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94-02218
9 F-W 0 f ':?' ':V• •:1• •:r• eve •:e:' •:e:• ':e:' ':ei W. 'W. '.e:• ':e:• *' ':e:• •:?•. ?e?' ':ei' '.e:' ;ei? \??' '??' ':ei' ;e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF ,ow -, - :• RICHARD MANNING. :. ju...... 94-2218,. ...CIVIL., ly 94 Plaintiff 'i;, ?'orsus RITA.M. MANNING, Defendant i DECREE IN DI VORCE 19.96. it is ordered and y AND NOW,.. ?P. ril..... Y ........... decreed that ...Richard.Manning ................................ plaintiff, t' f and ... Rita. M... Manning ........................................ 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; The terms of, the parties'. Separation and Property. Settlement•Agre?m?n•, entered, into on March.11 ,..19.9.5 .dXP,.incQZpQZdted .hELeR.. ; :'/ i? Rv The Cot t m/?// Attest:N J. 'rolhonolnry ?/ 0 •:?> ?•r. :e> ?:e> •:e:• ?:e:• <e:• :e:? te:• :r. :e:? ce: tr.• ;e:• :e:• te:• •:e:? ?:e> •:e:• •:e: :e:.. SEPARATI AZTTLEx THIS AGREEMENT made this and between Rita Manning of referred to as "Wife"), and Pike, Lot 406, Mechanicsburg, to as "Husband"). WITNESSETH: )N AND PROPERTY ;NT AGREEMENT //'b day of 1996, by Vera Beach, Florida, (hereinafter Richard Manning of 6280 Carlisle Pennsylvania (hereinafter referred WHEREAS, Husband and Wife were lawfully married on September 30, 1972 in Allegheny County, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have chosen to live separate and apart from each other; and WHEREAS, Husband has discussed with his attorney, Bradley L. Griffis, Esquire, and Wife has discussed with her attorney, David W. DeLuca, Esquire, their assets and liabilities as of the date of this Agreement, and both having been advised by their attorneys of their rights and desires to the provisions hereinafter set forth. NOW, THEREFORE, the parties hereto intending to be legally bound hereby do covenant and agree: 1. Separation: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or dean fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. ¦ 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. ]. Wife's Debts: Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her other than those debts incurred pursuant to any sections of this Agreement. 4. Husband's Debts Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by her other than those debts incurred pursuant to any section of this Agreement. 5. outstanding Joint Debts: There are no joint debts due or outstanding at present nor were there such debts due at the time of the parties' separation. Each party confirms to the other that they have not incurred any additional joint debt upon which the other would have liability. 6. Mutual Release: subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, I release and discharge the other of and from all causes of action, claims, rights or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or any action to enforce this Agreement. 7. Alimony. Alimony Pendente Lite. Spousal Support and Maintenance: The parties acknowledge that Husband has an obligation for alimony pendente lite and will continue to have an obligation for alimony upon completion of the parties' divorce. With this in mind, the parties stipulate and agree as follows: (a) Effective June 1, 1995, the alimony pendente lite obligation of Husband to Wife was SIX HUNDRED THIRTY-THREE AND 75/100 ($633.75) DOLLARS per month. This amount shall be due and owing from Husband to Wife as alimony pendente lite, and as alimony upon the completion of the parties, divorce, for the period through and including the month of May, 1996. This amount shall be paid through the Cumberland County Domestic Relations Office to the account docketed as DR #14,227, and No. 153 Support 1987. Any sums not previously paid for the period from June 1995 through May 1996, inclusive, shall be calculated as arrearages due and owing under the above referenced support or alimony pendente lite action; (b) Effective with the month of June 1996, Husband's alimony obligation shall be TWO HUNDRED THIRTY-ONE AND 83/100 ($231.83) DOLLARS per month. In addition to this amount, Husband shall be obligated to pay TWENTY AND XX/100 ($20.00) DOLLARS per week, or the sum of EIGHTY-SIX AND 67/100 ($86.67) DOLLARS per month to be applied toward the accumulated arrearages referenced in sub-paragraph (a) above; (c) The alimony obligation of Husband to Wife shall cease upon Wife's death or upon Husband's death; and (d) The alimony obligation is non-modifiable, although it shall be enforced through the Cumberland County Domestic Relations Office by wage attachment against Husband's retirement through the civil service Retirement System from his prior employment with the United States Government. Except for the specific amounts described above, Husband shall have no additional obligation of any nature toward Wife relative to alimony, alimony pendants lite, spousal support or separate maintenance. 8. Division of Personal Property: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property, including automobiles, which have heretofore been used by them in common, and neither will make any claim to any such items which are in the possession or under the control of the other. 9. Division Real Property: The parties acknowledge that they do not own real estate and that neither of them have an interest in real estate at this time, whether that be individually or as joint owners with third parties. There is no real estate to distribute in these proceedings. 10. Insurance and Other Benefits: The parties acknowledge that Husband is maintaining a life insurance policy that he was permitted to retain upon his retirement from his employment with the United States Government. Husband shall maintain the premiums on that life insurance policy, which is understood to be a policy with a death benefit of TWENTY-NINE THOUSAND AND XX/100 ($29,000.00) DOLLARS, and shall keep Wife named as the sole beneficiary of that life insurance policy from this time forward. In the event Wife pre-deceases Husband, Husband shall be entitled to designate a new beneficiary on that life insurance policy at [Jinn request by Wife, Husband shall provide written prmE from the ? that time. [sited States Government that Wife is the sole irr?vmcahle beneficiary of thiB ki:fe s ace oolicv,for thq rest of her natural life. ?m ?ne'parties acknowledge that neither of them have any claim whatsoever to any insurance benefits, retirement benefits, or similar benefits due or occurring to the other party of anp nature whatsoever. 11. Waiver of Claims Acainst Estates: 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 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and 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. This Paragraph shall not affect either party's right or power to expressly include the other party in any will or other document, whether written in the past or in the future. 12. Retirement Benefits: The parties acknowledge that Husband has secured certain benefits through his prior employment with the United States Government and his current retirement, which includes payments from the Civil Service Retirement System. The parties further acknowledge that Husband has made appropriate accommodations for Wife to receive financial benefits from Husband's retirement through the payment of alimony as described in paragraph 7 above. As such, Wife will make no additional claim of any nature whatsoever relative to any retirement account or retirement funds received by Husband in the past or to be received by Husband in the future. Similarly, in the event that Wife has any retirement funds of any nature whatsoever that are payable to her now or would be distributed to her in the future, Husband waives and relinquishes any rights or interest he has in those retirement benefits. 13. Enforceability and Consideration: This Agreement shall i survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration of this contract and agreement is a mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney0s fees, as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. 14. Counsel Fees: The parties have been fully informed of and acknowledge their right to make a claim for counsel fees in the presently pending divorce proceedings, but hereby make a full, complete and voluntary waiver of that right. 15. Enforcement: The parties agree that this Agreement should be made a part of any final divorce order or decree which would result if either party pursues a divorce action to dissolve the parties' marriage. IN WITNESS WHEREOF, the parties hereunto set their hand and seals the day and year first mentioned above. TNESSES: uc 31 1, Date RITA MANNING 12,1'( 1h ZI: Date RICHAJW NANNIN STATE OF FLORIDA ) COUNTY OF-Z;rl'G"j ?? r ) On this the l6-/- day of undersigned officer, personally appeared as (or satisfactorily proven) to be the subscribed to the within Agreement and executed the same for the purposes thereil IN WITNESS WHEREOF, I hereunto set seal. VICKI CUNNINGH" Notuy Publk. Stw of Florida My Comm. axpun July 12. 120 Comm. No. CC 479946 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF CUMBERLAND ) , 1996, before Rita Manning, person whose acknowledged 1 contained. my hand and e me, the )mown tc name is that she official On this the 114 day of 1-,&je C. , 1996, before so, the undersigned officer, personally appeared Richard Manning, ]clown to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. , 1 Notarial Sev , Rodn J. Ciostam. Notary PubNc Carlisle Born, CumncrlarM County bty Commission E:pra. apnl t 7, t gg9 RICHARD MANNING, Plaintiff VS. RITA M. MANNING, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2216 CIVIL 1994 Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) Z8ft4>(XW*M of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: by certified mail, restricted delivery on May 2, 1994 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: March 11, 1996 ; by Defendant March 1, 1996 (b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the Plaintiff's affidavit upon the Defendant: N/A 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file prascipe to transmit record, and attach a copy IN of said notice under Section 3301(d)(1)() of the Divorce Code. N/A RICHARD NANNING# Plaintiff z IN THE COURT OF COMMON PLEAS t CUMBERLAND COUNTY# PENNSYLVANIA vs. s CIVIL ACTION - LAW RITA N. NANNING# s NO' q q- d,918 l e ral Defondant = IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretriev- able breakdown of the marriage, you may request marriage counsel- ing. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsyl- vania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER- TY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4th Floor One Courthouse Square Carlisle, PA 17013 (717) 240-6200 RICRARD MANNINOj s IN THE COURT OF COMMON PLEAS Plaintiff s CUXBERLAND COUNTY# PENNSYLVANIA i Vs. i CIVIL ACTION - LAN ` NO* `1N aai8 Ciw'I Term RITA M. MANMINOj s Defendant a IN DIVORCE COMPLAINT UNDER 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Richard Manning, an adult individual, who resides at 6280 Carlisle Pike, Lot No. 46, Mechanicsburg, Cumber- land County, Pennsylvania. 2. Defendant is Rita M. Manning, an adult individual, whose last known address was P. O. Box 6652, Vero Beach, Florida. 3. Plaintiff has been a bona fide resident in the Common- wealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 30, 1972, at Allegheny County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require that the parties participate in counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce &V&KA- . Bath L. Winters, Esquire TURNER AND O'CONNELL 258 North Street P. O. Box 1123 Harrisburg, PA 17108 (717) 232-4551 Attorney for Plaintiff 2 I verify that the statements made in the foregoing Complaint Under Section 3301(d) of the Divorce Code are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ZO ?2? py l/?6 ?? Richard Manning 3 RICHARD NANNINGr _ Plaintiff s s vs. s i RITA M. MANNINaj _ Defendant : IN THE COURT OF COMMON PLEAS CONBERLAND COUNTYp PENNSYLVANIA CIVIL ACTION - LAN No. IN DIVORCE If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. Plaintiff's Affidavit Under Section 3301(4) of the Divorce Code 1. The parties to this action have continued to live separate and apart for a period of at least two years, since 1986. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. i verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Richard Manning jey? ? 0 -• T 1't77 N a?. \ K r` a <'s v C O r a a w z? a ;ooWe?y„ 44 N?j ?-_ 4014 x Z N .rq 41 ? j C 4CC O z~mU? O c7 .i O) 44 .i w a o d .= v zi Cd cc tom- = a £ m a H H F H U O P~L ?.•? P4 Law Offices of TURNER AND O'CONNELL z RICHARD MANNING, Plaintiff VS. RITA M. MANNING, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania Civil Action - Law No. 94-2218 Civil Term In Divorce I, Stacey A. Fogle, Secretary in the law firm of Turner and O'Connell, hereby certify that a conformed copy of the Complaint in Divorce was served on the Defendant, Rita M. Manning, by Certified Claim No. P-516-102-455, restricted delivery, return receipt requested, by depositing the same in the United States mail at Harrisburg, Pennsylvania, pursuant to Rule 1920.4 of the Amendments of the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As evidenced by the green return receipt card attached hereto, the Complaint was received by said Defendant on May 2, 1994. Stacey A. Foc;Re N 1 •SENDERt Complete Items t end 2 when additional services are desired, and complete It"" OC ?! and 4. Put your address In the "RETURN TO" Space on the reverse olds. Failure to do thlo w111 prevent thla cord from being retumed to you. or add l one ees t • o IOW ng esrv es am sea e R COMP ' "Ipgebneetsr or ese end Check boa es for additional sarvlce(r) requ d, L D Show to whom dellvared, date, and addresses's address. 