, for a normal employment tenure? 15 A. I would say no. 16 Q. Why would you say no? 17 A. Because I think if you look at the number of 18 problems that you can expect in a 46-year old female, we're 19 already working her up for coronary artery disease. You're 20 asking me a question that I may be able to give you a better 21 answer to, but right now I can tell you that if this test is 22 positive, her future employability is going to be up in the 23 air as far as what happens. 24 I mean, she could theoretically die from this ^ , ~ 25 disease in a very short time. I think insurance companies C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ,. - ~. 20 ~ 1 historically make diabetics pretty poor risk factors for 2 long term insurability, and I would think that that would 3 affect her. They're not stupid people. So, I don't think 4 diabetics -- I don't think you can expect them to work to 5 65. NO, I don't. 6 Q. Is there anything so far .. this test that came 7 back from Dr. Bailey, was this the thalium stress test? 8 9 A. Yes. Q. And was she able to perform up to her predicted 10 heart rate on that test? 11 A. She was brought up to greater than 85 percent of 12 maximum predicted heart rates. 8' ",.'1 . . :;'~ 13 Q. Now, I think there's a note down there on the 14 bottom of that report. who is that report from? The report 15 that you're looking at, who is that from? 16 A. Dr. Bailey. 17 Q. And who is Dr. Bailey? 18 A. He's a cardiologist with Moffitt, Pease & Lim. 19 Q. Now, did Dr. Bailey make any indication on his 20 report as to whether or not that test was diagnostic? 21 A. I personally communicated by phone with him. 22 Q. I understand, but on the report. 23 A. This report is equivocal. That's what I said from & \ " 24 when I walked in here. ,:J 25 Q. I understand, but the report .- doesn't the C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ,., 21 (I) 1 report say it's not diagnostic? 2 A. 3 Q. I don't know. Where are you reading? I think down here. (Indicating.) Listing its 4 impressions. 5 A. You're talking about that? These tests are 6 classically negative in diabetics. You can't go by that. 7 That's why we did the thalium. 8 Q. So, you're saying that information on it where it 9 says it's not diagnostic is misleading to read it out of 10 context? 11 A. No. It's just that. It's nondiagnostic. In 12 other words, it does not help us. 8 13 Q. And so, Dr. Bailey thought there were other 14 concerns that made him think we should go in and do a 15 catheterization? 16 A. 17 Q. 18 A. Yes. She has a defect on her thalium scan. What does that mean? I don't know at this point. You know, we don't 19 know. You're asking me questions that -- we have to do a 20 catheterization to answer those questions. 21 Q. Can you tell me what it means to have a one on a 22 New York Heart Association -- what functional class one 23 means for a New York heart? 24 A. Based upon this test at that point in time, she ,~ 25 can do any activities virtually that a normal 46-year old C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ,'-, 22 ([) 1 female can do. 2 Q. So, until we get the further refinement from the 3 other, from the further testing, we really don't know how 4 serious her condition is in terms of her heart. Is that 5 fair? 6 A. Right. That's fair. I know this is a hard question, but this is really 7 Q. 8 what we're here about. You said in general you might not 9 think that she could work a full work history till age 65. 10 All right? Do you have any estimate as to -- 11 A. No. 12 Q. Okay. ~ 13 A. We have a whole can of worms here that we've 14 opened that has not been resolved. And for me to make any 15 estimates at this point would be totally useless and, 16 actually unethical. 17 Q. Could it also possibly be that she may, with 18 corrective treatment of her conditions, be able to work till 19 age 65? 20 21 A. Is it possible? Q. Yes. 22 A. Certainly it's possible. 23 Q. You mentioned that she -- going on to another 24 condition -- you mentioned that she suffered from anxiety ~ 25 and depression. Would you call that anxiety and depression ~ C.P.C.R.S. (717) 258-3657 or (800) 863-3657 (.-- 23 ~,' (t ~ ) ,..,-.,_1 1 situational? 2 A. Yes. 3 4 Q. DO you know if she's ever had a -- A. If you look back throuqh her reports. Okay? 5 You'll see that she's a little anxious a lot of the time. 6 Now, but, you know, whether everyone of those episodes is 7 situational, I can't answer that. Certainly the number of 8 times that I've seen her, it seemed to be situational. If 9 you look back throuqh my notes, you'll see it was teenaqe 10 sons, or teenaqe problems with kids, husband problems, et 11 cetera, family problems, work problems. 12 Q. Did she ever mention her lover and difficulties Q) 13 with her lover durinq her marriaqe? 14 A. No. 15 Q. Did you -- to your knowledqe has she ever 16 received any mental health treatment? 17 A. Not to my know1edqe. 18 Q. And to your knowledqe has she ever received any 19 specific mental health diaqnosis of her condition other than 20 just a qeneral anxiety? I mean a DSM diaqnosis. 21 A. Of anxiety and depression other than that? 22 Q. Yes. Other than your diaqnosis as a family 23 practitioner. 24 A. Not that I'm aware of. I'm not sure if she went ~ 25 to a counselor or not at some point. I don't really recall. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 (') \.;.~" 1 Q. r- 24 How much, in your opinion, does her anxiety and 2 depression impair her function and daily activities? 3 4 5 A. Q. A. When it's really bad? Okay. When it's really bad. She's essentially nonfunctional. I wouldn't want 6 her working for me, if that's what you're asking. 7 Q. That's not what I am asking, but -- That would be the criteria that I would use. I 9 would tell her to stay home. 8 A. How often have you recommended that she not work 11 because of her depression and anxiety? 12 CD 13 '>,1 "I 14 15 16 17 18 19 10 Q. I don't know the answer to that question. Do you think you ever have? I don't remember, I really don't. So, you don't remember ever having told her to I don't remember. In any of the times when you've indicated that you thought she was so depressed that she couldn't function, 21 A. A. Q. A. Q. stay home? A. Q. 20 were any of those of long duration that you can recall? 22 Q. What's your definition of long duration? Let's say more than a week. Yes. All right. Have you ever been called upon to your ~ 25 recollection to provide an excuse or a work excuse for her 23 A. 24 Q. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 (. lu<<-i 25 (1) 1 for being . , 2 week? 3 A. 4 Q. out for anxiety and depression for more than a I don't recall. Okay. In terms of .- but if you had, would it be 5 reflected in your office notes? 6 A. It ffiight not be. 7 Q. Where would a record of it be? 8 A. The girls keep a record at the front desk of work 9 excuses. How far back it goes I don't know. 10 (Discussion held off the record.) 11 BY MS. JACOBSEN: 12 Q. Okay. So, we will check and see if we can get ff".," V 13 work excuses for Mrs. Boyles from the county and if not, 14 we'll ask you to provide them to us. But I am going to 15 continue to ask you about your recollection. You mentioned 16 that Ronna Boyles suffers from headaches and muscle 17 inflammations as a consequence of -- brought on by anxiety 18 and stress. Would you say that was t~ue? 19 A. Yes. Yes. 20 Q. And when those headaches come on, can you -- what 21 kind what does she use to treat them? 22 A. If you look back through the chart, you'll see 23 references made to nonsteroidal anti-inflammatories, whole 24 class of agents. Relafen's one of them and there's others ~ 25 mentioned in the chart. And also muscle relaxers. We've C.P.C.R.S. (717) 258-3657 or (800) 863-3657 26 ~ 1 used Valium as a muscle relaxer in the past and Flexeril is 2 what she's using currently. I'm positive that she's been on 3 Valium and Flexeril for muscle relaxation. And I'm positive 4 that she's been on a number of nonsteroidal 5 anti-inflammatories, which relieve muscle inflammation and 6 also relieve pain. 7 Q. So, right now do you know all -- can you tell me 8 all the prescription drugs that she's on? 9 A. This medicine list is updated from November' 95. 10 So, I'm assuming it's fairly correct. She's on insulin. 11 Q. That was 32 and 28? 12 A. That's what's written here. She's on Estrace. Q) 13 Q. What is Estrace? 14 A. It's similar to Premarin. Does that answer your 15 question? 16 Q. Is that a hormone replacement? 17 A. Yes. Yes. She's on Prozac and BuSpar. Prozac we 18 talked about. That's an antidepressant. 19 Q. What dosage is she on for Prozac? 20 A. I think she's on 40 milligrams a day right now. 21 Q. And that dosage, has that changed much over the 22 last year or so, couple of years? 23 A. I would say she's been on between 20 and 60 24 milligrams with an average of 40, without reviewing each . 'l'- ~ 25 individual note. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 27 o 1 Q. What would cause that dosage to vary? Why would 2 you change that? 3 A. Based upon her symptoms, sleeplessness, fatigue, 4 you know, signs and symptoms consistent with an exacerbation 5 or an improvement of her depression would cause me to change 6 the dosages. 7 Q. And the BUSpar? probably if she has a meeting, a deposition to 8 A. 9 give or something, probably require increased dosages. 10 Q. I understand that. What about the BUSpar? 11 12 A. That's an antianxiety medication. Q. And what is the dosage that she's on for that? o 13 A. Ten milligrams three times a day. 14 Q. Are these dosages -- by the way, I should have 15 asked, does Estrace have a dosage or is it just -- 16 A. It's four milligrams a day. 17 Q. These dosages of Prozac or BuSpar, would you 18 characterize them as heavy doses? 19 A. Intermediate. 20 would be -- 10 is low, low 20 dose. 20 is average. 60 is max. 21 Q. And similarly with the BuSpar? 22 A. 10 BID is minimal. 23 Q. Okay. She's 30? 24 A. 20 would be minimal. I would say 30 is ~, ~ 25 intermediate dose. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 28 Q) 1 Q. But to your knowledge she is not having any 2 counseling or other kind of mental health treatment for any 3 depression or anxiety, just taking the meds? 4 A. At this point in time. But like I said, for some 5 reason I think she might have seen a psychologist at 6 some -- I'm almost certain she did, but I'd have to review 7 her whole chart to confirm that. It would be easier just to 8 ask Ronna. 9 Q. Now, in terms of her gastrointestinal problems, 10 she -- you said she went to see -- I assume -- 11 A. 12 Q. Did you want to finish her medicine list? Pardon me. I thought we were done. Go ahead. I ~ 13 apologize. What is the next one? 14 A. 15 Q. 16 A. 17 Q. 18 19 A. Q. 20 A. 21 Q. 22 A. She is on Enduron. Spell that for me. E-n-d-u-r-o-n. Five milligrams as needed. What's that? That's for fluid retention. Okay. And we talked about the Relafen and the Flexeril. The Relafen is how many? It's a nonsteroidal anti-inflammatory. She's on 23 500 milligrams twice a day. That's a low dose. 24 Q. \,) 25 A. Okay. And Flexedl. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 .- [ .: 29 0'> 1 Q. A nonsteroidal? ,"",..'-' 2 A. Anti-inflammatory. 3 Q. Is that any - - that' s not over the counter? 4 A. That's not OTC yet. They are a releasing a new 5 one every week, but not yet. 6 Q. And the next one? 7 A. Is Flexeril. That's ten milligrams. 8 Q. And is that also a -- 9 A. That' s for spasm, muscle spasm. And that's a mild 10 dose. Ten milligrams TID would be considered a high dose. 11 Low dose, high dose. Okay? And she's on Prilosec. 12 Q. prilosec? If' V 13 A. That's for stomach acid. Now, she takes -- I 14 don't know if she's on that right now or not. 15 Q. Is that an as needed or was it on when she was 16 having particular 17 A. she's still taking that. So, she's taking that on 18 a regular basis. 19 Q. And how much is she taking? 20 A. 20 milligrams once a day. That's an average dose. 21 Q. Do you recall who the gastroenterologist was that 22 she would have seen? 23 A. Lifton, I think. 24 Q. Where is Lifton? Do you know? .' '-~. -...) 25 A. We're going back a few years now. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 [".. _;~1'rf, 30 afi),hC 'I ,''-.:'' . \V 1 2 3 Q. Do you know where? No. Is there a consult for him maybe? A. Q. I did see a consult somewhere back in here from 4 some gastroenterologist. 5 A. I am fairly certain she's seen Dr. Lifton, but 6 Q. well, I'll go through this. I just wondered. I 7 wasn't familiar with him. 8 A. And she's seen Dr. MCLaughlin too. I think that 9 was about abnormal liver functions if I am not mistaken. 10 Q. McLaughlin was back in '91. At that time Dr. 11 McLaughlin recommended to her that she lose 15 to 20 12 pounds. Do you know whether she did? .-'7"'\",! ...v 13 A. Well, we can find out. When did Dr. McLaughlin 14 see her? What was the date on that? 15 Q. August of '91. 16 A. Is 10/91 close enough? 17 Q. If you can see. 18 A. 10/91 she weighed 150. Okay? Then 11/91 she 19 weighed 148. So, she didn't lose 15 pounds. 20 Q. But she didn't -- 21 A. She did not lose ten pounds. 22 Q. In terms of the gastrointestinal problems, did 23 they would that preclude her ability to engage in 24 employment? '0 ,...) 25 A. No. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 31 (j),", '.1 ..i Q. When she gets these headaches that you mentioned, 1 2 are they totally incapacitating? 3 They can be. They certainly can be. Is it your sense of Ronna's problems that they are A. 4 Q. 5 for her most of the time when she gets them? 6 A. I can't answer that. 7 Q. And in terms of the carpal tunnel, you indicated 8 that am I correct that you indicated that she should 9 if she has surgery on the other hand that she is likely to 10 look forward to a good result? 11 A. Yes. 12 Q. And to your knowledge did she have a good result CD 13 from the surgery she did have? 14 I think so, yes. A. 15 In terms of her diabetes, just to go back to that Q. 16 since that seems to be would you say that her most 17 serious problem is the diabetes? , J 18 A. And its complications. 19 Q. And its complications, knowing that we have an 20 asterisk for the heart situation because we really don't 21 know at this point what might come of that. 22 A. Correct. 23 Q. Has she suffered from diabetic retinopathy? 24 A. I don't know the answer to that. 25 Q. Would you have sent her just for the record C.P.C.R.S. (717) 258-3657 or (800) 863-3657 32 (JJ 1 too.- could you describe what that means, what diabetic 2 retlnopathy is? 5 6 7 8 9 10 11 12 0 13 14 15 16 17 3 It means eye qround chanqes in the back of the eye A. 4 secondary to diabetes often leadinq bleedinq, hemorrhaqe, new vessel qrowth, called neovascularization, and blindness. Q. Does it also, in terms of affectinq her ability to function, cause blurred vision as an early indication? A. It can. Q. To your knowledqe has she had any -- excuse me -- did you say that you didn't recall that she had any problems with that? A. I don't recall. Q. What about loss of feelinqs in her hands or her feet? Has she reported that? A. I don't know. Q. You don't recall? A. I don't recall. Do you have a copy of the EMG 18 report that was done? 19 I don't even know what you mean. Q. 20 We sent her for an EMG before she had her carpal A. 21 tunnel surqery done. 22 Q. Yes. 23 That's what I was -- I was tryinq to pay A. 24 attention to you, but that's what I was lookinq for too , . ~ 25 because I knew where you were qoinq. That often qives us an C.P.C.R.S. (717) 258-3657 or (800) 863-3657 ,..'.....MoI :-;>.-'1>11. 33 ~ 1 idea how much peripheral neuropathy we're dealing with, 2 okay, from a diabetic standpoint. And I usually make note 3 of that, but I didn't. That report would answer some of 4 your questions. I know we had it in the charts because she 5 picked up a copy and took it to Dr. Bush right there. 6 (Indicating.) Whether or not that disappeared at that time, 7 I don't know. It was January 10th, 1995 she picked up a 8 copy of the EMG. I don't see it. 9 Q. I don't either. 10 A. We could certainly probably get a copy of it, but 11 that would answer some of your questions. 12 Q. In terms of how much involvement 8 13 14 A. Diabetic, yes. Yes. Q. At this time does her condition in any way limit 15 the amount of hours she could sit during a workday? 16 MR. O'BRIEN: If I could just interject an 17 objection to the form when you say condition. 18 MS. JACOBSEN: Do her multiple medical 19 conditions. Is that okay? 20 MR. O'BRIEN: Thank you. 21 THE DEPONENT: I think it would depend on how 22 much anxiety and stress she's having at the time. If she's 23 having her bouts with muscle contraction and headaches, 24 tension, I would prefer she'd be up and moving around once c' .... ......J 25 in a while. C.P.C.R.S. (717) 258-3657 or (800) 863-3657 0," 'I. I ,.~ , . '-lo:.;-m,~"'''1" 34 1 BY MS. JACOBSEN: 2 Q. Would the amount of time that she's presently 3 working now give us the best indication? 4 A. 5 6 Q. A. 7 years? 8 Q. 9 A. 10 help. 11 Q. How much she's working now? Yes. At this point in time or over the last five Okay. Over the last five years. I think an average over the last five years might In terms of her -- you would say at this point it 12 would be her anxiety and her depression that might be the ,~ 13 factor in terms of affecting her ability to sit and do her 14 job? 15 A. Yes. You know, obviously she's on Enduron because 16 her legs swell. So, if she's having problems, I mean, if 17 she has to sit continuously, her legs are going to swell. 18 So, that may cause her discomfort and pain. She may have to 19 get up and move around. 20 Q. And is that leg swelling a function of her 21 diabetes or is it a function of anything else? 22 23 24 , J 25 A. I think it's a combination of factors. Q. Such as? A. well, childbirth with varicosities, et cetera. Q. Being overweight? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 0 1 A. 2 Q. 3 A. 4 a drinker. 5 Q. 6 A. 7 Q. That is a probably a contributing factor too. Does Ronna smoke or drink? Drinking, I'm not sure. To my knowledge she's not I think she does smoke. Is that a significant risk factor? Yes, it is. And that would be a significant risk factor in 8 terms of her heart condition and her diabetes. Is that 9 right? 10 A. 11 Yes. MS. JACODSEN: I don't have any other questions 12 for you, Doctor. V t ,: '1 13 14 15 16 17 18 19 20 21 22 23 24 J 25 MR. O'BRIEN: I have no other questions. (Whereupon, the deposition was concluded at 2:09 p.m.) C.P.C.R.S. (717) 258-3657 or (800) 863-3657 35 r~ , ~ ',..,..1 1 COMMONWEALTH OF PENNSYLVANIA SS. 2 COUNTY OF CUMBERLAND 3 4 5 I, STACEY L. DAYWALT, a Court Reporter-Notary 6 Public authorized to administer oaths and take depositions 7 in the trial of causes, and having an office in Carlisle, 8 pennsylvania, do hereby certify that the foregoing is the 9 testimony of JAMES MARAKOWSKI. 10 I further certify that before the taking of said 11 deposition the witness was duly sworn; that the questions 12 and answers were taken down in stenotype by the said ([) 13 Reporter-Notary, approved and aqreed to, and afterwards 14 reduced to computer printout under the direction of said 15 Reporter. 16 I further certify that the proceedings and 17 evidence are contained fUlly and accurately in the notes 18 taken by me on the within deposition, and that this copy is 19 a correct transcript of the same. 20 In testimony whereof, I have hereunto subscribed 21 my hand this 16th day of April, 1996. 22 NOTARIAL SEAL STACEY L. DAYWALT, NolatyPubIlc M Chomberlburo. Franklin Counly y Comm'"lon Expires Sepl 27, 1999 N~~~Ui~ 'UOjW~ 23 24 J My Commission Expires September 27, 1999. 25 C.P.C.R.S. (717) 258-3657 or (800) 863-3657 36 I KENNETH J. BOYLES, " Plaintiff i ,I v. I: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2121 CIVIL TERM IN DIVORCE RONNA BOYLES, Defendant ~ : RONNA BOYLES' PRE-BEARING STATEMENT i :1 I. ii The parties married in December, 1970. They have two adult Ii :1 children, Jeffrey and Jared, both attending college and living at 'I I: home with the father. FACTUAL BACKGROUND: Mrs. Boyles is a high-schaal graduate, class of 1967. She married her husband in December, 1970, when he was completing his Bachelor of Science degree at Penn State University. Her husband graduated from Penn State in May, 1971, and began his employment with the Department of Environmental " ,Resources. The parties had their first child, Jeffrey, in "August, 1972. The parties moved to Colonel Denning state Park in December, 1973, where Mr. Boyles has served as Park Superintendent. The parties' second child, Jared, was born while they were living at the Colonel Denning State Park residence. After the boys were in school full time, Mrs. Boyles began . part-time employment as a typist at HARCO in Carlisle. She , averaged about 20 hours per week. In the early 80's, she started working for the County in the law library. This was again a part-time job with approximately 20 hours per week. In 1989, she worked part time in the law library, as well as part time in the Probation Office. During 1993, 8he began full-time employment with the Probation Office as a clerk typist. She has remained as a full-time employee at the Probation Office, although, recently health problems have caused her to miss substantial periods of work. (I She was diagnosed with Diabetes in 1990 and controlled it through diet for approximately one year. since 1991, she has been insulin dependant, due to the Diabetic condition. Recently, she suffered an infection, in June 1995, in her right big toe. I Despite a range of antibiotics, this infection has failed to heal. This is a situation which has caused her to utilize sick , leave and vacation leave due to her inability to work. Mrs. , I i Boyles also has Carpal Tunnel Syndrome, diagnosed in both her " i' right and left hands. The right hand has been operated on and !i ,I the left will eventually need to be surgically corrected. In II late 1993, her husband told her that he had plans for his life , , Ii and those plans did not include her. Mr. Boyles demanded that II she leave the home that she had resided in for some 20 years. , , :1 The circumstances of the separation resulted in Mrs. Boyles " ,< :1 receiving counseling and medical care for stress and depression. ': As a result of those conditions, she currently takes Prozac and Buspar on a daily basis. In an effort to move his wife out of the home, Mr. Boyles : agreed to assist her with furnishing her new quarters. In . addition, he agreed that he would be responsible to pay a loan to CCNB which had recently been secured as a loan consolidation debt. Mrs. Boyles left tbe family home with her clothing, some personal possessions, half the china and half the silverware. ! All the balance of the parties' furnishings and property that , I they had accumulated in some 23 years of marriage were retained !bY Mr. Boyles. I :i " I!her through the Cumberland County Domestic Relations Office. An il arrangement was made that Mr. Boyles would pay her $50.00 weekly ,i due to his having assumed the CCNB loan obligation. Despite this Mrs. Boyles made a request that her husband pay support to reduction in the amount of spousal support, from the guidelines, Mr. Boyles has stated that he intends to utilize the payment of i 'I the CCNB loan in the equitable distribution scheme. Mrs. Boyles , I ! has responded and filed a special relief petition to address the situation and has requested alimony pendente lite, as well as ;, other relief. ,I Mr. Boyles resides in the parties' residence which is :j subsidized housing at Colonel Denning state Park. As of Ii I February, 1994, he paid the sum of $131.30 bi-weekly for the use 1 of a 10-room home, which bi-weekly expense included all , I : utilities. Mr. Boyles' girlfriend moved in shortly after Mrs. , Boyles left the residence and is employed full time. ,'II. ASSETS: The parties' assets consist of a residence located at 1 ,Glenwood Drive West, Camp Hill, Pennsylvania, 17011. This property was conveyed to the parties by Mr. Boyles' parents in : March, 1990. It is subject to a life estate and Mr. Boyles' mother, Edna M. Cline, presently 90 years of age, oontinues to I reside in the home. I Mrs. Boyles has a retirement aooount with cumberland County 1 j whioh had a balanoe as of January 1, 1993 of $346.71. Mr. Boyles I has retirement with SERS with substantial value. The SERS value I will have to be aotuarially assessed. i Both parties have life insuranoe polioies whioh, at the II present time, have undetermined values. There are automobiles, II furnishings and misoellaneous personal property to be valued and Ii distributed. " Ii !I III. LIABILITIES: Ii ,I ! The parties' only liability is the $33,000.00 mortgage to CCNB, the aforesaid loan consolidation, whioh is against the residence in Camp Hill. , I Ii :1 IV. EXPERTS: II Mrs. Boyles intends to secure values in reference to Mr. , :1 Boyles' pension, the value of the residence, as well as a , I :1 statement as to her medical condition. 'I I , I Iv. WITNESSES: ii It is anticipated that Mrs. Boyles will testify, as well as , I her physician, actuary and real estate broker in the event that I , the parties oannot reach an agreement in these areas. It is - , ... -, ~. - I I I necessary that all of the parties' furnishings and other items of I personal property be appraised and valued. I I I , : VI. EXHIBITS: I i, f' Mrs. Boyles anticipates entering as exhibits, documentation " :i in reference to the respective retirements, the mortgage and the II , i deed to the home. I ! I VII. INCOME: ! Attached hereto, is the income and expense statement fprepared by Mrs. Boyles. I I , I VIII. RESOLUTION OF ECONOMIC ISSUES: ! Mrs. Boyles proposes that she receive 70% of the marital I estate due to the disparity in income and her health situation. ! , In addition, she requests that she be granted alimony for an , I indefinite period of time. Respectfully submitted, O'BRIEN, BARIC & SCHERER I ! ; I ,I , BY: ~~, , ,I " Robert L. O'Brien, Esquire Attorney for Defendant I.D. . 