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HomeMy WebLinkAbout95-01827 . ,. t~!i m: ~\)..: "", !if{~- f~.._i -f( {Ii; iLl ,~~i. , '~r \!1i !it" ~: 't:~:. :~f.: .. ~,' H," i:t: ~~i ,:;!(\\ ~'I' ,,' if "11 111' ,1, ~ .~ ~ ~. 'iii, 'li. t?:-. [~~~. '~. -,'c--."-'-. - -. -. . .;','.,ff), '''-'' ""d" , ~:;:;:. ~ ,i , , .. . ,:~:--"',.--;_.\ t:, ~ ~ g ;.' ~ -., , {}' ,/,. ~ ~ 0:) '-"it-;.:','." ":'_:"'. '_: - ~ .j~;~~jli;,; ;~;;~~3~L ' .t"~ ,\ , 1.\,.t ,'\' ;dr;)' , . .. .!,- "" ..1- :;:~..., '" ',~ ., ;i~l~f:\ .!.......,',.J.:- ," .t'<f~~~_:';i',. ~'" , ~! ~"', '!'; -t .!it -iJ 'II;' ~ 1ffi ':1:- i~ r . :-,~-~.\t; . i'(,:';.' ",~',~{,; \V .1 ~' . \':::..J ('. ~ ~ ~ ()o' ..-- "- ,. , " ~ ~~~\~;j~;(~}!ii{~;;:~;:"',," , , "., ~:S'~;,:/' ,...,' ,", ":~'~':~~:;~}(i'~?~~i;1;1~~i~}~~}~~#;r;';!f;~':,i~;t~i; ;,::i ,.....' ..'....... ..'..... .......~.... ..... ....... ...... ,',:. ...... ..... ...... ..... ..... ..... .~... ".'0 ..... ':+'" ,:.:,':'~~':.:':'.:.:<;.:.:.::-:.:.:~.:.:.::.:.:..:.:. :.:.:.::.:+x:--,'. ....... .... .... "" .... .... .... .... ... "" .... .... ... ... .... ... ... .... .. -..-... .. ') ;'. ---------...-..-.------ Ie! ~ ( ~ ~ ~ '.' ~ ~.' IN THE COURT OF COMMON PLEAS ~ ;i ~.# ~ COUNTY OF CUMBERLAND STATE OF _ PENNA. ~ ... ~ ~.' ~ ',' w ',' II N (). ,JJI27..,......., CIVIL...... 11)95 ~ '.' ,ALLENL. .. DUGAN, , Plaintiff ~ '.' ~ .' Vt'l'.:H1S ~ ~.' CATHY MAY DUGAN, ~ ',' Defnedant ~ ',' ," ~ '.' ~ ~.' DECREE IN DIVORCE ^" ~3:58' ,.r' AND NOW, . .. , ,J ,,-:-:-:,;-, , ,?.i. , . . , " " 199B"", it is ordered and decreed that", ,~L.r.EN, L....DUGAN", "."..', , ." .. , ..'" "'" plaintiff, and. .. . . ,~!\~f,lr, !'!~Y. P.l!CJJ;ltl, .. .. , , .. , ..' .. . .. , .. .. .. , .. .. , .., defendant, are divorced from the bonds of matrimony. ~ '.~ w ~.' ~ ~.; ~ ~.~ ,,~ Pi " w ~.~ w ~.~ ~ '.' ~.' ~ $ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None. IT IS FURTHER ORDERED AND DECREED, that the terms, provisions and conditions of a certain Agreement .~e:~":"~,e,I'!, ~~,e, ,1?~F.t,~~;;, ,q<!t\'!P. )I.P/~~" ,ql;'e, hElreby, .incorporated, in, tn1s Decree by reference as fully as though same were set forth herein .at, ~ength., , . Said. Agreement' shall' 'not' merge' wi th',' 'but' , . . shall survive this Decree. However, the ' y provisions in said Agreement shall be subject to mod' icat or termination in accordance with n y The 23 Pa . !;J701(el. ~ ,.' ,,; ~ ~ '.' ~ ;" ,'. r- .'. ~ !i ',' AII",I:U:'d..,; /1 ' ~(,Jj:"': A? ~'jf.A<, ~,,?.z.'> K,Jd.-.& ,o? I ? Prnthonnti\I'Y ~ ~.' ~ '.' ,,~ ~ ~ ,', ~ ~ ~.' ~ '.' ~ ',' ~ ',' ~ '.' ~ '.' ~ '.' ~ !~ ~ ',' ~ ..~ ,'. ~ ~ :.- ". ~ !': ~ ~.~ ~ ',' " ~ ~': ~i ~.# ~ ',' ~ ~ ',' s ~ ',' ~ ',' ~ ~ * ./, * ~ ~ ,~ . ~~.:. .::+:: -;:~:.' .:+;.-:i.:,' .:+:- .:.:- .:+:. .:.;. <+> .:.:. .:.:. .:t;. .:.:- ':.,:- .:.:- .:+;. .:.:- .:.:. .:+:. .:+:' , * .~, t..-.... ) 6~'~ d"l. t'tc;fr ~(a"j;!/ ~ ~ 4r~.d ~d..J- fY ,?(c1~;" Ilfa...4-f;d; dfi:h~$"- , ALLEN L. DUGAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1827 CML TERM IN DIVORCE , , I 1 i CATHY MAY DUGAN Defendant STIPULATION TO AMEND AGREEMENT REACHED BEFORE DIVOnCE MASTER WHEREAS, an action for divorce was rued by Plaintiff to the above-captioned number in which claims for economic relief were raised by the parties; and WHEREAS, the Plaintiff and Defendant reached an agreement regarding the resolution ofall their respective economic claims before the Divorce Master on January 18, 1998; and WHEREAS, the parties have agreed to amend the terms of their agreement of January 13, 1998, and wish to document such amendmentj NOW THEREFORE, the parties hereto do stipulate and agree to the following change to the terms of their agreement of JWluary 13, 1998: With regard to the claim for alimony, the parties agree thllt husband's obligation as set forth in paragraph 7 of their agreement shall be effective March I, 1998, rather than February I, 1998, lIB set forth in the agreement put on the record before the Master on January 13, 1998. In all other reBpectB, the agreement of January 13, 1998, iB reaffirmed, The Plaintiff and Defendant do verify that they Btipulate aB nforeBaid, and that the BtatementB herein are true and correct to the beBt of their knowledge and information and