2. Restricted Delivery t (Extra charre)t (Extra chorpe t ` .. .' isle Addressed to: 4 Article Number M.l.tr.+ m . 1 1 W 1 ? 1?? Type of Service: . ^ O p?? Registered, ? Insured . ? COD ?. . LI EPIreu Mail Qfo VlC?Jt??tI ?? 3a??U Always obtain signature of addrwen.,;; oreoenf and DATE DEI_IVEttED. Lure - Addressee / x S. Addressee's Address /ONL Y if requested and fee paid/ .-Signature - Agent X 7. Date of Delivery 2 ro rvrm uu/ rr•mes..lla/ f tWLR0. 19e7.17&26e DOMESTIC RETURN RECEE+T RICHARD MANNING, Plaintiff Vs. RITA M. MANNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2218 CIVIL TERM IN DIVORCE 1. I consent to the entry of a final decree in 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 a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: 3 I-I G , ' RICHARD MAN RING, Plaintiff :. :: ?? o -- w?_ _ - ?y5 = ` G; ?`i p r - .? LL... r LL ? - ! C1 i- i` i'.. ? ' ?•? - c. ? J RICHARD MANNING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 94-2218 CIVIL TERM RITA M. MANNING, Defendant IN DIVORCE AFFIDAVIT OF CON88NT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on April 28, 1994- 2. The marriage of Plaintiff and.Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce aft or service of notice of intention to request entry of the decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. )LiRITA M. MANNING, Defendant C'7 lY © ? 1' CS i RICHARD MANNING, Plaintiff Vs. RITA M. MANNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2218 CIVIL TERM IN DIVORCE 1. A Complaint in Divorce under Section. 3301(c) of the Divorce Code was filed on April 28, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 : RICHARD MANNING, Plaintiff ?` C: i-' 111 C - C? u. ? [:_ l";. ?. - ?? tY? ? . .r . a... ? _ _- t ? ?. ; • - ,:. ? ntha RICHARD MANNING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 94-2218 CIVIL TERM RITA M. MANNING, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE TINDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: RITA M. MANNING, Defendant r o F_= U` N _ C - _ c.? j, .. . C ` .? LL... . , _! C?- ?_ ? tt? 1. _ RICHARD MANNING, Plaintiff Vs. RITA M. MANNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 2218 IN DIVORCE ORDER OF COURT AND NOW, this IT day of? 1996, the economic claims raised in the proceedings having been resolved in accordance with a separation and property settlement agreement dated March 11, 1996, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Harold E. Shee , P.J. cc: Bradley L. Griffie Attorney for Plaintiff David W. DeLuce Attorney for Defendant i r.. ,-; . , - ?, . '.) ? ? ? n f i i ? ? .. . I ..?.. .JAL,. ? ?'.'-. 1 r } i e r. SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this //'0:6 day of 1996, by and between Rita Manning of Vera Beach, Florida, (hereinafter referred to as "Wife"), and Richard Manning of 6280 Carlisle Pike, Lot 406, Mechanicsburg, Pennsylvania (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 30, 1972 in Allegheny County, Pennsylvania; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have chosen to live separate and apart from each other; and WHEREAS, Husband has discussed with his attorney, Bradley L. Griffis, Esquire, and Wife has discussed with her attorney, David W. DeLuca, Esquire, their assets and liabilities as of the date of this Agreement, and both having been advised by their attorneys of their rights and desires to the provisions hereinafter set forth. NOW, THEREFORE, the parties hereto intending to be legally bound hereby do covenant and agree: 1. Separation: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. -i 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if i he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. Wife's Debts: Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her other than those debts incurred pursuant to any sections of this Agreement. a. Husband's Debts Husband represents and warrants to Wife that he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by her other than those debts incurred pursuant to any section of this Agreement. 5. Outstanding Joint Debts: There are no joint debts due or outstanding at present nor were there such debts due at the time of the parties' separation. Each party confirms to the other that they have not incurred any additional joint debt upon which the other would have liability. 6. Mutual Release: subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or any action to enforce this Agreement. 7. Alimony. Alimony Pendente Lite Spousal Support and Maintenance: The parties acknowledge that Husband has an obligation for alimony pendente lite and will continue to have an obligation for alimony upon completion of the parties' divorce. With this in mind, the parties stipulate and agree as follows: (a) Effective June 1, 1995, the alimony pendants lite obligation of Husband to Wife was SIX HUNDRED THIRTY-THREE AND 75/100 ($633.75) DOLLARS per month. This amount shall be due and owing from Husband to Wife as alimony pendent* lite, and as alimony upon the completion of the parties' divorce, for the period through and including the month of May, 1996. This amount shall be paid through the Cumberland County Domestic Relations Office to the account docketed as DR #14,227, and No. 153 Support 1987. Any sums not previously paid for the period from June 1995 through May 1996, inclusive, shall be calculated as arrearages due and owing under the above referenced support or alimony pendente lite action; (b) Effective with the month of June 1996, Husband's alimony obligation shall be TWO HUNDRED THIRTY-ONE AND 83/100 ($231.83) DOLLARS per month. In addition to this amount, Husband shall be obligated to pay TWENTY AND XX/100 ($20.00) DOLLARS per week, or the sum of EIGHTY-SIX AND 67/100 ($86.67) DOLLARS per month to be applied toward the accumulated arrearages referenced in sub-paragraph (a) above; (c) The alimony obligation of Husband to Wife shall cease upon Wife's death or upon Husband's death; and (d) The alimony obligation is non-modifiable, although it shall be enforced through the Cumberland County Domestic Relations Office by wage attachment against Husband's retirement through the Civil Service Retirement system from his prior employment with the United States Government. Except for the specific amounts described above, Husband shall have no additional obligation of any nature toward Wife relative to alimony, alimony pendente lite, spousal support or separate maintenance. 8. Division of Personal Property: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property, including automobiles, which have heretofore been used by them in common, and neither will make any claim to any such items which are in the possession or under the control of the other. 9. Division Real Property: The parties acknowledge that they do not own real estate and that neither of them have an interest in real estate at this time, whether that be individually or as joint owners with third parties. There is no real estate to distribute in these proceedings. 10. Insurance and other Benefits: The parties acknowledge that Husband is maintaining a life insurance policy that he was permitted to retain upon his retirement from his employment with the United States Government. Husband shall maintain the premiums on that life insurance policy, which is understood to be a policy with a death benefit of TWENTY-NINE THOUSAND AND XX/100 ($29,000.00) DOLLARS, and shall keep Wife named as the sole beneficiary of that life insurance policy from this time forward. In the event Wife pre-deceases Husband, Husband shall be entitled to designate a new beneficiary on that life insurance policy at Linn request by Wife, Husband shall provide written prmf from the that time. United States Gavernwnt that Wife is the sole irret-icahle tteneficiary of thiB,;ife ins ace oolirv, far the rest of her natural, life. insurance acknowledge that neither of them have any claim whatsoever to any insurance benefits, retirement benefits, or similar benefits due or occurring to the other party of and nature whatsoever. 11. Waiver of Claims Against Estates: 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 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, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or .ry N advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. This Paragraph shall not affect either party's right or power to expressly include the other party in any will or other document, whether written in the past or in the future. 12. Retirement Benefits: The parties acknowledge that Husband has secured certain benefits through his prior employment with the United States Government and his current retirement, which includes payments from the Civil Service Retirement System. The parties further acknowledge that Husband has made appropriate accommodations for Wife to receive financial benefits from Husband's retirement through the payment of alimony as described in paragraph 7 above. As such, Wife will make no additional claim of any nature whatsoever relative to any retirement account or retirement funds received by Husband in the past or to be received by Husband in the future. Similarly, in the event that Wife has any retirement funds of any nature whatsoever that are payable to her now or would be distributed to her in the future, Husband waives and relinquishes any rights or interest he has in those retirement benefits. 13. Enforceability and Consideration: This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration of this contract and agreement is a mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees, as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. 14. Counsel Fees: The parties have been fully informed of and acknowledge their right to make a claim for counsel fees in the presently pending divorce proceedings, but hereby make a full, complete and voluntary waiver of that right. 15. Enforcement: The parties agree that this Agreement should be made a part of any final divorce order or decree which would result if either party pursues a divorce action to dissolve the parties' marriage. IN WITNESS WHEREOF, the parties hereunto set their hand and seals the day and year first mentioned above. TNESSES: Date RITA MANNING Date RICHARD MANNING STATE OF FLORIDA COUNTY OF ,Lt/7 h/? ?? /"' ) On this the /.57L day of ' Ibtrd, , 1996, before me, the undersigned officer, personally appeared Rita Manning, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOP, I hereunto set my hand and official seal. ACp cuNMINGHAY Notary public, State of floddl / c My comm. expires July 12, 1999 Comm. No. CC 479915 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) On this the //t? day of ly Zj, ,L 1996, before me, the undersigned officer, personally appeared Richard Manning, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notenal seal ission c,pra, .april 17. Ih I:i RICHARD MANNING, Plaintiff vs. RITA M. MANNING, Defendant STATUS SHEET m! DATE: V/7-/ Iq --' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2218 CIVIL 19 94 IN DIVORCE ACTIVITIES: -t? W,1-11 ?rld+'4Yr d4k cLn/ AIZ P-0 14 1 1 `(: a •NJ V-\/-, c-i (/Ihko n,d 1i 4. b OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter Barbara J. Yunis Attorney at Law GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 April 12, 1995 West Shore 697.0371 Ext. 6535 David W. DeLuce, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER Third and Market Streets P.O. Box 109 Lemoyne, PA 17043 RE: Richard Manning vs. Rita M. Manning No. 2218 Civil 1994 In Divorce Dear Ms. Yunis and Mr. DeLuce: By order of court of President Judge Harold E. Sheely dated April 10, 1994, the full-time Master has been appointed in the above referenced divorce oroceedinas. A divorce complaint was filed on April 28, 1994, by attorney Beth L. Winters. Ms. Winters has not withdrawn her appearance in the action for the Plaintiff; however, Barbara J. Yunis has entered her appearance. I request that a withdrawal of appearance be entered by Ms. Winters. A review of the file indicates to me that there is an issue with regard to date of separation. Mr. Manning avers that the parties have been separated since 1986; Ms. Manning avers that the parties separated on February 17, 1987. Inasmuch as the date of separation may be important in valuing assets, I am asking counsel if they can agree to a date of separation by stipulation. If not, please get in touch with my office immediately so we can schedule a hearing on the date of separation issue only before getting into the issues involving the economic claims. Ms. Yunis and Mr. DeLuce, Attorneys at Law 12 April 1995 Page 2 I will expect to hear from counsel within the next ten (10) days. Very truly yours, E. Robert Elicker, II Divorce Master . Beth L. Winters i f OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert Elicke?, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter April 20, 1995 West Shore 697.0371 Ext. 6535 Barbara J. Yunis David W. DeLuce, Esquire Attorney at Law JOHNSON, DUFFIE, STEWART GRIFFIE & ASSOCIATES & WEIDNER 200 North Hanover Street Third & Market Streets Carlisle, PA 17013 Lemoyne, PA 17043 RE: Richard Manning vs. Rita M. Manning No. 2218 Civil 1994 In Divorce Dear Ms. Yunis and Mr. DeLuce: 1 am in receipt of a letter dated April 20, 1995, from Barbara J. Yunis indicating that the parties will stipulate that the date of separation was January 28, 1987. Since Attorney Beth Winters is apparently not available to withdraw her appearance, perhaps the law firm where she was an associate should be required to withdraw the appearance for Beth Winters. Presumably, her association with Turner and O'Connell would make them the law firm of record for the husband. The counterclaim in the action raises equitable distribution, alimony, and counsel fees and expenses as economic issues. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pre-trial statement on or before Friday, May 12, 1995. Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to Ms. Yunis and Mr. DeLuca, Attorneys at Law 21 April 1995 Page 2 disuse the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file 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. 4,h, OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240.6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter Barbara J. Yunis Attorney at Law GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 May 3, 1995 West Shore 697-0371 Ext. 6535 David W. DeLuca, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER Third and Market Streets P.O. Box 109 Lemoyne, PA 17043 RE: Richard Manning vs. Rita M. Manning No. 2218 Civil 1994 In Divorce Dear Ms. Yunis and Mr. DeLuce: I am writing in response to Mr. DeLuce's letter of May 2, 1995, indicating that counsel are essentially in agreement that the date for filing pre-trial statements should be extended. I am, therefore, withdrawing the directive to file pre-trial statements on or before May 12, 1995. Counsel are directed to file pre-trial statements in accordance with P.R.C.P. 1920.33(b) on or before Monday, June 12, 1995. Very truly yours, E. Robert Elicker, II Divorce Master GRIFFIE & ASSOCIATES &uour L. GRrea ATTORNEYS AND COUNSELORS AT LAW 200 Nonni HANOVER STREET FReD H. HUT CiARUKZ, PA 17013 Mceeui R. ST. Cuw (717) 243.5551 &ReuN J. Yuwe• 1 (600) 347.5552 JENIeeeR C. DUrcHwN FAX 717.243.5063 TRAY L. LEN CNANeenseuRG TRup BuRD,NO LEo L ASMSTANT Suite 550.14 Nom Mum STRerr CNwecRseuno, PA 17201 Rom J. GosNom (717) 267.1350 Once MANAGER REPLY To: CuusLff 'N10 uoeMSSD TO w awMew Vp June 8, 1995 E. Robert Elicker., IT, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Manning Dear Bob: I would request a general continuance regarding the filing of Pre-Trial Statements in the above action. Attorney DeLuce is in agreement with this continuance. Very truly yours, GRIFFIE & ASSOCIATES /M C?? Y Bar ara J. Yuriis BJY/jml cc: David DeLuce, Esquire Richard Manning 4'A. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240.6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Ohba Manager/Reporter Barbara J. Yunis Attorney at Law GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 June 8, 1995 RE: Richard Manning vs. No. 2218 Civil 1994 In Divorce Dear Ms. Yunis and Mr. DeLuce: West Shore 697-0371 Ext. 6535 David W. DeLuce, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER Third and Market Streets Lemoyne, PA 17043 Rita M. Manning Pursuant to the request of Attorney Yunis, which apparently is acceptable to Attorney DeLuce, the directive to file pre-trial statements on Monday, June 12, 1995, is withdrawn. Counsel are to let the Master know when they are ready for another directive to be issued. Very truly yours, E. Robert Elicker, II Divorce Master HORACE A. IOHNSON JERRY R. DUFFIF RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS JAMES A. JOHNSON DAVID W. DELUCE RALPH H. WRIGHT, IR. DAVID 1. LANZA 105EPH L. HITCHINCS LAW OffICES JOHNSON, DUFFIE, STEWART J WEIDNER 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 TELEPHONE 717-761-4540 TELECOPIER 717.761.3015 May 2, 1995 E. Robert Elicker, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Richard Manning v. Rita M. Manning No. 2218 Civil 1994 In Divorce Dear Mr. Elicker: This will acknowledge receipt of your letter dated April 20, 1995 requiring the filing of Pre-Trial Statements on or before May 12, 1995. Attorney Barbara J. Yunis has requested a one (1) month extension to the filing of the Pre-Trial Statements because she is not yet in receipt of Mr. Manning's pension information. Since I also need that information to prepare my Pre-Trial Statement, I agree with her request and am therefore, asking that you extend the time for filing the Pre-Trial Statements to June 12, 1995. Thank you for your attention to this matter. Very truly yours, JOHN?ON, DUFFIF, STEWART & WEIDNER .1 L kvid'W. DeLuce DWD:mh:43557 cc: Barbara J. Yunis, Esquire Rita Manning OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240.6535 E. Robert Elicker, 11 West Shore Divorce Master 697.0371 Ext. 6535 Traci Jo Colyer Orifice Manager/Reporter September 5, 1995 Bradley L. Griffie, Esquire David W. DeLuce, Esquire GRIFFIE & ASSOCIATES JOHNSON, DUFFIE, STEWART 200 North Hanover Street & WEIDNER Carlisle, PA 17013 Third and Market Streets P.O. Box 109 Lemoyne, PA 17043 RE: Richard Manning vs. Rita M. Manning No. 94 - 2218 In Divorce Dear Mr. Griffie and Mr. DeLuce: I am writing in response to Mr. Griffie's letter of August 24, 1995, wherein he indicates that negotiations have not been successful in resolving this case. Consequently, 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. RICHARD MANNING, Plaintiff VS. RITA M. MANNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2218 CIVIL 1994 IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Bradley L. Griffie David W. DeLuce , counsel for Plaintiff , 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 31st day of October, 1995, at 2:00 p.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: 10/4/95 E. Robert Elicker, II Divorce Master Bradley L. Griffie, Attorney for Plaintiff, has not filed a pre-trial statement as of the date of this notice. David W. DeLuce, Attorney for Defendant, filed a pre-trial statement on September 25, 1995. RICHARD MANNING, Plaintiff VS. RITA M. MANNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2218 CIVIL 1994 IN DIVORCE ORDER AND NOTICE SETTING HEARING To: Richard Manning Plaintiff Bradley L. Griffie Counsel for Plaintiff Rita M. Manning Defendant David W. DeLuce 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 11th day of March , 1996, at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Date of Order and By the Court, Harold E. Sheely, Presi n judge Notice: 10/31/95 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 RICHARD MANNING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 2218 CIVIL 1994 RITA M. MANNING, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Tuesday, October 31, 1995 Present for the Plaintiff, Richard Manning was attorney Bradley L. Griffie, and present for the Defendant, Rita M. Manning was attorney David W. DeLuce. Also present with Mr. DeLuce was Mark Duffie who is a law clerk. A divorce complaint was filed on April 28, 1994, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint also had attached an affidavit under Section 3301(d) averring that the parties have been separated since 1986, a period in excess of two years. On May 9, 1994, the Defendant filed an answer and counterclaim. In the counterclaim she raised the economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. On the same date, the Defendant filed a response to Plaintiff's affidavit under section 3301(d) averring that the parties separated on or about January 28, 1987. Counsel have agreed that the separation occurred shortly after the fire in the marital home, which was in January 1987, so the date of separation is not an issue. With respect to the grounds for divorce, counsel have advised that their clients will sign and file affidavits of consent so that the divorce may be concluded under Section 3301(c) of the Domestic Relations Code. The parties were married on September 30, 1972, and have no children between them. This is a second marriage for each of the parties. The issue of marital misconduct is not foreclosed as it relates to the alimony claim of wife; however, counsel need to determine whether or not they want to spend any considerable amount of time on that issue inasmuch as the parties apparently agree that husband was having mental health problems and did set the marital home on fire. In addition, however, wife's counsel has indicated that wife was subject to certain physical abuse incidents. Husband is 60 years of age and resides in a mobile home at 6280 Carlisle Pike, Lot 406, Mechanicsburg, Pennsylvania, where he lives alone. He was employed by the federal government at the New Cumberland facility and retired and began receiving retirement payments in September 1995. Husband's pension payments are $599.00 per month gross and he also receives a disability payment in the amount of $580.00 per month gross. The sum of the two payments represent the total income of husband. Husband's counsel has raised the mental health issue of his client averring that Mr. Manning has paranoid schizophrenia and has had a continuing problem with that illness. Mr. Griffis had a file apparently filled with medical records which file is available to wife's counsel. Counsel need to determine whether or not they can agree as to whether or not husband has been properly diagnosed with this illness. A major issue in this case affected by the determination of how husband's illness affects his ability to function, is whether or not husband can supplement his retirement income by some kind of minimal employment. The question raised by wife's counsel is whether or not we should attribute an earning capacity to husband based on an ability to work at a minimum wage job to supplement his income. Counsel and the Master have discussed the earning capacity issue and the Master leaves it up to counsel to determine how they wish to approach this issue with respect to the hearing. As pointed out, husband will probably highlight his medical history and wife will make the averment that husband can earn some kind of additional income. Without the benefit of experts, we may be in a difficult position to find that husband has an earning capacity or does not have an earning capacity. The Master does recognize, however, that neither party has any funds to gain the assistance of experts in this case which leaves a real dilemma to counsel in the preparation of the case with respect to that issue. Wife is 72 years of age and resides in Vero Beach, Florida, in subsidized housing in an apartment where she lives alone. Her mailing address is P.O. Box 6652, Vero Beach, Florida 32960. Wife has a social security payment, which she receives monthly in the amount of $324.00 and supplements her income as a school crossing guard employed by the City of Vero Beach. That income is around $300.00 per month. Wife was receiving support from husband in the amount of $146.00 per week but since husband retired and has filed a petition to review the support, wife has not received any support payments since June 1995. Wife has not raised any specific health issues. Husband currently has deducted from his pension a sum of $137.00 per month for medical benefits for himself and his wife. We note that wife is on Medicare but apparently there is some supplemental insurance available to her but as her counsel pointed out, the supplemental insurance is not too helpful since the provider is more involved in Pennsylvania then in Florida. In any event, counsel are requested to determine how a divorce, if it will, will affect the payment for medical insurance that is deducted from husband's pension. Husband further has deducted from his pension a survivor benefit for wife which costs $58.00 per month and life insurance which we expect has named wife as a beneficiary which costs $10.00 per month. When the marital home was set a fire by husband, wife made a claim for restitution through the Cumberland County courts and was awarded the sum of $1,600.00 which was paid back to her by husband over a period of time. The list of household tangible personal property attached to wife's pre-trial statement is a list of property which wife claims was destroyed in the fire. At the time of the fire wife had a vehicle (a 1985 Nissan) which had a lien against it in the amount of $3,800.00. Wife in order to keep the car had to refinance the lien and make payments on the loan to pay off the car. Husband had a vehicle at the time of separation and he also, according to counsel, put certain items of tangible personal property in the vehicle to save them from the fire. Whether or not the value of those items and the vehicle of husband's are going to be important in this case will be up to counsel. Specifically, counsel will have difficulty most likely in trying to arrive at a value for that vehicle and those items of tangible personal property. Counsel for husband did indicate that he believes the vehicle was traded in and perhaps we can use a trade in value on that vehicle as a basis for the value. At the time husband retired he received a lump sum benefit from his pension netting him $16,687.50. The Master inquired of husband's counsel as to what happened to the money and the best answer Mr. Griffie could provide was that he thought Mr. Manning bought a vehicle and may have a small amount of cash left, although that is uncertain. Mr. Griffie is requested to inquire of his client more specifically as to what happened to the $16,687.50. There is also a question as to whether or not that money received by husband was in any way marital since the parties had separated over 8 years ago. All of that money may have, in fact, been nonmarital. In any event, we are entitled to look at other assets of husband in helping us resolve this case even though those assets may be nonmarital assets. The Master has suggested that an alternative way to work toward a resolution in this case other than trying to use percentages is to look at the needs of the parties and their respective incomes. At issue, as previously noted, is husband's earning capacity and also at issue is whether or not we should consider the fact that husband's pension has not had deducted the social security benefit taking into account the Cornbleth case. Other issues factor into the way the case can be approached. Mr. DeLuce has indicated that his client is looking for a way to maintain herself and have her bills paid, which seems to be her primary concern at the moment. As the Master indicated, should circumstances change, any alimony that would be awarded would be indeterminate so that the alimony amount could be reviewed upon petition of either party upon a showing of changes circumstances. For instance, those circumstances that could change could be husband securing a part-time job or wife's loss of her job as a crossing guard and the subsequent loss of that income from the City of Vero Beach. A hearing is scheduled for Monday, March 11, 1996, at 9:00 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master cc: Bradley L. Griffis Attorney for Plaintiff David W. DeLuce Attorney for Defendant a'b. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240.6535 E. Robert Elicker, 11 Divorce Master Traci Jo Cotyer Office Manager/Reporter Bradley L. GRIFFIE & 200 North Carlisle, RE: West Shore 697.0371 Ext. 6535 February 9, 1996 Griffie, Esquire ASSOCIATES Hanover Street PA 17013 Richard Manning No. 94 - 2218 In Divorce David W. DeLuce, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043 vs. Rita M. Manning Dear Mr. Griffie and Mr. DeLuce: I am writing as a follow-up to our conference on October 31, 1995. In reviewing the memorandum I note the following issues were discussed and I am writing to determine the current status of the case with respect to those issues. 1. Counsel indicated that the parties will sign and file affidavits of consent. Those affidavits have not yet been filed. 2. Counsel indicated that they wanted to leave the issue of marital misconduct open relating to wife's alimony claim. I would like to know what the status of that issue is and whether or not we need to address marital misconduct as a factor in the case as it relates to wife's alimony claim. 3. Counsel were going to determine whether they could agree as to the matter of whether or not husband was diagnosed as a paranoid schizophrenic. I would like to know the status of that issue. i:..... Mr. Griffis and Mr. DeLuce, Attorneys at Law 9 February 1996 Page 2 4. With respect to the claim of husband's earning capacity, I would like to know whether or not there is going to be any expert testimony offered with respect to that issue. 5. Counsel for wife, by letter dated November 3, 1995, advised that wife is not residing in subsidized housing. 6. I would like to have an update on the status of any spousal support payments being made to wife. 7. I would like to know if counsel have determined how wife's medical insurance coverage will be affected by the entry of a divorce decree. As counsel noted at the conference, husband has deducted from his pension a sum of $137.00 per month for benefits for himself and wife. We need to know whether or not wife's benefits will continue and the cost. 8. There was an issue about a vehicle that husband had at the time of separation and certain items of tangible personal property in the vehicle which he removed before he sat the house on fire. I would like to know whether or not counsel have come to any agreement with respect to the value of the vehicle or the items of tangible personal property. 9. At the time of his retirement husband received a lump sum benefit from his pension netting him $16,687.50. I would like to have an accounting from Mr. Manning's attorney as to how that money was expended. There was a question, however, as to whether or not that money was in any way marital. However, if the funds were used to acquire assets for husband's benefit we need to know what those assets were. This case, as you know, is scheduled for trial on March 11, 1996, at 9:00 a.m. It is important that these outstanding questions and issues be resolved as soon as possible so we are prepared to go forward with the trial as scheduled without being delayed trying to obtain information that should have been Mr. Griffie and Mr. DeLUce, Attorneys at Law 9 February 1996 Page 2 obtained following the pre-hearing conference memorandum. I will look forward to hearing from counsel within the next couple of weeks in response to my inquiry. very truly yours, E. Robert Elicker, II Divorce Master GRIFFIE & ASSOCIATES BeAOUY L. GMEna ATTORNEYS AND COUNSELORS AT LAW ME:H[uA R. CALVERT AwE M. SKpmw Raw J. Goemom OEnct motumpt March 11, 1996 200 Noxn HAwvin STREET CAweuL, PA 17013 (717)243.5551 1 (800) 347-5552 FAX 717.243.5083 CwweEReeuiw TRUer 8uwuo Suite 550. 14 Nomw MAw STREET CwwwP"L A PA 17201 (717)287.1350 REPLY To: CAnusu E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Manning v. Manning No. 94 - 2218 Dear Bob: Enclosed are two photocopies of the Separation Property Settlement Agreement entered into by the Mannings. As noted, the primary issue in the case relates to alimony which is being resolved through the assistance of the Cumberland County Domestic Relations Office. I do not believe that there is any additional action you need to take. At this point, I would appreciate if, with this information, you would file a petition to vacate your appointment so that the court will vacate your appointment, and we can move forward to conclude the parties' divorce. Your attention and cooperation throughout these proceedings has been appreciated. Very truly yours, BLG/lam Enclosure & ASSOCIATES L. cc: Richard Manning David W. DeLuce, Esquire h 006984.00001/May4, 1994/DWD/MH/34941 RICHARD MANNING, VS. RITA M. MANNING, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2218 of 1994 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S RESPONSE'1'O PLAINTIFF'S AFFIDAVITUNDER SECTION 3301(d) OF TIIE DIVORCE CODE AND NOW, comes the Defendant, Rita M. Manning, and avers in response to the averments contained in Plaintiffs Affidavit under Section 3301(4) of the Divorce Coda as follows: 1. Denied. The parties it) this marriage separated on or about January 28, 1987 when the Plaintiff destroyed the parties' martial home by arson. 2. Admitted. 3. Admitted. Respectfully suhmitied, JOHNSON, DUFFIE, STEWART& WEIDNER 7 Date: s- By David W.'Del-uee ' Attorney I.D. No. 41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone 17171 761-4540 Attorneys for Defendant, Rita M. Manning I?. 006984-00001/Msy4, 1994/DWD/MH/34941, VERIFICATION I, Rita M. Manning, verify that the statements made in the loregoing Response to Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date.?1AC " 1) Rita M. Manning 006984.00001/May4, 1994/DWDIMH/34941. CERTIFICATE OF SERVICE I, David W. DeLuce, of the law firm of Johnson, Du11ie, Stewart & Weidner, attorneys for Rita M. Manning, do hereby certify that I served a true and correct copy of the attached Response to Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code by United States Mail, first class, postage prepaid, upon the Counsel listed below: Beth L. Winters, Esquire Turner & O'Connell 258 North Street Harrisburg. PA 17101 Date: ? i6 k C7 r Ln m w 0 S FI a a n R d $ a w w a+ E+ ru -404 b u u3? W 0 Pi C] V1 M O LL. W m ?n O L td 0 •? O E5 z 2 to ? O x a O N E ? a II, 006964000011May4, 19941DWDIMH134934 RICHARD MANNING, Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2218 of 1994 CIVIL ACTION - LAW RITA M. MANNING, IN DIVORCE Defendant ANSWER TO DIVORCE COMPLAINT WITII COUNTERCI AIMS AND NOW, comes the Defendant, Rita M. Manning, by her attorneys, Johnson, Duffle, Stewart & Weidner and files this Answer to the Divorce Complaint with Counterclaims of which the following is a statement: L Denied. Defendant is without knowledge u? intiirmatiun sufficient to form a belief as to the truth of this averment and strict proof thereof is demanded at the time of trial, if relevant. 2. Admitted. 3. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and strict proof thereof is demanded at the time of triad, if relevant. 4. Admitted. 5. Denied. On the contrary. Defendant tiled a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania to docket number 453 of 1987 on February 17. 1987. 6. Denied. Defendant is without knowledge or inlorinatiun sufficient to form a belief as to the truth of this averment and strict proof thereof is demanded at the time of trial, if relevant. 7. Admitted. II 006984.00001/Msy4, 1994/DWD/MH134934 WHEREFORE, only after all property matters are resolved Defendant also requests your Honorable Court to enter a Decree divorcing the Plaintiff and Defendant as if they had never been married. COUNTERCLAIMS COUNT 1 - EQUITABLE DISTRIBUTION 8. Paragraphs one (1) through seven (7) of this Answer at the Complaint are incorporated herein by reference as if set forth in full. 9. Plaintiff and Defendant have legally and beneficially acquired property during their marriage from September 30, 1972 until January 28, 1987, the date of their separation, which property is marital property. 10. Plaintiff and Defendant may have owned, prior to the marriage, property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is marital property. ii. Plaintiff and Defendant have been unable w agree as to an equitable division of the said property to the date of the filing of this claim for equitable distribution. WHEREFORE, Defendant requests the Court to equitably divide all marital property and to enjoin Plaintiff from the removal, disposition, alienation, or encumbering of all real and personal property of the parties. COUNT 11 - AL111IONV 12. Paragraphs one (1) through eleven (11) of this Answer with Counterclaim are incorporated herein by reference as if set forth in full. 13. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. - II e06994-000e1/Mey4, 1994/DWD/MH/34934 14. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, the Defendant requests your Honorable Court to enter an award of alimony for her benefit. COUNT III - ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 15. Paragraphs one (1) through fourteen (14) of this Answer with Counterclaims are incorporated herein by reference as if set forth in till. 16. Defendant has employed legal counsel, but is unable nt pay the necessary and reasonable attorney's fees for said counsel. 17. Defendant is unable to sustain herself during the course of this litigation. WHEREFORE, the Defendant requests your Honorable Court to enter an award of alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award additional counsel fees, costs and expenses as deemed appropriate. Date: S I C JOHNSON, DUFFIE. ART & WEIDNER David W./DeLuc}c ` Attorney I.D. No. 41687 301 Market Street P.O. Box 109 Lemoyne. PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant, Rita M. Manning M 006984-00001/May 4. 1994/DWD/MNA4934 VERIFICATION 1, Rita M. Manning, verify that the statements made in the foregoing Answer with Counterclaims are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1 IC' - 99LI Rita M. Manning 11 ' 006984-00001/May4.1994/DWD/Mil/34934 CERTIFICATE OF SERVICE 1, David W. DeLuce, of the law firm of Johnson. Duflie. Stewart & Weidner, attorneys for Rita M. Manning, do hereby certify that 1 served a true and correct copy of the attached Answer with Counterclaims by United States Mail, first class, postage prepaid, upon the Counsel listed below: Beth L. Winters. Esquire Turner & O'Connell 258 North Street Harrisburg. PA 17101 Date: 5 1 tq / David W. DeLuce m.s 07 1 - Z O R a Q $ i??j rn m W W S I co N Z ? ? ? 3 Q 7 i O ` w g c ° ? o y m r W J gy ' a F a 1 4 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 LAW OFFICES JOHNSON, DUFFIE, STEWART B WEIDNER Telephone (717) 761.4540 Teleropler (717) 761.3015 RICHARD MANNING, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2218 of 1994 VS. CIVIL ACTION - LAW RITA M. MANNING, IN DIVORCE Defendant DEFENDANT'S PRE-TR/AL STATEMENT AND NOW, comes the above named Defendant, by her attorneys, Johnson, Duffie, Stewart & Weidner, and submits the following Pre-Trial Statement pursuant to Pa.R.C.P. 1920.33(b): 1 • Assets• Attached hereto and marked as Exhibit "A" is an inventory of the marital assets of the parties as they are known to the Defendant. All the personal property listed was destroyed in a fire set by the Plaintiff in January 1987. 2. ExMort Witnesses. At this time the Defendant intends to call the following expert witness: A. Theodore K. Long, Jr., Pension Appraisers, Inc., Allentown, PA. Mr. Long is an appraiser who valued the federal employment pension of the Plaintiff. Defendant reserves the right to call such additional experts as may be necessary to respond to evidence submitted by Plaintiff. 3. fact Witnesses, Defendant intends to call the following fact witnesses: A. The Defendant herself will testify about all matters relating to the assets of the parties, the breakup of the marriage, and the factors listed in the Divorce Code for equitable distribution and alimony. o06984-00001 /Scr4cmbcr 21. 1995/DWD/M H/46887 B. The Defendant, as of cross, to testify about all matters relating to the assets of t parties, the breakup of the marriage, and the factors listed in the Divorce Code. The Defendant reserves the right to call such additional fact witnesses as may be necessary respond to evidence submitted by the Plaintiff. 4. €xltl?lt;f• A. All documents found at No. 319 Criminal 1987 in the Cumberland County Court of Common Pleas in Commonwealth vs. Richard Manning. (not attached) B. Plaintiff's pension appraisal from Pension Appraisers, Inc. (Exhibit "B"). C. Documents related to the fire, sale, and lack of insurance proceeds on the sale of marital home in 1987. (not attached) 5. Income. The Defendant, who is seventy-one (71) years of age, is employed part time as a school crossing guard for the city of Vero Beach, Florida. Her gross wages for 1994 were $4,488.00. She also receives social security benefits with a net annual payment of $3,826.00 to her. Attached hereto and marked as Exhibit "C" is a copy of Defendant's 1994 federal tax return, 1994 social benefits statement, and 1995 paycheck stubs. 6. Expenses. Attached hereto and marked as Exhibit "D" is a copy of Defendant's income expense statement. 