28351 17 West south street Carlisle, Pennsylvania 17013 (717) 249-6873 .' t' l' .- II- .. -ell III) ......... Jrl'M'RlllfI r;s, ~ MYT~ ... . SSN _' - m. DI\1'E '!HIS STA1'DIENr KlST BE FII1ED CX1r .- ....-. ... ,. IlIXICII (a) ~/5alaxy _loyv , JIdd.ress Job 'l'itle/Cescription C"lIMRFRT ANn rrt1NlY PR:>BM'ION Pay Pericx:l (weekly, bi-weekl.y, lICnthly) Gz:t:8,s Pay per Pay l'eria:l........................................ Payroll DedIJc'-...ions: Federal Withhol~............ $ social ~~ty................ $ Local Wage Tax................. $ state Incowa Tax............... $ R8ti.r'eDer1t. . . . . . . . . . . . . . . . . . . .. $ 1teal1:11 Ir\s\lrar'x::e............... $ other (specifY)................ $ ................ $ .... . . .... ...... $ BlWF.F.KT Y $ Net Pa.y t:er' Pa.y l'er!ai..................................... $ 568.26 (b) other Inc:cme WEEK Mcnt:h Year InterestIDividends......... $ Pens~Annuity............ $ ~;~1 securi~............ $ Rents~ties............ $ EXpense ,~............ $ Al~.................... $ Gifts. . . . . .. . . . . . . . . . . . . . .. $ 200.00 tl'rlenplcyment 0 '''l ensation.. $ Workmen's CCIIp!nsation..... $ ~ other ~......... $ 200.00 INCOME AND EXPENSE STATEMENr OF RONNA BOYLES I verify that the Slllt.cmcn1S IIIlIdc in this Income lIIId Expeosc SI:Ifl:mCDt llI'C true and CXlI'I'CCt [lIIIcIcm:md tb:1t flllsc stIt.cmcn1S herein llI'C made subject to the penalties of 18 P:I. C5. I 4904 rcbting to unsworn flllsU1C1tion to Quthoritics. Ollie .' .. ..".,..'H'\'trr"'-" IbWfholcl w.ic C2U.ld WeIIc HcuMhalci II:rlth au.J.cS II:I'It:h - .. ~ $ ~.................. MBintenanc8.................... $ 415.00 utiliti_ ~ephcne................ $ 1Iea'ti..Jl;J.................. $ Elec:tric. . . . . . . . . . . . . . ... $ 225.00 ,. .. 1'. ,. Enillcyment (transportation an:!. electric) . . . . . ......... $ Taxes Real Est:ate~........ Personal Property. . . . . .. ...... $ $ $ 253.00 ............ Irx:x:IDe. . . . . . . . . . . . . . . . . . .. . . . . . Insurance ~.....................$ A1.Jt:.aDc::lI:i1e. . . . . . . . . . . . . . . . . . . .. $ Life/Acc~(Healt.~........... $ ot:l1er.......................... $ 50 IVA~ t" A1J.tcm:ibile (payments, fuel, (repaiJ:s) . . . . . . . . . . . . . . . . . . . . .. $ A~ nn Medical Doctor, Dentist, ort."lOdontist.. $ Jicspi'tal. .... . . .. . . . . . . ... . .... $ Special (ql"'''-es, braces, etc.) $ '(')0,00 F.ducation Private, Parcchial SChool...... $ COlle;e. . . . . . . . . . . . . . . . . . . . . . .. $ Personal Clat:l1.i.Jl;J...... .. .. . .. . .... ..... $ F()()C),........................... $ 1'50.00 (~nmbined) ot:l1er (hcusehclcl supplies, M~, etc.)... ... .......... $ credit payments arxi loans...... $ ~nn nn Miscellanec:us Hcluseholcl help/chi1cl care...... $ Entertainment (inc. papers tlooks, vacation, pay T'ol, etc) $ Gifts/charitable .......Ldllutions I.e;al Fees..................... $ ot:l1er chilcl SUUOl.tjali.mcny payments. . . . . . . . . . . . .. . . . . . .. $ 41C5.00 ot:l1er (~)...................... $ ~ ~....................... $ 1943.00 "!~"'''.,.',,_..', --.....'.,..-.. tA. '.-....n ..;........!~~~'. . ..,....~.J ,'''l,i.,. . .~.,~~u:~::;~:..~ ':;' ...:.~.'.' ...... ..., ."'....-...~.~::... . , ' " ~. . .' .. l:1- " . ..--... --.. 1__ FlATE I /~ - .8UINltlGS ' Desc:. CU~F1!r...T YEAR TO DATi DEDUCTIONS DISC CURRENT YEAR TO DATI 7ei.00 10.49 RECUL 786.7~ :!360.::; , r.:E:TNT 39.:34 l548.13 7.eiO SICI( ,'FIT 88.19 1:!03.26 .of. 7ei COMPE FITLC 9.00 COMPT SWT 2=.03 30':'.94 ue ..87 1:1..09 FICA 4e.76 679.66 F1CA~ 11.41 1~O.97 E:!76 7..87 109.64 OF'Ti 10.00 TOTAL \~/02/9~ I 09/08/95 , DAlE '- ZBA;~ "'1~A(\ '"'~ . ~:.u.~ ..R.::..ta ()vO('\~O::;;::; POSlnOH ".oo.u. 51..cunny~" HET PAY P93004 191-4:::-9a:::1 . PERS = : PROBATTnN .. I' SICK 56e.:!c RONNt<. 6.71 TOTAL ::!18.49 L BOYLE.;:; V;'..::Al = ~3.. ~1 30~:J.69 =- .. ----- f' COUNTY OF CUMBERLAND t CAR~ p~ ", NOT VAUD AFTER 80 OAYS 'A't1tOU. ACCOUNT fARMERS TIlUST COMPANY ~.- *..I. ,...... ~ No.009033 " I ; PAY ONLADVICE OF DEPOSIT .: NOT NEGOTIABLE TO 19:'-4::!-,,831 ~E RONNA L ?OY~ES ORDER 1'i'.q2B Ffo:r L:JOF' AVE.NUE OF CA:':LrSLE.. F'A 170:1.3 'JOID*VOID VOII>*VOID I'. DATe 109/08/95 ****568.26 '- PSECU 0191429831 AMOUNT \ I I 568.26 11'00 ClO 3 311' 1:0 3 ~ 30",? 201: ,n' 3"'00'" 3811' I I -' ,.' .. . '. ..t. - . : :~l~' CUMBERLAND COUNTY '~ EMPLOYEE RETIRE~ENT lTATEMENT 0' A~COUNT NAM~ : gaYLES, ~ONN' L ~SR : 191-~,-~~~1 OEpT. : 3..6 EI'lD';: 4614 .. .. THE FOLLOwING IS A ST'T~~=NT OF fOUR ACCUUNT IN ThE CUM9c~LAND COUNTY E~PLOYE~SI RETIRE~~NT FUNO : bAL'NCE JANUARY 1, 1Y93 CO~TRIdUTIO~S 1~93 INTi:HH 1~13 s 346.71 905.73 43.99 $ s ~ALA"CE U!CE~~~~ 31, 19q3 s 1,296.42 OF~ICE OF THE CONT~OLLER IF YOU HAV~ A~Y )JEST!O~. UU TH! ISDV~ PLEASE CONTACT TH~ OFFICE OF THE CO"T~OLLiR. -.",.. _;UI~ ..._;.....}; " ,-' '1\l ,.. .1;+ ALFRED L. WHITCOMS CONTAOLUA JAMES D. BOGAR IOUCITOA ALFRED B. SHIPE 01""" CONTAOIJ.IA .. ,. JANICE B. WARICHER ADMINISTRATive AIIISTANT ClIOtltrnller of ClIumberlanb ClIount~ COURT HOUSE. CA!'lLISLE, PA. 17013 June 9, 1995 TO WHOK IT HAY CONCERN - BBLOW AJlI!l RETIJIllMEHT CONTRIBUTIONS HADE BY RORHA L BOYLES TO THE COHBBIlLAND COUNTY RETIJIllMEHT FUHD - 1993 1994 !995 $ 67.28 (PAYROLL OF f2/t7 & t2/3! 1995) $ 955.69 $ 297.67 (TURU PAYROLL OF 06/02/95) .. -_....t: ,.'''' r_ Doputmoat 01 U>o TIMIW7-tnt.m>al _uo Sem.. Income Tax Return for 51nlle and Joint FIle,. With No Dependent. III 1994 1040EZ U.e the IRS label (See page 12.1 OtherwiH. pleue print. L """''fOAII....(ftrot.-.1a11 A. . ~ K. joint _. pont _'I ....lfItat. Inltlel. Iall H II __jrIInbIrllld_I,n""'_.p,o.IlOI...._'2. Apt no. R II Cltr.lOwnIJ/poat _. _1Ild ZIP _."", _.fOlIlgII_..._ 12. Presidential Election CampallD (See page 12.) Income See InatructloDI aD back and ID Form 1040EZ booklet. Nolel CMdinl "Y... willMI ciao",. your ''''' or rrdUCl! your "fund. Do you want $3 to go to Ibia fund? ~ If a joint return. does your SPOUBe want $3 to go to this fund? ~ Allacb Copy B of Form(s) W.2 bere. EnelOH, but do not attach. any psym.nt with your return. 1 Total wages, salaries. and tips. ThIs should be shown in box 1 of your W.2 form(s!. Attach your W.2 fonnlsl. 2 Taxable interest income of $400 or less. If the total is over $400. you ClUlIlot use Fonn 1040EZ. 2 3 Add lines 1 and 2. ThIs is your adjusted Il'DSI income. If leas than $9.000, see page 15 to find out if you can claim the eamed income credit on line 7. 3 4 Can your parents (or someone elsel claim you on their retum? y.... Do worksheet "No. If slnaJe. enter 6,250.00. on back; enter" If married, enter 11.250.00. amount from For an explanation of these line G bere. smounta. see back of form. 4 Note: You } mud check Yes or No. IS Subtract line 4 from line 3. If Une 4 is larger than Une 3. enter O. Th\a is your losable IDcome. ~ 5 Payments and tax 8 EDter your Federal income tax withheld from box 2 of your W.2 fonn(s). 6 7 Earned income credit (see page 15). Enter type and amount of nontaxable eamed income below. 8 Add lines 6 and 7 (don't include nontaxable eamed income). TheBe are your total payment.. 8 9 Tax. Use the amount on UDe lito find your tax in the tax table on pages 28-32 of the booklet. Then, enter the tax from the table on this line. 9 Refund or amount you owe 10 If line 8 is larger than Une 9. subtract Une 9 from line S. ThIs ia your relund. 10 11 If line 9 is larger than line 8. subtract Une 8 from line 9. Th\a ia the amount you owe. See page 20 for details on how to pay and what to write on your payment. 11 I have read IhIs return. Under peoaJties of perjury, I declare that to the best of my bo"ledge and beUef,the rel1lm Ie true, correct, and ICCIIrately aU 1IlI0unts an.. of Income I received durin the Iu SpaUS8'S signature if joint return Sign your return Keepaco or this form for your record.. Dale SpaUS8'. occupation For PrIvacy Ad and Paperwork ReducUon Act Notice, .... pap 4. ,. , l- ::;.f':'i' {~. OMB No, 1114&-087& Your IOClall8CurUy Dumber I q I fi 'I V !J J SPOUI8'S IOClall8Curity Dumber 1 I ~ J <l /).. ~ 7 l- Cat.. No. 11329W y. ~tl--~ 3 7 .3 g I fo 25D I .3 I I I 0 000 ) I I 0 ~ I 'i ).91 I I I if I 52- ()() 52 :L~ o 0 J-,16 DO J.~ form 1D4DEZ <1'1'14) V'''MlMlI at.. T~,......1eMce " 1040A. ,u.s. Individual Income Tax R.turn (HI. 1994 A .. Lab.1 Vw .......... ... .... .... ISoo _ 11,1 L ...... CAR-RT-SORT..RDD3 A I 'UB 2J.D-~D-~'57 S28 AJ. I UN ... 11II . KE:NNE:TH J BOYLE:S R - L 0tIww... H '].S].~ DOUBLING GAP RD DU S pIN.. - . NE:WVILLE: PA H2lf]' '" tjpO. ft c...... . Check the box for your filing . status ISM_'7,) Chock on/v .... boo, Figure your exemptions ISH _ 20,) II men UW1 ..... dependlnll, ...._23. Figure your total income A_ COpy I 01 ,... fGnno W.2 and I_R hore. If you elidn', gel. W,2. _ pogo 25. EncIosa. but do nol an.cn. any paymenl Wtlh )'OW relum. Figure your adjusted gross income IllS Uae 0nI,-00 noc ..... 01 ....... kl .... _ OMII No. 1546-0016 V_-IOGdW_ j\e., ~() : '\'h-' ......... -Malnly- P....ld.ntlal Election Campaign Fund (See IIIQII17.) Ooyouwant$3togoJothlsfund? . . . . . . . . . . II a oint return, does our s use want $3 to 0 to this fund? 1 0 Single 2 0 Married filing Joint return (even If only one had Income) 3 0 Married IIlIng separate return. Enter spouse's social security number above and full name here. .. 4 181 Head of household (with qualifying person). (See page 18.) lithe quallfyl~ pe~n Is a child but not your dependent, enter this chlld'sname here. .. \~r~..~ L \ .('AI 'C. 5 0 Qualifying wldow(er) with dependent child (year spouse died.. 19 I ). (See page 19.1 8. IilI Vounelf. II your pwen. (01 ~ ...., can clIlm you U I dependent on hII at tw tax No. 01_ I rttum. do not ChIcIc box Sa. But be IllII to c1teck the box on line 18b on PIllIl 2. =-:"011 ........ II bD C Ilependenlal II) Namltlnl....... ....101I_ l2lClllCl< u ..- I PI". 1 "'_. dependenl'l IOdaI ...... .....- IlI000000000t'. 11I......_ 'NLIonIhIp 10 ~ "')QI home in 111M . d If your child dldn'tllve with you but Is claimed as your dependent under a pre-198S agreement. check here . . . . . . . .. 0 e Totel number of exem lions claimed. 7 Wages, salaries. tips, etc. this should be shown in box 1 of your W-2 form s . Attach Form s W-2. Sa Taxable Interest Income (see page 2S). If over $400. attach Schedule 1. b Tu.nlm tlnlerllSt. 00 NOT Include on line 8a. 9 DIYldends. If over $400. attach Schedule 1. 10. Total IRA .. distributions. 10a ( ) 11a Total pensions r- and annuities. 1 1 a ~ , 12 Unem 10 ment com nsatlon see 13a Social security benefits. 8b ( . 13a c' 10b 11b 13b o "l( .. FOI''Prlvacy Act IInd Paperwortc Reduction Act Nolle., HII JllIlIlI 4. Note: ChecJrJng .Yes. wiJ/ not change your lair or lIIducll ur refund. No. 0' w- _011 ec_ .-- - . -,... wtlh _ duo Io_w NIlO/OlIOll 1-_2:11 Ihp IndeneI on Ie not Intend Move -!.... Add __ UJ "'_011 -- 7 '')r''Il/\ '11 .:\ t> . 8a' L3 "c, 9 C' 10b 0 11b 0 12 13b C' .. 14 :) $'" .} 1-;), ._, \ 14 Add lines 7 through 13b (far right column). this is your total Income. 158 Your IRA deduction see a e 34. 15a b S 58'S IRA deduction see a e 34. 1Sb C. c Add lines 1Sa and 1Sb. These are our total ad uslments. 1Sc C"J 18 Subtract line 15c from line 14. This Is your adjusted gross Income. If less than $2S,296 and a child lived with you (less than $9,000 if a child ,., S "') 1'\ dldn'tllYe with oul. see oEarned Income credit" on pa e 44. .. 16 ')"J:J- CaL No. 11327A I I 11194 Form 1040A pagll 1 .. . 1994 Form l040A pege 2 17, Enter the amount from line 16, Figure your standard deductIon, exemptIon amount, and taxable Income 17 D.. 18a 18a Check {D You were 65 or older 0 Blind} Enter numb.r of If: 0 SPOUII was 65 or older 0 Blind bo... checked . b If your parent (or someone else) can claim you as a dependent. check here. , , . . . . , , . . . . . . . . . ~ 18b 0 o If you are married filing separately and your spouse flies Form 1040 and Itemizes deductions. see page 38 and check here. ~ 18c q 19 Enter the stenderel deduction shown below for your filing status. But If you checked any box on line 188 or b, go to page 38 to find your standard deduction. If you checked box 18c, enter -0-. e Slngle-$3.800 'Married filing jointly or Qualifying wldow(er)-$8.350 e Head of household-$5.600 e Married filing separately-$3,175 19 Subtract line 19 from line 17. If line 191s more than line 17 enter -0-, 20 Multi $2.450 b the total number of exem tlons claimed on line 6e. 21 Subtract line 21 from line 20. If line 21 Is more than line 20. enter -0-. This Is our taxable Income. ~ 22 '3('.\1..>). 23 Find the tax on the amount on line 22. Check If from: IQJ Tax Table a es 62-6 or 0 Form 6615 see a e 40. 24e Credit for child and dependent care expenses. Attach Schedule 2. b Credit for the elderly or the disabled. Attach Schedule 3. 24b c Add lines 24a and 24b, These are our to"l credits. 25 Subtract line 24c from line 23. If line 24c is more than line 23. enter -0-. ' 26 Advance earned income credit a ments from Form W-2, 27 Add lines 25 and 26. This Is our totel te.. 28e Total Federal Income tax withheld. If any tax Is from Form s 1099. check here, . 0 b 1994 estimated tax payments and amount a lied from 1993 return. C Earned Income credit If requl.red, attach Schedule EIC see a e 44 , Nontaxable earned Income: amount ~ c' I and type ~ (' , d Add lines 2Ba, 28b. and 28c (don't Include nontaxable earned Income). These are our totel a menta. ~ 28d 29 If line 28d Is more than line 27. subtract line 27 from line 28d. This Is the amount ou ove eld. Amount of line 29 ou want refunded to ou. Amount of line 29 you want epplled to your C' , 1995 eatlmeted tax. 31 32 If line 27 Is more than line 28d, subtract line 26d from line 27, This Is the amount you owe. For details on how to pay. Including what to write on your payment, see page 52. 33 Estimated tax penalty (see page 52), Also, include on line 32. 33 S'lgn your II.- _loa 01 poIJUt'f.1 decl.volhlll have o'"rrnnod 11u. rllum Ind occomllOll'/lftO ICheduIolInd 1I110m0nIl, end 10 tho""'l 01 my 1II_1oclgo and beltel. they.,. true. correct, and ICCUl' lis. all amounl. and sources 01 income I tececved d~ the tax yell. OedarItlOn of prepat. (other return !hen 1hO, IS ~"Wol!nal whICh tho ptOpII,,'" any """"1Odgo. ~ yOU/. ( ,.;:..." Oalo . Keep , copy 0' ,. ",... - 2 .(f.") Ihls relum lor .. Sc>ousi'. sogNI.... W jOin' 'o'Ufn. BOTH Oalo your rICord.. , Paid ",-,,'. .. preparer's -- , use only Finn', name (or '/OUIS ~ W Mlf-omptoyocl] and _u 20 21 22 Figure your tax, credits, and payments :) ,;1(,. 'oC' 23 c. 24a (, II you want lhe IRS 10 figure your tax. see lhe inllructlons lor line 22 on page 39. -', 24c 25 26 ~ 27 L ~)" to' .) - G(, '1,,; o .)''\ 28a 28b CI 28c 3(\ L. G ~ ~; 29 J (\ q (.\ 30 Figure your refund or amount you owe '0 :) , 30 31 c.( . 32 Oalo ",-"<'._ _ no, C,*"d 0 .........pIayed UNo, ZIP c:odo 1994 Form l040A nAn" 2 ,_ . .,.. ., Northt westerrl ']A", Mu ual Lite- .. ,. .. ,. .. Policy D.t. RevieM SUllary 01 Lile Conlr.cls . Vllues u 01 Oct 31, 199J ISA/Policy HUlbers Ins Benelit/Plan 6.m'066 11 ,m 65 Lite ISA 03.m'BI 7'49/.817 9-2Bl-JU 10,917 65 Life ~O,OOO GPL Insur,nce Benelit Bue Pollcy Dividend Additions Tot,l Oe'lb Benelit 40,000 2.m 42,274 Acc1denul Outb 40,000 P'Yllnt Bue Pollcy H,iver 01 Preliul Accident,l De'Lh Benelit 804060 IUD 3UO Tot,l Annu,l P'Ylents Less Dividends Applied to Reduce PreliulS Het Annu,lized PaYlent 848.80 m.oo 316.80 Cuh Values Guuantud Oividend Additions ToUI Cub Vdul 7,868.66 1.029.]0 8.898.36 P'5~ Yr C,sh Value Incre,se Current Yr Cash Value Incre,sll 807.30 828.16 SUIIUY Hit Annu,liZld PaYlentl C,sh V.lue Increase Differencl 303.90 814.70 51UOeR 0007(0007) Insured Hue Polley DaU KENHEIH J BOYLES Jan 22, 1971 KENHETH J BOYLES KENNEIH J BOYLES Dee 14, 1977 May 29. 1984 loan Inlore'Lian Policy Lo,n 1.296.00 (includes 96.00 Unpaid P.st Interest) TOLalLo,n ..296,00 Miscell,neous [nloreatian Casb v,lues illustraLed assuee preeiues p,id U lun to tbe vduuian dUe. figures "y not rellect ,ctual Oct 31, 1993 values because 01 subsequent transactions llncludes next dividends. Dividend rellects current cl,il, explnse and investlent experience ,nd is not an estil,te or gu,r,nLee 01 luture resulls. Dividend I'y be larger or sl,ller th,n tb't illustrated. Assules la,n b,lance rel.ins cansl'nt. Additian,l lo,ns Nill reduce dividends. Oividend incre,ses .itb la,n rep'Yllnt. Prep, red 04/22/1994 THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY. MIlWoIukee o' " .' " -, ~I'" .w..: .'.~ ..... ,- '" -COIII\ONW~ALTH OF PA EIIPLOYE STATEIIENT .. ....".. ~. ,. ~'=;.~;'::~'..~';" 1 - ... . GlOSS IAUIKI 1..12.71 4.'20." PAY '111011 IIIIIIICI. 01-21.,6 . PAY DAn, 112-ot-t6 HIlUS Olauc'IOlI In.., YII, It_n_ 01'" 03' coc, oueM no HIH U H 00 411.tI IOC UC U 6.2_ ".17 2'I.H I.." 11200' pat" 101... SS.. 2lo-_m SOC UClMIlI U 1."- 20.21 60." llU, U "Y ....., 01 "IP, It UYIL, 00 lTAU HIH U PA 2,10000I :It. 10 116.19 OU COl.. O".IIICI " '" LOC IlG u-In PA 21 ,.. 1._ U... '1.10 IJII.. COIf' U .11000I 2.ot 6.26 In PlU COM lfAU 011' ..- 11... 226.112 ",I.'-.U 116.10 M'.IO flD HIH IX-ADD ....00 ".00 .. KINNETH " Bon IS 111te DOUBLING GAP AD. NEl/VILLI PA 11241 In fAUIKI, '12." 1"'1"'10.11II11'1' .. ..\; . " .- .' ", ~ .' 'LUS IfIMlUllfKEI'1 HUUH IlU,.U cunAL Il.Uf ClOSS LIFE IISULUlCI IIOIlfll COIf' SOCIAL SlClallY "IDICAlI 1I"loon 1"'1 tHPLOfl1 II' IYS ... . ....ft u_. .. .... u..... ',.~"'~,~'Pi!':',k'"..1D LEAVI,I"''''IfI,''''",' ': . '~ '1. .. 'f, ".";' .'", ,'O'AL OIUC'I,OIPOIIT "'T" ii',:,'>''':',' "2.11 ';/.~""?t~r( UlnCI Cllon, 21 VI II " "111I ,",,;,WVI',USAIIIIQ'OaTBl, , ' ': ,:1tllIllI1 " fill .lfAlDOHl GlOSS,"11 -':,,- .'",lAll , :-,,,,111101$ ,',-.'" .. '.., 01-21"6 - '.50 01-21'" IIG SAl. 7'.00 20.11 1.'12.11 Dl-21"6 IICIl 2.50 " TO'AL GIOSI EAllIIIIG1i THlS..Y" ,.. '<;S'U,l..U;71, LI.l.Yl ,AC'I'VITY",':;,!:,,:,~;,: ",.: " ~:,i"" '"S1C1l..,:' 'lIS_ " " " " ' ','SlIIIOII'TV IIII_TIOII ~;:,:,~!::~:::::,;'t...~:~~:~.i.:' .. IALAIIC( LAI' STAnKEI' 297." 1."1.'-2 ACCllUALIllU" '.71 2.11 LY IIPClII,m TIllS" '.50 2.'0 YTII .00 .III.IlST"IMU .00 .00 IAUlICE 'HIS ITler :ltl.16 1."1." ';- ~'~~~y::::!~:'i~-...._,~~ ....... , ,7.J II,S,ICIl ~.~. '. . ~.. HlSSAG( anu, LOCAL IlAGf 'AX COlIIlY/_ICIPAl.llY, CI.IlIEIUIIII COlIIIY LONfl MIFILII '"' COMYIUIDII rAY ~U'ILlTVI 1.1126.50 'M' ux GlOSS I 1.220." . )) ~:... it. .- .:- J/ 1. , ) - I -//r.. ,..) , ~. . ~ ,_ c... , .... - I /: (J L' 1.::' ,;J{ ".....1 ::-. . . < I REMINDER: The PElrP recent! y ..lied .tudent certification fo/'IU to ....loy.. Who have ~.nd.ht. ov.r age 18 Who recelv. cov.rage becau.. they are fUII-tl.. student.. Tho.. .tudent certification fol'llll ...u be returnecl to the PEITI' before March , . '814. I'allure to dO so l/Ill re.ult In t....lnatlon of the dependent's cov.rage. ; . . , j , " , . ........... .~.. ~ ,~" '"':: ' : ,1"0'1.,,;.., . 1-: . ..,.,~ ,.,;, !I;'J , . , .r, IMPORTANT IN'OAMATION ABOUT YOUR STATfMfNT . ( KIY TO IINI'IT !STIMATI COt _- Ou. to on. or liar. 0' tn. 'ollow,"g r.non.. 'P.cl.1 conc:lltlon. .Ppl) ben.,tt ..1Imat.. or tnl ..tt..t.. havI not bl.n calculatld: A . You have .or. than I act IVI account. 8 . Your .ccount no. not b..n .ualt.a by SIAS. C - You have . troz.n pr...nt v.lu.. D - You have CI..~ D ..rvlc.. __ r . Our rlcord. Indlcatl you wlr. co.p.n..tla 'or 1... tnan I.ISO hours In .t la..t 3 ot tn. I..t e V" ' - Th. tap ArbItratIon Award I. not Inclua.a In your ..tlll.t... Q . Your b.n.'lt ..tIG.t.. ".y b. Und.rst.t.d b.c.ua. you dla not r.c.lv. full-tIll. cr.dlt durIng ..Ch laat II year.. ' H . Your rlttr...nt and d..tn b.n~tlt ..t'mat.. .newn a"u~a VOU Will .llct to convlrt to full Covlraga I . Your b.n.flt .UI...t.. Inclua. .n .daltlon.1 b.n.tlt d.rlv.d tro.. your CI... C A.gul.r Accu..ulat.a D.ClUc tl on. . , ~ - Your proj.ct.a ..tl...t.. lI.y b. lov.r thla y.ar tnan laat b.caua. your A.tlr.lI.nt Cov.r.a E.rnlng. \ lov.r thla y.ar than I.at. K . Your blnltlt a.tlmet.. warl calculatad WithOUt tha U'I of anv aarly rat'r..lnt .Wlndow' planl. L . You h.v. Inaufflcl.nt a.rvlc. cr.alts to qu.llty tor a r.gular r.tlr....nt b.n.flt. 'M . You hava In.uttlctlnt slry'ce cr.dltl to qualttv 'or a a,saDtltty ratlrlmlnt ban.'lt. N - You have In.uftlcl.nt .arnlng. quart.rs to b. ua.a to calculat. a dl.ablllty r.tlr....nt b.n.'lt. o . Mar. tn.n t.n y.ars r.matn to nor.. I rattr.mant data. p . You haVI alraady r.aChld norma. ratlrlmlnt agl. o . Tht. Itlta..nt IxclUdes III PSERS Contrtbuttons: thlrltorl, thl monthly annuttv blnltttl attlr an O~ 4 wtthdrawal ara aVlrstatad. In addition, Statl slrvlcl may bl OVlrltated It In any calendar Ylar ) have concurr.nt .mploy...nt (contributing '0 PSEAS whll. actlv.ly ContrIbutIng to SERS). IF IITHIR SITUATION APPLIES TO YDU, CONTACT YOUR AETIREMINT COUNSELDR PRIOR TO RITIRIMENT TO RECEIVE A MeRI ACCURATI 81NIFIT ESTIMATE. R . Your current and/or prOjeCted e.t1mate. arl based on Age 60 retirement. slncI yau mUlt hay. 20 years cr.dlt.d a.rvlc. a. a CapItol Pollc. Ottlc.r or AIrport Pollc. O'flc.r '0 qualIfy tor Ag. SO r.tlr... R.tlr.....nt eovered !arntnas - InclUdes all salary and wages (excludl. bonules and calh awardS) an contrtbutlons wire mad. to your account. ,tn.l AV.,..aa ~.I.I""V (FA~\ -Th. tlnal average salary aSlumlS: 1) you contrlbutld at Ila.t 12 quarters: ; you are a tull-tl... ...ploy.. IF YDU DO NOT MEET BDTH OF THESE CONDITIONS, YOUR CORRECT FAS WILL BE CALC: WHEN YOU AETIRI. A,.,...... R.ll1nt!8 - The balance owtng to vour account tor which yau ar. lIaktng payroll dlduCttons Ie purChase ot alrYlce. Ilanelatory Debt. Tha amount owing ta your rettrament account about Which you havI baen not1tled Thill dlCt ta to b. aa'ttstled at tha tt,.e at your ratire"ent through an aCtuarl., rlductton to value. SSI Non-Covered Earnlnas cov.r.g. slnc. 01-01-56. benett't esttmatl.. Credited Clas. 0' S.rvlce: A - Nor..al A.tlr....nt Ag. at sa: A-50 - Nor..al A.tlr....nt Ag. at SO; C _ ~ R.~lr....nt Ag. at 110 aa a S.at. Pollc. Offlc.r or Enforc.~.nt Otflc.r vno.. s.rvlc. b.gan prIor to 03-C 0-3 - Nor..al A.tlr....n~ Ag. of SO as a m."b.r at tn. a.n.rsl A...~bly wno.. s.rvlc. b.g.n prIor to 03-C 1-1 - Nor...1 A.tlr.m.n~ Ag. at SO for "."bars at tn. Jualclary: 1-2 - Nor...1 A.tlr....nt Ag. or eo as a dl. Justlc.: PSIAS - S.rvlc. Vltn tn. PublIc Scnool E..ploy.s' A..lr....nt SY.~.": 551-80 _ Nor..l A.tlr....n~ A eo: SSI-SO - Norllll A.tlr....nt Ag. at 110. If you nave .ny cr.altabl. St.~. or nons tat. s.rVlc. not Inclua.a. SIE YOUR A!TIRIMINT COUNSELOF Infor~atlon on purcha.lng Such credit. ALL AEQUESTS TD PURCHASE SERVICE MUST liE FILEO WHILE IN AN ACTIV STATUS. Normal R.tlrement Ade CNAAl - It you wIll acnl.v. 35 y..rs of cr.alt.a s.rvlc. prIor to tn. age l~alcat.d unaer Cla.s at SerVice. your NAA become. your a;. on the aa~a you aChllv. ~S y.ars at crlaltla ..rvtce. Normal Rltirem.nt Oat. - The data at Which you will acnteve HRA. - EarnIngs wnlcn oxc.eaOd .no FOd.ral SOCIal S.curlty baSI tor all y..rs Theae earnings wera used to determine your 55! Denetlt and arl InclUded IENltlT ESTIMATIS - A.au~ptlons u..d to proj.ct ..tlmat.a: I) future ..rnlng. wIll b. tn. aa... a. 1993: : Will COntinua In your prasent clas. as a fUll-time employe: 3) ratirement tablls and tactors will rima' sail. a. tho.. In u.. on 12-31-93; 4) any arr.ars belanc. wll I b. pala CEXC!PTION: those IIIIl1b.rs vn currontly v.ne.a or In a turlougn statu.): U your .arnlng. vIII not .xc.1eI the F.d.ral SOCial Se, taxabl. vag. ba.. attar 1993: 8) you ara a 'ull cov.r.g. ...na.r; and 7)'your manaatory debt. wltn approF Snteraat, hi. bl.n actuartally reduc.d trOd your prl.lnt value. DISABILITY AITIRIMENT - To b. .llglbla 'or 0 dlaablllty r.tlre...nt. you ..u.t b. una.r norllll r.tlr....nt al nave at l..n S years of cr.alt.a s.rvlc. (S'ate Pollc. ana Entorc....nt Otflc.rs have no .. s.rvlce r.qulr....nt) ana b. lI.alcally c.rtUI.o by SEAS M.alcal Exa"ln.rs to ba pny.lcally or ...r Incapabl. of p.rfor..lng your current joO autl.a. M..tlng tn... .llglblllty r.qulr....n~. dO.. not QUarant. a b.neflt. In ord.r to apply tor a dIsabIlIty r.tlre...nt. you ~U.t be an actlv. contrIbutIng m.mb.r Of 51 b. a ....o.r In an Inac~lv. I.av. WltnoUt pay status. S.e your Retlr....nt Coun..lor tor turtn.r d.talla. Keep thIs statement In a safe place. There Is a $5.00 charge for duplicate statements. In 'ha .v.nt at your a.atn. any ben.flts due WIll b. paId to your na...a b.n.tlclaryCI..). It you are vno.. you nave a..lgnat.a. you snould upoat. your b.n.flclarY(I..). S.. your A.tlr.lI.nt Coun.elor tor prop.r for... .' * COMMQNWIA~TH or PINNSY~VANIA r-- STATI IMP~OYIS'.RITIR~MINT SYST'~ AUMINT or ACCOUNT AS or OICIMBIR 3 1113 -, f t1s:~~ ~. _11, IN'Stat. loop"'''' hUr_t S,It. CSUSI p..vtdo. .ach _r wltII _r..t r.Ur_t ace....t Inl....Uon ...leII U-Id bo helplul tn _It_I.. tho _IIU pr..lded br IN ..Ur_t pi... aM In dol.. ,.......1.1 pl....I.., this .tat_t ... pr_ocI ..I.. IN data r~ In ,.... r.Ur_t .<<....t .. ., o.c_ n, 1191, and I. ....I..RSt.t. S'~"'OII 1Ud,10tRbr ,- sras In _. wttll ....,lteall'. ,.. and r...I.U..... P~IASI RlnR TO 'TH! RIVI... .MPORTAHT IN10IlMATlON AllOUT 'tOUR STAUMINT. SSlI 210-40-4851 .:"~MP I: 113008 o.t. 01 Ilrtlll AUGUST 26. 1848 Sou MA~E 1000Ion Cadel 7 N.....I~.tlr_t Oat.. .JONI Credit S.tvtc. u of lZ-JI'-'JI C UI S.,..,lc. A 21.5444 YRS. 551-60 21.5444 YRS. 15. 2007 . '11l'Alm 'Oil K .J SOY~ES 035-134-06304 SlO-078211 IE'rn"'A .ll! Covlrage Type ContrIbution lot. ,tnal AVlrl,1 Salar, 1"3 I.tlr_t Covorocl Eornl..s sn Non-Co_eeI Eornl..s Jotnt COv....,. Conversion Mlu\t Hondator, Dabt FU~~. WITH 551 15.00" I 137.11311.85 I $38,112.110 I I I ACCOUNT IIALANC! I.lone. OS 01 12-31-92 1"3 .leUvl ty Contrlllutt.... L.... SUo Po,...ts Arr....s 'a,.ntJ . oIdJus-.... Croclt tod Intor.1t 5 I ,365.48 hlone... 01 12-31-U 536.488.43 Arr",," ..1..... OS 01 12-31-91 - ."CUUI~ts reflect corrections to your ICCOU"lt about which YOU hav. been notUted. .ene,tt Istt..tlS ara preoared for -..bers who haVI rlached Mo~1 Rlttr...nt AgI and for -.abers -no have at l..st 10 y.ar, of credtted servtca for a.gular alttr.-.nt and It l..st 5 y..rs of credited servtce for Dtsab'l'ty a.tir...nt (Statl 'olice and Enf~t Officers have no .tnt.u. service requtr...nt for dtSabtlity r.ttr.