belief. Plaintiff and Defendant underBtand that falBe BtatementB herein are made Bubject to the penaltieB of 18 Pa,C,S. ~ 4904 relating to unBworn falBification to authoritieB, IN WITNESS WHEREOF, tho partieB hereto have Bet their hand~ and BealB lIS of thiB B1 day of February, 1998. ()Jk,.,i~ ALLEN L. DU AN Plaintiff C~fr/.J)u~. CATHY Y DUG Defendant ~~t Attorney for Plaintiff QJ2c ~ r"I " ALLEN L. DUGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95 - 1827 CIVIL CATHY MAY DUGAN, Defendant IN DIVORCE THE MASTER: Today is Tuesday, January, 13, 1998. This is the date set for a Master's hearing in the above captioned divorce proceedings. Today we were going to take testimony on income and expenses of the parties, an alleged loan from M. Lee Dugan, and any misconduct issues that the parties might have raised. The parties and counsel, however, have spent considerable time today working on a total resolution of this case and the Master has been advised that all economic issues have been resolved as a result of the negotiations. Present in the hearing room are the Plaintiff, Allen L. Dugan, and his counsel Paul J. Esposito, and the Defendant, cathy May Dugan, and her counsel Andrea C. Jacobsen. This case was initiated by a complaint in divorce filed on April 10, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. On February 26, 1997, the Plaintiff filed an affidavit under section 3301(d) of the Domestic Relations Code averring that the parties separated on or about October 15, 1994, a periOd in excess of two years. In response to the affidavit filed by the Plaintiff, the Defendant ~ ,-... filed a counter-affidavit stating that the marriage is not irretrievably broken and indicating that she wished to claim economic relief. with respect to the matter of the irretrievable breakdown of the marriage, the Master makes a finding based on the affidavit of the Plaintiff averring that the parties have lived separate and apart for a period in excess of two years, that the marriage is irretrievably broken. The Master understands that Ms. Dugan is not going to take exceptions to the Master's finding regarding the conclusion that the marriage is irretrievably broken. However, the Defendant has indicated that she will not agree to consent to the divorce; however, she understands that the divorce can proceed based on the affidavit averring the separation in excess of two years. with respect to the desire of the Defendant to claim economic relief, the divorce complaint itself filed by the Plaintiff, raised the claim of equitable distribution and on April 2, 1997, wife filed a petition raising additional issues of alimony and counsel fees and expenses. The parties were married on February 14, 1987, and are the natural parents of two minor children, both of whom currently reside with the wife. The agre~ment that is going to be placed on the record at this time will be considered the substantive agreement of the parties and will not be subject to any changes or ~ -.., modifications except for correction of typographical errors which may be made during the transcription. The Master is going to have the agreement transcribed by the stenographer and that agreement will be sent to counsel for review for typographical errors. After the agreement has been corrected with respect to typographical errors, then the parties and counsel shoUld affix their signatures. The signatures are simply an affirmation of the agreement which is going to be stated on the record at this time. The agreement as stated today will not be subject to any changes or modifications following the conclusion of these proceedings. The Master, upon receipt of the agreement, will retain the file until he is notified by counsel that whatever conditions of the agreement are to be met have been met, after which the Master will prepare an order vacating his appointment so that the attorneys can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Jaco,Psen. MS. JACOBSEN: with regard to distribution of the marital assets, the parties have agreed as follows: 1. The marital residence at 320 Fairview Street, CarliSle, Cumberland County, Pennsylvania, presently held in joint title, shall be transferred to the title of wife only upon her refinance of the outstanding mortgage presently payable to Capstead Mortgage Company. Such refinance shall be accomplished within 90 days of today's date. ,......., 2. The 1990 Honda Accord vehicle presently held in joint title and in the possession of wife shall be transferred to the title of wife within 90 days of today's date. 3. Wife shall release any claim with regard to the Northwest Mutual life policies of husband, including pOlicy No. 10-404-874 and policy No. 8593155. 