7. Retirement Benelits. As set forth in Exhibit "B" attached to this Pre-Trial Statement, marital property value for purposes of equitable distribution of Richard Manning's federal pension $71,849.29. This is based upon the fact that Mr. Manning is sixty (60) years of age, his annual annu is $9,660.00, and the first payment was to be received on 6/04/95. 006984-00001/Ser4cmber21, 1995/DWD/MH/46887 Plaintiff was also to receive a lump sum benefit of $25,000.00 upon his retirement. Applying coverture fraction to the amount, the marital property portion would be $13,045.00. 8. Counsel Fees. Defendant has made a claim for counsel fees in this matter. To Defendant has expended $3,180.00 in counsel fees and expenses. Defendant anticipates spending additional $3,000.00 in counsel fees until the litigation in this matter has been concluded. 9. Mantel Debts. No marital debts are known to the Defendant. 10. Personal Property. With the exception of their motor vehicles, all personal property destroyed in a fire caused by the Plaintiff in January 1987. Plaintiff pled guilty to arson and was sentenced by the Cumberland County Court for this offense. Because the fire was intentionally set by one of the insureds, insurance benefits were denied. Defendant believes that the value of all marital property destroyed by the intentional act of the Plaintiff amounted to $16,175.00. 11. Proposed Resolution. For equitable distribution Defendant proposes that she receive a lump sum payment of $5,000.00, plus $300.00 per month in the form of a Qualified Domestic Relations Order from Plaintiff's federal employment pension. Defendant would also receive alimony in the amount of $300.00 per month for the rest of her life and a lump sum payment for one-half of her counsel fees and expenses in the amount of $3,090.00. ,? -? jo Date: 11 h- Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY: David VF. DeLubb Attorney I.D. No. 41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043.0109 Telephone (717) 761-4540 Attorneys for Defendant 006984-00001/September^_l, 199S/DWD/MH/46887 CERTIFICATE OF SERVICE I, David W. DeLuca, of the law firm of Johnson, Duffie, Stewart & Weidner, attorneys for Defendant, Rita M. Manning, do hereby certify that I served a true and correct copy of the attached Pre- Trial Statement by United States Mail, first class, postage prepaid, upon the Counsel listed below: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 /;4 Date: qr?r 0o6984-0W01 /Selxembar 22. 1995/DWD/MH/16887 EXHIBIT "A" MARITAL ASSETS 1. Personal Prooertv Value Clothing (including 3 fur coats) 8900.00 Shoes 8200.00 Blouses 890.00 Slacks 870.00 Uniforms 8120.00 Underwear 8200.00 Sweaters 8150.00 Dresses 870.00 Boots 855.00 Pant Suits and Skirts 890.00 New Carpet 82,100.00 Mirror on Wall 8400.00 Couch 8600.00 2 Lounge Chairs 81,000.00 2 End Tables 8200.00 Coffee Table 8100.00 Drapes 8200.00 2 T.V.s 81,000.00 3 Lamps 8150.00 Lamp (gift) 8200.00 Pictures (can never be replaced) Dining Table and Chairs 8400.00 Kitchen Table 8200.00 Taster - Coffee Maker 850.00 Dishes 8150.00 Pots and Pans 8150.00 006984.00001/Sep4ember22, 1993/DWD/MH/46887 Bedroom Set $800.00 Mattresses $500.00 Pillows $50.00 Blankets and Bed Spreads $200.00 Sheets $200.00 Carpet $300.00 Drapes $200.00 Mirror $400.00 Couch Bed $700.00 Dresser $200.00 Clothes - Shoes $1,500.00 Tiffany Lamp in Kitchen $400.00 3 Air Conditioners $600.00 Towels $200.00 Shower Curtain $50.00 Hair Dryer $35.00 Cosmetics $300.00 Silverware $500.00 Dog (can never be replaced) Pictures, Albums (can never be replaced or value put on) TOTAL $15,980.00 Husband's Federal Government Pension $71,849.29 Retirement Lumo Sum Payment - ($25,000.00 x .5218) $13,045.00 3030 Morninaside Drive. Camp Hill $7,000.00 2. 3. 4. MI 1???1 ?1 WPM ??Y /q q?Y IU?? M1?G 10 PENSION 00 APPRAISERS INC. P.O. Box 4396 • Allentown, PA 18105-4396 1-800-447-0084 • Fax 610-770-9342 September 20, 1995 David W. DeLuce, Esq. 301 Market Street Lemoyne, Pennsylvania 17043 RE: Present Value of Richard Manning's Defined Pension Benefit File No. 09-95-122-14898 Dear Attorney DeLuce: We have determined the present value of Richard Manning's defined pension benefit by the PBGC Actuarial and Mortality Table Method as of September 20, 1995 to be $71,849.29. This calculation was derived from the following data: BIRTH DATE: May 15, 1935 SEX: Male MARRIAGE DATE: September 30, 1972 VALUATION DATE: September 20, 1995 PENSION PLAN: Civil Service Retirement System DATE EMPLOYMENT STARTED: December 19, 1977 (Assumed date pension holder began participation in the plan) DATE BENEFITS STOPPED ACCRUING: June 4, 1995 (Assumed date pension holder ended participation in the plan) ASSUMED DATE MARRIAGE ENDED: January 28, 1987 AGE WHEN BENEFITS COMMENCE: 60.35 Years (Age on 9/20/95) "Valuators of Defined Pension Benefits for Equitable Distribution" PBGC Actuarial and Mortality Tables Method September 20, 1995 Richard Manning - 09-95-122-1489B Page 2 MORTALITY TABLES AND INTEREST RATES: Mortality Tables (1983 Group Annuity Mortality Tables), Interest Rates and Factors used by the Pension Benefit Guaranty Corporation to determine the present value of annuities for single-employer plans. INTEREST RATE ASSUMPTIONS: Table II - Annuity Rates Rates as of September 20, 1995: ii =6.40%,i2=5.75%andi3=5.75% Estimated Cost of Living Adjustment: 3.03 % Adjusted Rates if Applicable: i1=3.37 %,i2=2.72 %andi3=2.72 % ASSUMED MONTHLY BENEFIT: $805.00 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of September 20, 1995 . 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: 0.5218 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: $ 137,695.07 Reduction for Non-vesting: x 1.0000 Reduction for Marital Coverture: x 0.5218 VALUATION FOR EQUITABLE DISTRIBUTION: $ 71,849.29 IN REPLY REFER TO ASCE-KB SUBJECT: Retirement Information for Mr. Richard Manning Ms. Barbara J. Yunis Griflie & Associates 200 North Hanover Street Carlisle, PA 17013 Dear Ms. Yunis: JUN 1 2 Z% During his Federal civilian career, Mr. Manning worked for the Department of the Army and Defense Logistics Agency. His retirement contributions while employed by the Army was S 15,333.42. Department of the Army service started on 12.19-77 and ended on 04-13-91. Mr. Manning's service under the Defense Logistics Agency started on 04-14-91 and will end on 06.03-95. His total retirement contributions while employed by the Defense Logisiics Agency will appear on his last leave and earnings statement. He will receive that statement on 06-09-95. Mr. Manning's retirement from Federal service will be effective 06.04-95. His estimated annual annuity is 59,660.00. The official amount will be determined by the Office of Personnel Management (OPM). OPM will release that information to Mr. Manning in approximately two (2) months. On 03-21-95, Mr. Maiming applied for Voluntary Separation Incentive Pay. His application was approved. He will receive a lump sum payment of 525,000.00. An estimated 33% of the lump sum payment will be withheld for taxes. This payment should be received by Mr. Manning on 06-09.95. Requests for additional information may be addressed to me. Office hours are from 7:30 a.m. to 3:30 p.m. My telephone number is (717) 770.6829. The mailing address is: ATTN: ASCE-KB, Administrative Support Center East, 14 Dedication Drive, Suite 3, New Cumberland, PA 17070-5011. Sincerely, DEFENSE LOGISTICS AGENCY ADMINISTRATIVE SUPPORT CENTER EAST 14 DEDICATION DRIVE, SUITE 3 NEW CUMBERLAND, PENNSYLVANIA 17070.5011 ALLISON L. WILKINS Employee Relations Specialist 4. Vuluu,X/ t u ??n mMn mn xpn,I (-*) 010194 15 OMB NO. 1545-1309 1994 1040PC FORMAT U.S. INDIVIDUAL INCOME TAX RETURN PACE 01 OF 01 ! RITA M<MANNING 083-18-7947 47 ! 182-28-4806 39 PO BOX 6652 VERO BEACH FL 32961 PPECF N SPECF FS 3 6A-SELF X 6E-TOTAL 01 1040 PAGE 1 7-----------------4488 8A------------------49 11----------------7020 20AW-D---------------- 20B------------------ 0 22---------------11557 31---------------11557 1040 PAGE 2 32---------------11557 33A--65 OR OLDER-----X 33AB----------------- 1 34----------------3925 35----------------7632 36----------------2450 37----------------5182 38A------------------X 38-----------------776 40-----------------776 46-----------------776 TOTAL INCOME LINE 22 TOTAL PAYMENTS LINE 60 53-----------------776 54-----------------814 60-----------------814 61------------------38 62---REFUND---------38 PREP-STEPHEN MILLER--- FIRM-H & R BLOCK TAX S -ERVICES INC------ ADD--2806 S US 1 C-3-- CSZ--FT PIERCE FL 3498 -2-0000----------- SSNP------- 080-38-9419 PEIN-------- 43-1632899 POCC-TRAFFIC CONTROL-- ADD INFO PDI--------- 1000000000 SEI ------------------- SC ------------------ 03 11557 TOTAL TAX 814 REFUND 3-SN RICHARD MANNING LINE 53 776 LINE 62 38 Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief,they are true,correct,and complete.If applicable, I consent that my refund be directly deposited. If joint return and refund is to be directly deposited, this is an irrevocable appointment of the other spouse as an agent to receive the refund. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Your Signature Date See Attestation 040595 Preparer's Signature Date For Paperwork Reduction Act Notice Spouse's Signature Date IRS USE ONLY PAGE 01 OF 01 Statement, see Taxpayer Notice 974 010194 15 1994 Income Information Worksheet MS: RITA M MANNING 083-18-7947 9/13/1924 aaaavaaaaaavaaanaaavaaaaaaaaaaaaaaaaaaaanaaaaaaaaaaaaavaaaavaaaaaaaaaaaaanvaa +++++++++++++++++++++++++++ FORM W-2 INFORMATION ++++++++++++++++++++++++++++ ---------Wages- -------- -------------Taxes Withheld------------- Medi- Medi- Source T/S Gross S.S. care Federal S.S. care ST State Local CITY OF T 4488 4488 4488 814 278 65 - ------ ------ ----- - -- ------- ------- 4488 4488 ------- 4488 ------ -- 814 278 65 aaaaaaa aaaaaaa aaaaaaa aaaaaaa aaaaaa aaaaaa aaaaa aaaaa **** TOTAL SOCIAL SECURITY ******************** TOTAL RRB TIER I ******* Taxpayer Spouse Taxpayer Spouse 4,319 ++++++++++++++++++++++ INTEREST INCOME LESS THAN $400 *********************** Payer T/S/J Type Gross Nontax/Exempt Adjust Backup W/H FIRST AMERICAN BANK T R 25 I R FEDERAL CU T R 19 GREAT WESTERN BANK T R 5 ------- ----------- ------ --------- - 49 aaaaaaa aaaaaaaaaaa aaaaaa aa?aaaaaaa +++++++++++++++++++++++++ ADDITIONAL INFORMATION ++++++++++++++++++++++++++++ Return Prep Fee 38 Federal software version: 4.95.001 6 ?? . Is. 'f1• T Wage and Tax r 8 W'2 St 1994 EMPLOYEE Y •• atement •? "• a Comrol number - E:1E7=A7 10q, OMB No. 1545-0006 1 It Employer's IdentMneon number ? r I Wage. 4ps, oeror raRpensatlon 2 Federa income tax withheld 1 . `:-6000A45 '- ' I 448°,Q, E14.14 c Employer's name, address, and LP cods 7 Social security wages 4 Smal sewmy tax withheld CITY OF VERO SEACN 4482.0C 27°,25 P.01 F o y 1 3 t o s Medicare wages and tips a Medcare tax withhold VERO EEACH. FL 46-P 9.0Z 45.C7 32;6c 7 Social security ups _ a Allocated lips .1.00 C.GC d Employee's social sewny number D Advance EIC payment 10 Dependent rare benefits :,is1j. - e,*-1 5-7047 ? C.GC C.OG a Employee's name, address, and LP code 11 Nonqualrsed plans 12 Benefits mclud6d in Box 1 RITA M MANNING 0 00 0 0 0 . . . . [-O_ BOX 645') t f as In rs. for Box 13 _ 14 Other YERO SEAC14 FL C'.C'0 32960 O.yQ 0.00 ' 0.00 ... Dsnaee0 P a wm W 1f;&MM t D&WW p W rap s 1 s WMK"M 16 Sw Employer's state I.D. No. 17 Smr rsga sot. M 1e Steer n=* W 19 Locally name 20 toa rpm, apt. ec 21 LaW Inpomt to 1 ........................... .................. ........ 1:- QQd FORM SSA-1099-SOCIAL SECURITY BENEFIT STATEMENT IAL SECURITY BENEFITS 1 V 94 • - PART OF YOUR SEE THE REVE SECFOR MORE INFORMATIONSHOWN IN BOX 5 MAY BE TAXABLE INCOME. Bcx 1. Name Box 2. Beneficiary s Social Security Number RITA M MANNING 083-18-7947 r Box 3 Benefits Paid in 1994 Box 4. Benefits Repaid to SSA in 1994 Box 5. Net Benefits for 1994 (Box3m,,w i $4,319.20 NONE $4,319.20 DESCRIPTION OF AMOUNT IN BOX 3 DESCRIPTION OF AMOUNT IN BOX 4 Paid by check or NONE direct deposit $3,826.00 Medicare premiums paid for yoU $493.20 i Total Additions $4,319.20 Benefits for 1994 $4,319,20 Box 6. Address RITA M MANNING P 0 BOX 6652 VERO BEACH FL 32961-6652 47 Box 7. Claim Number (Use this number if you need to contact SSA.) 083-18-7947A Form SSA•1099•SM (1.95) DO NOT RETURN THIS FORM TO SSA OR IRS ¦ OCATION EMPLOYEE NAME SOC. SEC. NO. FED. EX. STATE EX. PAY ENDING CHECK NO. 00 RITA M MANNING j 082-1S-7s47 I S-Co I -=? 1C1/07/a5 ;29761 ?. pc ROR:,A ',.l i 4TEME4 Oi EANNW:,S A:EA.'E 4^4 NE +iAe.E EARNINGS EAflINGS 11 DEDUCTIONS ,THIS ISA STATEMENT OF YOUR EARNINGS YPE HOURS AMOUNT 1 1 TYPE AMOUNT V.T.D. TYPE AMOUNT YT-O. DEDUCTIONS FOR YOUR RECORDS ACH AND AT 14.00 34.0? 'FIC 5.21 5.21 EARNINGS 84.0 FRD 1.22 1 .22 Ii DEDUCTIONS 26.4_ FED 20.00 20.00 NET PAY 57.57 YT D. GROSS EARNINGS 84.0C YT.D. TAXABLE EARNINGS 84.00 YT.O FICA EARNINGS 34.0c LEAVE ANNUAL SICK .000 0.0c. 11 BAL ACCRUE 0,00 0.00 TAKEN 0.00 0-00 TOTAL 26.42 26.43 BALANCE 0.00 0.00 )T AL 14.00 84.00 FORFEIT U.00 _ ..y AKn,Tik?'l?plf3`a"T >tiA?.ty?r LCa c .rR`. y .Wt..-f n - F..j.. r q r Higl1/ l ti/ 6 ? > ?ti V E % ? 5 {Y - .... ._.' A _ 7KT! N1 lr n I 1Y _ -. L..a.._-... _.?.....-. 1 J 1 a ..< M?Xii!. +! CT. 1 1 -.?__ ....... ?..? _ DO RITA M MANNING 083 - -, .?r i . ... _. _........ __ s 00"--j 00 I02/04/Y:) EARNINGS DEDUCTIONS STATEMENT 1EARNING. BLEAVE. NON-N O 'JIA THIS ISA STATEMENT OF YOUR EARNINGS YPE HOURS AMOUNT TYPE AMOUNT V.T.D. TYPE AMOUNT I . AND LEAVE DETACH AND V T D A N AT 38.00 228.00 FIC 14.14 32.00 . . . RET IN F O YOUR RECORDS EARNINGS 228.00 FMD 3.31 7 49 FED 39.20 . 94 80 I DEDUCTIONS 56.65 . NET PAY 171.35 YTO. GROSS EARNINGS 516.00 YTD. TAXABLE EARNINGS 516.00 YTD. FI.C.A. EARNINGS 516.00 LEAVE ANNUAL SICK 1/1 SAL 0.00 0.00 ACCRUE 0.00 0.00 TOTAL TAKEN O.DO 0.00 56.65 134.29 BALANCE 0.00 0.00 TAL 38.00 223.00 - FORFEIT 0.00 _OCATION e? EMPLOYEE NAME (RITA M. PANMING SOC. SEC. NO. 093-19-7047 FED. EX. ESTATE EX.1 PAY ENDING CHECK NC S-00 j -30 1 02118/95 129947 EARNINGS DEDUCTIONS i. 