-.nt). II ,... tOl1lI...t. prIor to attalnl.. .ltglbtllt, lor _till, _Ilts. that II prIor to bee..l.. ..steel. ,... ....Id be ..Utlocl to receive '0411' &CCOY1t balance .trus Iny debts to tM ec..x.e.1 th as of ,out" date 0' te,..tnatton. 533.178.29 51.9511.65 -----TAXAB~E BREAKDOWN or ACCOUNT----- Ta.-oeferrecl Contrtbuttons . Prevtousl, T..ed Contributtons . Credited Interest . AccOW\t aalance 11 at U-31-n 5111,588.21 17.0110.211 510.850.94 536.488.43 8ENEFIT ESTIMATES I'U~L RlTIR!MEHT - Thll ""tlon provld.. IN MAl_ _till, _,lts to ,... lor Itl.. II,... dl. bolo.. '''.''11.. ,_ total .......I.tocl _ttons, tho bolone. '1111 be paid to ,our bonoll.I..,II.... OPTION 1 - this oot1on provtdol r_ _Shl, bonolnl to you 'Of' 11'.. All ...,thl, benefits are redUCed fr. the 're.ent Yalue. My balance r_intng at 70411' death wt 11 be paid to ,our _,..larpll.ll. p'RISINT VAI.lI! - Oootll I_lit undor OpUon lor. _tII .n state servtce. OPTION 4 - you _, r_lv. .11 or a portton 01 ,our ICQMIlated dealCtiona Icontrtbutions and Int....n) In I h.p s'- or 'natall...t pa~ts and recetv. reduced mnthl, bene,its l.In:!tlr .. 0' tM other r.Ur--.t options. OpUon 4 11 I....llabl. onl, It the ti_ 0' r.ttr~t and ., not ...- pour oca.Ilotocl _tl..... FULL RlTIIWlINT AIl.JUST!D UND!R OPTION 4 OPTION 1 AD.JUSTItD UNDER OPTION 4 ADJUST!D PRltSINT VALUI UNDIR OPTION 1 WITH OPTION 4 Current .. 0' ProJ..tod to N....I 12-31-93 leUr...,t 5622.72 N/A 5605.21 N/A .---.. $135.285. IS N/A 536.489.43 N/A 54511.28 1442.38 N/A N/A N/A $811.7115.72 MAXIIIIIl DISAlltlTY - You ...t be _":all, cortlllod br lEU 11. :147 .112 Modlcal Ea.1...... to bo pltyllcally or _tall, I_I. 0' _'....1.. your _ront Job dutl,". OPTJON 4 WITHDRAWAL JS NOT AVAlLAII~! WITH A OISAIIIUTY RITIIWlINT . .REFER TO COOlS A THROUGH R ON THE REVERSE SlOE OF THIS FORM FOR AN EXPLANATION OF THE FO~~DWING COOE~ AS THEY APP~Y TO YOUR SENEFIT ESTIMATES: 0 ADOITIONAL RITIRIMENT OPTIONS ARI AVAILAII~I. P~IASI TI~IPHONI YOUR SIRS RIGIONAL RITIRIMINT COUNSE~131 TO~~-FR!E (1-100-633-54111) FOR QUESTIONS CONCERNING YOUR BENErlT RIGHTS OR THIS STATIMINT or ACCOUNT. ....,'\ j '. ~ I .. " -. .. , "~ 'I".' :,~, . :;oJ' I :':~-: ,:, THIS DEeD HADE THE Jlo"-lh day ot Yt1l/l2alf, thousand nine hundred, ninety (1990)., in the year ot our'Lord one or I 0'.,' , . '. ./', o. ,It,', BETWEEN HAHLON G. KLINE and EDNA M. KLINE, ,his wite, Pennsboro TownShip, Cumberland County, Pennsylvania, ot Eest GRANTORS , } '" '-... AND KENNETH J. SOYLES and RONNA L. BOYLES, his wite, ot Newville, Pennsylvania, as tenants by the entireties, GRANTEES. THIS IS A CONVEYANCE FROM PARENTS TO SON AND DAUGHTER-IN-LAW. , WITNESSETH, that in consideration ot ONE ($1.00) DOLLAR, in hand paid, the receipt whereot is hereby aoknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns; " : ALL THAT CERTAIN tract or parcel ot land situate in East pennsboro TownShip, Cumberland County, Pennsylvania, more particularly bounded and described as tOllows, to witl BEGINNING at a point at the Northwesterly corner ot Matthew Road and Glenwood Drive (West)1 thence,along the'Norther1Y'line ot Glenwood Drive (West), llouth 1I7"degrees 50. minutes West. pinety- five (95;00) teet to a point at dividing line between::premiIJes herein conveyed and other lands now or late ot Glenwood Park, Inc.1 thence along said diViding line North 2 degrees 10 minutes West one hundred tive (105.00) teet to a point at dividing line between premises herein conveyed and other,lands now or late ot Glenwood l'a, rk, Inc.1 thence along said dividing line IIorth 87 degrees 50 minutes East ninety~tive (95.00) teet to a point on the Westerly line ot Matthew Road atoresaidl thence along same South 2 degrees 10 minutes East one hundred tive (105.00) teet to a point, the place ot BEGINNING. BEING premises known as 1 Glenwood Drive (West). BEING Lot No. 12, Block "H", in Plan No. 3 ot Ridley Park, which Plan is recorded in the Ottice ot the Recorder ot Desds in and tor Cumberland County, PennsYlva~ia, in Plan Book 14, Page 22. BEING the same premises which Glenwood Park, Inc. by dsed dated June 1, 1964, and recorded in the Ottice ot the Recorder ot Deeds in and tor Cumberland County, PennsYlvania,' in Deed Book "F", Volume 21, Page 1036, granted and conveyed unto Mahlon G. Kline and Edna M. Kline, his wite, the grantors herein. THE GRANTORS HEREIN RESERVE A LIFE ESTATE IN THE ENTIRE PROPERTY FOR EACH OF THEIR NATURAL ,LIVES. , . .' . " < .:-'l . ~.. ".t. ,r,) .,' * \,..1 AND the said Grantors hereby covenant and agree that th~y wi~l warrant generally the property hereby conveyed. ' '0 IN WITNESS WHEREOF" said Grantors have hereunto set their hands and seals, the day and year,tirst above written. " SIGNED, SEALED AND DELIVERED IN T~ED. ' ~'MAA-- !'o ?f//~ ,ll ~ HAHLON G. KLINE ? A;JM. 911. /1,.( L " EDNA M. KLINE ( SEAL) (SEAl.) 1 IDb~ ~ 34 rACE 789 "0"_.' , , , " . , : , . . ......, .---...... . . . .............--....-_..._.a...._..__. ..........---................-.. . '. ..-. .. . ...' . ,". COIIHONWEALTH or PENNSYLVANIA. . SS. COUNTY or CUMBERLAND . On thh, the /(jJ,h day ot mfit:?{!!+ ., A.D. 11110, betore me the underaigned otticer, peracnallr appeared Hahlcn G. Kline and Edna H. Kline, kncwn to ma (cr aat atactcrilyproven) to be the peraona whoae,namea are aubacribed to the within instrument, and acknowledgad that thay executed the aame tor the purpcses therein contained. IN WITNESS WHEREOF, I hereuntc aet my hand and otticial 88al. >"""~d 4' ", "0, ' ,,')....t1"'I.l/~A., i I. '". .:U"~" . tI''ttI Ij .... ~,.....:.~' .!lIo.....:"":, . . 0...,......; Nota Pu \\' ';'~_.~, .~;, . . \ . ':".~"II"":",~....,. . '," .......... J....: ..,c.~,.,..~~ ~I'.I.I ........ """" "..4-" CbMILP.""tlNryNla " ", " r~:. Clmptil&llo.C_"",,Co&ny ........_~ 1I Co...~1i;n ~pIr.. !1'lll1S. IDlO 1.I'I:\ln'l P....)t4I"'AI~I.fNO!.\f.. . I do hereby certity that the preoise residence and ccmplete post ottice addrQsa ct the within named Grantees ia 1516 DOUbling Gap Read, Newville, PA 17241. ~tt0-?-/C::;.ciJ?<J.J ~ --.. Attorney tor Grantees .... \ I . ! ,< f; . :j. ',I t I .', ... i: ~ Cl'J ... "'. C':l "'... t::\tut- ~! ~ 'i i;"' ., ~ :;. c. .' . ~ "'.' c::,...., o ". '.~ uc..:..:. ... :. ... " " ,I -".., to '\ :11' " ~ E ........""~.. ." . .. 'L ,,' 'J( I' :.Y-~~'" ...:~, '" '. .';I/I'..",.:r.,{"J'_'.,I. .. .:. ...,' .'-".:r-,. ". .,,, .. i. .' ". . 'r.~~'.~,';:';'.;q,.".\ . : .'*"'~( .:', ... :":,Ti~ .1\'~ '.' .'"U! ". :::' ';: I rj'o<I~......m..y.1.fH. . ",'. \ , ,I,.,!!.' : tg,,~.1, I""~;~,\ ...~ . 's ~., , . '. .0.. .J.&. Co"u'n',Ol P.nnIYI~.n'.,., ,'... " " r).............-~'\l5~1!,~.'J\~..r. y 01 Comb _C!S ., TV._IlI....'....~." J~/.. R.cord.d'n Ih or/"nc1. ,"" ,I . '. ,V'. ~:u.,~,.,~~~.:.Q .J' ~i """1(1, tnrrl ..1'0.\,""'" t.I .,IoJ. ... '. "I)"d lei; ""lOr) I 10 '~COrdlllr .....,J',~. .h" ;;."''' , 0 'J) 'Jr :m''lf.ouiUy II.: ."... .",,,, ~o~ V"%,", .' ~., ".\ ,;,:' ~v ,....).. ig'1 cr.'~~\"\""~I\'..,~ ...~.V~, . "P.t;'orcJ(u . ",',. en ..... ~ Q ~ , . .,. ,I. ( l . ( i I "-'~'-""""--,,,-,,- - '1'1. ... .: 2 .. -- ....-.. "_"04'_' &}U 1. 34 PACE 790.. . ., of. . j . '. j -' " . :.: :...~,~:. ;.. .,':','~:i;'" '.)';"(1 . ."~" 0, . I. ~ ! ~ \ t A,C1.1Icl. llJ5.OO1571-1 . " TillS "'ORJOADB mad. .hh 2rd CLOSEU ENU MOIlTG^GE d., at O:td:er . 19 92 ...,.........-...th .1, "1'1- ..... R:ma L. B:7ilm r..,c:~.~~^ ., " In ctlllsk!cnllon (Uf '11d 10 I""" rU1)'l1lCnlln Mnfllalcc by M~r1I'ltlr or .100\" Ind IUI)' Inlc,c" and COlli d'IC.lhcrenn nldcnccd b)'. NnIC d~lcd O:td:er 2, I 19 92 I _lIh. Tnl.1 o~ltrlnclp.IIIDI.nct "h.,lnlcrel' (IIrlle Inappllcahle r","ldon), nt S J] an m C.ndlof Ill' ",ndlflullon, reflll.neln, or calcndon Ihrrcnr and .n, alher noIe or 0111(, ."ermenl whkh "I" be ,"b'111~iird ifti,cror. '11)' nf fill or whkh ",c hereln.flcf c.lled "Nole' and PC,(ollU.nce etl.lI cnndltlon,. eeMR.nU .nd ot'llI,"lktnl conlnlncd helcln .net In the Hult. Ihe MortlllO' dun II, tllc.e ,,,elcnl. ,f.nl, b,t..ln. Icll. con"1 .nd mofl._,c unln Ihe MOrll'lre, ALL Iht rCIIlctwlul dUCflhtd 'cAI Cllalr ,11",11: In Ihe tt~oc.'1bwn"1I11~ of Emt ru I ~u Count, of Ont:erlatJ . Cornmonwullh of I'cIUI.,lvanla (IICICIlIAflCf ullcd "r,col'wa' btown Ind dclIl"alC'd I' 1 GIswrd D:iw W. 0r!RJJW., h!I._11OU . 1',..,,,,1,,.,,1., eon",.dlo &h. Mlttla'IOf It, Dudel.led -J:ill'~" "bl~h 16, ,19 90 .dwl"eeOfd.dlnlheomc.forlh.R.cotdlnlolOnwl.."WC"nvnl,IIlllD...noa'"Nn.L 34 .",'709 .. the r,emlltl ".lhcftln described, .nd,Un.e......" II ",at. r.ttleul.,l, duerfbcd'l 'oUo_' Of n"UI, ft",,1t .Id. her.ot. TOOBTIII!R _ilh ,11th. bulkllnl..nd Itrlr,ovrmcnl,lh.r.on ...d Iddlllonl.nd .lltr.IIOftllhelClo.lnclud,..i 111.11.,.. P....I...'.. ".htl,lIbt,t1.., rrl""e.tI, hcrrdllamenll Ind 'rpurlen.nCtI whallO"" Ihereunlo belonllnl 0' .pptrt.lnlna. TO IIA VO AND TO 1101.0 IIlc r.emlu, henh, ,flnl.d I..d eonu,ed "nlO MortlllU.lo Ind'Of Iht....nd btttoof of Mort,I,,,, klllKCUIOfI 1M 1..I.nl. 'o,tvfl. TillS MORTOAOU IS MAnu .uhjecllo Ih. 'olluwln. condilJnn.. cO'le..,nll...d obll,allonl: a. ^" r',"lenl' 011 Ih. Nnl' will h. mlde .hc.. due.lnch,dln. p.,mcnl' due b, .cc.leraUmI 01 ""tUIII" .nd an othe, ecmdlllcM.. con".""'" .nd ohll'llIn.., II required or r.n,I,led herrin, In lhe Not., or In .n, oIher obll.allon at MM...nr 10 Mort...... .11I b. pc,fCNmed: .nd b. Morl,.,ot eowen.nl' .nd .."anl. Ih.1 MOII"ln, h.. ,.. ,Imrie 1IIle In lhe r,tml... ,,"llhl rllhllo mort"I' lhe r''''''II.: Ind e. MOff.a.ot.1II p., .hen due .111.... .nd ...eu.nenl. .lId other 10,ernme..I.1 char,u,lncludln. tleel,lelt,. ..Ier and ...., refllll"led Of ...e..ed ...I..,t Ih. Preml.u 0' ..., r.n Ihefto(, .nd.1Il dell.., ,tc.lrlllherefflf 10 lhe Mnl'",u "f'IOII,.qutll..nd ,h.1I p., .hI. d.. .1I.mmrnll lecu"d h, ..., r.kM lien on II.. r'e",II..: ...d d. Moet..,o,.lIIher Ihc r,.mll"lnlured ...I...t n" .nd lueh 0111" h.u.d,l.. luch '1Il~..."1 1M ...IMrnllll m., It. ,.."lndhJ Ih. MII,t..,u.1'd III. pollelll .nd ....e..I. .,ldeMln. .uch In''''I.c, ,h.ll hi" .1I.ched Iherelo . Iou ra,lbl. el...ee.) IfI lonw ICC'rIIW. 10 Ih. Mort'....: .nd .. Mon"'Of.1lI "elth" nil. ...Ian or Iflnd" ..., Of all 01 Ih, r,e",ln; Of .n, 1..le.etllhenln not commll no, .ulrer art, ...1.. U"ral"",nl Of dcler'oflllon 0' Ihe r,e",I.., and win mlrnlaln Ih, i.m. In ,ODd arder .nd '.ralt; .nd . .; ,. In Ih. "ent b~ InJ def.ullln the mlUna 0' ail, Pl,m.nl due ilia ,.Ijible unde' th. Not.. or In I~' 'ccpln..nd pcrfnrm'M' 01 .n, oflh' con. dlllon.. eo'.n...u."d obll'ltlon. cflnl.l"ed IIereln Of In th. Nolt. Of In an, other flbll,all".. 0' Mort..,nl 10 Mnrl"lu, Mn""lu m." "l'C'fIllm.l, . noIlce 10 Mo't.'lor if requlrcd h, la..(I) 'o.III.llh h,I...... .ellon olmo,I,.,e foreeloluft hc,eon, 0' hulllul. othe. 'nlulul...f' prncudln". uran Ihlt Mnl1l"C, Ind m., rrO('rcdloJ~llfIlenl .ndeleeuUM 10 'eco'e' Ihe h.lan.. du. on th. Nnr. and .n, nlhe, lum.lhll mAr ,... 1., "'f',,"...lrr.lnellNlIlIl IUo.ne,I' 'tu. Call' of lull and COlli o'nl. 10 lhe nlent. if .n)'. p,o,lded In Ihe Nole. .nd(lI) tnler ,..Iopo".nlnn oll',f1111H' ..Ih or ",i1hnullrlll Ictlon.lell.lh. I.me, collCCI .11 renl, .nd p,oritllhe,ef,om and. Inu drduellft,IU COI'I nl cnllectlnn and Idmlnist'IUon t.rtn", .rrl, thc nel rtnll ...d rrnnallolh, r.,menl olllletand olher ..CCClIA., m.lnlen.nc. .nd oper.tlon COIIIClncludinl .,cnll' 'u..nd .lIorn.,,' 'etlllM' on .ccoulIl o'lhe NoIe. I.. ,ucho,der Ind .htGUnll II Morl,I,u In MO'I'I.cc', 'ole dltcrtllon m., elecl.nd Mu'lla,u ,hall blll.ble 10 Iccounlonl, '0' 'entl .nd r.o', f1, .eluan, reeel'ed b, Mort'IIU; .nd ,. Mort...u, herth, ..I,tI .nd ,eltlltI .11 bencnl .nd relief '.orn In, .nd all .ppnlum.nl, II., .nd .umpllon II.' now In fOIl" 0' h...ancr p....d. .llhu 'Gllhc benenl 0' rtlld 0' MOfl.alo,. Of IImlll".lhc bal.nc. due 10' IUIII nolln 'IC'" ollh, .",ounl.elulll, PIW It, Ih. ,."chlt" 01 Ih. Premlte. .1 . IIle Iheftot In .n, Judlclll proceedln.. Upon Ihl. Mortl'le. 01 lumplln,lh. Pnmllll or III' othlf propcn,. rill or ""Oft.I, 01 an, pin at Ih. proce.d, of IIle Iheftol. ',DIn Inaehm.nl, I.", or ul. unde, uteuUon. ot pra,ldln, '01 an, It., of .ucullan or OIhtf proce..: .nd DUT ALWA YS rnOYIOED, nevellhelen.lh.t Iflhlt MO'I,a,e and Ih.dehl' hUlb, lecu,ed ar. p.leI'" r"lIlnth.ln.nlll' p""lded Inlhe NOI..lh.1I Oil. Mort,..e .nd lhe ul.1. hereh, ",Inled Ih.1I cell' .nd delermlne .nd become .old, ,",Ihl", henln 10 lhe coni.." not_IIhtlandlna. n. co"elllnl, .nd eandlllon, herrin eonlllned ,hili bind and Ihe benem, .lId .d..nl'lel ,hili Inure 10lhe I"pertl" helll. eICClton. .dml.IIII.ICWI. '''C''"OfI. and .nll'" a',he partlu herelo. Whe..e".. "lCd,lhe 1III,ular numbe, Ihall Includ. the plut.I.lh. pl.r.1 Ih. ,In...l" .nellhe... 0' In, I.nde, Ihall bt .rplle.ble to all ,enden. r.,ment 0' Ihls MOrl..,e I, '''bJeello Ihe lerml Ind condition, ot Ih. Nole ,e erred 10 lbo'e. IN WITNEi(L~t."I".' h" hm.n.. ,,' h.od .od... .h d.,. -----,- ,i./L- _WWI,~:~~__#I'"l:JP.,>1Jh,..________,_____ ;;' ,. -;r.-ltif1iiii I..... ond (her,h..n" .h.,..., OM or ..... till.. "Mort,.,.,.") ~; Ihtlllfl.n" e.lled ..Mort.I.....); WiiftiiI"._.... ... WIIIII"----' Moi"'iii~;--." '. " .---. MOi1iiio,- . ioodOOS r~~[ mJ9 .1103110 RHV. n/9CI ,.! I ALL TI~T CERTAIN tract or parcel ot land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described ,as tollows, to witl BEGINNING at a point at the Northw~sterly corner ot Matthew Road and Glenwood Drive (West)/ thence along the Northerly line ot Glenwood Drive (west), South 87 degrees ~o minutes West ninety. five (9~.00) feet to a point at dividing line between premises herein conveyed and othsr lands now or late ot Glenwood Park, Inc./ thence along .aid dividing lino HQrth 2 degrees 10 minute. Wost one hundred five (105.00) teet to a point at dividing line between premi.e. herein conveyed and other lands now or late at Glsnwood Park, Inc./ thence alony sdd dividing line lIorth 87 degree. ~o minutes East ninetY-f ve (95.00) teet to e point on the Westsrly line of Matthew Road atoresaid/ thence along same South 2 degrees 10 minutes East one hundred tive (105.00) feet to a point, the place of BEGINNING. BEING premi.e. known as 1 Glenwocd Drive (West). BEING Lot No. 12, Block "N", in Plan No. 3 ot Ridley Park, which Plan is recorded in the Otfice at the Recorder at Deeds in and tor Cumberland County, Pennsylvania, in Plan Book 14, Page 22. BEING the same premiees which Glenwood Park, Ino. by deed dated June 1, 1964, and recorded in the ottice at the Recorder at Deeds in and for Cumberland County, Pennsylvania, in Deed Book "r" Volume 21, Page 1036, granted and conveyed unto Hahlon G. KlIne and Edna K. Kline, .hi. wite, the grantor. herein. ......~" ..~, "- ~l .., 11t\'I"Ivunia J 55 .. 0'" ~ ,'''!' '~, .,.. . .-:. " ~~ I' ,\1 f:1l111llo,lhlld ,dlno 01 CulKIn ''li-."' ~ ,,' 11r .. '. I;' olfll:" 10' the ,eco '.;I~ I "', ,., lII.u I nd coun~ 'f :~.-f.J~. 1.\ n.'. fin (:llmb.r D p . . .>it'. i..l 1'1.j!.......~1 _ age '. ' 'ill\tl'~,'I'\\,,\ 1"'" '\I~" I I cilflc. (\ 't.. I. . ,l:\ , " '0"':";;;~~r:-' "'~:V hc"d .~. ~~~. lll'-\l- COMMONWI!ALTII /I' ~/i4i~;l'f:Wl"It,,~.I. J.J;:}r ~ ' , 'Y.:... I,.'!' - - iI III an ......... '~. Roco D COUNTY Of " ;" '.l'Cl~';:''' . O.lhh 2rd 'l~ul~~....' 'r.~~~!.. J . 1992 ,beta.. me Ui. lubscrlbe" . Hoc", ,.bUe I" lAd for II.. "~>T\Il.."..\""... J<m-eUt J. B:!ilm lnl R:rra L. B:!ilm Common.ulth 01 PCM.,I.anl., p.non"11 ,ppulld, &nlJ . .I,d Id ...culloa ohu lam. bo... to MC(0I111bradorll)' proY.Il) to be th. ptflOn(I) ..hol. namc(.) II (..) lublcrlbcd to lhe .boY' MOf1,I,1 Ie no. Q ror th. ~1JIOI~~ I&"h," ,~t'~:I~ and duhld thlt II be recordld II lUCk. (~ . iG OIIlf~m''(:itlllh' d.y and y.u .r.""ld, "?:l. _ (\ '--;' ~ . . , 1W.~""'~~,'{i'.t\ ~.~~~Cl",", ~nl1: A , ,". . '...~~~~tf.;. Not'lf Mil. o!U~' .'~ '...;. l\~~ ~~, ffi"I~~ ~ I' 'i&1~ ~t;'hln,,,,,,wd MOIlICACEE 114m c..llol, I'ill, Camp IIU PA 1::';".::~~NIIo '~ 't, ,~ ..Wi HMldlt.T.....ClIIt.odlv'dCa.ny f'.::~ ,~'u.;f.V ".., IAYr-.u.f..,...0cI2l1.III':lS ~'\'.t.ne;.~~r:"",'" ~". '-4 I ,..... ... ~,.- . .,................ A,.nl 011 bihalr 01 MOIl,.,.. , . . . !-.... ., I ALL THAT CERTAIN DESCRIPTION OF PREMISES ROOEIIT I'. llEClER (In'.1I .p..lne dClc.lpllon or !'.eml.... Ir n.e....olJIiCOROEIl Of DEEDS CUkbERLAIlDCOUNTY_PA '92 aCT 22 AI'II0 19 . bOOK 1095 rAdOOIJ . . . uJ ';J ~ .1 KENNETH J. BOYLES Plaintiff, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. . . : CML ACTION - LAW RONNA L. BOYLES Defendant. . . : NO. 94-2121 CML 1995 : IN DIVORCE ~TIFF'S PRE-TRIAL STATlllMENT UNDE&.PA RCP 1920.33 (b) AND NOW COMES Plaintiff, KENNETH J. BOYLES, (Husband), by his undersigned counsel and files his Pre-Trial Statement under Pennsylvania Rules of Civil Procedure 1920.33(b), as follows: 1. See attached list of marital assets. 2. Husband does not intend to call at trial any expert witness parties unless the parties are unable to stipulate as to assets, valuation, and incomes of the parties. 3. Husband does not intend to call at trial any witnesses other than the parties. 4. It is hoped that the parties will be able to stipulate as to the incomes and earning capacities of the parties, the fair market value of the marital real estate, the date of separation value of the coverture share of the parties' pension and retirement benefits, the value of the marital share of the vehicles of the parties, and the other items of marital property. Pending the receipt of Defondant's Pre.Trlal Statement and/or discussion at the pre-hearing conferencu that stipulation us to incomes and assets is unwarranted, Husband Intends to offer In evidence, in addition to the stipulation of the parties, the following exhibits: u. Income and Expense statement of Plaintiff. b. Statement of Pension Appraisers, Inc., as to the value of Husband's defined pension benefit. c. Copies of receipts and other evidence of payments made by Husband on behalf of Wife since date of separation. d. Copies of credit union account statements from PSECU. e. Report of realtor's Competitive Market Analysis report of jointly titled real property at 1 Glenwood Drive, Camp Hill, PA, 17011. f. Copy of wage statement of Plaintiff. g. Copy of Mortgage dated October 2, 1992, given to CCNB Bank, by parties, on property at dated October 2, 1992 of the parties. h. Account of proceeds of mortgage loan of $33,000.00. i. Statement of Summary of Life Contracts Values as of October 31, 1993, from Northwestern Mutual Life. j. Copy of Insurance Policy of The Knights Life Insurance Company of America regarding the insurance benefits of Plaintiff. k. Copy of statement of State Employees Retirement System with regard to pension benefits of Plaintiff as of December 31, 1993. I'......,,''"''. .,~ 5. Husband is employed by the Pennsylvania Department of Environmental Resources. He works at Colonel Denning State Park in Newville, PA Husband's gross annual income from wages for 1994 was $38,169.71. Husband's current net income is $979.06 bi-weekly. A maintenance expense of $116.15 is deducted from his gross pay each pay period. This is in consideration for residential housing that he is provided and must occupy as a condition of employment at the State Park. 6. Husband intends to offer testimony as to his expenses. An expense statement is attached hereto. 7. Attached hereto are documents related to the pension and retirement benefits of the parties including Husband's interest under the State Employees Retirement System, and wife's retirement interests through Cumberland County. 8. Husband does not intend to present a claim for counsel fees before the Divorce Master. 9. At this time, Plaintiff is aware of no dispute as to the description or valuation of tangible personal property, but such description of valuation information has not yet been exchanged between the parties. 10. The marital debts of the parties include a $33,000 mortgage loan incurred by the parties in August 1992, and a line of credit owed to PSECU incurred prior to separation of the parties, with a balance as of October 31, 1993 of$6,806.78. The marital real property was a gift to the parties from Husband's ,.,.....,.-.".,....,..,.,.. """,',"'- mothor, subject to a life estate. During the separation of the parties, Husband's mother has continued to have exclusive possession of that marital real property. Husband has been exclusively responsible for the payments related to the debts on the property. 11. Plaintiff proposes that the marital property be divided equally between the parties, with credit to him for distributions made to Wife during the period of separation and payments made on joint debts. Respectfully submitted, Dated: ~ 1 a \'1S"'" BY: Andre C. cobsen, Esq. JACOBSEN & LKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 _...'" 'O._....,.~, '!;-,:";.:?'.{;:;;:/f~~ - MARITAL ASSETS 1. Interest in 1 Glenwood Drive. 2. Date of separation value of Husband's state pension. $72,587.09 3. Date of separation of Wife's county pension. 4. Cash value of Northwestern Mutual Life Insurance - $8,898.36. 5. Value of vehicles at date of separation. 6. Value of bank accounts at date of separation. 7 . Value of personal property in possession of parties at separation. 8. Value of distributions to Wife by Husband post separation. MARITAL DEBTS 1. Home equity loan on Camp Hill Property subject to life estate of the Plaintiff's mother. 2. Loan from PSECU SEP~13-95 WED 8:39 . -' "!". ,"~"': COL. DENNING STATE PARK FAX NO. 7177764640 MAlUTAL ASSETS QUANT DESCRIPTION AGE I SOFA 3 2 RECLINERS 3 I 2'" 3YR OLD TV 3 I WATERBED 8 2 DRESSERS 30 ASST COOKWARE 20 I REFRIGERATOR " 1 DRYER 15 1 WASHER 15 ASST SHEETS 6 ASST TOWELS 6+ 2 LAMPS 10 I KITCHEN TABUl 15 2 KITCHEN CHAIRS l' I CHINA CLOSbT 25 2 DRESSERS 25+ 8 PC DINNER SET 10 ~." ~; - ~,r' . .'-~,' ':';'~7}'F""J'..>'-t.-.u' ~ '-.'" .~"..l . ._""....~,"l...:._., ~ P.02 - ,. SEP-19-95 TUE 10:17 COL. DENNING STATE PARK FAX NO. 7177764640 P. 0 I ~-18-1m 15:<18 JACOIl';8-l & r'I\U<ES 717 249 8427 P.02 ---... \ INCOME AND EXPENSE STATEMENT OF "-.G.V'\'f\~ "t~ ,. ~~E ~ SSN '2\0 .~.~ilDn. _OATE:\- \q_-::C'l~ THIS STATEMENT MUST BE FILLED OUT I I I I , ---_.- (II you are self-employed or II you are lialaried by a budlne3ll 01 which you are owner In whola or In part, you must also 11I1 out the Supplemontallncom. Slatemonl which appears un the la$t page 01 this Incum. and EJlpenu Slal.m.nt.) INCOME ~ ~~S \ la) wages/Salary 'P6 /i)^ Employer & Addresll ..Con-.'l'n_ C> ~ ~. ~~ GoN ~e0\l ~V\~,.. ll..~ ~ \~~ Iff" Job Title/Description '\'t>.XL\L ~\1t~ Pay PlIrlod (weekly, bl,wslIkly month!!) ,_ ~\.~~ ~\(.\-i-'" ,- Gross Pay per Pay Period .....\.~.S~.t:lfi.......................................t..........._........_......................... $ Payroll Dedu~t10nll: . !>> \ Federal Withholding ,.................$ Ci2GA . Soc/al S.curity ...........................$Jl~_ Loc:al Wago Tax ..........................$..J Slale Incom. Tax ..,......,.............$, , Rotlrement ..................................$ Health In!iurance .......................,~ OIlier (speolly) ..blIlII:4:r.............$ ~t:: _a.~......u.......$ - ' -- ...............,.........$ ,-- . Q'Y' S . . . . 'T'1'J, 0 Net Pay pit Pay Per led ................................................................................~......................~..............~. $ , (b) Other 'n,come Wlllk Month In Ie rest/Dividends ......................$_ $ Pen$lonlAnnully .........................$ $ SocIal Security ...........................$ $ Rents/Royalties ....,.........,..,........$ $ Ellpen811 ACCount .........,.............$ $ GillS ............................~........u.. ...$ S Unemployment COmpenoallon .$__ _ ~ Workmen's Campendatlon .......,$ $ \NS"yt\)(.."~ - zn~ ~,,9. - A-'4c.. \C\<\"\ -\.)ft~,~S u.ep.clL~ Tolal, Other Income ..,....................$~ mClI'\"\'t~ ~1 SQ~...~O. Year $ 0 $ 0 $ 0 $ <:) $_9 $ Q... $ 0 $ a~__ 33"8,e) 0 $_.~fsIR.(J() - '. INCOMl! AND EXPI!NSl! sTATEMl!NT OF \LGt....,n~ ~~ _ __..__ I v..lI, .Mllllo ..alOl1\ooIlIl fIIU.1n .hl.lnco_ anclI!lcAon.. SIal., menl III trut a"d corllct. I und"allnd lhal 'alII Ilalamtnlll1eroln art maa. luDI...1 10 Ihl plnllU.. 01 IS PLCl.S. 41:UIIQ t~ un,"orn ,.".,Iolllon 10 .u'horlll.s, V <:; ~ O.II:.,\-\C\.qS taN\U Or . .""'''1 .' SEP-19-95 TUE 10: 18 COL. DENNING STATE PARK FAX N~ 7177764640 ~ 02 f' . SEP-18-1995 15:29 JRCOBSf.N & I11LKES 717 24g 8427 P.03 -....... HoulIehold We.1e Child Week Hous.hold Month EXPENses Ham. Mortgage/Rent ........................................ $ " Maintenance ................................,.......... $ _..__ _ S $ 'c.,~ .00 S $ $ UtllltJlS (telephone, healing $_ $ 50.00 $ . ellettie, eta.) ........................................ $ employment (transportation, lunch.I' ...............,...............'....... ....., $ Taxell Real Estato .............................................. $ ___ $ Parsonal Property.................."............... $ S Income ....,................................................ $ S Child Month $__._ $~O.oO $____ :' 'lS~e :~W\- ~~ $ ~$Z.1Z. ~ $ ""'" ~'lU~ ~p&. Insurlnce $3,!O , $~ L~J.32.. .. $ ---- sbJ,oO Homeowners ............................................ AutomobIle .............................................. Lill/AllllldenUHaalth ......................,....,.. $ $- $ $ $ $ $ $ $-- S Other ............h.......................................... Automobile (paymontll, ruel, repalts) ....u..................... ,to ................... Medical Doctor, Dentlsl, Orlhodontlsl .......,........ $ Hospital..........,........................,............... $ Speclallolasses, braces. etc,) .............., $ _'__ Educatlon Private, ParOChial Schaal..,.................... S College ..................................................... $ L $~_.()() $ -, $~- $___ S $ $ $ -,==- $ ----- Personal . Clothing ,........................,......................... $___ Food .......0._............................................. $ $_._ $ ,S.c.)Q $ $ a~_ $ $ _'Of) $_ $_LfQO Other (househOld supplies, barber. ItC.) .......................................... S Cr.alt paym.nls and loans ......,............. $ _'__.._ Millc.llan,Dus Household help/Child cat. ..............'...... $ Entertalnmenl (Inc. pap.rs, books,vacatlofl,llayTV..tc.l....l::.:.L.. $s-- _ $s- $$l~, GiltllCharltabl. contributions .'w:~.. ~ Legal Fees ..."