'HIS IS A STATEMENT OF YOUR EARNING: DEDUCIIONSANDLEAVE DETACHAND TYPE HOURS AMOUNT TYPE AMOUNT Y.T.D. TYPE AMOUNT V.T.D. RETAIN FOR YOUR RECOR DS 3AT 38.00 228.00 F I C 14.14 46.14 _ EARNINGS 228.0 F M D 3.31 10.80 DEDUCTIONS 56.6 IFED 39.20 134.00 i j NET PAY 171.3 ' vTD GROSS EARNINGS 744.01 T.D TAXABLE EARNINGS 744.01 YTD FICA EARNINGS 744.01 LEAVE ANNUAL SICK 1 I SAL 0.00 0.00 ACCRUE 0.00 0.00 TAKEN 0.00 0.00 TOTAL 56.65 190.94 BALANCE O.DO 0.00 OTAL 0 FORFEIT 0.00 39.00 228. LOCATION EMPLOYEE NAME SOC. SEC. NO. FED. EX. STATE EX. PAY ENDING CHECK NC ?:0 RITA M KANNINo 093-19-7947 5-03 -00 3/04/95 3 0 0 0 CITY OF VERO BEACH FLORIDA STAT EI.IEM OF EAR NINGS A LEAVE NONN EGOTIABLE EARNINGS DEDUCTIONS THIS ISASTATEMENT OF Y OUR EARNING: TYPE HOURS AMOUNT TYPE AMOUNT Y.T.D. TYPE AMOUNT Y.T.D. DEDUCTIONS AND LEAVE RETAIN FOR YOUR RECOR DETACHAND DS AAT 38.00 222.00 FIC 14.14 60.28 EARNINGS 228.Of F M D 3.31 14.11 DEDUCTIONS 56.6! FED 39.20 173.20 NET PAY 171.3` YT.D. GROSS EARNINGS 972.01 YTD. TAXABLE EARNINGS 972.0E YT.D. F.I.C.A EARNINGS 972.01 LEAVE ANNUAL SICK 11 SAL 0.00 0.00 ACCRUE 0.00 .PLOD TAKEN 0.00 0.00 TOTAL 1 . 56.65 247.59 3.00 0 00 BALANCE . TOTAL I 38.00 228.00 1 1 FORFEIT 0.00 _OCATION EMPLOYEE NAME SOC. SEC. NO. FED. EX. STATE EX. PAY ENDING CHECK NO. 200 RITA M MANNING 083-18-7947 S-00 -00 03/18/95 30071 CITY OF VERO BEACH FLORIDA STA M NT OF EARNINGS A LEAVE - NONNEGOTIABLE EARNINGS DEDUCTIONS GS D C O D I ( TI D LEAVE DETACH AN EDU NS N TYPE HOURS AMOUNT TYPE AMOUNT Y.T.D. TYPE AMOUNT Y.T.D. RETAIN FOR YOUR RECORDS. 'AT 36.00 216.00 FIC 13.39 73.67 EARNINGS 216.0[ F M D 3.13 17.24 DEDUCTIONS 53.9; FED 37.40 210.60 NET PAY 162.0E V.T.D. GROSS EARNINGS 1188.0c YT.D. TAXABLE EARNINGS 1 1 8 8. 0: Y.T.D. F.I.C.A EARNINGS 1188. 0C LEAVE ANNUAL - SICK III SAL 0.00 0.00 ACCRUE 0.00 0.00 TAKEN 0.00 0.00 TOTAL 1 53.92 301.51 BALANCE 0.00 0.00 OTAL I 36.00 216.00 FORFEIT 0.00 JVn.I VI• ? Y1 Y n. JVY JCY. I\V. ?00 RITA N MANNING 083-13-7947 1 fN Fq4 - EARNINGS ? DEDUCTIONS 'YPE? HOURS I AMOUNT uTYPE I AMOUNT ? Y.7.D. TYPE AMOUNT OAT' 40.00 240.00FICi _ 14.38 83.55 1FMD' 3.48 20.72 °FED? 41.00 251.60 OTAL 1 40.00 I 240.00 TOTAL I 59.36 fCV. LI\. JIMI L LIT. fMl CI\?II\V 1..lILVf\ 1\V. S-00 ! -00 04/01/95 130133 1•i ?1 iii r:- 11. r..'. A.{<rF ININ. N L,,uT) NEE '"154 4:.1RTEI.gENT OF YOUR EARNINGS ::EDI'CTI INSAI1; ,EA."E DETACHAND Y.T.D. RETAI'+ FOR YOJR RECORDS EARNINGS 240.00 DEDUCTIONS 59.36 I? NET PAY 180.64 i 11 YTD GROSS EARNINGS 1428.00 Y T.D. TAXABLE EARNINGS 1428.00 II YTD FICA EARNINGS 1428.00 LEAVE ANNUAL SICK T9 BAL 0.00 0.00 j ACCRUE 0.00 0.00 TAKEN 0.00 0.00 360.57 ;BALANCE 0.00 0.00 ?I FORFEIT I 0.00 _OCATION EMPLOYEE NAME SOC. SEC. NO. FED. EX. STATE EX. PAY ENDING CHECK NO. '00 RITA M MANNING 033-13-7047 S-00 ---- -00 ----------- 04/15195 130195, EARNINGS DEDUCTIONS THIS IS A STATEMENT OF YOUR EARNINGS. DEDUCTIONS AND LEAVE DETACHAND TYPE HOURS AMOUNT TYPE AMOUNT Y.T.O. TYPE AMOUNT Y.T.D. RETAIN FOR YOUR RECOR DS. 'AT 1 24.00 144.00 FIC 8.93 97.48 EARNINGS 144.00 I F 2.09 22.81 DEDUCTIONS 37.62 FED 26.60 273.20 NET PAY 106.38 YTD GROSS EARNINGS 1 572.00 YT.D TAXABLE EARNINGS 1572.00 YTD F1 CA EARNINGS 1572.00 LEAVE ANNUAL SICK 1n SAL 0.00 0.00 ACCRUE 0.00 0.00 TAKEN 0.00 0.00 TOTAL 37.62 398.49 BALANCE 0.00 0.00 - FORFEIT 0.00 OTAL 24.00 144.001 _OCATION EMPLOYEE NAME SOC. SEC. NO. FED. EX. STATE EX PAY ENDING CHECK NO. 00 ITA N MANNING 083-18-7947 IS-00 -DO 4129195 302571 CITY OF VERD OFACH FlOR10A - - STATEMENT OF EARNINGS b IP - NON NEGOTIABLE EARNINGS DEDUCTIONS THIS IS A STATEMENT OF YOUR EARNINGS. DEDUCTIONSANDLEAVE DETACHAND 'VPE HOURS AMOUNT TYPE AMOUNT Y.T.D. TYPE AMOUNT Y.T.D. RETAIN FOR YOUR RECORDS ,AT 130.00 180.00 FIC 11.16 108.64 EARNINGS 180.00 FND 2.61 25.42 DEDUCTIONS 45.77 FED 32.00 310.20 NET PAY 134.23 YT.D GROSS EARNINGS 1752.00 YT D. TAXABLE EARNINGS 1752.00 YT.D. FICA EARNINGS 1752.00 LEAVE, R ANNUAL SICK, I'll BAL 0.00 0.00 ACCRUE 0.00 0.00 TAKEN 0.00 D.DD TOT1LL 45.77 444.26 JBALA.. 0.00 0.00 DTAL 30.06 180.001 1 FORFEIT 0.00 INCOME AND EXPENSE STATEMENT OF /y) Al SSN Obi- )9r7 DR# 14x7 DATE \'1 THIS STATEMENT MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME (a) Wages/Salary Emplo er & Address V" 2U HC h' I Job Title/Description 5c. N c or- - d I N Pay Period (weekly, biwe ekly, monthly FIS t.%GE Gross Pay per Pay Period Payroll Deductions: 1(y M " Federal Withholding ... , ...............S ?J Social Security ............ ...............5 Local Wage Tax ........... ...............S State Income Tax ........ ...............S Retirement ................... ...............5 Health Insurance ......... ...............5 Other (specify) ............. ...............S $ Net Pay per Pay Period ......................... (b) Other Income Interest/Dividends ......................S Pension/Annuity .........................S Social Security ...........................5 Rents/Royalties ..........................5 Expense Account .......................S Gifts .............................................5 Unemployment Compensation .S Workmen's Compensation ........S Total, Other Income Week L Month S S 3 Lf ,a S S S S S S 3 ?Lf V Year S S S 5 S S S INCOME AND EXPENSE STATEMENT OF ?? ? -, -, ? I Yu? I verify that the statements made in In,$ I come and Expense State. Tent 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 aCutmwioes f'? t \ Date 1 'I ?' /S \ ll? /C 1 1c? Plamult or Defendant DRO -"405 Household Week EXPENSES Home Mortgage/Rent ........................................ $ Maintenance ........................................... $ Utilities (telephone, heating electric, etc.) ........................................ $ Employment (transportation; W lunches) .................................:............. $ /Q Taxes Real Estate .............................................. $ Personal Property ................................... $ Income ..................................................... S Insurance Homeowners °'..?`........... $ Automobile .... G..a1 g .. ............ $ Life/Accldent/Health .........! ............... $ Other .... 1.A.A..:......5??:.``?. ?N....... $ Automobile (payments, fuel, I repairs) ................................................. $ Medical _ Doctor, Dentist, Orthodontist ................ $ Hospital ................................................... $ Special (glasses, braces, etc.) ............... S Education Private, Parochial School ....................... S College ..................................................... S Personal Clothing ................................................... $ Food ......................................................... $ Other (household supplies, barber, etc.) .......................................... $ Credit payments and loans .................... 5 Miscellaneous Household help/child care ..................... s Entertainment (Inc. papers, books, vacation, pay TV, etc.) ............ $ Gifts/Charitable contributions .............. S Legal Fees ............................................... $ Other child support/alimony payments ............................................. $ Other (specify) ............................................... S Total Expenses ............................................. S Child Household Week Month a a a a $ 7v $ $ $ $ s a a s a $ $ a $ 4 $ $i- $ $ $ Cy $ $ S ?n UU Ly. S :r . Child Month S S $ S S S $ $ $ 5 $ s S S S $ $ $ S $ 6 ?? ?? S S S S S S $ s $ A , W s S $ W' $ $ S S S S S S S $ $ $ S ,m Ownership' PROPERTY OWNED Description Value H W J K Checking Accounts .... / G G $ $ Savings Accounts.. Q.: S r1U cd - Credit Union .................... $ - .................... $ - Stocks/Bonds .................. $ - .................. $ - Real Estate ...................... $ - ...................... $ - Other ................................ $ ................................ $ - Total, Property ..................... $ , -0 - INSURANCE Company Policy No. Coverage' H W C Hospital . - `? - Medical 9!K7 Health/Accident .............. 0 a C4 Disability Income ............ - Other (dental, etc.) .......... - ('H - Husband, W • Wife, J - Joint, C - Child) SUPPLEMENTAL INCOME STATEMENT A. This form 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 venture; or (3) is a shareholder In and Is salaried by a closed corporation or similar entity. B. Attach to this statement a copy of the following documents relating to the business, profession, partnership, joint venture, corporation or similar entity. (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. C. Name and Address of business: Telephone Number 0. Name and Address (if different than C) of accountant, controller or other person in charge of financial records: E. (1) Annual income from business .............................. (2) How often is income received? ............................. (3) Gross Income per pay period ................................ (a) Net income per pay period .................................... (5) Specific deductions if any ..................................... S S 5 . RICHARD MANNING, Plaintiff VS. RITA M. MANNING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2218 CIVIL 1994 IN DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF RICHARD MANNING The above-named Plaintiff, Richard Manning, by and through his counsel of record, Bradley L. Griffis, Esquire, and the law firm of Griffie & Associates, files the following Pre-Trial Statement, pursuant to Pennsylvania Rules of Civil Procedure, 1920.33 (b): 1. LIST OF ASSETS Item Valuation Non-Marital Number Asset Value Date Portion Lien 1. Civil Service $599.00/mo. present 56.24% none Retirement (post separation System Pension and military time) 2. Personal 11000.00 present none none property (50% in husband's possession; 50% in wife's possession) 3. 1985 Nissan 2,000.00 present none none Maxima (in wife's possession) The parties formerly owned a marital residence located at 3030 Morningside Drive, Camp Hill, Cumberland County, Pennsylvania. This property was destroyed by fire by the intentional arson of the Plaintiff. The Plaintiff, who is a paranoid schizophrenic, set fire to the property and admitted this through criminal proceedings against him. The property was destroyed such that the parties did not benefit to any degree whatsoever relative to the equity in the property. This asset was lost in January of 1987 and thus has not been an issue for more than eight years. In addition, relative to this issue, the Defendant submitted a claim for restitution against Plaintiff through the Cumberland County District Attorney's Office, which issue of restitution concerning the arson was resolved by the Courts in the criminal proceeding. For this reason, any claim to any interest in the real estate that was destroyed by arson more than eight years ago is irrelevant to the present proceedings. Further, the arson occurred at the time that the parties were still married and residing together. As is set forth by stipulation in these proceedings, the parties separated immediately after the fire. In fact, it appears that the fire was the "final straw" in the termination of the marital relationship. As such, this real estate or any projected equity in the real estate, is not a marital asset. II. EXPERT WITNESSES It is anticipated that there will be no need for any experts to testify in this case. The only property of any value is the marital portion of the Plaintiff's Civil Service Retirement service Pension (CSRS). As this pension is in pay status and there are no other assets from which to draw any claim for payment, the evaluation of the Plaintiff's pension would be a waste of the parties' time and their very limited funds. In the event there are arguments over the valuation of the 1985 Maxima and the personal property, experts can be secured if necessary. In the event the Master deems it necessary to secure an expert opinion as to the valuation of the CSRS Pension, Plaintiff will secure an expert for that purpose. In addition, if it is deemed necessary, Plaintiff will take the deposition of his present physician to verify his psychiatric condition and to further verify the inability of the Plaintiff to secure gainful employment with his medical, mental and psychological condition. The name of the expert can be identified immediately following the Pre-Hearing Conference on this matter, at which time this entire issue can be resolved. III. WITNESSES The Plaintiff intends to testify on his own behalf relative to these proceedings and the issues associated with the distribution of marital assets. At this time, it is not known whether there will be the necessity of additional witnesses. Plaintiff reserves the right to call additional witnesses after review of these matters at the Pre-Hearing Conference. IV. EXHIBITS The Plaintiff anticipates using and introducing the following exhibits: 1. 1995 Federal Income Tax Return which will be completed in time for the Master's Hearing in this case, which is likely to occur in early 1996. 2. Documentation which is attached hereto as Exhibit "A" reflecting the pension benefit to which the Plaintiff is entitled, including correspondence dated June 2, 1995, and the CSRS employee data calculation sheet reflecting the retirement benefit to which Defendant is entitled. While at present the last pay stub of the Plaintiff's is not available, it is anticipated that the last pay stub could be secured from Plaintiff's employer for purposes of identifying the employee contributions made to the CSRS Pension to the time of retirement. 3. Attached hereto as Exhibit "B" is an Income and Expense Statement of the Plaintiff. 4. Attached hereto as Exhibit 11C-1" and "C-2" is the Petition for Amendment of Support filed by Richard Manning in June of 1994 and the resulting order of Court dated July 6, 1994, referencing the fact that the Plaintiff was attempting to establish himself for retirement at age sixty (60) and was attempting to have his Spousal Support order modified to reflect the appropriate amount of spousal support that should be paid based upon his retirement income. 5. Medical records of the Plaintiff will be presented if necessary. They are available for review by the Master and by counsel for the Defendant. In the event that it is necessary to secure a record-keeper to present copies of the official medical records, this will be done at the time of the Master's Hearing. It is suggested, however, that the parties' mutual limited resources have already been exhausted and there is no reason to incur this additional expense. The Plaintiff reserves the right to identify additional documents and exhibits, which will be presented upon conclusion of the Pre-Hearing Conference in this matter. M V. DROSS INCOME Plaintiff's income is limited to income through the Veteran's Administration by way of a Disability Pension in the amount of FIVE HUNDRED EIGHTY and XX/100 ($580.00) DOLLARS per month and the Plaintiff's gross retirement income of FIVE HUNDRED NINETY-NINE and XX/100 ($599.00) DOLLARS per month. VI. EXPENSES The Plaintiff's expenses are described on the attached Income and Expense Statement which reflect routine living expenses associated with Plaintiff's present living arrangements. VII. PENSIONS It is not known whether Defendant has any type of pension, although it is understood that she does not. The Plaintiff's pension is limited to the CSRS Pension which has previously been discussed. VIII. COUWBEL FEES Each party should assume responsibility for their own counsel fees as this is a case which should have been resolved by this time, but which has been lengthened due to the unwillingness of the Defendant to reasonably resolved this case. I8. PERSONAL PROPERTY As set forth in Section Number 1 above, personal property that exists has already been distributed. There is no specific claim for personal property to the Plaintiff's knowledge. X. MARITAL DEBT The parties had marital debt exceeding TEN THOUSAND and XX/100 ($10,000.00) DOLLARS at the time of their separation. Because of the manner in which this debt was imposed against the Plaintiff and not against the parties jointly, the Plaintiff was left to make a decision as to how he would pay for these debts, particularly due to his incarceration for the arson incident. He was unable to do so, filed bankruptcy, and is now unable to secure any type of credit. As far as the Plaintiff is aware, all marital debt has now been resolved. XI. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES It is proposed since the marital portion of the Plaintiff's CSRS Pension is TWO HUNDRED SIXTY TWO and XX/100 ($262.00) DOLLARS, this is the only asset for distribution. As noted previously, the Plaintiff is a paranoid schizophrenic who has been diagnosed as such for an extended period of time. Quite frankly, how the Plaintiff was able to maintain his employment with the Federal Government for as long as he did under his psychiatric condition is unknown. His extensive medical records reflect his ongoing counseling and therapy, as well as medication for his paranoid schizophrenic problem. While it is acknowledged that Defendant may likewise have medical problems of her own, it is submitted that the parties essentially stand in the same shoes. Neither party is going to secure any dramatic increase in their income from this point forward. Due to their age and medical condition, it is unlikely either of them will be able to secure and maintain any substantial employment. Therefore, it is suggested that the most appropriate way in which to resolve this case is through a 50/50 distribution of Defendant's monthly pension. In that the marital portion of the monthly CSRS Pension is $262.00 a 50/50 distribution of that amount means that the sum of ONE HUNDRED THIRTY-ONE and XX/100 ($131.00) DOLLARS per month would be paid from the Defendant to the Plaintiff or through a Qualified Domestic Relations Order directly from the Civil Service Retirement System Board. In that manner, this property distribution aspect of the case would be resolved in its entirety. Upon payment of this sum, Plaintiff's income would be limited to FOUR HUNDRED SIXTY-EIGHT and XX/100 ($468.00) DOLLARS per month gross, from his retirement, plus disability pay in the amount of $580.00, for total gross pay of ONE THOUSAND FORTY- EIGHT and XX/100 ($1,048.00) per month. On the other hand, the Defendant had part-time income of THREE HUNDRED and XX/100 ($300.00) per month, social security of THREE HUNDRED TWENTY-FOUR and XX/100 ($324.00) DOLLARS per month, and would have ONE HUNDRED THIRTY and XX/100 ($130.00) DOLLARS per month coming from the Plaintiff's pension, for a total of SEVEN HUNDRED FIFTY-FIVE and XX/100 ($755.00) per month. While it is recognized that this is slightly skewed in the Plaintiff's direction, it is also noted that this proposed resolution does not take into consideration the Plaintiff's pension for the fact that he is not a participant in the Social Security System as required by Cornbleth. It is anticipated that the reduction in the value of the pension that would occur due to the fact that Plaintiff will not have any type of Social Security benefit easily makes up for this mild difference in monthly income. Therefore, under the circumstances, no alimony should be ordered. In addition, the Plaintiff went to great pains and expense to himself by securing a Survivor Annuity that will pay the Defendant additional sums for her lifetime in the event that i Plaintiff pre-deceases her. This should be taken into consideration and is an additional reason why a 50/50 distribution of the marital portion of the Plaintiff's pension is appropriate. Relative to attorney's fees, again, neither party is in a position to have incurred the attorney's fees associated with these proceedings. There is no reason this case should not have been resolved short of these proceedings. In addition, neither party is in a position to be able to afford the counsel fees incurred in these proceedings. Therefore it is suggested that there is no reason to deviate from the norm which is for each party to retain responsibility of their own attorney's fees. Respectfully submitted, GRIFF?IE & ASSOCIATES By: ;Wto- n for-Plaintiffy. 2 worth Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 i IN REPLY REFER r0 ASCE-KB SUBJECT: Retirement Information for Mr. Richard Manning Nis. Barbara J. Yunis Griffie d Associates 200 North Hanover Street Carlisle. PA 17013 Dear Ms. Yunis: 1UN - : IM During his Federal civilian career. Mr. Manning worked for the Department of the Army and Defense Logistics Agency. I lis retirement contributions while employed by the Army was 515.333.42. Department of the Army service staned on 12.19-77 and ended on 04-13-91. Mr. Manning's service under the Defense Logistics Agency staned on 04-14.91 and will end on 06.03.95. His total retirement contributions while employed by the Defense Logisiics Agency will appear on his last ]cave and earnings statement. He will receive that statement on 06-09-95. Mr. Manning's retirement from Federal service will be effective 06.04-95. His estimated annual annuity is $9,660.00. The official amount will be determined by the Office of Personnel Management (OPM). OPM will release that information to Mr. Manning in approximately two (2) months. On 03-21.95, Mr. Manning applied for Voluntary Separation Incentive Pay. His application was approved. He will receive a lump sum payment of $25,000.00. An estimated 33% of the lump sum payment will be withheld for taxes. This payment should be received by Mr. Manning on 06.09-95. Requests for additional information may be addressed to me. Office hours are from 7:30 a.m. to 3:30 p.m. My telephone number is (717) 770-6829. The mailing address is: ATTN: ASCE-KB, Administrative Support Center East, 14 Dedication Drive, Suite 3, New Cumberland, PA 17070-5011. Sincerely, A x-? , ALLISON L. WILKINS Employee Relations Specialist DEFENSE LOGISTICS AGENCY ADMINISTRATIVE SUPPORT CENTER EAST 14 DEDICATION DRIVE. SUITE 3 NEW CUMBERLAND. PENNSYLVANIA 17070.5011 - EXHIBIT "A" - ILL. I.-S.-L. -C... 0..-..P. ILLEGIBLE COPY LL I L E COPY ILLEGIBLE COPY "S ""'0' ILL. Im. *..LE. -C, '. * " . : s..r.. +'SRS --------------- :MPLOYEE N IME: oi:•u?rL T\:C? .. ATE ,rF 8 1R'rr: 1,•:_? > •_ "ATE •F RETIREMENT; 6 U? 1 NIIE°' 3 AGE r ET-REMENT: 0 GAS'; •.!.•,•:•rc;= HIGH-: . l'ERAGE _ALAE% _5, 1;l -- ----------------- CSF;S SERVICE rREDIT: ------- - ------- .'0 YE.1fiS a MONTHS 4 DAYS TOTAL ''REDIT.: -0 YEAFF P. .^!ONTHS 4 DAYS INCLUDES: 3 YEARS 4 MONTHS ! U LAYS :•!ILITAR SER% 1CE " --------------- ESTIMATED" VOLUNTARY ------------- PETIREMEN'I' PENEFITS ---------------------- ANNUALLY - - MONTHLY -------- _ --------- 1'bST "'F c(g?.,'nu 3ENEFITS: - •96.00 - --- - ".9.u•1 -------- ESTIMATED NET ANNUITY: ------- ,64.00 947.60 xl HEALTH INSL'F.AN^E FF.EMIL'M: - !,-?48.44 - 137.117 LIFE !NgU'RAN1'F PFE>IIUMS: - 124.44 !.ET BENEFITS: S 7,191.12 S FULL auk(V1%1cx, ;.r! ae n AAAVITi: SU4.?J $ 442.66 x! ! Health .: n r.r^llinen: '?d•e: S112 - t99° Pr•.mium Rate I ------------ LIFE INSURANCE --------------------- (F.nal Basic Pay: S 26,717) +'OVERAGE MONTHLY FF.EMICYI MONTHLY PREMIUM AT F.°_TIREMENT (::x) AT RETIREMENT AGE 75 AND LATER ----------------------------- --------------- ---------------- BASIC COVERAGE: ? 39,000 S 10.37 S 0.00 (xxx) •xx) (Total ,eauls:• Life Insurance Coverage At Retirement: S 39,0001 xxxl [Basic Life :::surance Redur-•tion Elected: 75::1 -EXHIBIT "A" - PAlA - . - :R1'I'OR BZNLC:T 1LTER.\A'fI`:ES I-E:,EF.'T AMO NT R :.,cp tr?ri -NNC'IT`: D :nSE : MY CST --------- PEF 'iCAR ----------------------- ER `!?N'Ctl -- - ---- --- - ------------- -Er :--- ------- --------- PLE ? --------- ------------ FI'L- ANNUITY -------- 5 `• 0 { Q ; ? ---- - r a4_ u 6 ` _ _ !y! :. coo ,L)OD 1, 4„ l• - EXHIBIT "p" - INCOME AND EXPENSE STATEMENT OF Richard Manning SSN 182 28 .4806 OR# 14227 DATE-June 7, 1995 THIS STATEMENT MUST BE FILLED OUT (If you are self-employed or If you are salaried by a business of which you are owner In whole or In part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME (a) Wages/Salary Employer & Address Retired on June 1995, Cumberland Army Job Tltleloescriptlen -Depot Pay Penod (+ h, 0, onthly 599.00 Gross Pay -er Pay Period .....»».»..»..........-»..»..........».-_ » ».. » _» ».»» .... S Payroll Deeucdons: Federal Withholding »...».........»S Social Security ...........................5 Local Wage Tax ....»».-......... ».... 5 State Income Tax »..»......»...»S Retirement ._ »......_ S Health Insurance.. .»...»»_S Other (specify) ......»»S VA DisabiLjjyr_,-..-...„_S 580.00 »-_»__ S j , 179 /moot` Net Pay per Pay Period _ ..»»..»......_................. :» (b) Other Income Week Month Year lnteresVOlvidends .» . »..- ......5 S .». ._»».... Pension/Annuity ....-S S Social Security r .... ....»S S Rents/Royalties ».........»....... ....»S S Expense Account ............».» ......5 S Gifts ......» ............... »»..».».. »....5 S Unemployment Compensation .S S Workmen's Compensation .. ......5 S Total, Other Income .»... »......»S S INCOME AND EXPENSE STATEMENT OF Richard Manning I verify inat the statements made in this income and Expense States Tent are true and correct. I understand that false statements herein are made sublsct to the penalties of 1e PjLCS. 4W4 relating to unswom falsification to authorities. Date: June 7, 1995 xMiAmKor Defendant S S S S S S S S S EXHIBIT "B" - r- Household - - - .--Week EXPENSES Home Mortgage/Rent i i Maintenance Child Week. r s s Utilities (telephone, heating - electric, etc.) S S Employment (transportation, lunches) Taxes Real Estate Personal Property Income Insurance Homeowners Automobile Ufe/ACcident/Health Other -- Automobile (payments, fuel, repairs) Medical Doctor, Dentist. Orthodontist Hospital Special (glasses, braces, etc.) s S S S S S S S S S S S Education Private, Parochial School S College .._._ _ S Personal Clothing S Food ... _ S Other (household supplies, barber, Credit payments and loans _ S Miscellaneous Household help/Child Caro .. . $ Entertainment (Inc. papers, books, vacation, pay TV, etc.) S Gltts/Charitable contiibutlons S Legal Fees S s S S s S s S S S S S S S S S S S S S S S i Household Child Month Month S 270.00 S 135.00 60.00 S S 2 .00 S 1,00 S 30a-.00 S S 50.00 i 156.00 S S 325.00 S 10.00 S S 10.00 S S S 20.00 S 2so_nn S 8.7)0 S S S 20.00 s Ian An i 60.00 Other child supportlalimony 585.00 payments _ ... S $s Other (specify) property'-t ax"'.:.., i • ?. .:. .;.,i .: i.. • • 17' 00 tree t un 142.00 S S S S S S S S S S S s S S S S S S S S S S S S S S S '? 2 821.:09.: Total Expenses f ::>S S t PROPERTY OWNED Description Checking Accounts Savings Accounts . » » . Credit Union .»..»_...»..... Stocks/Bonds ......... _»».» ... Real Estate ........ _......... Other ........» ....................» Total. Property ....»......_....... INSURANCE Company Hospital ? Health America Medical ............»»........... Health/Accident .............. Disability Income ........... Other (dental, etc.) ......... ('H • Husband, W • Wife, J - Joint, C - Child) Value S S S S S S S S S S S S _ S Polley No. SUPPLEMENTAL INCOME STATEMENT A. This form 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 venture; or (3) is a shareholder in and is salaried by a closed corporation or similar entity. Ownership H W J Coverages H }I)I C B. Attach to this statement a copy of the following documents relating to the business, profession, partnership. joint venture, corporation or similar entity. (1) the most recent Federal Income Tax Return, and (2)'Ehe-most recent Profit and Loss Statement. C. Name and Address of business: Telephone Number 0. Name and Address (If different than C) of accountant, controller or other person in charge of financial records: E. (1) Annual income from business ...................................................................