........................................... $ $ _ ..0 _ S 150 Olher cnlld lIupporUallmony paymanlS ............................................. $ $ $ '2.00 Other (ap.cllyl.....................,..................,...... $ _.__ $ __ __ $ $ - $ TOlal Expllnllu .......,..'..................,............... $ _ s 2<O<lQ.4l - - $ $ $_. S $--- L $ $ S L_ $ \00 $ $..._ $ $--- $ $---- $ $__ _ S $ .. '- - . ..:..- " . ! ~" . " --..y,;" . 'l;'::\o, SEP-19-95 TUE 10: 18 COL. DENNING STATE PARK FAX NO. 7177764640 P.03 SEP-16-199S 15'30' JACOIlSEt-l , MIlJ<.ES ... 717 2.19 80127 r.04 PROPERTY OWNED Dlllorlptlon Cnlcklng "'ccounls ,....... 'VC;~c..v..... ~" S&vl~. AccO\JnlS ........... Own.r.hlp' VIIIlI H W J S .J$oo ~--- S tUeo ..:h- _ _ S --- S --- S --...- $- --- - $___ --- S___~ =="'- $ ~'!OOc;:.L $ -~- S --- --- -- $__ ----. s --- ...........- CrBOIl Union ...................._, .................... StockalBondl .................. Rell ESlal. ....:..:.::.\~lo-. ...................... Olher ..............................._ ..,............................. TOlal, Proparty ........,..'......,.. INSURANCE Comp.n~ Hospital ....,...................... ~L~ C"('t)~~~ M.dlcaJ ............................ r~,~ ~ ,""Q. Health/Accident .............. Disability Incoma ............ ~ Olhar (denial, Ilc.1 ..'....... 'Ocz.\ \-.. _~"'L- (.H . HUSband, W. Wile, J . JolnL, C . Chlldl Polley No. tno1<., 2.\0-\"''(6'' \\ Coveralll' H W C L.. ...L.... _L- -L.. ~ ..:::::- ~"'~ ~". :z -:..- ./ SUPPLEMENTAL INCOME STATEMENT A. This lorm musl b!l filled Qui by iI plIrllon who (checl< one): _ (11 aperat.. a bllallles6 or practlclls a prolollllon; elr _ (21 III a member ell a partnerahlp or Joint venlure; or _ (3lla a allarlholder In and 1& salaried by a cloaed clllporaUon or almilar anlily. " e. Atlach 10 this atatemanl a copy 01 the lollowlng dOl;umanta ralatlllg to Ihe buainelll, plohlslilon, pallnllshlp. jalnl ventu", cOlporatlan or slmller entity. ' III thl moStrocenl Fedlrallncelme Tax Relum, and ~ thl moat rocent Profit and Lasa Slalom anI. C. Nama and Addre". 01 buslnlss: Tolephonl Number D. Name and Addte&. (II dlfferenl than 0) Q' fccounlanl, conlloller or Oll\.r persQn In cha,gl 0/ financial records: _ e, I11Annuallncome hom bUllness ......................,..-............................................................'.... $ (2) How ollen 1& Income r.c.i"Bd1_............................................._......................................... $-- (3) Bross Incom. par pay period .._....................u.................................................................... $----. .--- (4) Nellncome per pay pertOd ................................................,....._.......................................... S-....__ (~) Specific deductions II any ............................._...................._.............................................. $- rOTt=L P.04 '0' j , ll~~:7:~::.'>;' l\ (. . PENSION APPRAISERS INC. P.O. Box 4396' Allentown, PA 18105-4396 1-800-447-0084 . Fax 610-770-9342 c ,/ May 11, 1995 "'~'{ \ S \99S , . \ ~ECE\'JEO Andrea C. Jacobsen, Esq. 52 East High Street Carlisle, Pennsylvania 17013 RE: Present Value of Kenneth J. Boyles' Defined Pension Benefit File No. 05-95.38-692A Dear Attorney Jacobsen: We have determined the present value of Kenneth J. Boyles' defined pension benefit by the Life Expectancy Method as of October 23, 1995 to be $72,587.09. This calculation was derived from the following information and facts: BIRTH DATE: August 26, 1949 MARRIAGE DATE: December 12, 1970 VALUATION DATE: October 23, 1995 SEX: Male PENSION PLAN: Pa. State Employes' Retirement System DATE EMPLOYMENT STARTED: June 19, 1972 (Assumed date pension holder began participation in the plan) DATE BENEFITS STOPPED ACCRUING: October 23, 1995 (Assumed date pension holder ended participation In the plan) ASSUMED DATE MARRIAGE ENDED: October 23, 1995 AGE WHEN BENEFITS COMMENCE: 60 Years LIFE EXPECTANCY TABLES: Intemal Revenue Service Regulation ' 1.72.9 Annuity Table 1 (Ordinary Life Annuities of One Life) LIFE EXPECTANCY AS OF DATE MARRIAGE ENDED: 74.70 Years LIFE EXPECTANCY PAST BENEFIT COMMENCEMENT DATE AS OF DATE MARRIAGE ENDED: 14.70 Years . Valuators of De fits for Equitable Distribution" - . i: _..,~" ",,,,,' ~':'.. ,'..C~;'~ _,: ',''i:-f~,.,: ,j,> " ( .Ife Expectancy Appraisal MethoJ: May 11, 1995 Kenneth J. Boyles - File # 05-95-38-692A Page 2 TIME LEFT UNTIL BENEFITS COMMENCE AS OF VALUATION DATE: 13.84 Years INTEREST RATE ASSUMPTION: 5.1% and 6.10% Effective Interest Rate on High Grade Municipal Bonds for the Week of May 8, 1995: Less: Estimated Cost of Living Adjustment: Adjusted Immediate Rate: Adjusted Immediate Rate: 5.10% Deferred Rate: 6.10% 6.10% .1JlQ% 5.10% Source: New York Times, May 8,1995 edition. This rate Is an Index of yields for long term A-rated general obligation municipal bonds complied weekly by THE BOND BUYER. ASSUMED MONTHLY BENEFIT: $1,460.86 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of October 23, 1995. Formula: 0.02 x Years of Service x Final Average Salary = Annual Maximum Full Retirement Data: Years of Service: 21.5444 Years as of 12/31/93 +1,8070 Years (1/1/94 - 10/23/95) 23.3514 Years as of 10/23/95 Assumed Final Average Salary: $37,535.95 Analysis: 0.02 x 23.3514 x $37,535.95 = $17,530.34 (Annual Benefit) $17.530.34 = $1,460.86 (Monthly Benefit) 12 Months . .... .' ( _.fe Expectancy Appraisal Method ( May 11,1995 Kenneth J. Boyles. File # 05.95.38.692A Page 3 REDUCTION FOR MORTALITY AND DISABiliTY: 0.9306 Represents a reduction for the probability the pension holder will not survive from the Date of Valuation to the Date Benefits Commence. REDUCTION FOR NON.VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 1.0000 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated in the plan during the marriage and, the denominator is the total period the pension holder participated In the benefits program. PRESENT VALUE BEFORE REDUCTIONS: Reductions for Mortality and Disability: $ 78,000.31 x 0.9306 Reduction for Non-Vesting: Reduction for Marital Coverture: x 1.0000 x 1.0000 VALUATION FOR EQUITABLE DiSTRIBUTiON: $ 72,587.09 ~ ~ ."~ .. -~#;;",.'?tr-~"" . k~....""""", ~1I>"'", . ---. ';'. ., ( . CUi'lSiUH.,AND COlJNTY C.----' ~1~L~y!e ~ETIP~~~NT sT~Te~~NT OF ACCOu~T ::: . . , '':;l :'}:r" -!~ -' ... -' ;) .... N~M~ : aOYL~S, ~~~~, L ~~~ : 1v1-~,-.:~1 - T .. 3 LJc:l . ~.: -0 ~..:)):: 4~14 .~ ;1 TH~ FaLL~~ING I~ ~ ST~Ti~!~T ~F f~U. 'CCuu~T IN Th! CU~9~;LAND CO~NTY l:::1PLOYE::i' r,=,TIR;'h,NT "JIIl) : I:ITi:~,~H 1Y~:; ~ :546.71 ~ 9C5.73 s 43.9'3 ~ 1,,:~c.4~ oAL;hC~ J~NU_qy 1, 1,9! CU~TR::JTI~~S 1~'! oAL~r~CJ u~~~~~~J ~1, '~~Z ~,PIC! OF T"E CONT~OLL=,R IF yju I1':'V~ ;";Y )J..STrO:n. UII i;~~ 1,Hi'/li "L:AS: CC::HCT THo OFFIce of TH~ COnTdOLLi~. i: KENNETH J. BOYLES Plaintiff, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY,PENNSYLV ANIA v. . . : CMLACTION. LAW RONNA L. BOYLES Defendant. . . : NO. 94-2121 CML TERM : IN DIVORCE BRIEF IN RESPONSE TO DEFENDANT'S PETITION FOR. ALIMONY PENDENTE LITE This matter is before the Court on a. claim for alimony pendente lite of Wife. As noted by the Court at hearing, and in accordance with authority cited by Wife's counsel, current case law and Rules of Court direct that alimony pendente lite shall be calculated in the same manner as child support or spousal support - in accordance with the Support Guidelines: Amount of support, whether it be child support, spousal support or alimony pendente lite, shall be determined in accordance with SUPPORT GUIDELINES which consist of not only the grids and formula set forth in rule, but also section of rule which discusses operation of guidelines; thus, trial judge or hearing officer's discretion is not inviolate with respect to guidelines and accompanying rules. Ball v. Minnick, 538 Pa. 441, 648 A.2d 1192 (1994). Under the facts of this case, the guidelines and accompanying rules direct the calculation of wife's entitlement to alimony pendente by application ofthe formula set ,'.....-. - forth at Rule 1910.16-3. SUPPORT GUIDELINES, Pa. R.C.P. as follows: Support Guideline Computation - Spousal Support Without Dependent Children Total Gross Income Per Biweekly Pay Period Less Deductions. OBLIGOR (HUSBAND) 1,657.00 OBLIGEE (WIFE) 786.75 662.00 218.49 Net Pay Income Conversion to Monthly Amount Additional Gross Income to Husband Per 1994 Federal Tax Return Less Deductions2 Net Additional Income Conversion to Monthly Amount Total Net Monthly Income Less Obligee's Monthly Net Income Difference Multiply by 40% Amount of Monthly Spousal Support 995.00 2,156.00 3,268.00 568.00 1,281.00 379.00 2,889.00 241.00 2,397.00 (1,231.00) 1,166.00 x .40 $ 466.00 1,231.00 · Husband's and Wife's deductions are as set forth on Income and Expense Statements and Wage Stubs before the Court as Exhibits in this matter. 2 Deductions figured on gross income of $3,268 as follows: FICA @ 6.2% Medicare @ 1/45% State Income Tax @ 2.95% Local Income Tax @ 1.00% 203.00 47.00 96.00 33.00 Total Deductions 379.00 2 - I _...~^ " ~::,:--~' As set forth above, Husband's obligation for alimony pendente lite under the current case law and court rules is properly calculated at $466.00 per month. He notes that his wife's original claim for support was dropped when his wife discovered that there was no need to have a support order placed against her husband given the amount of his voluntary contribution to her support and maintenance. This is still true, as Husband is currently paying an amount in excess of his obligation for alimony pendente lite based on the guidelines. Husband presently makes direct biweekly payments to Wife each pay period in the amount of $100, or $217 converted to a monthly figure. In addition, he sends her a check each calendar quarter to cover the cost of her individual automobile insurance premium for the vehicle titled in her name which she drives. The insurance amount is $119, or $40 converted to a monthly figure. In addition to these cash payments of $257, Husband has been paying the full amount, including Wife's share, of certainjoint monthly marital obligations totalling $760 per month. One such obligation is a loan payment in the amount of $590 per month due to PNC Bank for a marital loan taken out by both parties before separation and secured against real estate owned, but not occupied, by either party. The real estate is the joint property of the parties by virtue of a gift to the couple from husband's mother who continues to occupy the premises under a reserved life tenancy. The other obligation being paid entirely by Husband is another marital debt, a loan to consolidate marital obligations, taken out by the parties in both names before separation from the Pennsylvania State Employees Credit Union. That obligation is 3 ...-. $190 per month. As admitted by Wife at the hearing, these marital debts were incurred to consolidate debts of the parties including the payoff of vehicles of both parties, and a vehicle of their son's, joint credit card debts and store charges of Wife's. It is appropriate that Husband be given credit for payment of the Wife's share of these joint expenses as support of Wife. See, e.g. Seawalt v. Muldoon. 593 A.2d 886, 406 Pa. Super. 94 (1991), and Halev v. HaleX, 379 Pa. Super. 323, 549 A.2d 1316 (credit given for support in the form of payment of $76.00 by obligor on joint obligation). Credit to Husband for Wife's share of the joint payments is especially appropriate with regard to the payment of the PNC home equity loan which is secured as a home equity loan against the real property occupied by Husband's mother. The real estate is a marital asset, owned one half by Wife as tenant by the entirety and also subject to equitable distribution under the divorce action between the parties. Wife's equity in the real estate is directly increased as the lien amount of the home equity loan secured against it is decreased by Husband's loan payments. There is a reasonable presumption that Wife is responsible for the expenses secured against the marital real estate, to the extent of her ownership interest. See Cernv v. Cernv. 440 Pa. Super. 550, _' 656 A.2d 507, 510 (1995). Here, the presumption of Wife's obligation is unclouded as there is no offset for any income or claim of rental value from the property accruing to either party. If Husband is directed to pay alimony pendente lite in the support guideline amount of $466 per month and is granted credit for his payment of Wife's half share 4 (~ ,. - of the pre-separation marital debts, or $380.00 per month, his direct obligation to Wife should reduce to $86.00 per month. Husband is willing, in the alternative that his cash payments to Wife in the amount of $257 per month continue and that he continue payment of the loan payments with $209 (the balance of his guideline obligation) of the payments credited to him as support, effective as of Wife's date of tiling for alimony pendente lite. Husband further proposes that the balance of the loan payments made on behalf of Wife, not credited to him as part of the alimony pendente lite order, should be considered as marital expenses satisfied by Husband to be taken into account as deemed appropriate by the Master, or trial court, when dividing the marital property. Smith v. Smith. 439 Pa. Super 283, _' 653 A.2d 1259, 1270 (1995). In her Brief, Wife argues that she is entitled to an acljustment from the support guidelines amount by virtue of relevant factors. The factors cited include the fact that Wife has chosen to live in housing which costs, for herself alone, $665.00 per month, while Husband is obligated by his job to live in housing which is subsidized. The cost of housing is not a factor which justifies deviation from the guideline amount. As the Explanatory Comment to the Support Guidelines set forth after Rule 1910.16-1. SUPPORT GUIDELINES, Pa.R.C.P. makes clear, the obligation for support for a child or a dependent spouse is based upon the reasonable needs of the dependent spouse and the reasonable ability of the obligor to pay. The choice of housing, especially here where Wife has no dependent children to house, is not relevant to the support claim. It is true that the other cited factor, Wife's extraordinary medical expenses, would be relevant if they were unreimbursed. However, as admitted by Wife in her 5 testimony, Wife is covered by insurance for most of her medical costs. As a covered dependent spouse under her husband's prescription insurance, she is eligible to obtain the insulin for her diabetes and other medications for minimAl co-payments. As a covered dependent spouse under her husband's major medical insurance, she is also eligible for reimbursement of 80% of the costs of her doctor visits, and other medical care, after a minimAl annual deductible is met. As a beneficiary of the generous state employee health care insurance coverage, Wife's actual unreimbursedmedical expenses are minimal. Her testimony was clear that the $100 figure for her Medical Expenses did not take into consideration the insurance reimbursement that was available to her. As neither the cost of either spouse's housing, nor the expense of reimbursed medical expenses are among the factors deemed relevant by the adopted guidelines, there are no circumstances that warrant departure in this case from the guideline amount. Ball v. Minnick, supra. Accordingly, this Court must set an alimony pendente lite order based upon the support guidelines, as calculated above, and grant credit to Husband for satisfaction of his obligation in part by virtue of his payment of Wife's share of the joint pre-separation marital debts of the parties. Respectfully submitted, Y: Andrea C. sen, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 6 ,- r;r::rP{~~~:,.qJl!:.~,~ . Law Offices O'BRIEN, BARIC cl SCHERER /7 Wesl SoullI Slreel Carlisle, Pennsy/l'allla /70/3 Sleven J. Fishman Of Counsel Robert L. O'Srlell David A. Sarlc Michael A. Scherer (7/7) 249-6873 FAX (717) 249-5755 September 29. 1995 Honorable Kevin A. Hess Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle. Pennsylvania 17013 RE: BQyles v. Boyles Dear Judge Hess: To address the legal issue raised by Ms. Jacobsen and to expedite the resolution. I offer the following cases in support of Mrs. Boyles claim. 1. Headnote 2 of Ball v. Minnick, 538 Pa. 441, 648 A.2d 1192 (1994) states: Amount of support, whether it be child support, spousal support or alimony pendente lite, shall be determined in accordance with support guidelines which consist of not only the grids and formula set forth in rule, but also section of rule which discusses operation of guidelines; thus, trial judge or hearing officer's discretion is not inviolate with respect to guidelines and accompanying rules. Rules Civ. Proc. Rules 1910. 16-2, 1910.16-3, 1910.16-5,42 Pa.C.S.A. 2. Calibeo v. Calibeo, No. 3600 Phil. 1993, May 16. 1995, reargument filed May 25.1995; states: But, since amended Rule 1910.16-1(a) requires that alimony pendente lite be determined pursuant to the support guidelines, the difference between alimony pendente lite and spousal support, no matter if it is part of the divorce action or filed separately, is negligible and now neither is appealable until all claims are resolved. Very truly yours, O'BRIEN, BARIC & SCHERER r t==: lf! Robert L. O'Brien, Esquire RLO/jc cc: File Andrea Jacobsen, Esq. rob/mi"'/he...11r 2 . DIVORCE k306 134 134VI 134k306 Custody and Support of Children Grounds for award as to support. Q . ~porter, 481-656 A.2d .1994) 648 A.2d 1192, 538 Pa. 441, Ball v. Minnick, , 134k240 134k240(1) Amount In general. .. ~, ~ ~ [See headnote text below] Amount of support, whether it be child support, spousal support or alimony pendente lite, shall be determined in accordance with support guideline. which consist of not only the grids and formula set forth in rule, but also section of rule which discusses operation of guidelines; thus, trial judge or hearing officer's discretion is not inviolate with respect to guidelines and accompanying rules. Rules Civ.Proc., Rules 1910.16-2, 1910.16-3, 1910.16-5, 42 Pa.C.S.A. 3. PARENT AND CHILD k3.3(7) 285 285k3 Support and Education of Child 285k3.3 Actions to Compel Support or Payment for Necessaries 285k3.3(7) Amount of award. Pa. 1994. Amount of support as determined from support guidelines is presumed to be appropriate amount of support, and any deviation must be based on rule governing deviations, in support proceedings involving parties whose incomes fall within guideline figures. Rules Civ.Proc., Rule 1910.16-4, 42 Pa.C.S.A. 4. PARENT AND CHILD k3.3(10) 285 285k3 Support and Education of Child 285k3.3 Actions to Compel Support or Payment for Necessaries 285k3.3(10) Review. Pa. 1994. Standard of appellate review of child support matters is abuse of discretion. 5. PARENT AND CHILD k3.3(7) 285 285k3 Support and Education of Child 285k3.3 Actions to Compel Support or Payment for Necessaries 285k3.3(7) Amount of award. Pa. 1994. Trial court should not have deviated Copyright (c) West Publishing Co. 1995 from support guidelines by ordering No claim to original U.S. Govt. works. 1995 WL 296499, Dolores Calibeo v. Joseph J. Reporter, 481-656 A.2d _ibeo, (Pa.Super. 1995) In a prior unpublished memorandum on this case, we stated that there was some confusion regarding whether the order was for alimony pendente l~e or spousal support. We concluded that the thrust of the court's action was' to grant support under the Rules, instead of in relation to the divorce action, and therefore the order was final and we considered the appeal. However, since that decision, the Pennsylvania Rules of Civil Procedure have been modified. For instance, Pa.R.C.P. 1920.76 was amended on December 2, 1994, effective March 1, 1995. This Rule sets forth the basic form of a divorce decree. The new language provides that" [a]ny existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. Similarly, Pennsylvania Rule of Civil Procedure 1920.31(d) was amended December 2, 1994, effective March 1, 1995. It states that " [u]pon entry of a decree in divorce, any existing order for s~Qusal support shall be deemed an order for alimony pendente lite if any economic claims remain pending." The Explanatory 1 Comment to Rule 1920.31 asserts that prior to the recent changes to the Rules, spousal support could not be automatically converted to alimony pendente lite. See McKeown v. McKeown, 417 Pa.Sucer. 520, 612 A.2d 1060 (1992). But, since amended Rule 1910.16-1(a) requires that alimony pendente lite be determined pursuant to the support guidelines, the difference between alimony pendente lite and spousal support, no matter if it is part of the divorce action or filed separately, is negligible and now neither is appealable until all claims are resolved. Under new Rule 1920.76 and 1920.31(dl, pre-divorce spousal support is automatically conver:ed to alimony pendente lite upon entry of a divorce decree. ----------------------- Page 1995 WL 296499 *2. follows ------------------------ Furthermore, the rules provide that an unallocated order for the support of a spollse and at least one child is a final order which would be appealable. 42 Pa.R.C.P, 1910.16(bl. This Rule serves as a child support enforcment procedure which unfortunately has become necessary in light of the deterioration of the families in our society. We note that there is no comparable language in our Rules of Civil Procedure making an order solely for spousal support final and appealable. Pursuant to 42 Pa.R.C.P. 52(cl, an amendment to a rule is applicable to cases pending on the effec:ive date of the amendment, unless our supreme court specifies otherwise. Because the amended Rules discussed above became effective while the present appeal was pending, they are applicable to the case before us. Since a divorce was entered in this case and economic claims remain to be decided, the spousal support award is automatically converted to alimony pendente lite. Therefore, this appeal is interlocutory and unappealable. Appeal quashed. FN1. Although Appellant complied with the trial court's order to file a concise statement of the matters complained of on appeal pursuant to PA.R.A.P. 1925(bl, the trial court failed to generate an opinion. Copyright (c) West Publishing Co. 1995 No claim to original U.S. Govt. works. ACTIONS FOR 5l1'PORT Rule 1910.16-1 E.planatory Comment-1993 Introduction F .d....1 .nd Itate I.w require :h. use 01 iUideUnn :0 ut.Dlilh .hUd .nd 'PDU,a! 'UPPDrt "ni..., t:'lni thl iUid.. :ir.lU promotes ,11 ,ilrmiar treatment oi ptnons sinularly mU:lted. \:!l ;1 more t!qultable distnbuuon oi the :1nandal responllbUltr for r'3ilinrf ~hi1dren. .3) jettlement rH' IUppo~ matters ""thout court tn"ol\"ment. Jnd I.U more emete", heiLMniS where ~he~' ~ neceuAl1', The Penns~'I\':llua Rulel I)! C!"i Procedurt lJo\'enun~ :1CUOM (or .suPPOrt .let (OM the gllIdeUn. lfld. .nd (Drmul. .. ",.U .. thl ..planatDI')' te.u, A. In.ome Shor.., The .hUd ,upport !ll1Id.Un.. .... oa..d ,m :h. [.,cDm. Shares ~IDd.1 d,,'elDped h)' thl CbUd 5UPPOl't GUldeiines Project 1>E' the S;1tlonal Center for State COUlU, Th. :nodel ... b.s.d .m the ide. that th. child DC tepantl:!d '>f di,oorced parenu .should l"eceh'e the jam. pro- portion "i parental income that .she ')f he would ha\'e re- .:el\"u ti :he parenu :1\"eo together. A number r)i ilUthOrita- m'p. o!conomu~ ,itudlt!s pro\,de ~stlmate. ,,( ~he a\'lrall Jmount Ili hou.~hold l!xpenditure for children in inuct hOUle- hulds, These :Studies :ihow ~hat the proportlon lJf household 'p.ndin~ d,vDted tD children... directly relattd tD the lev.l 01 hou~t!i1old in.:ome and ~o the numht!r and ilieS .l( the chil- d..n, Th. proportIon., ;et lorth ll1 Rule 1910,lli-'llb",. .... 'lJeU. ~o ~:L1culate the amount "f awuds determined bv the :'ormu1a in RUle 191O,l6-:~la'. The 3mounu f)( :fUPPOK Aet :'orth In th. .,.,ds in Rule 19[O,I6-~ .... u.nved from the :'onnuia, The studle. upon which the IncDme Sh..... ~Iod.l t. bued cOMldered households \\ith a combined net monthh' income 01 up tD ;8,000, ..wo",nll I' Dr inll.t1Dn. the model can bl applied to famllies wtth a combined net mDnthl~' income oC S10,OOO, Th. Committee h.. chos.n tD .pply the .dditlonal t!.OOO tD the obUllDr tneome ...nlle. .:cpondinlllt from S6,ooo tD ;8,000, while lea,inll the DbUll" incDme ranie unchanged. This wu uone bec3uae the amount oi support rues substan.. u:ill~' :15 obli~or'a income increases. while increase. in obUl(e8 income aba\'e 52.000 ~3U5e only minimal decrease in the amount or suppan. B. StatutorY CONld.ratlonl. The rederal statute. -12 U,S,C, I ~6;i.i. requires that the ~deUnes be re,iewed tvel'!' four )'e...., In addition, the PelUl5ylvania statute, :!3 P..C,S, I -132:, .tates that ." , , ChUd .nd spousal support slulU be awarded pursu. .nt to . Statt\\id. ~d.Une .. ..tabU.hed by general rule by the Supreme Coun. SD that pe"DM 'imilarl)' .Ituated ,h:UI be treated .imilarll', The IIUtdeUn.. sh.U be bued Ibl I( It has been determined that there Is an upDn the re"Dn.ble needs 0" the child Dr .pouse ,..king oblill'ltion to pa~' support. there .hall be a rebuttable ,upport and the ubUit)' 0" the obUllOr tD pro'ide support. presumption that the amount ot'the award detennlned In c1eterminlng the re"Dnoble n.cds oC the chUd or lpoU8. frnm the guidelines is the cOlTect amount at' .upPOrt .eekinll 'upport ""d the .bUill' 01 the obUgor tD providl to be aWlU'ded. The presumption .hall be rebutted Ii ,upport, the IlUid.lIn.s ,h:UI pl.ce pnllllUj' .mphaais DR tbe trier ot' fact makes a written 11ndlnlf. Dr a specific the net :neomes ""d ':l1'IUnll cap.eittes of the part,es, with linding on the record. that an award in the amount allow.ble oJe,iauDns rDr unusual ne.ds, .><tnDnilnlll)' ex. .letermined li'om the guidelines would be unJ'ust or peMes ""d other C.etD", .uch .. the portie" ....... .. warrant ~pecial attention." inappropriate. I, R'MDnobl. .Vttdo and R'MD"obl. .