„...................»... S (2) How often is income received? ..........................................................................»...... .» S (3) Gross income per pay period ...................................................... »............... ........ ....... _... S (4) Net income per pay period ............................................».»........................................ ».. S (5) Specific deductions if any ................................................ »».»»..... ...................... .»..»_..... S DR Ms D14227 06/10/94 PAGE DOCKET N0:157 S 19E7 PETITIO14 FOR AMENDMENT OF SUPPORT ORDER The undeesigned-F'^t-t-tioner rescrctf!*liv -P=resents- the to 1. Petitioner- is Richard Mannino and r•esiaes at e26o Carlisle Plk.r. Lot SijG. Mechantcmor.rrq. Ps. C. Respondent is-Rita r-M- Mann- na --ano res ioPS at ' F. o. ?o:r-tsxsr'- :' vara' beach. F1. • Petitioner- was the defendant in an action instituted in the Court of E-ommon-Pines o=-Camber 1'and-Cmcmtc- Fenns:?':an7-and th?'1?r?suarrzyent"wa"s'thF ple%ntlff to sato action. 4. That since the entry of saia ord v ?nu.•._• nag L%=-n a material and substenttai mange--m-•circumstanc-es 1n tnat: - '-' 3 ?,:aa1 --6 R.e+iee - 1-. 2S a- 'ASS rb? QJ- 199y c+?t 5.- T?rat-br- _ cna r?cror circvmstanr_es--t be modiiieJ in the following r•esoect_: - - --A-2?? ? -; r Re4r¢E WHEREFORE. Petitioner respectfully pravs that the said Order of Court. dated 07/24/90, be modified in the respects herein set forth. C?X --DATE -- -- -- - - - PET-tT'I ONER - cc: Larry L. Miller 97 - EXHIBIT "C-1" - DR #14,227 RITA M. MANNING, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA V. : DCM STIC RELATIONS SECTION CIVIL ACTION - SUPPORT RICHARD MANNING, DEFENDANT : NO. 153 OF 1987 ORDER OF COURT AND NOW, this 6th day of July, 1994, the Court being informed by the Domestic Relations Office that both parties petitioned the Court for a modification; and, after a hearing, IT IS THE RECOMMENDATION of the conference officer that the plaintiff's petition be dismissed due to the order amount being in line with the current guideline; and, the defendant's petition for a decrease due to possible retirement be dismissed until such time as retirement is formalized. This Order shall became final ten days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de now before the Court. BY THE COURT, k H ffer, Judge DRO: L. Miller bjh - EXHIBIT "C-2" - U) w z w z N z wz H W O O RC u Q F G E > ; f u " F ^ u 4J O a o n Na p w Q w N > n. N . C E < to z , z W U C7 •.a C7 b W x a z a Q O 0 H C H C Q H = W b z j EZa Z•a Z v Ex C " 94 az 44 ,1 > 4 U' w ?0 oW M a v z M O W> S W E Q w LL< o U , u U. Q - x U W£>4 W E CSE N E Z i H U Z X .S r •? Z U E W Q Z W W H H C4 a H0 W a a w w Bium[r L. Gwre Fmo H. HwT Matut R. ST. C" JawnA C. Oururuw TKcy L. Lamm L[aLAss wrt Rosso J. Goamom Orrin MwwaR GRIFFIE & ASSOCIATES ATTORNEYS ANO COUNSELORS AT LAW 200 NoRm Hwqvtm Srn[eT Cwuru, PA 17013 (717) 2433551 1 (000) 347•SM FAX 717.243.5063 CiNwO[mo a Tftw B"m Sur[ M. 14 No mm Mw STa[r CKvmmuw, PA 17201 (717)267.1350 RaPLY To: Cwuwr August 24, 1995 E. Robert Elicker, II, Esq. Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Re: Manning vs. Manning #2218 Civil 1994 In Divorce Dear Mr. Elicker: I would appreciate if you could reschedule the filing of Pre-Trial Statements in the Pre-Hearing Conference in the above- captioned case. Negotiations have broken down to the point where we do not anticipate resolving this matter amicably. Your attention in scheduling these dates accordingly is appreciated. BLG/jml cc: David W. DeLuce, Esq. Richard Manning Very truly yours, RICHARD MANNING, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RITA M. MANNING, NO. 2218 CIVIL 1994 Defendant IN DIVORCE ENTRY OF APPEMM Please enter my appearance on behalf of the Plaintiff, Richard manning, in the above captioned action. Respectfully submitted, GRIFFIE & ASSOCIATES ,1 Barbara J. u s, Esquire 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Attorney for Plaintiff Date: Q 5 Lin .-s t f ? SJ I:4 THE COURT OF CCFYON PLEAS OF CL^13ERLAND COUNTY, PNNSYLVANLIL Richard Manning Plaintiff" VS. Rita M. Manning Plaintiff a master with respect to the following claims: 10. 2218 19 94 OF , moves the court to appoint (X) Divorce ( X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony ( X) Counsel Fees (X) Alimony Pendente Lite ( X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. her (2) The defendant (has) ft]q W;M appeared in the action (personally) (by tJ1.)f attorney, David W. DeLuce ,Esquire). (3) The staturory ground(s) for divorce (is) (*Xgt) 3301(d) (+) Delete the inapplicable paragraph(s): (a) The action is not contested. (?x?(x lt3t x?il4F?Fx # R-k R XSABX'R k 9t?(?z $ xSP?F?' ?Rk ?x x?c9 ( )FR?{fi8X4C?H `(?PRfC (c) The action is contested with respect co the following claims: Alimonv. A Counsel Fees, (5) Costs 8 Expenses. (6) (7) The action 7(XKi4XMX) or fact. The hearing is expected Additional information, Date: April 6, 1995 MID NOW 1 \ I'R I L /(% 119 ? is. appointed master with respect to not sues of law to cake one U4oc=M (days). if any. relevant to the motion: Acraneo t Z claims , M?v ??1 iacifc) 'xaERR7(?fi?F?x Y1? =squire, 3y the Court: J t,ce 10 3 t6 PN'95 YR ry LJO GRIFFIE & ASSOCIATES SPA=y L ORrrt ATTORNEYS AND COUNSELORS AT LAW FRm H. Huff Mocue R. ST. CuuR BARww J. Yuw' AwFil1 C. D4rtu+wN TR,%cv L. Limum Leon AssaAw Row J. Gomm Oerne moam April 20, 1995 Suso Uceem To PK%COn N NW 0 E. Robert Elicker, II Divorce Master Office of Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 Re: Manning Dear Bob: 200 Nomw H,uoKR STmv Cuueu, PA 17013 (717)243.5551 1 (800) 347.5552 FAX 717.243.5083 CNA~uum TRUa &x&Nv Suitt 550,14 NanN MvN STReu CKmAKamRO, PA 17201 (717)257.1350 R4?LY To: Cuuws In regard to your correspondence of April 12, 19951 the parties will stipulate that the date of separation was January 28, 1987. Additionally, to date I have been unsuccessful in locating Attorney Beth Winters to have her withdraw her appearance in this case. Very truly yours, GRIFFIE & ASSOCIATES f Barbara J. Yunis BJY/jml cc: David W. DeLuca, Esq. Richard Manning RICHARD MANNING Plaintiff V. RITA M. MANNING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2218 CIVIL 1994 CIVIL ACTION - LAW . IN DIVORCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the plaintiff, Richard Manning, in the above captioned case. Date: 411I/95 % Beth L. Winte s ¦ Ln s co m I o- a HORACE A. JOHNSON JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS JAMES A. JOHNSON DAVID W. DLLUCE RALPH H. WRIGHT, IR. DAVID 1. LANZA JOSEPH L. HITCHINGS LAW OrFICES JOHNSON, DUFFIE, STEWART Fd WEIDNER 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043.0109 TELEPHONE 717-761.4540 TELECOPIER 717.761.3015 September 25, 1995 E. Robert Elicker, III, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Richard Manning v. Rita M. Manning No. 94-2218 Dear Mr. Elicker: Enclosed please find Defendant's Pre-Trial Statement as directed by your letter of September 5, 1995. Please schedule a pre-hearing conference. Very truly yours, JIHNSON, UFF , STEyIlART &WEIDNER J id d W. DeLuce av DWD:mh:46886 Enclosure cc: Bradley L. Griffie, Esquire (w/encl.) Rita M. Manning (w/encl.) SRwLEY L. ORnFIE McNEUE R. C&Lyew TRACY L. Cwiu LEoAL Assismw Roses J. Goewm OFFICE MuwoER GRIFFIE & ASSOCIATES ATTORNEYS AND COUNSELORS AT LAW October 10, 1995 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Manning vs. Manning No. 94-2218 Dear Bob: 200 Nom" HucvcR STREET CARLIKI, PA 17013 (717)243.6551 1 (500) 347.5552 FAX 717.243.5063 CwoAumuw TRusT BuECwo Sun 550,14 Nmm MAw STREET CKwuRsEuRo, PA 17201 (717)257.1350 REPLY To: CiARIIEU I apologize for the delay in filing the within Memorandum. I believe as you can see from my Memorandum, and in fact, from Mr. DeLuce's Memorandum, this is a very simplified case. I am hopeful that the Pre-Hearing conference that is already scheduled in this matter will assist in resolving outstanding issues. Your consideration is appreciated. Very truly yours, SOCIATES iffie BLG/jml Enclosure cc: Richard Manning David W. DeLuce, Esq. HORACE A. JOHNSON JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, IR. EDMUND G. MYERS JAMES A. JOHNSON DAVID W. DELUCE RALPH H. WRIGHT, IR. DAVID J. LANZA JOSEPH L. HITCHINCS LAW OFrICES JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043.0109 TELEPHONE 717.761.4540 TELECOPIER 717.761.3015 November 3, 1995 E. Robert Elicker, III, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Richard Manning v. Rita M. Manning No. 94-2218 Dear Mr. Elicker: I wish to correct a representation I made at the pre-hearing conference on October 31, 1995 on behalf of my client Rita Manning. I advised you that she was presently residing in subsidized housing. That information is incorrect. With the spousal support, her gross income exceeds the threshold level to qualify for such housing. I apologize for this misunderstanding. Very truly yours, JOHNSON, OF STEWART & WEIDNER GGf,Z ? - avid W. DeLu DWD:mh:46886 cc: Bradley L. Griffie, Esquire Rita Manning BaAou• L. Gwce MKH[LLL R. CALVE" Aaa[ M. S PAPo Raw J. Gawaa Once MANAMA February 15, 1996 200 Noa MAra.ca Srn[n CAaum. PA 17013 (717) 243.5551 1(600) 347.5552 FAX 717.243.5063 C?aaeuuaa Tausr Buaoaa Surtc 550, 14 Noa MAw Smw Cw eemuaa, PA 17201 (717)267.1350 Rear To: CAAuYL E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, PA 17013 Dear Mr. Elicker: GRIFFIE & ASSOCIATES ATTORNEYS AND COUNSELORS AT LAW RE: Manning v. Manning No. 94 - 2218 Mr. DeLuce and I are in fairly intense discussions concerning the final settlement in this case. In fact there is a comprehensive proposal on the table that Mr. DeLuce is recommending to his client and which I have recommended to my client. I believe Mr. DeLuce and I are both hopeful that we will be able to bring this matter to a close appreciate, however, if you would retain the that we will be able to resolve this matter stipulation that can be entered into at that Manning resides in Florida, I believe we can entering into the stipulation in your offil available by phone, confirming her agreement promptly. I would scheduled hearing so by hearing or by a time. Although, Ms. resolve the case by ::e with Ms. Manning with the terms. If we do not come to an agreement within the days, I believe Mr. DeLuce and I will be able to issues you raised in your correspondence of February know, however, that our joint hope is that this case rather than necessitating a response. Your attention is appreciated. Very truly yours, GRIFFiE 8 ASSOCIATES 7 (ifRApLE GRIFFIE BLG/lam rcc: David DeLuce, Esquire Richard Manning next several address the 9, 1996. I is resolved r qy-221K Civi ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 3?9 0000 2LA State Commonwealth of Pennsylvania OOriginal Order/Notice Co./City/Dist. Of CUMBERLAND OAmended Order/Notice Date of Order/Notice 07/31/09 X@Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: MANNING, RICHARD Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 182-28-4806 Employee/Obligor's Social Security Number US OFFICE OF PERSONNEL MGMT* 5333000026 C/O COBB Employee/Obligor's Case Identifier RM 5480 (See Addendum for plaintiff names 1900 EAST ST NW associated with cases on attachment) WASHINGTON DC 20415-0001 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current child support $ o . oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ o . oo per month in past-due medical support $ o. oo per month in current spousal support $ o . oo per month in past-due spousal support $ o . o o per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ o . o o per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) R St)CIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. -t ??4 k DO NOT SEND CASH BY "' ?. BY THE COURT: • t? ` AUG 0 3 2009 Service Type M L. OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heck you are required to provide a opy of this form to your m loyee. If yo r employee orks in a state tha is di ferent from the state that issued this order, a copy must be provi3utlo your employee even if t ie box is not chec?ed. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest: extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 5211365170 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : EJ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: D EMPLOYEE'S/OBLIGOR'S NAME:MANNING, RICHARD EMPLOYEE'S CASE IDENTIFIER: 5333000026 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT FUU ?}V O it ?R?1,t1! 20!19 A1"G' --3 Pj`i 2: 1 V N,.. ._ _"V! r 14 RICHARD MANNING, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 94-2218 CIVIL TERM RITA M. MANNING, IN DIVORCE Defendant/Petitioner PACSES CASE: 889000024 ORDER OF COURT AND NOW to wit, this 5th day of August, 2009, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter, effective July 27, 2009, pursuant to the demise of the Defendant/Petitioner. There is no balance due. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: rk M. L. Ebert-t U'-4A , Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Form OE-001 Service Type: M Worker: 21005 J'l 31 2009 12:11PM LOWTHER FUNERAL HOME 7727784664 p.2 OFOW of, VITAL STA't'?S'F# S ` CERTIFIrb Cov'( ?... Mf I*[.l"?'FTII?A. CERTIRICA'TE OF D AT .B Nd.. - 7;QWN SNAME (mv, ANOdw, =St+pHr 7: - - 4 Ei& tit's Mar a r t 'Man 'Ti F`iine l e. 'E CF:81Ft77f (A1ortM,. f7Ay.'Ywrl .. ? M9frlAday - ?y Atontlla . o+r 84 +otta s'77ttTl C)ROef4- If'Q,[nntYi L1/}' 7sfirl-' Aarww 20 3 a 27 l ip:kemhei- 13., x9 4 . ., 0 , w - IIAL 7BECU - TY la7.Mb?n " i, eigT;-::aLAi:6 (aM!iM Spratpi cocrpr,.co0!+?rl _ - ,e. atwry 0,-'l 083-1:8-7947 Brookl:yvt, - New. 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