~bility to PI'OViM leI The guidelines shall be reviewed at least once S"pport. The guideUne. make f1nanc:lalsupport DC. child a el'el;' rour yell1'S to insure that their application re- pnmlll)' obUllDtiDn, They aIIume lhat porti.s WIth .imi1.sr 139 an ac. officer Ice olft. . a trial I within nands a . : I make an '~r.ailocated award in ia,'or at' the ,.pouse and one 'Jr ::1ore .hildren, or ~l state the =our.t ot' ,upport allocable to the .pou.e and the .r:10ur.t .lilocable to each .hild, Sote Sot ~3 P"C,S, , .3-I,'d\ ior .ddluDnal matt... which mUlt ":1e fpeculed in an ,reer ,i .tuPPOI"t :! arre:u'UlJ'es ofX1St when ~h. 1rder iJ fnte"Ij, , 31l).l ~t ~tennlnl lbl An unallocated order !n ial'or ot' the spouse and on. or more childre:: .hail be a :inal order as to ail .iaims covered in the 'Jrder. :\0 motion l'or post.tnai reilel may be :Ued :0 the :1nal order, Sote The procedure :'e~3.~:r.i ~J ~tot10n:l :'or Rl:!con!lder:ldon iJ :"et :',rtn in Ruil:! :&30,::. Adopted .-\pnl :::3. :~51, ~i!t!C~l\'~ .1ulr ~. 1951. .-\mended ~IW. ,:" 1988. ~i!ec~:'.'l ;ar.. :. 19S~: ~~pt,~. 1~S9, l!iCect1\'e Oct, :. 19~9: ~tare:'. ,;0. :;19.&. li!i:'l!c~t\'e July 1. 1994. E.planatol'!' Comment-1991 The decision to .u:OC:1tl! 3. JUppOI"t order h:u feder'31 income ~a.' ':onsequencH ar.:i .ir. o!:':'ec~ :.apon :!uol!equent modiftc3uon ,11' an l)rner, ,.1J1ocauon 1)( an '~ro:e:'. J.I ',\'ell a.s other factors. '.\'\.11 deter. mine '.\'hich party p.y! ':~e :eder:1l income t.3.~. .1nd t."ua :he ,u:[uai l.:o.t 1)( [h~ "Jpport ':0 me pa~'or and tht! :lmount ,u' moner a.vn1lable :0 ~~e paye~, .\llocauon ,,1' the 'Jrder per- mlu tne court to dete::-:ur.e more e:uth' wnether modille:ltlon ,,( the !,rder is \\'at:"'Jr.ti!u. . Rl'LE 1910.16-1 .UIOU:-lT OF SUPPORT. SUPPORT GUIDELINES I al The amouflt ot' .upport (child support. spousal .upport Dr allmon~' pendente lite l to be aWlU'ded pur... 'Uant to the procedures under Rules 1910.11 and 1910.12 shall be determined In accordance with the support guidelines which consist or' the guidelines e:cpressed as grids let ['orth In Rule 1910,16-2 and as a r'ormula In Rule 1910.16....:} and tbe operation Dr' tbe IlUideUnes set t'orth In Rule 1910,11;....;. Sote Ord... CDr spou.a! ,upport and :UlmDny pend.nto Ute shall not be in eaect ~lmulwteousl~'. ... . ", ,ults in the determmatlon .Jt' approp';at'e ~mounta ot' IU PPOft. .\dopttQ S.pt, oJ, 19.9, .ICeellve S.p~ ;10, 19.9, .\mlnded .,C.ctl\'e J.n, ~~, 1993, L . ~eporter, 481-656 A.2d }hy, (Pa.super. 19911 599 A.2d 647, 410 Pa.Super. 146, MUrphy v. DIVORCE k240(2) 134 134V Alimony, Allowances, and Disposition of Property 134k230 Permanent Alimony 134k240 Amount 134k240(2) Facts affecting or controlling amount. ... ,.,- Pa.Super. 1991." In the context of determining amount of alimony or alimony pendente lite, proper employment of judicial discretion includes the mandate to apply the Divorce Code in a compassionate and reasonable manner to effectuate the overriding goal of achieving economic justice between the parties. 6. DIVORCE k150.1(2) 134 134IV Proceedings 134IV(Ll Trial or Hearing 134k150.1 Decision and Findings by Referee or Master 134k150.1(2) Operation and effect. Pa.Super. 1991. Although master's report with respect to alimony or alimony pendente lite is entitled to brief consideration, trial court is not bound by it. 7. APPEAL AND ERROR k616(11 30 30X 30X(Gl 30k616 30k616(1) Certification Referred To, or Annexed Record Authentication and Papers Included, In general. Pa.Super. 1991. Appellate court may consider only facts which have been duly certified in the record, and a paper does not become part of the certified record simply by copying it and placing it in the reproduced record. 8. DIVORCE k215 134 134V Alimony, Allowances, and Disposition of Property 134k20a Temporary Alimony 134k215 Amount. Pa.Super. 1991. Husband did not demonstrate that trial court erred in ordering alimony pendente lite in the amount of $770 per month. Copyright (c) West Publishing Co. 1995 No claim to original U.S. Govt. works. (.., ,_..,- ...-.' . ...... ~ JACOBSEN & MILKES S2 East High Street Carlisle, P A 17013-3085 , . ( ; -.. .~:. Samuel W. Mllkcs Andrea C. Jacobsen , April 26, 1995 Tel 717 249-6427 Fax 717 249-8427 William C. Vohs, Esquire HANFT &VOHS 11 West Pomfret Street Carlisle, PA 17013 Re: Boyles u. Boyles Dear Mr. Vohs: j~~." !~;... .. .,;. :..:... . Thank you for your letter of April 19th. I will request an appraisal of Mr. Boyles' pension and am pleased to hear that you will request one for your client. You state that you are not aware of all the marital assets. Let me know if you wish specific information regarding marital assets and I will try to obtain it for you. With regard to your disinclination to offer a settlement proposal, please recall that if you seek a Master, both parties will be directed to file pre-trial statements including lists of assets and proposals for distribution. I suggest we move this matter forward by exchanging such statements voluntarily within 10 days after the pension appraisals are exchanged. But, for your present information, it is my expectation that my client will propose a frl'ty-frl'ty distribution of marital assets and debts, with credit for payments made on the marital debts post separation, and with no alimony or costs to either party. "I:~ 'r~ ,~ ';".~\ I~ I look forward to hearing from you. Thank you. Sincerely, ACJ\me (corr)0426vohs.boy cc: Kenneth J. Boyles Ju:cJ & MILKES BY, And"~b'en , " .-'. .--..-.'.-.-.. ( HANFT & VORS AnORNEYS Io.T LAW 11 WEST POMFRET STREET, SUITE 2 CARLISLE, PA 1701:3 MICHAEL J. H....NFT WILLI....M C. VOHS (717) 249-5:373 fAX (717) 249.04:17 April 19, 1995 Andrea C. Jacobsen, Esquire JACOBSEN & MILKES 52 East High street carlisle, PA 17013 Re: Boyles v. Boyles RECEIVED APR 2 4 1995 Dear Ms. Jacobsen: This letter is in response to your letter_dated March 28, 1995, regarding the cost of having Mr. & Mrs. Boyles retirement funds appraised. My client is willing to pay to have her pension appraised. Is your client willing to pay to have his pension appraised? I would agree to use Pension Appraisers in Allentown, Pennsylvania. Their telephone number is 1-800-447-0084. If you will agree to use these appraisers and have Mr. Boyles pension and retirement funds appraised, I am certainly in a position to have Mrs. Boyles funds appraised. As to your request that Mrs. Boyles prepare a proposal, please recall that your client is the one pursuing the divorce. My client is not aware of all the marital assets nor the value of such assets, therefore, a more prudent course would be for you to forward your clients proposal to me and I will review it with my client. Should I not receive that proposal within thirty (30) days, I am going to advise my client to proceed to the Master. Very truly yours, HANFT VOHS Wi WCV:car cc: Ronna Boyles ~WCWM:OIICIN'I' ,.:... ...~,..~,.." ::.~.',.- ......-: . ( JACOBSEN & l'vfTT .KF.S ' 52 East Hlgb. Street Carlisle. P A 17013-3085 t . . Samuel W. Milkcs Andrea C. Jacobsen Tel 717 249-6427 Fax 717 249-8427 March 28. 1995 " '. ' " William C. V oha, Esquire SAIDIS, GUIDO, SHUFF & MASLAND 26 West High Street P. O. Box 560 Carlisle, PA 17013 Re: Boyles u. Boyles Dear Mr. Vohs: Thank you for your recent correspondence regarding this matter. As I have indicated in the past, we remain open to any proposal on your part for settlement of this case. In any event, I think that the major issue to be determined is the value of Mr. and Mrs. Boyles' retirement fund. Will you agree to share the expense of an appraisal of the value of the coverture share and stipulate as to the rmding? Please let me know. Thank you. Sincerely, SEN & MILKES ea C. acobsen ACJ\gmm (corr)0328vohs.boy '. , , INCOME AND EXPENSE STATEMENT OF Name: Kenneth Boyles SSN: 210-40-4957 OR# Dale: 9/29/95 THIS STATEMENT MUST BE FILLED OUT (If you ara la"-employed or If you are lalarled by e buslnesl of which you are owner In whole or In part. you mUlt allo nil out the Supplementellncome Statement which appears on the last pege of thlllncome and Expenle Statement) INCOME (a) Wage/Salary Employer & Address: Comm of PA, Oept Conserv. & Nat. Resources PO Box 8551, Harrisburg, PA Job TlUelDesctlpllon: Park Manager Pay Period (weekly, bl-weekly, monthly): BI-weekly BI-weekly Gross Pay per Pay Period Payroll Oeductlons: Federal WIthholding Social Security Local Wage Tax Stste Income Tax Retlrament Health Insurance other (specify) main!. House Fee Ufe Ins. Net Pay per Pay Period S 1 858,75 S 289,31 S 11783 S 1540 S 4313 S 82 84 S 189 S 131,50 S S 995,05 (b) other Income Week InterestlOlvldends $ Pension/Annuity $ Social Security $ RentsIRoyaltles $ Expense Account $ Gifts $ Unomployment Ccmpensatlon $ Workmen's Compensation S Instructing - 2nd Job Avg 1994 Varies Yearly or monthly by demand TOlal, Other Income $ Month $ $ $ $ $ $ $ S Year $ $ $ $ $ $ $ S $ 3,268.00 $ $ 3,268.00 INCOME ANO EXPENSE STATEMENT OF Kenneth Boyles I WIrily that the llIatementa made In thls Income end Expense Statement are true and correct. I undl1ltand that raise llIatements hereln are made oubjecl to !he penaltlll or 18 Pa,C,S, 4904 relating to unsworn falalllcatlon to --- Oate: q-2q-q~ Rcsp($ t....;".....', Household Child Household Child Week Week Month Month EXPENSES Home Mortgege/Rent $ $ $ $ Maintenance $ $ $ $ Utilities (telephone, heating $ $ $ 50.00 $ electric, etc.) Employment (transportation, $ $ $ 40.00 $ lunches) Taxes Real Estate $ $ $ $ Personal Property $ $ $ 33.08 $ Income $ $ $ $ Insurance Homeowners $ $ $ 8.30 $ Automobile $ $ $ 129.00 $ Ufe-AccldenllHealth $ $ $ 37,32 $ Other $ $ $ $ Automobile (payments, fuel, rapalrs) $ $ $ 100,00 $ Medical Doctor, Dentist, Orthodontist $ $ $ 6.00 $ Hospital $ $ $ Special (glasses, braces, etc.) $ $ $ $ Education Private, parochial school $ $ $ $ College and other expenses for sons $ $ $ 250.00 $ Personal Clothing $ $ $ 75.00 $ Food $ $ $ 300,00 $ Other (household supplies, barber, etc.) $ $ $ 50.00 $ Credit payments and loans $ $ $ 760.00 $ Miscellaneous Household help/chlldcare $ $ $ $ Entertainment (Inc. papers. $ $ $ 15.00 $ books, vacation, pay TV, etc.) GIfts/Charitable contributions church $ $ $ 40.00 $ Legal Fees $ $ $ 15.00 $ Other child support/alimony pmts $ $ $ 257,00 $ Other (specify) $ $ $ $ Total Expenses $ $ $ 2,185,70 $ - PROPERTY OWNED De.crlptlon H w Value Checking Accounts PSECU 300 X Savings Accounts PSECU 4200 X Credit Union $ $ $ $ $ House subject to Ufe Estate of M 83.000 $ $ $ $ Stockslbonds Real Estate Other Total, Property INSURANCE Company Polley No H Hospital Blue Cross X Medical Blue Shield X Health/Accfdent Disability Income other (dental, etc.) Delta Dental, Paid Prescrfptlon X (*H.Husband, W-W1fe, J-Jolnt. C-Chlld) SUPPLEMENTAL INCOME STATEMENT A. This fonn must be filled out by a person who (check one): (1) operates a business or practices a profession: or (2) Is a member of a partnership or Joint ventura; or (3) Is a sharaholder In and Is salaried by a closed corporation or similar entity w X X X r~..~"""'."""" J X C X X X B. Attach to this statement a copy of the following documents ralatlng to the business, profession, partnership, Joint ventura, corporation or similar entity. (1) the most racant Federal Income Tax Retum, and (2) the most recant Profit and Loss Statement. C. Name and Addrass of business: Telephone Number: D. Name and Addrass Qf different than C) of accountant, controller or other person In charge of financial racords: E. (1) Annual Income from business: $ (2) How often Is Income recalved? $ (3) Gross Income per pay period $ (4) Net Income per pay period $ (5) Specific deductions If any $ !JIltI! . COSTS FOR JARRETT DATE 12123/93 t/10194 1/26/94 1130/94 2/12194 1219/94 7/21/94 10I2~194 10/27/94 1t/21/94 1/1319~ 3/2119~ 313l/95 6/6/9~ TOTAL PAYEE MILLI:RS 8ARBARA MILLERS MILLERS KOUGH ENGINE RPR MILLER HACC VARSllYVW JARRETT VARSllY VW V ARSllY VW JARRETT JARRETT JARRE'IT PERRY HEALTH AMT CHK NO, "J 10,17 7.2~ 7.2~ 1698.45 10.17 1326.00 47.81 3~.00 95.~6 27~.44 115,00 90,00 90,00 3~,OO 2643.10 126 149 m 144 190 464 340 413 416 443 499 570 ~78 638/639 R-o_~~'S ~x 3 . ~UL. UtRRIRu ~1^lt rAK~ (' - ~ Al NU. II '/'('/64640 (' f~'~~r"'~., ~,r.:'f.,""::.~r P.02 PAYMENTS fOR JEFfREY DATE PAYEE AMT CKNO 6124/94 CENTRE TIMES 25.00 313 7/26/94 JEfF 50.00 348 8/17/94 JEFf 200.00 364 8f27/94 JEfF 500,00 370 11/9/94 JEfF 500.00 434 t Jlt9/94 JEFF ~O.OO 44t 12/16194 KUStC 23.36 470 2/8/95 JEFF 100.00 530 2/t 7/95 JEFF 100,00 535 3/20195 JEFF 75.00 571 4120195 JEFF 50.00 596 513 t/95 JEfF 225.00 631 7/24/95 CENTRE HOSP 60,00 685 7/25/95 FARLING 130.18 694 8/2/95 FARLING 125.08 697 TOTAL 24tJ.62 .'- ,~"', SE22'i3-95;,~ri[~~~3~":~~-:C'Ot'.;~ DEHlIRli' smi.'p AiK' '-......!.iiHO:-,7l77.7646i~':':',~_.;...:C ," c.,.. . , -r----"~~..~ ,. . D 0" ",... t;: ,".;' .' It. I.. ~. . a ~~. '," " . " .... MARITAL ASSETS " , '1'" ... QUANT DESCRlPTION AOE 1 SOFA 3 2 RJ!CLlNERS 3 1 ~3YR.OLDTV 3 1 WATERBED 8 2, DRESSERS 30 ASST COOKWARE 20 L REFRlOERATOR. I' 1 DR.YER. l' 1 WASHER. ., ~ST SHEErS 6 ASST TOWELS 6+ 2 LAMPS, 10 I KITCHEN TABLE l' 2 KITCHEN CHAIRS 1.5 t CHINA CLOSbT 2$ 2 DRESSERS 2$+ 8 PC DINNER SET 10 ".':!~, '. :.... ., '...-.... ,.,e ..,.. ..... " " " '" "j ,i!-\', ..'''' ,of?! 'A'q .p,:! ..;i':.. . .... . :iI'-' .;, ....~ . :;"". ,\:0:1 '.c~J'i ~." .....\~ "'. ", :".t ....,.. I. ..... . . "......~..~... .."..... .1,.' .... ";".lo. , . . _ .'M...... ;:"J' ~Q9\r 5 f/f " ".:i' - .r... ....... .O!":'.".; ...... .~~.#~ 'q '~. :-r.ar;:"',"':" , ': ~ '..' . ..... " ./.~. .'~ ,~Jj~ ". '\~\. ',.. '. ~;:.'. .;~~~ ;...... ..... ..., ./.'! :- " , .';. ....... ". .. .:~.. . ."~. .. , ~i~'.'''.: ... .... . ..:...I. \;.~~~~, " ...."-4..; '''tl:;;:' ,....:.... .' ...i...... ., ..c':.-;~~.~~~.."A....~~..~., .. .................:::J.:.r:"'_. ... ........ . .......,.~..:;.'l.."";;;J. . t... . '.;'.I~' ~~:.;,~~ r.",; ;l~":..:;::;.;j...> !.:,:- .'. . ;.... ...: ~~ .~..~~~~~~, ~. . . . .... ..~ .. ~ "'-'" ... '.1 "". ,. :. . 1'-" ';' ",,':..'. ,. en .0: iii :c ..:l en I': p..;; ~1iI ..., . a: - .0: Eo< 0 ZEo< 1':>< en 5 '" OZ IiIZ iii ..:l..:l t; - zo . :S ~P.o: o:c ..:l en IHIiI ~ l';! OH HH ><.... iii'" >u ::J ~ ~ oUz '" Eo<..:l 0.... ..:l~ ZHI': .... ~ e ~ uo.o: H.o: IQ..... ><Ill OUO E u 1<<Z~ Eo< . ... . 0'0 H > ~ ~ ~ z: iiiI': I-) ~ IQ~ Eo<....H ~ 0.0: >< p..o > Ql UNO :5 ca ~ ..:len ..... ~ ......1<< :I: III .0:.... .0:.... 5 ~ Eo< I': Z Eo< ZQl NZ $ I': iii Z Eo<.... ZJ:l ..:lIH E2 :: ~ plQlIl Z1<< 1iIp.. .0:11I 0 H'<l' "" o:C p.. OH Z I': >0\ b uP ZP: Z H U III IiIIQ U . iii 1<< 1<< :<: 0 :1:0 iii Z Eo< 0 Z H . . . KENNETH J. BOYLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2121 CIVIL TERM IN DIVORCE , Iv. RONNA BOYLES, Defendant DEPEND~/PETITIONBR'S BRIBP POR ALIMONY INCOME ANALYSIS: i I. I I Kenneth Boyles Gross Pay Social Sec. Local Wage State Wage Health Ins. Retirement $1656.75 x 26 .. $43,075.50 $ 117.84 x 26 .. $ 3,063.58 $ 15.40 x 26 .. $ 400.40 $ 43.13 x 26 .. $ 1,121.38 $ 1.69 x 26 .. $ 43.94 $ 82.84 x 26 .. $ 2.153.84 $ 6,783.14 I 'I " " I , , Net Pay Exclusive of Federal Income Tax $36,292.36 In 1994, Mr. Boyles reported $30,162.71 as his taxable I! income and paid $4,526.00 in federal income tax which amounted to i 15% of his taxable income. He received a refund of $2,099.39 'I I' from the IRS on his 1994 tax return. He utilized Head of i Household $5,600.00 and one exemption of $2,450.00 to arrive at ihis taxable income. His 1995 gross pay of $43,075.50 will be , reduced by his retirement contribution of $2,153.84 and his gross taxable income for 1995 will be $40,921.70. utilizing the 1994 ,deductions ($5,600 + $2,450 .. $8,050) will give him a taxable income of $40,921 - $8,050 .. $32,871 and a tax liability of $4,930, Accordingly, Mr. Boyles' net income will be: ". $36,292.36 - 4.930.00 $31,362.00 $31,362 + 12 - $2,613 monthly. In addition, Mr. Boyles earned, but apparently did not report to the IRS $3,268 in 1994 as an instructor which averaged $272 monthly. $2,613.00 + 272.00 $2,885.00 I I Other ! I I I , I Faree. Total monthly income. relevant factors: Mr. Boyles resides with his paramour, Sharon Barrick Ms. Faree was employed as a dispatcher with County 1) I Control at $9.37 per hour. In addition, she earned income as an EMT. She resigned county employment on September 2,1 995 and it is assumed that she took other employment. It is believed that IMs. Faree worked and continues to work with Company 47 of Newville, PA., as an EMT. Ms. Faree arguably contributes to the household expenses. 2) Mr. Boyles pays $285.00 a month to the State for his . housing. The housing consists of a 10-room spacious home and includes all utilities such as heating, electricity, as well as ; all maintenance on the home. The only utility expense paid by ,i M i r. Boyles is for his private phone line. Mr. Boyles is also provided a state motor vehicle for his job-related activities. : The benefit of the subsidized housing and all utilities alone amounts to substantial tax free income. It is suggested that the housing has an equivalent value of $1,285 a month. I".......q, 3) Mrs. Boyles has extraordinary medical expenses due to her diabetic condition. In addition, she has regular prescription expenses for depression resulting from her husband's decision to end the marriage. Mrs. Boyles was just notified of a rent increase to I 4) ,I '! $440 per month. 11$225.00, amounts to $665.00 a month. :1 I; : I net monthly income. 'i I put her out of her home of some 20 years, warrants a deviation II from the guidelines. ;; 5) The application of the above factors warrant a The rent, along with her utilities expense of This amounts to 53\ of her Given the fact that it was her husband who i ,deviation from the support guidelines to increase the support !: 'obligation to Mrs. Boyles. 'I ': " " II. Ronna Boyles I, Mrs. Boyles earns $10.49 per hour and the sum of $786.75 '! biweekly. , Gross Pay $ 786.75 x 26 = $20,455.50 I! Social Sec. $ 60.19 x 26 - $ 1,564.94 Local Wage $ 7.87 x 26 = $ 204.62 State Wage $ 22.03 x 26 = $ 572.78 U.C. $ .87 x 26 = $ 22.62 Retirement $ 39.34 x 26 - S 1. 022.84 $ 3,387.80 Net Pay Exclusive of Federal Income Tax $17,067.70 $20,455.50 - $1,022.84 (Ret) .. $19,432.66 (Gross Taxable Income) Mrs. Boyles paid $1,819 on taxable income of $12,131.52 in 1994 or 15\ tax rate. Utilizing the same deduction of $6,250 used in 1994 and $19,432.66 - $6,250 a $13,182.66 X 15\ - $1,977.39. Fed Tax $17,067.70 - 1.977.39 $15,090.31 + 12 - $1,257.22 monthly III. CONCLUSION: Spousal support pursuant to guidelines: II II it !l II I ! Husband's income Wife's income Net Difference $2,885.00 $1. 257.00 $1,628.00 x .40 $ 651.20 Adjustment for relevant factors $149.80 Proposed spousal support and alimony pendente lite of 11$800 monthly. From this amount, Wife will pay one-half of the CCNB loan which would amount to $290 a month. Wife also requests that the Court recognize that, since the parties' separation, she has in fact been receiving a reduced spousal support payment to offset husband's argument of credit for payment of joint debts in the context of equitable distribution in the divorce action. Respectfully sUbmitted, O'BRIEN, BARIC & SCHERER BY: ---:j2D6 tW-' Robert L. O'Brien, Esquire Attorney for Defendant I.D. 1# 28351 17 West South Street Carlisle, PA., 17013 (717) 249-6873 I I. , I, ;1 I' ATTACHMENT 1994 INCOHB ANALYSIS Kenneth Boyles: Gross Taxable Income (per tax return) Federal Tax (actual liability) Social Sec. & Medicare 7.65\ Local Wage 1.0\ State Wage 2.8\ Net Income Net Monthly Income Ronna Boyles: Gross Taxable Income (per tax return) Federal Tax (actual liability) Social Sec. & Medicare 7.65\ Local Wage 1.0\ State Wage 2.8\ II , I II SUPPORT OBLIGATION , Net Income Net Monthly Income $2,442.00 -1. 204.00 $1,238.00 x .4 $495.20 " il , , ,I '! ! I i I , i " Ii :1 , " ;; $38,212.7l $ 4,526.00 $ 2,923.00 $ 382.00 $ 1. 069.00 $ 8,900.00 $29,312.00 $ 2,442.00 $18,381.00 $ 1,819.80 $ 1,406.00 $ 183.00 $ 514.00 $ 3,922.00 $14,459.00 $ 1,204.00 .. 1\ \, ATTACHMENT 1"5 I8COMB ANALYSIS Kenneth Boyles: Gross Taxable Income (reduced by ret.) $40,921.70 Federal Tax (estimated liability) Social Sec. & Medicare Local Wage State Wage Health Ins. $ 4,930.00 $ 3,063.00 $ 400.00 $ 1,121.00 $ 43.00 $ 9,557.00 $31,364.00 $ 2,613.00 Net Income Net Monthly Income Ronna Boyles: Gross Taxable Income (reduced by ret.) $19,432.00 I 'I II :1 II 'i Federal Tax (estimated liability) Social Sec. & Medicare Local Wage State Wage UC Net Income Net Monthly Income $ 1,977.00 $ 1,564.00 $ 204.00 $ 572.00 S 22.00 $ 4,339.00 $15,093.00 $ 1,257.00 1 SUPPORT OBLIGATION II " :j ,I Husband Additiona income $2,613.00 + 272.00 $2,885.00 $1. 257.00 $1,628.00 x .40 $ 651. 20 I 1 ! ,I 'I Ii Wife I " I .. " ., ,. , , , I COUNTY OF CUMBERLAND CARLISLE, PA. , I PAY ONi1(DVICE Or- DEF'OSIT - VOID*VOID I NtlT N[~GOn"'Bf-E VOID*VOID ! TO :!.';>t'-4:<l-9831 I THE rmNNA L BOYLES . ORDER 19429 FRY LOOP AVENUE OF CARLIRLE:, p'A 170:1.3 NOT VALID AFTER &0 DAYS W No.Ol0373 " I I , i . I . , I "Y"OLL ACCOUNT FARMeRS TRUST COMPANY CARUILI, PINNA. , '-'OATE----r'--'-AMQUNT 109/22.'9:5 -**368.26 -., : I : I I . , "..--.--.-- -..- '--'--,-- -- --.-..... , . ! i , I ..i/ I i . I I I I '. PSEClJ 0191429831 568.26 11'0 ~o :I? :Ill' l:o:l1.3o..? 201: II' 3'''00'' 3811' -- . -- - ---------------. --- --------- --------------- RATE , EARICIHGs.' : DEDUCilONS oesc ....l"jFlRENT YEAR TI",; CA TE ...E::.... I."URRENT YEAR TO OA Te 75.00 10.49 REGUL 786.7:5 3147.00 RETNT 39.34 :587.47 .50 COMPE FIT 88.19 1291.45 5.50 COMPT FITLG SIJT 22.03 328.97 UC .87 12.96 FICA 48.78 728.44 r-ICAM :1.L4f, 1.70..38 EI76 7.07 11. 7.:51. OF'T1 10.00 I \ 1 , t I I TOT..L 786.75 3147.00 PM:lTJ9IiOUatt. .:. 0tEDI NtJamDJ '09/16/95 09/22/95 000:l0373 . . . ~ . ~5Il:tJRfTT HUIIBDr . NET"PAY" PB3004 191-42-9831 568.26 RONNA 13.04 TOT':'L L BOYLES VACAT = 218.49 3247.18 PERS = PROBATION SICI( = 27.54 '.' " Hcusehold Week Child Week Hcusehclcl Mcnth Child Mcnt:h _.--~ ~.................. $ ~.................... $ 440.00 . .' utilities 185.00 '1'el~................ $ 1lea.t.i.Jl::J.................. $ Elec:t:r'ic. . . . . . . . . . . . . . . .. $ Dployment (transportation and elec:t:r'ic).............. $ Taxes Real Estat:e.................... $ Personal ~.............. $ Irx::cI:De.. . . .. . . . . . . . . . . . . . .. . . .. $ 21.00 Insurance ~.....................$ A1..1t:aDc:i)i1e..................... $ Life,lAcx:ident;Hea1th. . . . . . . . . .. $ ot:l1er........ . .. .. . .. ... ... . ... $ 4.25 39.91 A1..1t:aDc:i)ile (payments, fuel, (repaiJ:s) . .. . . . . . . . . . . . . . . . . . .. $ 85.00 Medical Dcct:or, Dentist, ort:hodonti.st.. $ lfclEipibl........................ $ Special (glasses, braces, etc.) $ 100.00 Education Private, Parochial SChool...... $ OJlle;e. . . . . . . . . . . . . . . . . . . . . . .. $ Personal Clot:l1i.rg....................... $ Fcx:x:l. . . . . . . . . . . . . . . . . . . . . . . . . .. $ ot:l1er (hcusehold SI.lI;Plies, M""er, etc.)................ $ Credit payments and loans...... $ 25.00 300.00 45.00 300.00 Miscellaneous HaJsehold help/child care...... $ Entertainment (inc. papers books, vacation, pay TV, etc) $ Gifts/charitable contrib.ltions I.e:1al Fees..................... $ ot:l1er child supportjaliloony payments. . . . . . . . . . . . . . . . . . ... $ 75.00 415.00 ot:l1er (S);)E!C:i.fy')...................... $ TOtal ~....................... $ 2035.16 I " OIpanm,n, oC lh. Tr...ury-Inwrnal Rev.nu. StrI'\'ICW' ~ Income Tax Return for 51nlle and ...040EZ Joint Filers With No Dependents III 1994 , Use the IRS label IS... page 12,1 Oth.rwi.e, pl.... print. L P""I 'tow nam. li,tS'. 'nlholl. l.,n A B . It .1jOlnl '1Iur". tlr1n' 'DOUMa name II,"". ,nllial. ',ntl L H II "'Q"'.aalSr''''"\j~Ctt'~nQll'Htll1vou''a~-.aPO tOI '"o.1Q'1'Z. Ar:H.no. R e OMS No, llWlI-Cl6;~ Your _Ialooecurlty Dumber ,. I q I f~ 'I V :, J Spouse's _Ial oecurlty Dumber C.t\' ::w" at '011 c!fc.. SI.1I..1:'od ZIP ClXI' 'I yOU "..... iI !OfflQf1.adtHI. IN Q1QI12. See Instructions on back nnd in Form 1040EZ booklet. Presidential Note: Chi~lt;n~ -lot''' ~ 1l',II 'lOt chanJlt .\'Our tax ",. n.-dIH'l' .\'tlllr ",imd. y. ~ Election Do you w.nt 53 to ~o to this fund? ~ CampallR ISee paRe 12,) If Q joint return. doe~ ....our l'Ipnll~e \\'l1nt $3 to i!O to lhitl fund? .. Income 1 Total wnge., ..Ianes. .nd tips, This Attach should b. shown in box I of your I ~ ~ t~ I I Copy B 0' W.2 form,sl, Attach vour W.2 formlsl, 1 , Form... W.2 here. 2 TlI.uble interest income of $400 or less, If the total is 3 7 Lf / Enclose. but o"er 5400, YOU cannot use Form 1040EZ, 2 do not aU4ch. , any payment 3 Add lines I and 2, This is >'our adjusted gross income. with your If Ie.. than 59,000. see pa~e 15 to find out if you can I ~ 3 8 / 5'2- return. claim tho e.rned income credit on line ;, 3 Note: You } 4 Can your parents lor someone t!lscl claim you on their return? mud check Ves. Do worksheet X No. If single. enter 6,250,00, ~ ()(j Ye. or ,Yo, nn back: ~nter If married. enter 11.250,00, 2 51> amount from For :n expl.n.tion of these Iioe G here, amounts, ;ee b.ck of fonn, 4 5 Subtrnct line 4 from line 3, If line 4 is lar~er than / ~ I j / 52 line J, enter 0, This is Your taxable Income. ~ 5 Payments 6 Enter your Federal income tax withheld from box 2 of J.. J I 0 ).. <6 and tax Your W.2 formlsl, 6 . 7 Earned income credit tsee pa~e 15 I. Ent.r type and .mount of nontaxable earn.d income below. 0 0 0 0 () 7 8 Add line. 6 and ; I don't include nontaxable earned ) I I 0 ~~ incom... These are your total payment.. 8 9 Tw<. Use the amount on line 5 to find your tax in the tax table on pages 28-32 of the booklet. Then. enter the I CJ I 9 0 D tax from the table on this line, 9 Refund 10 If line 8 is larger th.n line 9, subtract line 9 from line 8, ).9 ( ~ or 1- This i. vour refund. 10 amount , you U If line 9 i. lar~er than lin. 8. .uhtrnct line 8 from line 9, This i. the amount you owe. Se. page 20 for details on owe how to PO\' and what to write on \'oUr pu\'ment. 11 SIgn [ have read tbls retura, Uader penalties of perjury. I declare tbat to the r be.t 0' my Imowledge and beller. the return i. true. correct, and accurately your ' II all amounts an so es 01 income I received dunnR the tax year. return y r SltPl SptltHI~'~ lil""aturo If jotnt return Date Spou~e'~ occupa.tlon For PriVDCY Act and Paperwork Reduction Act Notice. ~el! pURe 4. C.n. So. 11329W Form 1D4DEZ (1994) ~l"l,,_ INCOME AND EXPENSE STATEMENT OF {,€:Y\"" ",\,y.. ~Oo.t LE. S . SSN '2\0 .~.U.~~LOAf - .. " \ I l I I I , OATE 9- \C\ ~C\~ THIS STATEMENT MUST BE FlL1.ED OUT (II you are seU.employed ot II you are salaried by a DUlliness of whIch you are cwner In whole or In ;lan, you musI also till out the SlIpplementllllncame Slalemont whlctl lIllpllars on the last page 01 this Income Incl Expense Slalem.nt.l ?()~ %~S \ ~~ ~ \~flG- <1>". INCOME lal Wages/Salary ..l Employer & Address \,.;,0",-""" 0 \'= ~ . Job Tllle/Oescrlpllon ~ ~~~:se~:: ~:re;~~yp;:;~~~~~{~~.~~~.~......~~~::~.....~......_..........._..__..................... ~ P.yroll Deductions: . ~ \ Federal WithholalnQ ..................$ 02 (.A , '1 ~ Social Stcurily ...........................$ II; 'c.l.!(3 I c.,S'lD' ~ H"l l..ocal Wago Tax ..........................$...J 0 ~., ~,~,), Slall! Income Tall .......................$ I \ 0 " .10:" ,L "l;) 'A'O Rdllrement ..................................$ ~ -;;I . , Health Insurance ........................$ . q ,,"1- o.'z,\' Other (specllYl .~lI:f:r.............s_~\. .,).01 \~w.€' .~.~...............$ -:-- .........................$ , ~ o.s Net Pay pet Pay Perlee: ........................................................................................................................ $ , \ GClI'l ~~~ ~y$\.\". (bl Othet Income Week Monlh . Interest/Olviclenos ......................$ $ Per\$lonlAnnulty .........................$ $ SocIal Security ...........................$ ~ RentslRoyallles ..........................$ $ Expense ACCount .......................$ $ GIlts ............................_...............$ $ Unemployment Compenoallon .$_ $ Workmen's Compenllalion ........$ $ 1 NSi~$(..\'..:x:,. - Z"~ .\o~ - A-~<.. \o,<\~ -(.)t\1l.\i,S ~eHL~ Tolal, Other Income .......................$ oa.. mGn'''''~ l.,/ $9 Et1\ to 1'(0 . '. INCOM! AND EXPENsl! STATEMI!NT OF v.. ~",wrn~ ~~ L.e~ I..rily IhallhG ........,.n'. _In Ihla 1_ &nCIl!arI.nlOlillw- mall ill UUI and COrtlCl.l unGlISland lhal 'alsl Slallmerlllllelotn all maal luOlecl '" lnl PlnIlUtl. at 18;o..c.s. ~...una 10 un.wom 'al.,UGlllon 10 ',,"hG""'.. V S D..e: lO:\,-,q.Q5 .....,.. at .'.na"", '. .. ..--. $ $ $ $ $ S s $ s 1l'2..f>"'t ~~~ '2. \ '" Year o o o <:) o o o C 30ZGl e,() 0 .!',.:JfoR.()c') UN .... IRa .-. 0--., piMN pnnl '" rypo, Check the box for your filing , status Is.. PIll. 17,1 Choek only _ llol, Figure your exemptIons Is.. PIll. 20,1 II more lh&n ...... "-'<Ion'" _ __ 23. Figure your total income A_ Copy a 01 ,.., Fanno W.2 _ l-'A ......, II you diWl, g... W'2, _ _ 25, Enc:IoM, bu' do noe anacn. any paY"*11 WI'" your rllurn, Figure your adjusted gross income IRa u.. ~... _ 01 "_In INo IGK.. OMB No.' 1 S45000U y"", -1ICUII1Y_ ~\L :..j" : "\,(~)-, ........'. - -1\'_ -..-.. - ..... ..-, ..-.-......... ~ U.S. Individual Income Tax Return (iii, 1994 v.._____...... .... ..... L ...... CAR-RT-SORT..RDD3 A . 'UB 2J.D-lfD-lf'S7 Sa8 AJ. J . KENNETH J BOVLES R L H 'lS1~ DOUBLING GAP RD 015 S . NEWVILLE PA 17241 A c..,. . . .... no. .~ .., .. Far PnvallY Act and PapelWork Reduction Act Nolle., a.. page 4. Not.: Checking .Yes' will nOI Change your lax or reduce our refuna, Presidential EJection CampaIgn Fund (S.. page 17,) Do you want $3 to golo this tund? . . . . . , . , If a oint return. does our spOuse want $3 to 0 to this tund? 1 0 Single 2 0 Married tiling Joint return (even if only one had Income) 3 0 Married tiling separate return, Enter spouse's social security number above and lull name here. . 4 181 Head of household (with qualifying person), (See page 18,) If the qUalifyl~ person is a child but not your dependent. enterthls child's name here.. \,~ ...,...1'1 l.. \ " ..\" 5 0 Qualifying widow(erl with dependent child (year spouse died. 19 I ), (See page 19,) .a !ill YOUR' II. "YClYt pat.", (0' sam_. ...., can CIIIm you U I o.pena.., on I1Is 01 net till }::,. 0:::-" r.tum, 00 nol CI1eck DoJl Ii&. Bu! be SUlI to cneck !hi 00. on lin. 18b on JW4' 2, 110 ~.... 8l> Oft bOs_ No. of vour C Dolllnd.nla: III CIloea 1~llllQIl '" Olll.., (41 lloponaon,'. III No. oI-..no ..'Ill,... Oft I' ~ d~MI" lOCiII ,...bGnUUP 10 IIMG In ~ OG n 111 NIme .IV... lIUhII. M.a lal n......' _ 1 MCunry numDel I'lOme 1ft '984 W 0: . lived Vrflth you V.. No )( X . d If your child didn't live with you tlut Is claimed as your dependent under a pre-1985 agreement, check here . . , . . . . . 0 e Total number of exem lions claimed. 7 Wages. salaries, tips, etc. This should be shown in box 1 of your W-2 form s . Attach Form s W-2. Sa Taxable Interest income (see page 2S). It over $400, attach Schedule 1. b Tu..xam t interest. DO NOT include on line 8a, 9 Dividends. If over $400, attach Schedule 1. 10a Total IRA distributions. 11 a Total pensions and annuities. 11 a l' 12 Unemolo men! com ensation see a e 30. 138 Social security benefits, 8b t '. lOa c; 10b 11b 13a ( , 13b . dldn'lllv. wltn you due 10 dl"ore. or ..pat.bon I... PA;. 231 Oepenoenll on de not en.er.. lDOve . Add numbtrl W .nt.,.. on Iln.. above 7 . ""Ill\ '-II :I ,) " t. , ('(' 8a -) 9 (.'1 lOb 0 l1b c..:J 12 13b (~I . .., (; ~ O. -, \ 14 ) ,). , 14 Add lines 7 through 13b (tar right column), This is your total Income. 158 Your IRA deduction see a e 34 . 15a, ' b S use's IRA deduction see oa e 34 , 15b C ' C Add lines 15a and 15b. These are our total ad ustments. 1 Sc ( ""J 10 SubtraC1l1ne 1Sc trom line 14. This is your adjusted grals Income. If less than $2S,296 and a child lived with you (less than $9.000 if a child ~) J :,J l') didn't live with au). see .Earned income Credit. on pa e 44. . 16 :J- Co" No, 11327A II 1994 Form l040A paga , '~ ~ 1994 Form 1 Q.40A PlgI 2 Unaer genallln 01 gerMY. , aeCld'e Ih;:1t 1 n.1\18 ~'ilmtnf(J It'IS fttH"rn anQ JccomoanVIMq scneaules ana stalements, ind 10 the best of my knoW1edq. ana tMtttl, lnflv ol" 'rue COUfJCf. .1no ace"" Itly h" 0111 o1mounlt dnd sources 01 Income I recetYeQ QUlrno Ih, Ila Yilt. OeclalallQn a. preoa,. (Ofher than lhe 100Ipa",,,'l" DolS.~UIt-II11 M\li.u~1 I ",nlCon Ul., 0'.0.1'''' n.lI.1nv ..now!4tdgtt. ... Your s n.lJ(;,. f) 1 031e , 13"l'IO) ~ Soouu. "9".'U'. ",o,nl '.'uon, BOTH ! 0.,. I O.llt, Figure your standard deduction, exemption amount, and taxable Income Figure you!' tax, credits, and payments If you want Ihe IRS 10 ligure your laJl:, see the Instructions ror IInl 22 on Oage 39, Figure your refund or amount you owe Sign your return Keep a copy 01 IhlS relum for your 'acaras. Paid preparer's use only Check {O You were 65 or older 0 Bhnd I Enler numblr of ,f: 0 SPOUSI was 65 or older 0 Blind boxl_ chlck_d .. b II your parent (or someone else) can claim you as a dependent. check here. , , " """""". lSb 0 c If you are married filing separately and your spouse files Form 1040 and Item,zes deducllons, see page 3B and Check here, . lSc l;J Enter the etandard deduction shown below for your filing slatus, But If you checked any box on line lSa or b, go to page 38 to find your slandard deduction, If you checked box 18c, enter .0-. · Single-$3,800 . Married IllIng Joinlly or Qualifying wldow(er)-$S,350 I Head of household-$5,600 . Marrred filing separalely-$3,175 19 Sublractline 19 from line 17, II line 19 's more than line 17. enter .0-, 20 MultiPly $2,450 bv the lotal number of exemptions claimed on line 6e. 21 Subtracl line 21 Irom line 20, II hne 21 IS more than line 20, enter .0-, Th,S is vour taxable income. . 22 '3('.\1...> J. Find the lax on the amounl on line 22, Check ,f from: !l:l Tax Table ( a es 62-671 or 0 Form 8615 Isee a Credit lor Child and dependent care expenses, Attach Schedule 2, b CredIt lor the elderly or the disabled, Attach Schedule 3, 24b Acd lines 24a ana 24b, These are' our tolal credits. Suptrac: line 24C from line 23, If line 24c 's more than line 23, enw .0., ' Aavance earned ,ncome credit oavments Irom Form W-2, Aaa lines 25 and 26, ThIS IS our lotallax. Tala/ Federal Income tax withheld, II any lax is from Formlsl 1099, check here, .. ,., b 1994 eslimaled tax payments and amount aeplied from 1993 return, C Earned income credit. If required. attach Schedule EIC (see aoe 44), Nontaxable earned Income: amount . (' I and type ~ (' . d Add lines 28a, 28b. and 28c (don't Include nontaxable earned income). These are vour total a ments. . 28d If hne 28d IS more than line 27, sublractline 27 from line 28d, This Is the amounl ou overpaid. Amount of line 29 ou wanl refunded 10 you. Amount 01 line 29 you want applied to your , 995 estimated lax. 3' II line 27 is more than line 28d, subtract line 28d from line 27. This Is the amount you owe. For details on how to pay, including what to write on your payment, see page 52, ESlimated lax penalty (see page 52), Also, include on line 32, 17, Enler the amount from line 16, 188 Do. 1Sa . . 19 20 21 22 23 24a 24a ( \.... c 25 26 27 2Sa 24C 25 26 . 27 28a U.. I', ~\ 2Sb o 28c Co 29 30 31 32 c 33 33 Your OCCUP.I~ \-\~ '. :-, 'U-"-. ~ l SpoUH" OCCUGlIQ1 Prep..,.', ~ I'gnalwl , Firm', name lOt ___O""S ~ If SlI'.emDlOv.ell ana adell'lI Check .1 stllottmPlOyed 0 EI No. ZIP eOde '994 Form 1 lWllA "An.. '2 17 ~ ~~.4 \ .- I" \ " ' 23 Lj J (., l: C', t :1 1 , ( , .. ',) ~ ll' C. G ::.l-; 29 J. (: q (\ 30 C,. 32 Preparlf'S SOC~ MCUflty no. . , LOAN OFFICER'S BREAKDOWN SHEET Name Addreu aUDOIT AlIA~ YlII TO'.....lItO'dHI.'t ~.'I~COW. I lo.."".....IIHIt....',.,_t. "",./.. 1"'C.....j,....,.. "........ I IU"'OTAI. . Dealer Encumbrance placed and varifled =r.\r-;i'.:~~:.~...1t:::.".... . IUI.TOU", I Insurance Agent contacted 1.11'1'1I0'0110 ''''WI..T AloIOu'" lo.l"'QfIlA"t.. "1"'lfrlI~I"I"'1 '. C,"..CITY IYlOIH" . eVil Insurance WaiVed 0ITI"...1lI10 I" VEHICLES Purchall Price Make & Yr, Down Payment Loan Value Ck, No. 10 !;SV/ /(hI.,VJ. 't?55Y3 I tJSrl/. L/. 1'C5[; '1!J 10S; > V/' to - /. I() ,~ Total Procee~SH' D/R Reserve/OsrSo Dlr Hold back CCNB CENTRAL FILE Ckg. 5vg. C,D:s Stock Loans Mtge. Safe Capenit Emp, Veri lied Life Ins, A & H Ins, Outside Ins. Misc. AM!":!rj/, Discount TOlal Amt. of Loan Add, Verified ,,,"" '..;->~' , IICURITV '" '\. [\ IICURITV AIUo~VIlI VA~U[ 111"1(1.1_ 1lI0. 1\.'. . vI"IC"I_ ..0.2 . . WIICII.I.AHIDUI . aUI.ToT... . . IQUITY'If lIIt..",u'.', . e..o TO'''.. . '_I I 'OTAI. OIlT "'If won.. . DISBURSEMENTS Amt. of Check Payable to: q ,?,/,3c:r; ;0.,.-'/1//') ,'''- ;; r.1/ 2& ~ ~ 077 I::;, 'It7iJJwd.wt' 7 ~ 30100 ">few 510 Ba. 'JrcCVJl,'JA,... LlR.:J J(j \A"A/ k 37//0 IA.'J ,/IIMNI( =i'1t1' ls"o Tc, full/E.iI .;)9,;l\eC' ('.. .'" D -' - oJ /11_ J fl7..> 7D1 (\J.f/U""~ 3.3~~ -=3:::jIOh/~ 1-'87 3 h 4 '87 3~ '1'1 /)A- Rate: g % For 7::J Months D.iL .Ih/I/, IS, f1 ~ Mo. Pymts $ ~..3.f A,P.R. J? COMPANY OPENING DATE HIGH SAL, TERMS LAST CHG. RATING KENNETH J. BOYLES Plaintiff, :IN THE COURT OF COMMON PLEAS OF ;CUMBERLAND COUNTY, PENNSYLVANIA v. . . : CML ACTION - LAW : ::r~ : NO. 94-2121 CIVIL 1'!MJ6 : IN DIVORCE RONNA L. BOYLES Defendant. MOTION FOR APPOINTMENT OF MASTER AND NOW comes KENNETH J. BOYLES, Plaintiff, and moves your Honorable Court to appoint a Master with respect to: issues of all marital claims, as follows: 1. Discovery is proceeding with regard to the claims for which the appointment is requested. It is not anticipated that completion of discovery will delay any proceedings in this matter. 2. The Plaintiff has appeared in this action by his attorney. Andrea C. Jacobsen, Esq. 8. The Defendant has appeared in this action by her attorney, Robert L. O'Brien, Esq. 4. The statutory grounds for Divorce are Section 8301 (c) of the Divorce Code. 5. The action is contested with the respect to the claims of: Equitable Distribution, Alimony, Alimony Pendente Lite, Costs, and Counsel Fees. _. - 6. The action does not involve complex issues of law or fact. 7. The hearing is expected to take less than one day. If ORDER AND NOW this L day of t~ \- '-' ~ \ . 1995, t :-&.~.Af ELfc..((,.l./"'-- Esq. is appointed Master with respect to Divorce, Equitable Distribution, Counsel Fees, Costs and Expenses, Alimony and Alimony Pendente Lite. BY THE COURT: ~r:.JL- J. .i,1' \'J\ . ~:. S6. \". so II ' ~n~ KENNETH J. BOYLES, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . . . v. : NO. 94-2121 CIVIL 1994 . . RONNA BOYLES, : IN DIVORCE Defendant . . PRAECIPB '1'0 THE PROTHONOTARY: Dear Mr. Welker: Please withdraw my appearance on behalf of the Defendant, Ronna Boyles, in the above-captioned action. DATE: -S..jZS!fll) HANFT & VOHS ~ By: William C. Vohs, Esquire 11 West Pomfret Street Carlisle, PA 17013 '1'0 THE PROTHONOTARY: Dear Mr. Welker: Please enter my appearance on behalf of the Defendant, Ronna Boyles, in the above-captioned action. O'BRIEN, BARIC & SCHERER DATE: ~J2L.f Jq~ / ' BY: ~ - Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 :;'., , ., '1 '.1;" " 'f~'~Wr~f~1t"'i;~~!~ ',". ';',. ~'.. -'1-~--:--r~''''''I;llV')e"~~,"" ". 'T:~;:;;j:"'t.,.. .. 'i . ,;; \A.t:"t1:,"';:'~>' >'. , '-"7 . "~:~~'~1~,- .~.. ~~,~(, t." ;~~:.~;~~~r~~;;!f~:f.:,~~:~~~!~~~/?~~~~~~.. /?f- f :"<'1' JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013-3085 Samuel W. Mllkes Andrea C. Jacobsen Tel 717 249-6427 Fax 717 249-8427 August 28, 1995 Robert E. Elicker, II Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Kenneth J. Boyles vs. Ronna L. Boyles No: 94 - 2121 In Divorce Dear Mr. Elicker: Thank you for your letter of August 9, 1995 regarding this matter. Enclosed please find a copy of a Petition for Equitable Distribution filed in the above divorce on bebalf of the Plaintiff. I will anticipate your calling for the filing of pre-trial statements in this matter. Thank you. Sincerely, BY: Andrea . Enclosure ACJ\me cc: Kenneth J. Boyles Robert L. O'Brien, Esquire corr\0828elic. boy KBNNBTH J. BOYLBS, Plaintiff/Respondent I I I I I I I I I I v RONNA BOYLES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-2121 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 29th day of September, 1995, after hearing, counsel is given ten days within which to file a memorandum with the understanding that the plaintiff/respondent will continue to make payments of $50.00 per week and payments on the car insurance as heretofore. Robert L. O'Brien, Esquire For the Petitioner/Defendant Andrea C. Jacobsen, Esquire For the Respondent/Plaintiff :bg By the Court, ./lIL . e.."t"'...... ~ /o/:J./9s' ,,}..-('. , . , , , ' ;. I L ,~Hi \~:. -;" J:')': 56. HV O~ 6 Z 130 ra. o ~ ... . ~~~ o8~ ~~~ o <Il ~ ffi ~~... U ~ ~ Z >-< \:rIl , ~) :0=: "'- ", r:J -::r ., '- W :.: 13 II ~e>: o zra. o S~ ~~ ., ~~ \3'"~ - - ,- .~::: ~,; I" .~ '1' r~1 ~ ,~~. -..~ h... -. .. ~ <,":1 ~. - ._' ..:..: .. ,~ h., ,'" ,II. .,- 'U - ;f r-J... ..~ ~ - - - 1 ~ ~ . ~ >ora. lil~ .~ i~ ~ j ~" >-<..:t. >N >-<NZ UNO >-< ...-4~f04 N U ..... .< Ne>: '''''~ ..:t >-< Cl> > >-< . U o Z I ~ ~ U ~ :S en ~ ~ ~ I ~ ~ = ~ ~ ii!i :s g (:) . > . ~~ .15 ~!:l <"" ~ o c>:: " . J !' .;:, .' , 'flt;~i>~ ....( fi.r." :f'",~''''';~~<t.~.~ . .. KENNETH J. BOYLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-2121 CIVIL TERM IN DIVORCE DR " 22247 V. RONNA L. BOYLES, Defendant O_RD~LO:F _~_O_URT AND NOW, this I;!' day of , 1995, upon No~ review of that attached Petition, this Court issues a Rule upon Respondent Kenneth J. Boyle& to show cause why a jUdgment not be entered against him in the sum of $1,200.00 for past due alimony pendente lite for the months of July, August, September and October, 1995. I-wc..,., (loG) SAID Rule-to-Show-Cause returnable~R (Ial days after service of same upon Respondent's counsel of record, Andrea Jacobsen, EsqUire. In the absence of a response by Respondent, this Rule-to- Show-Cause shall become absolute upon Petition by Robert L. O'Brien, EsqUire that no response has been filed and the Court will thereafter enter an Order directing the Prothonotary to enter jUdgment for the Defendant Ronna L. Boyles against the Plaintiff Kenneth J. Boyles in the sum of $1,200.00. BY THE COURT, ~./JIL --7---- J. ",~"~-'."""'.' .,:"c., ~,..,__....,.,. ".,.,'__,"j ......... '0". Ilov 20 [; ltJ Illi '95 , 'Il~' OFFlcr '.'t 1 Hr rr,'T","J: TAh\ CIJ"!:ERl~ilO G/jeHn PENlj,YLVAlllt '. ~!7iC'~"~'~~0,~j,H~ ._- . ~ " KENNETH J. BOYLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-2121 CIVIL TERM IN DIVORCE DR # 22247 V. RONNA L. BOYLES, Defendant PETITION REQUESTING JUDGMENT FOR ARREARAGES 1) Petitioner is Ronna L. Boyles, by her attorney, Robert L. O'Brien, Esquire. 2) Respondent is Kenneth J. Boyles, C/O Andrea Jacobsen, Esquire, 52 East High Street, Carlisle, Pennsylvania, 17013. 31 Pursuant to Pa.R.C.P. 1910.1, the obligation to pay alimony pendente lite is enforced through the Cumberland County Domestic Relations Office. 41 Petitioner represents that, as of October 31, 1995, the Respondent owes the sum of $1,200.00 for the months of July, August, September and October. This is calculated at $300.00 per month thereby giving Respondent appropriate credit for direct payments of $200.00 per month. 5) Petitioner wishes to enforce the $1,200.00 current arrearage by reducing the same to a jUdgment pursuant to Pa.R.C.P. 1910.23-1. WHEREFORE, Petitioner respectfully requests Your Honorable Court issue a RUle upon Respondent to show cause why a judgment in the sum of $1,200.00 not be entered at the direction of the Court pursuant to Pa.R.C.p. 1910.23-1(bl. ~ Respectfully submitted, O'BRIEN, BARIC & SCHERER BY: --~~ Robert L. O'Brien, Esquire Attorney for Ronna L. Boyles I.D. " 28351 17 West South Street Carlisle, PA. 17013 (7171 249-6873 fifY:-i>t--,1.'>'<l~Ha1Wl'ro I verify that the statements made in the foregoing Petition Requesting Judgment Arrearages are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 12().8~ . ROBERT L. O'BRIEN, ESQUIRE Date: November 16, 1995 I... "."'~..,~.~"'.~. _ KENNEnI J. BOYLES, PlaintifflRespondent IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AcrlON - LAW 94-2121 CIVIL TERM IN DIVORCE DR #22247 IN RE: PETITION FOR DOMESTIC RELATIONS OFFICE ENFORCEMENT vs. RONNA L. BOYLES, Defendanl/Petitioner ORDER AND NOW, this Z /- day of November, 1995, a rule is issued on the plaintiff/respondent to show cause why the requested relief ought not to be granted. This rule returnable ten (10) days after service. BY TIlE COURT, K::.f~,,1. iI / . . ~J -1 '''1'--- , ,.,~~t",g;,'''':r~~-,-.:.i~'-''''''''''''''*X''{--~'",''''''''~ _ ~ ""'.. lM:.'__ "l- .,~ "e \. , . ~-'-_-"';lI.~'.- <.\li<':~--~. .-;.; .," >"', ,...:-,......~'II""1.1........~"".!'.,-'" t ~-'~ ~..., ' - - - " ,~ 1::~t::2.'., ..~ _,.r~~:<'.~::;(~I.~ _.L~" '..,~.;t"'~>4.lj'1f.4 .~~\~~'C),.~:~. ~:j./v,-:! '.;:'4"" ,lj;r_.'i:.... ,;.~_:'~;_~:':.:'.; :2.\':'l:~ '._ "":! - f ... o ~ "" . ~~~ !l!oz 8~ug ... >- o Ul 1;; ffi 8~"" ~u z ,... ~ U I>:: o ... ffi ~ ~ ...:I H" I >-<r HNZ UNO NH ..... E-< N:::::U ..... < <;l~....l -<r H '" > H . U o Z I ~ ~ ~ .. :S e ~ ~ ~ ~ ~ ~ ~ ~ ; ~ I ~ !8 ~ (:) . ~... lil~ .~ "'H =j !:1"" ffi :..: . ~I ....leJ <Cl ~ o I>:: . > ~ ... Z o H E-< H !:1 "" ., " .' ',,"" LIV ,.,,' p, KENNETH J. BOYLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-2121 CIVIL TERM IN DIVORCE DR # 22247 V. RONNA L. BOYLES, Defendant AND NOW, this O~P_ER _0' _C~U~~ day of , 1995, upon review of that attached Petition, this Court orders and directs the Cumberland County Domestic Relations Office to enter and enforce the Alimony Pendente Lite Order dated October 26, 1995. BY THE COURT, J. <'..~-"-----~"-'-'~ ._<"<"-~<-. -.. .-.~-".'''.-.-;'''-'-- KENNETH J. BOYLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 94-2121 CIVIL TERM IN DIVORCE DR # 22247 V. RONNA L. BOYLES, Defendant PETITION FOR ENFORCEMENT 1) Petitioner is Ronna L. Boyles, by her attorney, Robert L. O'Brien, Esquire. 2) Attached hereto, marked as Exhibit "A", and incorporated herein by reference, is a copy of the Alimony Pendente Lite Findings and Order entered October 26, 1995. 31 By letter dated October 31, 1995, the Petitioner allowed the Respondent an opportunity to vOluntarily pay the amount Ordered. A copy of same is attached hereto, marked as Exhibit "B", and incorporated herein by reference. 41 The Respondent has not paid vOluntarily and accordingly, it is requested that enforcement occur through the Cumberland County Domestic Relations Office. WHEREFORE, Petitioner respectfully requests Your Honorable Court order and direct the Cumberland County Domestic Relations Office to enter and enforce the attached Alimony Pendente Lite Order. . Respectfully submitted, O'BRIEN, BARIC & SCHERBR BY: ~_kD6~ Robert L. O'Brien, Esquire Attorney for Ronna L. Boyles 1.0. " 28351 17 West South Street Carlisle, PA. 17013 (717 I 249-6873 I verify that the statements made in the foregoing Petition for Enforcement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~0)~ ROBERT L. O'BRIEN, ESQUIRE Date: November 16, 1995 .;........"..~., .-.... ~c: c~ .lrJ/~II~,.. - KENNETH J. BOYLES, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION -LAW 94.2121 CIVIL TERM IN DIVORCE vs. RONNA L BOYLES. Defendant/Petitioner IN RE: DEFENDANT'S PETmON FOR ALIMONY PENDENTE LITE BEFORE HESS. J. FINDINGS AND ORDER AND NOW, this . , ~(, day of October, 1995, after hearing and careful consideration of the testimony adduced, the court finds: 1. Without considering his teaching, which is variable and in addition to his full. time employment, the court finds that the net monthly income of the plaintiff/respondent is $2,440.00. 2. The income of the defendant/petitioner is $1,204.00 monthly. 3. The appropriate amount of alimony pendente lite, according to the guidelines is $500.00 per month. 4. The court declines to factor in payments being made by one party or the other on marital debt nor will it direct such payments to be made. Payments made directly from one party to the other or on account of marital debt have been made, heretofore, entirely voluntarily, are subject to change, and are more appropriately the subject matter of negotiations between the parties. In the final analysis, it will be up to the master to consider these matters in connection with equitable property distribution. Accordingly, we enter the following order, ORDER AND NOW, this ..a. "'. day of October. 1995, it is ordered and directed that the EXHIBIT 'A' ~ r~"'~~-""'''~'''..^ . plaintiff/respondent pay to the defendant/petitioner, the sum of $500.00 per month lIS alimony pendent lite, effective July 1, 1995, until further order of court. BY THE COURT, Andrea Jacobsen, Esquire For the PlaintifflRespondent Robert L O'Brien. Esquire For the Defendanl/Petitioner ilL :rlm ,., '.:i O}ft, ':t/", ~:t . : ) ,'J~, ....'....'..'..'4. .". CL, '"P~~!:-!...... r-. ,'... ' ,1,/ 1'0..). . .-- Law Olliees . O'BRIEN, BARIC cI SCHERER 17 lI'esl SUlllh Slreel Carlisle, PelllUylval/ia 170 I 3 Sleven J. Fishman Of Counsel Roberl L. O'Briell David A. Baric Michael A. Scherer (717) 249-6873 FAX (717) 249-5755 October 31, 1995 VIA FACSIMILE # (7171 249-8427 Andrea C. Jacobsen, Esquire JACOBSEN & MILKES 52 East High street Carlisle, Pennsylvania 17013 RF.: Boyles v. Boyles Dear Andrea: Allowing appropriate credit to your client for the months of July through October, he currently owes his wife $1,200.00. With the November payment, the sum will be $1,700.00. Your client has sufficient funds to pay the arrearage in full and I will give him the opportunity to do so voluntarily. Please forward the sum of $1,200.00 prior to November 15, 1995 and $500 on or before November 30, 1995. In the event that same is not forthcoming, I will reduce it to judgment and begin collection efforts. Given your client's expressed intention of claiming a credit for all payments on the CCNB loan, my client will not participate in the repayment of same. In the context of the Master's hearing, we intend to argue that the reduced support, as demonstrated by the Alimony Pendente Lite Order and Findings, more than offsets any obligation that she has on that loan through June 1995. Very truly yours, O'BRIEN, BARIC & SCHERER ~ Robert L. O'Brien, Esquire RLO/au co: Ronna Boyles File EXHIBIT 'B' .. " .. " , 'r COUNTY OF CUMBERLAND CARLISLE, PA. NOT VALID AFTER 80 DA VS ~ No.Ol0373 PAYROLL ACCOUNT fARMIRS TRUST COMPANY c.\IIUILI. PINNA. PAVON~DVICE OF DEPOSIT - VOID*VOID NOT N[~GOn""BI_E VOID*VOID TO :l.'i'~'-4:;!-9831 THE RONNA L BOYLES OROER 19429 FRY LOOP AVENUE OF CARLI!'lLE:, F'A 170:1.3 I '-"OATE----' ---'-AMoUNT--\ '09/22/95 ****568.26 , ....--.--.-..-..- .--.--.-.-.--.--.--,' PSECIJ 0191429831 568.26 11'01.03 ? 311' 1:03 I. 30..? 201: 11.3"'00.. 3811. a1DED ...-. - --------------. --- ---------- --------------- , ; : I , , , I . ~ l ; , , ~ I ! I I : eEse ':WRRENT , , DEDUCTIONS ClJFlRE!'H 'fEAR ;0 ~A TE :E==: 3'.47.00 YEAR TO Dol TE I I I , 75.00 10.49 .50 5.50 REGUL COMPE COMPT 786.75 RETNT 39.34 587.47 FIT 88.19 129:1..45 FITLG sl./'r 2:2_03 328.97 UC .87 12.96 FICA 48.78 7213.44 FICAM :U.41. 1:;'0..:38 EI76 7..B7 :1.'\.7.5:1. OPTi 10.00 TonL 786.75 3147.0() 109/16/95 ~ 0IEl:X HUIIIIEB I 09/:22/95 00010373 '." . SOC1AL su:tJRfTT HU~ . NErP4't' PB3004 191-42-9831 568.26 RONNA 13.04 PERS = PROBATION = TOTAL 218.49 l. BOYLES VACAT = 27.54 3247.18 SICI( EXHIBIT / ... -' Hcusehold week adld week adld Month Hcusehold Month .___1I!a. ~.................. $ ~.................... $ $ $ $ utilities 440.00 185.00 'I'el.~. . . . . . . . . . . . . . . . 1mt:..i.rJ1................. . Elec:t::r'ic................. ~aymant (transportatiat and elec:t::r'ic).............. $ Taxes ~ E:stat:e.................... $ ~ ~.............. $ IIlc::cIDIel. . . . . . . . . . . . . . . . . . . . . . . .. $ 21.00 Insurance ~.....................$ AutcInc:lJ)i1e..................... $ Llfe{Acc~th........... $ otl1er.......................... $ 4.25 39.91 AutcInc:lJ)Ue (payments, fuel, (~)......................$ 85.00 Medical Doctor, Dentist, orthoclantist.. $ Iapit:al....................... $ Special (g''''\'l<'es, braces, etc.) $ 100.00 Wucation Private, Paroch:i.a1 Sdlool...... $ Qllle;re. . . . . . . . . . . . . . . . . . . . . . .. $ Persa1al. Clotl1.irg...... .. .. ............. $ F\:x:xi. . . . . . . . . . . . . . . . . . . . . . . . . .. $ $ $ 25.00 300.00 otl1er (haJsehold SlJR)lies, M~~, etc.) ................ credit payments and loans...... 45.00 300.00 Miscellaneous Hoosehold help/d1i1d care...... $ Entertainment (inc. papers books, vacation, pay T<J, etc) $ Gifts/charitable contrlliItions I.e:Jal Fees..................... $ otl1er d1i1d support,Ialimony pa.yments..................... $ 0I:ller (S);)IBC:ify)...................... $ 75.00 415.00 TOtal EXpenses....................... $ 2035.16 .. .. I / o.partml'nt llr ,h. Trl'alury-Int..rnal """rnu.. Servin' ~ Income Tax Return for Single and ~040EZ Joint FIlers With No Dependents III 1994 , Use the IRS label lSee page 12,) Otherwise. plea.e print, Prelldentlal Election Campa1rrn IS.. page 12,1 Income Attach Copy B or Formel) W.2 here. Encl..., but do not Quach. any payment with your return. Note: You } mud ch."k Yes or No, Payments and tax Refund or amount you owe Sign your return Keep a co of this fonn for your rl'COrds. L Pnnt '(our name ltlrst. IMI&II, taln A B 8 If ol JOt"1 retum, pnnllpouse'l name lhrsl. Initial, lasn L H I! Hom. ladrlS'lnumoet and sttttt!, If you "a~e iI PO, COl. see Daoe 12. Apt. no. R I! Cty. lawn or POI' ort.c., statland liP coa.. 11 you hav'IIOftIQn adCrns. HI piQl12. See Inltructlonl on back nnd In Form 1040EZ booklet. Note: Chedinll"l~"lf" at,m 'wi r:hanlll! your lax or I't'dUt'.' .\'fUlr rt{rmd. Do you wont $3 to go to this fund? ~ If a join I relum, does your spouse wont $3 10 ~o to Ihis fund? ~ 1 TOlol Walles. solories. and tips, This should be shown in box 1 of your W.2 formlsl, Attach your W.2 formlsl, 2 Taxable interesl income of $400 or less, If the 10101 is over $400. you cannot use Form 1040EZ, 2 3 Add lines 1 and 2, This is your adjusted gross income. If less than $9.000. see page 15 to find out if you con claim Ihe earned incnme credit on line 7, 3 4 Can your parents lur someone elsel claim you on their return? Yes. Do worksheet X No. If single, enler 6,250,00, on back: enler If married, enter 11,250,00, amounl from For nn explnnnlion of these line G here, amounts, see bock of fonn, 4 5 Subtract line 4 from line 3, If line 4 is larger Ihon line 3, enler 0, This is your taxable income. ~ 5 8 Enter ynur Federal income tax withheld from box 2 of your W.2 formls), 6 7 Earned Income credit (see page 15), Enter type and amount of nontaxable earned income below. 8 Add lines 6 and 7 {don't include nontaxable earned incomel. These ore your total payments. 8 9 Tax. Use the amount on line 5 to find your tax in the tox table on pages 28-32 of the booklet. Then. enler the tax from Ihe table on this line, 9 10 If line 8 is larger than line 9, subtract line 9 from line 8, This is your refund. 10 11 If line 9 is larger than line 8. subtract line 8 from line 9, This is the amount you owe. See page 20 for details on how to po,' and what 10 write on ,'our pavmenl. 11 1 have read Ibl. relurn. UDder penalties of perjury, I declare that 10 Ihe bost or my knowledge and bolier. the relurn islroe. correcl, and accurately Is aU amounls an 50 es of income 1 received daring Ihe tas year. Y r sil{n Spouse'14 ~i"'llU1Ure if joint return DUll' Spou~e'14 OC'ClIpolion For Privacy Act and Paperwork Reduction Act Notice. Nee pUKe ... "_..~ ~~....~-,.. .. OMS No. lMa.06j;'i Your social-security number " I CJ I y~ q<J51 Spouse's social security number I I ~ I <( 10 /;L 7 r " ~tf--~ 3 7 ,3 g I 25D J.. I .3 I I I D r I I t.f I 52- (){j 52 ).~ o 0 ]..fl 00 .1. ~ Cat. Nn. 11329W Form 1D4DEZ (1994) 000 ) I I 0 ~ I 9 )..rl / I ~ PETITIONER'S I ~/B" N.me Addresl euoolT AllALVIII IICU~ITV ANAL VII. ~ '\. , VALUE LOAN OFFICER'S BREAKDOWN SHEET TO'AI."O~'"I,Y ",T'''COMI I 1...."'"1....."....'......1111 ...,.,1.,""'...'......'1"..'...., . SECU~ITV YUIICLI"JfO,f" . Oeeler Encumbrance pl.ced .nd verified IUa.fQT.1" I i:!~..n:~.r'''.T:tL.1e~~''1.. . ...n..;'l:'..... VIHIC"1 - frfO. J . "'ICIL'-A""OUI . lVI-TOTAL . IUI.TOU," I I nlurance Agent contacted LlIS "lIC)1101l0 ,........, AllIOU"'U"'Df'Al.1. \,IY'''OI'''''''' I' CA'AClfY IVIDI"''' . IOUlTY,.. JilUI. UTA" . . 0.... Inlurance W.ived TOT"L OIlT TOTAl. . '_I . Co. DUI"WI"'IO IV NIT WO"'H . VEHICLES OISSURSEMENTS Purch.se Price CCNS CENTRAL FILE Ck. No. () 1;S'I/ / ru,-.r..,vtiJ. ~':.y~ /tJSJ;l/-t ~~( HXS r h Ckg, S.g, C,O:I Stock Lo.ns It Total Proceed"bS. O/R R..erve/O~St? O/r Hold back Amt. of Check p.y.ble to: q i9731C:~ i'AllPII/ul),c;w,' . ,:; I~ctt; l.Pb ~ ~ b7 71d; 'lfi,ilw/3.wt:' 'I S; 3""''''' Ic-ElV 510 &a. ~cev v,'JA- I t/R:J 1(/' lk 37JI/iJ~ ,I... ::>1t4l1 (";~ :J.C.fuAleV .... 7~ I",. r..~" D -' ,Ii' /'" J ~z> D? (v.f~~ 3..3 ........ M.ke & Vr, Oown p.yment Lo.n V.lue Mtge. Slfe Oeposit Add. Verified Llfelnl, A & H Inl. Outside Inl. Milc. Emp. Verified .4/!il f ri/, Oiscount Total Amt. of Loan ~::; 1,~4'.J ~ ;') '8/ 136 t.f. ')8736 'IV D~ R.te: f( 'l(, For 7.;;l Monthl fuE. ,/A/Ih 15.}J ~ Mo, Pymts $ ~.3e A,P.R..Jl COMPANY OPENING DATE HIGH BAL. TERMS LAST CHG. RATING ~ PETITIONER'S I EXHIBIT 'l _ 1W-l~_ INCOME AND EXPENSE STATEMENT OF "- G. Y\'Mi. ",'c\ ~ O-t L E. S , SSN '2 \ 0 .~. \.\ ~ .t;'1.. OR' - , I I I , DATE 9- \q ~q~ THIS STATEMENT MUST BE FILLED OUT (II )Iou are self-employed Of II you anl sallllied by II DusineSll of which you are owner In whole or In ~art, you mUSI also lilt out the Supplemontllllncome Slatemont which appeafll on the last page 01 this Income and Expense Slallme"t.) 'Y"~ 'a~S \ <2..~~ \~~q>". INCOME (al wages/Salary Employer & Address Job Title/Description G: ~~~:se~:: ~:re;:~yp::;~:~~~{~~~~~~~.......~~:'~.....~..._.................._..._..~..._................ $ Payroll Dedu~t10ns: . !>> \ Federal WlthholCllng ..................$ ;;Z GA . ., ~ Social Securily ...........................$ II, J'3 I c.,5(P. ~ /f) Local Wago TalC ..........................$.J 0 . ~ ~,~,), Staltllncome Tax .......................$ I \ Y O~ ~ " RdUrement ..................................$ . '" ~\ \ '!) ~ -,,{) Health Insuranco ........................$ '" 'l- 'V" Other (llpecilYl .~~:r.............$ .,>,,0 r- \~uJ. €' ,~,~...............$ ~.........................$ , ~ oS Net 'Pay per Pay Per Ice! ........................................................................................................................ $ , \ CcN r".~~ ~\,\j\.\". (b) Other Income Week Month . Interest/Olvidends ......................$ $ Pension/Annuity .........................$ $ SocIal Security ...........................$ $ Rents/Royaltles ..........................$ $ Expense Account .......................$ $ Gifts .............................................$ S Unemployment Compensation .$ $ Workmen's Compenoatlon ~......$ $ lNSi~\)(..\\~ - Z"~ ..\,,~. f\."lc.. \OAU. -ut't'll.\i,S ~e~~ Total, Other Income .......................$ 00- mOt\""'~ lo'l $~Et1\,,~o . '. INCOME "ND EXPENSE STATEMENT OF v.. ~"....n\o\ ~Oi L.es. I.IIlIy Inalln. "Ial_n," _In Into 1_ ..... Eajlono. III.... menl are uua and corrOCl.I undar.land IIIaI lalso Ilalomenlll1et.1n are maa6 luDjoc:l UI Iha panallla. 01 11 i'Lc.s. .U04 ~launQ 10 """"'om 181.III.allo" 10 ....n.rllI.., V c; ~ Do,.: '"\ -\c\.. q~ . ....... lit al.nollll '. .. = PETITIONER'S J EXHIBIT I S' S $ $ $ $ S $ S $ 2~1{ ~ %~L\ '2- \ '"' Year o o o o o o o a 3OZG>> 8,a 0 .~(QR.(Jc') u.. .... IRI 1olIeI, 0Ill0tw.., P'N.. pm, 01 Iypo, Check the box for your filing , status (Ieo_17,1 Choc:k only OlIO bo.<, FIgure your exemptIons 1500 _ 20,1 If more lh&n ..... cHplndlrllll, __23, Figure your total income A_CClllVSo' YDUI Fonno W.2 and'_R...... II you dIdn'l gll . W.2, _ page 25, E_,bul do not .nach. any payment WIth )'OUr retum. Figure your adjusted gross income Dooanmonl.. III T~ -....__ U.S. IndivIdual Income Tax Return ", 1994 11I1 U.. ow-oo /IDl WIn. 01 II_In INa _., OIoIS No, 1545-G015 v.... 1DClaI1ICUIIly_ JIL :<Il' : "\'h-' lIIIouM'l ...... _IV ....- Presidential Election Campaign Fund (See pags 17,1 Do you want $3 to go Jo this lund? . . . I! a oint return, does our s usa want S3 to . o'to'this iund?' 1 0 Single 2 0 Married IlIIng Joint return (even II only ons had Incomel 3 0 Married Iillng separate return. Enter spouse's social security number above and full name here, ~ 4 181 Head 01 household (with qualifying personl. (See page 18,1 II the qUallfyl~ person Is a child but not your dependent, enter this child's name here. ~ "~ r,...n L \ ,(" .,\. , 5 0 Qualifying wldow(er) with dependent child (year spouse died ~ 19 I I, (See page 19,1 6e DlI V_If. "your patonl (Of' IOItIIOfllI .H) can clIim you II I dependanl on hil 01 her III No. 01 lID... rltum. do nol ChIcll box 6a. BU! be lwe 10 cIIeck Ihe box on line lab on pagl 2. :~".:a~ on Y.. ...,..."..... nwl ........ L aaa... CAR-RT-SORTa.R003 A I 'us 210-40-4"157 S211 AJ. I I KENNETH J BOYLES R L H 'J.51b DOUBLING GAP RD 016 S I NEWYILLE PA 17241 R Cl.,. . I ........ o 'l( bOs o Depoondenta: III_I...,......, anD...._ 121 C/Ioek II ""* I 13111100101_, dependent', IOCt&I MCUII ....- 141~I" lllHo.oI_ lelabonlhlp 10 MICIn ~ hclme n 1184 . d I! your child didn't live with you but Is claimed as your dependent under a pre-1985 agreement, check here. . . . ~ 0 e Total number 01 exem lions claimed. 7 Wages, salaries, tips, etc, this should be shown In box 1 01 your W-2 lorm s . Attach Form s W-2. Sa Taxable Interest Income (see page 25). I! over $400, attach Schedule 1. b Tax..xem t Interest. 00 NOT Include on line Ba. e Dividends. II over $400. attach Schedule 1. 10a Total IRA distributions. 11 a Total pensions and annuities. 11 a (", 12 Unem 10 ment com ensatlon see 138 Social security benefits. 8b l , lOa c; 10b 11b 13b 13a ( , 14 158 b S use's IRA deduction see a e 34 . 15b C. o Add lines 15a and 15b. These are our total ad uslments. 15c 16 Subtract line 15c from lins 14. this Is your adlusted grols Income. I! less than $25,296 and a child lived with you (less than $9,000 /I a child dldn'tlive with au), see "Earned Income credit' on pa e 44, ~ 16 ~ 14 = PETJnONER'$ I EXHIBIT h Cal, No. 1\327A lOb llb 12 13b .oe ... . For Privacy Act and Paperwork Reduellon Act Nollee, Ie. page 4. Note: Checldnl1 'Yes' WIll nol chenge your 1/IJt or reduce ur refund, No. 0' VO"" Chllcl,enon Oc:wno: . Uwed \IfIth you . didn't live WIth you due 10 divorce or HparlUon (DOG ""go lIJl a.penden. on eo not entflffldllttove ~ Add numbora GJ on_ on Un.. .bow 7 'i'dll,}'\ '-II 8a' t.' -) C, o c.:1 ('(' 9 c~, "':' 4\""' ) ). .-/. -, \ (j I I , ;:n I'd. II 1994 Form 10404 pag.1 18a Check {D You were 65 or older 0 Bhnd } Enter number of if: 0 Spouse was 65 or older 0 Bhnd boxes checked ~ b "your parent (or someone elsel can claim you as a dependent, check here, , , , , , , , , , , , , , , , . , ~ 18b e II you are married filing separately and your spouse files Form 1040 and itemizes deductions, see page 38 and check here, ~ 18c 19 Enter the standard deduction shown below for your filing status, But If you checked any box on line 18a or b, go to page 38 to find your standard deduction. If you checked box 18c, enter -0-, · Single-$3,BOO . Married filing Jointly or Qualifying wldow(erl-$6,350 · Head of household-$5,600 . Married filing separately-$3,175 19 Subtract line 19 from line 17, "line 19 is more than line 17. enter -0-. 20 Multi I $2,450 b the total number of ex em tions claimed on line 6e. 21 :) l ' Subtract line 21 from line 20, " line 21 IS more than line 20, enter -0-, '''l, \ J. This Is our taxable Income. ~ 22 ~")(, t... 23 Find the tax on the amount on line 22, Check if from: iQI Tax Table a es 62-67 or 0 Form 8615 see a e 40 , 24a Credit for child and dependent care expenses, Attach Schedule 2, b Credit for the elderly or the disabled, Attach Schedule 3, 24b c Add lines 24a and 24b, These are our total credits. 25 Subtract line 24c from line 23, If line 24c is more than line 23, enter -0-, ' 28 Advance earned income credit a ments from Form W-2. 27 Add lines 25 and 26, ThiS is our total tax. 288 Total Federal income tax withheld, If any tax is from Form 5 1099, check here, ~ 0 b 1994 estimated tax payments and amount a lied from 1993 return. e Earned Income credit. If requlre1, attach Schedule EIC see a e 44 , Nontaxable earned income: amount ~ (, I and type ~ (', d Add lines 28a. 28b, and 28c (don't include nontaxable earned income), These are our total a ments. ~ 28d 29 If line 28d is more than line 27, subtract line 27 from line 2Bd, This is the amount au overpaid. Amount of line 29 ou want refunded to you. Amount of line 29 you want applied to your 1995 estimated tax. 31 32 If line 27 is more than line 2Bd, subtract line 28d from line 27. This Is the amount you owe. For details on how to pay, including what to write on your payment, see page 52, 33 Estimated tax penally (see page 52), Also, include on line 32, Under penatlles 01 perJury, I decl.ue lhall holye elamlned thIS relurn artCI accomoanV\f'IQ schedules and statlments. and to lhe best 01 my knowIedoe Ind belte" U'lftV are 'rue. COtrect, .1RI1 ace"" lllV list all amounts dnt.1 soutelt! 01 InCome I fecltVld aurmg lhe ta. Y..', Declarahon 01 prep.f. (ottw than lhe talpayu'lIS b.1rOlt 811 "~mahOf I wnK.h Ihe PfIPPoJ'et' has .ny knowledgft, ~ YOUt s ~re.) Date . ,. .,... ~-l'I.) ~ Spouse', Signature. " IOlnl u!lutn, BOTH uSI sl()n 00110 Ptepoltltf'S ~ D.lItt Ill}nalure , Firm's name lor yours ~ ., sell.emplOyeCJI oIno add,e.s ,/ , 1994 Form 1040A page 2 Figure your standard deduction, exemption amount, and taxable Income 17, Enter the amount from line 16, 18aD~' o o 20 21 22 Figure your tax, credits, and payments 24a ( \... II you wanl Ihe IRS 10 figure your 18X, see Ihe Instruchens lor line 22 on p.ge 39, 24c 25 26 ~ 27 2Ba U:l") )"1 2Bb o 28c c-:. Figure your refund or amount you owe 30 31 c 33 Sign your return YOu' occupat~ (.1_- '. :-, 'V--'io. . . l Spouse'. OCCupahon Keep a copy of thiS return 'or your records. Paid preparer's use only Check " ""....,p.,..., 0 Eo No. ZIP code 1994 Form l040A Mnll' 17 \ L ~ l. 1 '. , &.).. <J- (.' G .) .; 29 J. (: q c\ 30 3(\ , '\ .) . {':\. 32 P,epare,'. socIAl secUflty no. '<j, ~ ' ~'1 fr. - 0\ i';; -.. ~.: r( r .. t,- ., - a~~ ,Jro"; ., g :r: 0"" u.. ~t. r:i"'O ~ ~:,.... -, r- :.~~Il I ~;l~"; ~ -~ c...' lJJ tlJ tl t . ~ f- ..:-.:.) ~~~~. . .' 't ."--~ ~ In ::; I~ 0. u ., ~ ... 0 ~ ffi .., ...l ~ ~ ~ - .,. . . ...l 0 ~~< 0 ~ .... ... ~ - :> - ffi ~~ .... ~ ;"'1&< u....c.l ~ ~ ~ !;! !Ec~ ~ 01&< ...U OU VI ....' cQ.... .........1>: E ~ ~ ~ ~~~ zc:. .~ :ilffi ........0 O~l>- .........:> u 0 ...,.... :> .... .... o ~ r:: o VI ~~ <I&< I:::::Q ~ .. ~ !;:ffiffi I>: ffi ~~ .. 0 "'I>:Z 5 ~ ~ I&< ~ 0 A.... ::JcQ.,. Z I>: . E2 ~ I/'l Oi!; Z 0 ffi 0 t; ~ u_ 0 Z U .... :.: c.l !5 is :r. Z .... . . -, 1"~ .'1"'.\ .','."'.\"* - KENNETH J. BOYLES, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2121 CIVIL 1994 DR # 22247 IN DIVORCE v. RONNA BOYLES, ORDER OF COURT AND NOW, THIS /I~ day of December, 1995, upon the stipulation of the parties through their attorneys, the arrears due Defendant Ronna Boyles from Plaintiff Kenneth J. Boyles in respect to alimony pendente lite as of October 31, 1995 amount to $912.00. BY THE COURT, -t<,t... AIL / J. .... ..;.:; ,', 4:-' , " 'i .> '~\,} '. :.~~ -,:,~~' " '.J" ~'if '.t, 1 }. :. ~~ ", ".:....V." . ..~:\.~~; ':~ ~.; ~', ' ,: ':;:~'/<,~. ~ ;}t? ~ '. t, ..-, , .,:0' ."'.:"-' , ,'~ 0 ." .:; .;.: ".,,' .'". . r -.-..". -'i>~h.~""~"'''''''''~ ,:;!,-p'fo<?"'i''''''?'i'' "~~~"~M,:~""",,~ :~f;..~:,'t".f::'~;~~/;'."'.:': :::~' '~.~\~Y. /.,. ~~.,:~."'::'~~~.'~f~~~.."~~.. _ W~~~, :. ...",1"..'H,".~l.~.."" ,".., , . .'. ~ \.-..__.,'.~.,_4...;;I;"t.i,~~"",.U~"'tt;.~ 1!'1'~~'-~~~',,:,,, -1':: :;..:t.t"i'< . . .' KENNETH J. BOYLES, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . V. . CIVIL ACTION - LAW . . . RONNA BOYLES, NO. 94-2121 CIVIL 1994 Defendant . DR # 22247 . . IN DIVORCE . MOTION FOR CONSENT ORDER 1) The parties to the above-captioned action, by their respective attorneys, stipulate and agree that the Defendant's alimony pendente lite arrears through October 31, 1995 amount to $912.00 2) The parties, by their respective attorneys, agree that the amount of $912.00 shall be reduced to an Order of Court in the action. ~ ~~~M->- ROBERT L. O'BRIEN, ESQUIRE ATTORNEY FOR RONNA BOYLES ~f<\If\'" ... h",,: i_~ IJ I ~ ; ~t IT: ' df:. , 6(, l..:,l ,.~ -1'1 u.'. i I!_ () ,... C" c: ',. .. i:1: -, ,1.:1,;. .:c:.! .;f) ',,:.;.": . J .'.to .";6- -; " U ':;1'\ , ;:-; =, ,n u'\ l"o 0 ~ '" '" ~ '" '" . . "'~ ~ 0 ~~~ ~ ~~ ....;:] ... t; ~ . ....:l ~ :i :s ~ ~; H'rsl ~8~ ~zli! ~ ... ~ oJ oil u il ~ ~ H UOo E u ~ l"o~~ ~~ . H;> ~ ;> _~H ~ ~ z: ~ i H M l::a ~ ~ i~ ~~ -< S a:l ... M Z 5 :l ~ H '....:lH ,. 8~'" E-< ~ "'H <2 ::: H "'~ ., ~ 0 tl .0 b ~ '" 0 z ~ . '. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2121 CIVIL 1994 IN DIVORCE RENNETH J. BOYLES, Plaintiff v, RONNA BOYLES, PBTITION :l'OR ALIMONY 1) Petitioner is Ronna L. Boyles, the Defendant in the above- captioned divorce action. 2) Respondent is Kenneth J. Boyles, the Plaintiff in the above- captioned divorce action. 3) Petitioner joins as a claim related to the pending divorce action, a request for alimony. WHEREFORE, Petitioner respectfully requests that the Court order and direct the Respondent to pay to Petitioner alimony. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY: r~~ Robert L. O'Brien, Esquire I.D. 1/28351 Attorney for Petitioner 17 West South Street Carlisle, PA 17013 (717) 249-6873 ~.- ~t~"'t~'!:<";~J'=:ltN','I! ", . ~ KENNETH J. BOYLES, PlaintiffJRespondent vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA CIVIL ACfION - LAW 94-2121 CIVIL TERM IN DIVORCE RONNA L BOYLES, Defendant/Petitioner IN RE: DEFENDANTS PETmON FOR ALIMONY PENDENTE LITE BEFORE HESS. J. FINDINGS AND ORDER AND NOW, this ~(, , day of October, 1995, after hearing and careful consideration of the testimony adduced, the court finds: 1. Without considering his teaching, which is variable and in addition to his full-time employment, the court finds that the net monthly income of the plaintiff/respondent is $2,440.00. 2. The income of the defendant/petitioner is $1,204.00 monthly. 3. The appropriate amount of alimony pendente lite, according to the guidelines is $500.00 per month. 4. The court declines to factor in payments being made by one party or the other on marital debt nor will it direct such payments to be made. Payments made directly from one party to the other or on account of marital debt have been made, heretofore, entirely voluntarily, are subject to change, and are more appropriately the subject mailer of negotiations between the parties, In the final analysis, it will be up to the master to consider these mailers in connection with equitable property distribution. Accordingly, we enter the following order. ORDER AND NOW,this .:l". day of October, 1995, it is ordered and directed that the .. , . plaintiff/respondent pay to the defendant/petitioner, the sum of $500.00 per month as alimony pendent lite, effective July 1, 1995, until further order of court. BY THE COURT, Andrea Jacobsen, Esquire For the Plaintiff/Respondent AIL Robert L O'Brien, Esquire For the Defendanl/Petitioncr c.~ ~d 1t./:I'llqS' ",h . '6', :rlm OCT Zj Ii ~3 :Id '95 ". i;" ...., ',it<) )^ i" ',; f ';'1. .." ~ ,. ..%.... ,.' , - :oc -~ co ", ::2 . . ,,' I'" .' ~ c::> > -.. ::0 --. I.,. ~ l' . I 'V, ...... ~ (/) .0: loJ ...:I . >< r:>.>< Z8 Z . ~ 0 (/) .0: ...:I '" oZ XloJ III ...:I ... ~ c ~o .0: "'8 ...:I . > ,.. 0... ...:I... ><.... (/).... I ... t - OU Z .0:...:1 0.... loJ I: U ~ ~ :s Uo .0: 1%1.... ...:Ins Z ti ~ ~ I>: III 0 '" :> > ><'0 .... ., lI.Z ...:I 08 ..... . 01: ... N E u F. ~ 0.0: >< lI.Z ..I: > I%IQ) 8 .... ~ ~ or, ...:I(/) .... U N r. 81>: Z ZloJ :ens ~~ ~ ~ .0: I S ~ I>:loJ Z 00 8..... 'I' G or, Ol%lloJ ...Z loJr:>. ~O ...:I 0'1 ~ ~ oX r:>. 8loJ Z ... f:3 ,. uO ...r:>. Z > . ~ U 8 loJ ... 0 b loJlI. loJ t<: U Z :Co r:>. 8 Z ... . ' '. )1' '. KENNETH J. BOYLES, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . V. . CIVIL ACTION - LAW . . . RONNA BOYLES, NO. 94-2121 CIVIL Defendant : . IN DIVORCE . ORDER OP COURT Ck.tw AND NOW, this /,").~ day of~, 1995, upon review of the Petition for Alimony Pendente Lite filed by Ronna Boyles, Defendant in the above-captioned divorce matter, this Court issues a Rule upon Plaintiff/Respondent Kenneth J. Boyles, to show cause why the said relief should not be granted. SAID Rule-to-Show-Cause returnable at hearing set for _/ j' "qUJ -h- / J y',' .:7A , the ,.;>( . day of '-.:.ill1fUllf' 1" , 1995, at _ .)u LI f in Courtroom # , Cumberland county Courthouse, 4] , 'Jdiu-' f a.m./p.rIIl. , Carlisle, Pennsylvania, 17013. IT is further ordered that Plaintiff/Respondent is to provide a copy of his 1994 income tax return to counsel for the Defendant/Petitioner 10 days prior to the scheduled hearing. BY THE COURT, ./J~ J. The Court of Common Pleas of Cu erland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 7-- I ).tff (t t~ tA r 'n.HL~v -"Jyv.:d,j, .;'i(I! ":'." -,'\ ~,' '\ ::-" i.. , ,it JUl /l 2 Jo ;,1 '95 " KENNETH J. BOYLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. RONNA BOYLES, NO. 94-2121 CIVIL Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE 1) Petitioner is Ronna L. Boyles, the Defendant in the above- captioned divorce action. 2) Respondent is Kenneth J. Boyles, the Plaintiff in the above- captioned divorce action. 3) The parties separated in December 1993 and the husband resides in the former marital home which is provided to him at a substantial subsidy due to his employment with the Commonwealth of Pennsylvania as a park manager. As of February 1994, he paid the sum of $131.30 bi-weekly for the use of a ten-room home, including utilities. In addition, the Respondent's paramour resides with him and she is employed full time and is or is able to subsidize other expenses of the Respondent. 4) The Respondent, in addition to his income as a park manager, has substantial additional income through training seminars that he runs in reference to search and rescue operations. 5) The Petitioner collects spousal support in the sum of $50.00 weekly which was adjusted due to the Husband's paying the CCNB loan which the parties took out on October 2, 1992. The CCNB loan was a consolidation loan which was taken out to retire debts which primarily benefitted Respondent Husband or the parties' children's motor vehicle loans. 6) The Respondent Husband announced to the Petitioner in late 1993 that he had plans for his life and those plans did not include her. Respondent demanded that she leave the home that she had resided in for the past 20 plus years. Respondent agreed to assist the Petitioner with furnishing her new quarters. The Petitioner left the family home with her clothing; personal possessions; half the china and half the silverware. All of the balance of the parties' furnishings and property that they had accumulated in 23 years of marriage were retained by the Respondent. 7) The Petitioner believes that, despite the Respondent's agreement to pay the CCNB monthly balance and the fact that she has collected a reduced spousal support amount, Respondent intends to argue to offset the marital distribution by payments that he is making on that loan. 8) The Respondent, due to subsidized housing arrangement, his SUbstantially greater income and the presence of his paramour in the Petitioner's former marital residence, has the ability and obligation to pay to Petitioner alimony pendente lite so as to permit her to pay an equitable portion of the CCNB debt pending final resolution of the parties' divorce action. 9) The Respondent and Petitioner own a residence subject to a life estate in Respondent's mother. The real estate should be appraised in conjunction with the divorce action and the Petitioner has insufficient funds with which to pay for an appraisal. Likewise, ,..,..............;w.. ....... the parties' marital property and non-marital property should be appraised. 10) The Petitioner has incurred attorneys' fees and anticipates incurring additional attorney's fees as this divorce matter continues and has little disposable income with which to pay her legal fees. WHEREFORE, Petitioner respectfully requests that: A) the Court order and direct the Respondent to pay to Petitioner alimony pendente lite; B) the Court order and direct that the Respondent be precluded from taking a credit for payments made post- separation to CCNB due to Petitioner's reduced spousal support order and Respondent's offer to assume this debt when he forced Petitioner from her home; C) the Court order and direct the Respondent to pay the costs associated with having the parties property appraised; D) the Court order and direct the Respondent to provide a copy of his 1994 income tax return prior to the hearing; and, E) the Court enter such other orders as are equitable. Respectfully submitted, O'BRIEN, BARIC & SCHERER , ~ BY: Robert L. O'Brien, Esquire I. D. 1128351 Attorney for Petitioner 17 West South Street Carlisle, PA 17013 (717) 249-6873 .,,-'_....,.........,...',__r".._ . I verify that the statements made in the foregoing Petition for Alimony Pendente Lite are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, S 4904, relating to unsworn falsification to authorities. G.-- -r ~ ~ RONNA L. BOYLES Date: 7/ (oICt~ Cc: ~ )()!.rt!ifr- KENNETH J. BOYLES, PlaintifflRespondent IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - LAW 94.2121 CIVIL TERM IN DIVORCE vs. RONNA L. BOYLES, Defendant/Petitioner AND NOW, this . ~(,' day of October, 1995, after hearing and careful consideration of the testimony adduced, the court finds: 1. Without considering his teaching, which is variable and in addition to his full-time employment, the court finds that the net monthly income of the plaintiff/respondent is $2,440.00. 2. The income of the defendant/petitioner is $1,204.00 monthly. 3. The appropriate amount of alimony pendente lite, according to the guidelines is $500.00 per month. 4. The court declines to factor in payments being made by one party or the other on marital debt nor will it direct such payments to be made. Payments made directly from one party to the other or on account of marital debt have been made, heretofore, entirely voluntarily, are subject to change, and are more appropriately the subject matter of negotiations between the parties. In the final analysis, it will bc up to the master to consider these matters in connection with equitable property distribution. Accordingly, we enter the following order. ORDER AND NOW, this .:l c.' day of October, 1995, it is ordered and directed that the ~ f"......,-'"Y...., "..>> ,......... plaintiff/respondent pay 10 the defendant/petitioner, the sum of $500.00 per month as alimony pendent lite, effective July 1, 1995, until further order of court. BY THE COURT, Andrea Jacobsen, Esquire For the P1aintiffIRespondent At!- Robert L O'Brien, Esquire For the Defendant/Petitioner :r1m TRUE COpy FRG'.l RrCORD Ii: T ;".. (, - - , -. -'t.; my hand u;d HiQ >"~: OJ >.,) d '. ')l;;~ 'e( (;i:-h~li:, Po. Th:~ .;J(p:tJ.., ddY uf ~:.., 19,9:f.' ........,..,.""'~~~;lh!~~~...... KENNETH J. BOYLES Plaintiff, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. . : CML ACTION. LAW RONNA L. BOYLES Defendant. . . : NO. 94-2121 CIVIL 1995" : IN DIVORCE PETITION FOR EQUITABLE DISTRmUTION 1. Petitioner is KENNETH J. BOYLES, Plaintiff herein. 2. Plaintiff and Defandant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." 3. Plaintiff and Defendant have not agreed as to an equitable division of said property. WHEREFORE, Plaintiff requests the Court to equitably distribute all marital property and to grant such further relief as it shall deem proper and just. Respectfully submitted, . B : Andrea C. cobsen, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 20952 r.:~::..._::'":" . Ln "" . 'J '" vi -s \J fa I '-l' ct ~ rlJ l:' 8g C1~ :"i>- ....'- ~,~.:-: ~'" ~:J:.\" ;.- L...Or.>... h.. .i~."':. : (-" :"" .. ,.1 I" ,_'J 't .1./ IE VI #' M Q o I' '? ~ :;\ '::J\ ~o! ~ "" => ~ U'-N) ~I"f) '. <.: , KENNETH J. BOYLES, Plaintiff . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 2121 vs. RONNA L. BOYLES, Defendant IN DIVORCE ORDER OF COURT ~ T (-1 AND NOW, this 1. c) day of ~, 1996, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on July 16, 1996, the date set for a Master's hearing, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: Andrea C. Jacobsen Attorney for Plaintiff Robert L. O'Brien Attorney for Defendant ""'-- ALEI1-0FRCE OF TI-'r: r,"',:---"",! 'T/n'f r.:" <,:, 95AUG28 Mlf/:;;5 Cu'<'r:",." ',' , " ,;'I.'v l\j__ II.. \ 'w' 1..... .._.", i PENNS)'LVANli\ " , KENNETH J. BOYLES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : NO. 94 - 2121 RONNA L. BOYLES, Defendant . . IN DIVORCE THE MASTER: Today is Tuesday, July 16, 1996. Present for a Master's hearing are the Plaintiff, Kenneth J. Boyles and his counsel Andrea C. Jacobsen, and the Defendant, Ronna L. Boyles and her counsel Robert L. O'Brien. A divorce complaint was filed on April 22, 1994, raising grounds for divorce of irretrievable breakdown of the marriage. On August 28, 1995, the Defendant filed a petition for equitable distribution. At the pre-hearing conference on December 11, 1995, Mr. O'Brien indicated that he was going to file a claim for alimony and counsel fees and costs on behalf of the Plaintiff. In reviewing the pleadings today, it is noted that those claims have not yet been filed; however, Mr. o'Brien is given leave to file an appropriate pleading raising the economic issue of alimony within 7 days of today's date. Counsel have indicated that the parties will conclude the divorce under Section 3301(c) of the Domestic Relations Code. Both parties have provided the Master with an affidavit of consent, which the Master's office will file with the Prothontary. Mr. Boyles has signed also a waiver of notice ~ . . , . of intention to request the entry of a decree which will be filed along with his affidavit of consent. Mrs. Boyles will sign and file a similar waiver within 7 days of today's date. The Master has been advised by counsel that after extensive negotiations this date the parties have reached an agreement with respect to the economic issues raised in the proceedings. Counsel are going to place on the record an agreement in the presence of the parties resolving the economic issues. The agreement as placed on the record will be considered the substantive agreement of the parties and not subject to any modification or changes except for correction of typographical errors which may be made during the transcription. A draft of the agreement will be sent around to counsel to review for typographical errors and any corrections of those errors will be made, after which the parties and counsel will be requested to sign the agreement and return it to the Master for filing with the Court. The signing by the parties and counsel of the agreement is simply an affirmation of the agreement which is being entered on the record this date. After the Master has received the signed agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court with any appropriate orders accompaning the divorce decree consistent with the agreement as entered into today. Mr. O'Brien: MR. O'BRIEN: The parties have agreed to the values . " on the particular items as identified herein: 1. Life insurance, $7,602.36 to be distributed to husband, 2. A 1989 Jeep Wrangler with a value of $7,050.00 to be distributed to husband. 3. A credit union account with a value of $1,542.00 to be distributed to husband. 4. A checking account with a value of $1,043.00 to be distributed to husband. 5. Personal property in the husband's possession to be distributed to husband -- $1,434.00. 6. A 1993 Mazda Protege LX with a value of $6,825.00 to be distributed to wife. 7. A checking account at Farmers National Bank of Newville with a value of $200.00 to be distributed to wife. 8. Wife's personal property at her residence with a value of $293.00 to be distributed to wife. 9. A pension plan/retirement plan with Cumberland county with a value of $1,296.00 to be distributed to wife. 10. The total value of the aforesaid marital property is $27,285.00. 11. Wife shall receive 58% of the value of the marital estate and husband 42%. Accordingly, of the property identified above, $15,825.00 would be distributed to wife; wife has received $8,614.00 of property in kind and there needs to be distributed to wife $7,211.00. 12. In reference to said distribution, that amount is to be offset and husband to receive credits amounting to 42% of the payments made to PNC Bank on a certain mortgage the parties took out secured by their home in Camp Hill. Said total payments amounting to $19,094.00; 42% of same, $8,019.00. Accordingly wife will reimburse husband at the time the parties' real estate is disposed of, the sum of $808.00. At the time that the real estate is disposed of in addition, wife again, from her proceeds, will reimburse husband 42% of the balance owed to the PSECU/Visa account. Said balance at the time of - ; .~. . ~."',~>:i" ~ . . separation being $6,806.00 and wife's proportional share being $2,858.52. At the time of disposition of the real estate, wife will also reimburse husband 42% of payments made by husband from the date of this hearing until time of disposition. Any remaining balance on the PNC loan shall be deducted from the net sale price. After the PNC loan as well as realtor's commissions and other appropriate closing costs are paid from the gross proceeds, wife shall receive 58% of the balance and husband 42% of the balance. Thereafter, the adjustments for the PSECU, husband's PNC payments, and $808.00 will be deducted from wife's portion. 13. Husband and wife agree that the value of two John boats amounting to $100.00 as well as two motorcycles presently that husband will retain will be calculated and that wife will receive 58% of the value of those items as an offset against the amounts deducted from her share of the proceeds from the home. 14. Husband's pension will be divided utilizing the coverture fraction method with wife receiving 58% of the value of the pension plan during the period of employment coincidental with the time of the marriage to the date of separation. Neither party will be obligated to provide survivor benefits for the other from their separate pensions. It is anticipated by the parties that the state Retirement System will permit wife to establish a separate account with the system and husband to maintain his separate account. 15. The Court will retain jurisdication of the disposition of the parties' real estate in Camp Hill as well as the distribution of husband's pension/retirement benefits by an appropriate QDRO. 16. For the purpose of this stipulation, the parties agree that the date of separation in reference to said pension benefits is October 31, 1993. 17. Due to the continued life estate and the fact that husband's mother resides in the parties' real estate in Camp Hill, the parties agree that if the property is not sold or otherwise disposed of within 18 months, and in the event the parties are unable to negotiate a settlement that either party may petition the Court for another hearing before the Master in order to achieve a distribution of the parties' real estate. t~.~;'-""\"'"'C'''';<:r'''M~';'.''''''' .... . 17. The parties agree that alimony is appropriate and it is to be indeterminate as far as the time and the amount and shall be subject to changed circumstances of the parties and reviewed by the Court on petition of either of the parties. As of the date of entry of the divorce, the APL/spousal support in the sum of $500.00 shall be terminated and wife shall be awarded alimony in the amount of $450.00 per month. The parties further agree that the alimony order and award will terminate in the event of wife's remarriage, cohabitation, or death. It is also understood that alimony will terminate upon husband's death. 18. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. MR. O'BRIEN: Ms. Boyles, do you understand and do you affirm the stipulation and agreement which you have just heard read into the record? MS. BOYLES: Yes. MS. JACOBSEN: Mr. Boyles, would you just state your full name for the record? MR. BOYLES: Kenneth James Boyles. MS. JACOBSEN: And did you hear the stipulation and agreement that was just read into the record by Mr. o'Brien? MR. BOYLES: I did. MS. JACOBSEN: And did that reflect the agreement that you understood that you had reached with your wife? MR. BOYLES: Yes. MS. JACOBSEN: And are you in agreement with the terms and understand that they will now be binding against you? MR. BOYLES: I am. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular section 3105 of the Domestic Relations Code. WITNESS: DATE: Me :] -'"2.1. .ql, ~~ Andrea C. Attorney .~ ('''~J Robert L. O'Brl.en Attorney for Defendant ~~. ~:l'~ . . Q. Ila (r, c' ,- u- "1 ~c Ln ~L- - I- i:" ii ,-') l,JJ-. t '", \ ~ LJ-:.". ~ A_. I C '.. ~ i~ j.~ .J " J.- . ..;...:; l..~ ..j f_):;'; .. :....~ ...J f.:; -, _:J' ~ ~-, .' . -!l'l ~ (i)~ '1 U::1 fO, ..;,.. OJ. ('.:7- 'j 0 en u ~ ~ r: ~ ~ '" '" . ~ 0 ~~~ ~~ <- t ~ ~~ ~ ~ i'i :S ..... .. ~ 5l:;: <'Il<I '" 08~ .....u ~~ ~ ~ ~i~ ~ .. ... 5l'" <'II>: ~ . l:l . 10 H ..., .... :>- ffi "1:>- ~ ~ z: ~ l'll .~ O\H .. ~ ~ ~ ~ I~ ...:l~ ,:l ~ . - 5 ~ 8!!l'" I oz ZH C2 ~ ~ <0 U~ b ,u ~ Z H ; IIIJG 1 7 1998,~ (;- - J, KENNETH J. BOYLES Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO, 94-2121 : IN DIVORCE V. RONNA L. BOYLES Defendant ORDER AND NOW, this o? 1,4,t day of t2U!f-<1-:t ,199B, a Rule is issued upon the Respondent, Kenneth J, Boyles to show cause why the relief requested not be granted. Rule returnable at a hearing on ~dA~' ,the:t!!L. day Of~ 'I (/a;L:: o/;d7J a.m, in Court Room No, , Court House, Carlisle PA; or, Rl:l19 rlilurnabl9 days after service up.:... II,., Respoml9nt .~ .... 4 "_,_!"-__."'.__J'....~D'_"~.."<>",._ "';- ,", ,-<-",<, ."l;;,...'d,:._"":~iv #~".~" _._ ...."""'."".---...--"""'"-... '-.:ill , ii'''''';;''- :',;<, ': , t: ";f' , . .'~. :_:._~ .,:_ .' 'f:''-'' . ,......-.. --.;...., , \ " ,- , , I , i I. ~;.f~: rl '-.~: , ., r",j q " i , , : j . ~ " ,,' FiLfD-or'FiCr: 0,. i'.r- -.v.".... .. 1"", I ':II/IG"'OTIf/Y 98 "lIe 2 I liN 1/ 11/2 CUll,>, " '" 7\ loI--.:~.rf~~_.~ LUJ/VI ( FENNSI'l..\';W/1 . j !J ;::_~,' I i ') j I i i , ! ! ! I I I ! ! !, I, ~ ~.# ''-'--:--- MOTION FOR KENNETH J, BOYLES Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA V. RONNA L. BOYLES Defendant : NO, 94.2121 : IN DIVORCE EMERGENCY RELIEF 1, Movant is Robert L. O'Brien, Esquire, attorney for the Defendant, Ronna L. Boyles, 2, Respondent is Kenneth J, Boyles, Plaintiff in the above captioned action, 3. Movant, on behalf of his client, Ronna L. Boyles, has prepared a draft to QDRO which has been reviewed and preliminarily accepted by the Commonwealth State Employees Retirement System, Certain changes and corrections in that QDRO were necessary in order to obtain their preliminary approval. 4, The Respondent, Kenneth J, Boyles recently submitted a change in beneficiary designation form for his retirement plan, Said change, if it has occurred, would prejudice Ronna Boyles, in that if he died while in State service and before the beneficiary designation were to be modified that Ronna Boyles would lose benefits under the plan to which she is entitled, 5, Since April Movant has requested a response from Respondent's counsel in reference to the QDRO as well as to the issue of the change of beneficiary as impacting on his client. Despite repeated requests to Respondent's counsel, Movant has been ignored, -- r-~'.~""""'._"-'-~. 6. Pursuant to the divorce decree, the Court retains jurisdiction for distribution of husband's pension retirement benefits by an appropriate QORO. 7, Movant requests that the Court order and direct Mr. Kenneth J, Boyles and/or the State Employees Retirement System to conform any beneficiary designation to the terms of the QORO and approve the allached QORO, Wherefore, the movant respectfully request that the Court issue a Rule to Show Cause upon the Respondent. Kenneth J, Boyles as to why; A, the beneficiary designation should not conform to the terms of the OORO, B, the proposed OORO not be made an order of Court, C, and why he should not have to pay the attorney's fees necessitated by his failure to respond to reasonable requests of the Movant. Respectfully Submilled, O'BRIEN, BARIC & SCHERER r r=?()~ Robert L. O'Brien, Esquire 1.0, #28351 17 West South Street Carlisle, Pennsylvania 17013 717-249-6873 BY: ""."'- ~ I verify that the statements made in the foregoin;J Motion For Emergency Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relatin;J to unsworn falsification to authorities. ~f'l~ . Date: ~ r;.".....,. .->~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH J, BOYLES, Plaintiff FAMILY DIVISION v. NO, 94-2121 RONNA L. BOYLES, Defendant IN DIVORCE ORDER AND NOW, this day of , 1998, the attached Stipulation and Agreement dated of the parties in this case Is made an Order of Court. J. r.....,.".,..,_., ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH J, BOYLES, Plaintiff FAMILY DIVISION v. NO, 94-2121 RONNA L. BOYLES, Defendant IN DIVORCE STIPULATION FOR THE ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this day of , 199_, the parties, Kenneth J, Boyles, Plaintiff and Ronna L. Boyles, Defendant do hereby Agree and Stipulate as follows: 1, The Plaintiff, Kenneth J, Boyles, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employee's Retirement System (hereinafter referred to as "SERS"), 2, SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa,C,S.A. Section 5101-5956 ("Retirement Code"), 3, Member's date of birth is August 26, 1949 and his social security number is 210-40-4957, 4, The Defendant Ronna L. Boyles, (hereinafter referred to as "Alternate Payee") is former spouse of Member, Alternate Payee's date of birth is October 7, 1949 and her social security number is 191-42-9831, ,.............. u_ ,'"''l' 5, Member's last known mailing address is: 1516 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241, 6, Allernate Payee's current mailing address is: 107 West South St., Carlisle, Cumberland County, Pennsylvania 17013, It is responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times, a, (1 )The Coverture Fraction multiplied by (2) the Member's 7, The marital property component of Member's retirement benefit equals: retirement benefit on the effective date of Member's retirement calculated by using the Member's final average salary on October 31, 1993, instead of the Member's actual final average salary, b The Coverture Fraction is a fraction with a value less than or equal to one, The numerator is the amount of Member's service, as defined by SERS, for the period of time from December 12, 1970 to October 31, 1993, The denominator is the total amount of Member's service, as defined by SERS, on the effective date of Member's retirement. c Fifty-eight percent (58%) of the martial property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 8, Member's retirement benefit is defined as monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc ., , ! t:.....-...' .-. ....... increases, to include the disability portion of any disability annuities paid to member by SERS and to exclude any deferred compensation benefits paid to Member by SERS. The equitable dislribution portion of the marital property component of Member's retirement benefit as set forth in Paragraph Seven (7) shall be payable to Alternate Payee and shall commence as soon as adminislratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later, 9, Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS, This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last nomination of Beneficiaries form filed by the Retiremenl Board prior to Member's death, a, If the last Nomination of Beneficiaries form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as beneficiary, then (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying lhe Balance via the last Nomination .l ,~".." of Beneficiaries form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate, b. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Allernate Payee to check that she has been and continues to be properly nominated under this paragraph, 10, The term and amounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option is selected by Member upon retirement. Member and Alternate Payee expressly agree that, Member may select any retirement option offered by SERS under the Retirement Code al the time Member files an Application for Retirement Allowance with SERS, 11, Alternate Payee may not exercise any right, privilege or option offered by SERS, SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each, 12, In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate " -- '" to the extent of Alternate Payee's equitable distribulion portion of Member's retirement as set forth in Paragraphs Seven through Nine, 13, In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member, Alternate Payee is not enliJled to any benefit not otherwise provided by SERS, The Alternate Payee is only enliJled to the specific benefits offered by SERS as provided in this Order, All olher rights, privileges and oplions offered by SERS not granted to Alternate Payee by this Order are preserved for Member, 14, It is specifically intended and agreed by the parlies hereto that this Order: a, Does not require SERS to provide any type of benefit, or any oplion, not otherwise provided under the Retirement Code, b, Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values, 15, The parties intend and agree that the terms of this Slipulalion and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16, The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporaling this Stipulalion and Agreement, but only for the purpose of establishing il or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit; or any oplion not otherwise provided by 5 to the extent of Alternate Payee's equitable distribution portion of Member's retirement as set forth in Paragraphs Seven through Nine, 13, In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member, Alternate Payee is not entitled to any benefit not otherwise provided by SERS, The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order, All olher rights, privileges , and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 14, It is specifically intended and agreed by the parties hereto that this Order: a, Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code, b, Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values, 15, The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order, 16, The COLlrt of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit; or any option not otherwise provided by 5 SERS. and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order. a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in full effect until further Order of Court. WHEREFORE. the parties. intending to be legally bound by the terms of this Stipulation and Agreement. do hereunto place their hands and seals. PLAINTIFF/MEMBER ATTORNEY FOR PLAINTIFF/MEMBER DEFENDANT/ALTERNATE PAYEE ATTORNEY FOR DEFENDANTI ALTERNATE PAYEE 6 .,.. n; N r ,-. I~.' +..- <).' lI'C . M , ; ~.r I>.. ('1' . ~1 .;..:, " .',. ,~) ;'_: II.. ". ' L.... r.1 ':.-.i ~ (~, t c',' ' ~) ~1 ~ l; 'j -. ..;.. t.:....:l;. :.. i,....ll ''JJ f- C' 1'1.. _. '1 I' n) _J <.) '" U ~ 4 ~ a:: ..... M ffi g :z: ~ < u ~ a V) oil > u i: ~ 5 ~ iil ~ ~ ~ < => .. CQ f] ffi >l '" iil ~ CQ < 0 u . NOV ] 6 1998. ,-:....,"'.....~.+ -_..>r~=, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH J. BOYLES, Plaintiff FAMILY DIVISION v. NO. 94.2121 RONNA L. BOYLES, Defendant IN DIVORCE ORDER AND NOW, this i" day of ,ifrz..."'7 Stipulation and Agreement dated Mk :2,:3. \"\C\'6 1 . 19a1, the attached of the parties in this case is made an Order of Court, J. ~.L~. , \ .L. _~;,-,:",l<..,--.,._ " ~..,....., ...,-.- . "_",_,,,,,,_,~"""""~~'r."""'_~''''''_''t''' ,,.," .,.__.''''.._''' 0:': ;" [!Lf~q";SICE . '" '.-",,')l"'l'lf' """~/1<1 99 ,(:~.v ~fl r' I . il <: Pr. Cu, '... l~;_<''''-I _ ,,_) ;:'~-:'-:f\ ~':l- :'," /..'(/...~\n}, "'.,'...:, (';'\;'/_>; 'I .-.-"'-^-'----" "".....f-,-' , '.1 . "." '-"---:0- -,' . . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH J. BOYLES, Plaintiff FAMILY DIVISION v. NO. 94-2121 RONNA L. BOYLES, Defendant IN DIVORCE STIPULATION FOR THE ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this 2 ~ d.. day of O~~ , 199B, the parties, Kenneth J. Boyles, Plaintiff and Ronna L. Boyles, Defendant do hereby Agree and Stipulate as follows: 1. The Plaintiff, Kenneth J. Boyles, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employee's Retirement System (hereinafter referred to as "SERS"), 2, SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S.A. Section 5101-5956 ("Retirement Code"), 3. Member's date of birth is August 26, 1949 and his social security number is 210-40-4957, 4. The Defendant Ronna L. Boyles, (hereinafter referred to as "Alternate Payee") is former spouse of Member. Alternate Payee's date of birth is October 7, 1949 and her social security number is 191-42-9831. .... 5. Member's last known mailing address is: 1516 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 6. Alternate Payee's current mailing address is: 103 West South St., Carlisle, Cumberland County, Pennsylvania 17013, It is responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times, 7. The marital property component of Member's retirement benefit equals the Coverture Fraction multiplied by the Member's retirement benefit on the effective date of Member's retirement calculated by using the Member's final average salary on October 31, 1993, instead of the Member's actual final average salary. 8. The Coverture Fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by SERS, for the period of time from December 12, 1970 to October 31, 1993. The denominator is the total amount of Member's service, as defined by SERS, on the effective date of Member's retirement. 9. Fifty-aight percent (58%) of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 10. Member's retirement benefit is defined as monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, to include the disability portion of any disability annuities paid to member by 2 " SERS and to exclude any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit as set forth in ParaQraph Seven (7) shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 11. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last nomination of Beneficiaries form filed by the Retirement Board prior to Member's death. a, If the last Nomination of Beneficiaries form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as beneficiary, then (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries form filed with the Retirement Board prior to Member's death, Alternate 3 ,..-,-...-~-~. ~ " Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. b. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph, 12. The term and amounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option is selected by Member upon retirement. Member and Alternate Payee expressly agree that, Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS, 13. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 14. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement 4 . ',2rz:0,"?~\~~':-'~(~'1: as set forth In Paragraphs Seven (7) through Twelve (12), 15. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS, The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order, All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member, 16, It is specifically intended and agreed by the parties hereto that this Order: a, Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code, b. Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values, 17. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 18. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit; or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend 5 .' : will invalidate this existing Order. 19. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately, The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in full effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals, ~"'~';;~ER ER ATTORNE E rJ2M~ PAYEE ATTORNEY FO~ DEFENDANTI ALTERNATE PAYEE 6