4. Wife shall release to husband any claim with regard to the proceeds of a certain loan receivable to the parties from Jeffrey E. Cramer. 5. Wife agrees to return to husband within 90 days of today's date a dining room suite and a set of dresser drawers in the master bedroom of the marital residence. In addition, wife acknowledges that the dresser drawers which are in tho room of the son of the parties ahall bo returned to husband at some time in the futuro. 6. All other assets of the parties ahall rsmain in accordance with thoir present titlo and possession. 7. With regard to the claim for nlimony ,the parties agree that husband shall pay to wife the sum of $430.00 por month in alimony effectivo February 1, 199B. Said sum shall be in addition to the amount of $570.00 which the parties have agreed shall bo paid by husband to wifo for support of the two minor children of the partios presently in wife's custody. The partiea agree that these payments of alimony and child aupport ahall be made through the Domestic Relationa Office of the Court of Common Pleas of Cumberland county. 'I'he parties agree to take such steps liS may be necessary to assure the entry of the appropriate orders for the collection of such support and alimony. The paymont of alimony shall terminate in the event of the doath of eithor party or the co-habitation of wife with a membor of the opposite sex or her remarriage. B. With regard to wifo'D claim for counsel fees, husband agrees to pay to wite the sum ot $250.00 ,~, per month for a period of 12 months beginning in February 1998 and continuing through January 1999 on account of her claim for counsel fees and costs. 9. The above agreement is contingent on the ability of wife to obtain refinancing and to assure her coverage for health insurance through COBRA benefits for a periOd of three years through husband's former employer or otherwise. This determination of the availability of health insurance shall be completed within 90 days of today's date. At the end of the period of 90 days and upon the satisfactory accomplishment of the refinance and the health insurance coverage, the parties shall agree that a divorce decree shall be entered. Counsel will notify the Master upon the completion of these contingencies that he should then prepare an order vacating his appointment so that the divorce can be forwarded to the Court for proper action. 10. Husband shall be responsible to maintain health insurance coverage on wife and on the children until such time as a divorce is entered and on the children thereafter. 11. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow'S allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. This paragraph shall not become effective until the contingencies provided for in this agreement ""'" have boen met. MS. JACOBSEN: Ms. Dugan, have you been present throughout this discussion and the dictation of the agreement of the parties? MS. DUGAN: Yes, I have. MS. JACOBSEN: And do you understand its terms. MS. DUGAN: Yes, I do. MS. JACOBSEN: And are those terms agreeable to you? MS. DUGAN: Yes, they are. MS. JACOBSEN: You understand that once we complete this agreement that that will be binding on you and that it could be the same as if a Court order was entered into that effect? MS. DUGAN: Yes, MS. JACOBSEN: And you understand that no changes can be made in the agreement except as to typographical corrections after we leave here today? MS. DUGAN: Yes. MS. JACOBSEN: And given all that, you agree to it? MS. DUGAN: Yes, I do. MR. ESPOSITO: Mr. Dugan, have you been present during the recitation of the terms for settlement? MR. DUGAN: Yes, I have. "'" ......... . . MR. ESPOSITO: Do you understand all of those terms? MR. DUGAN: Yes, I do. MR. ESPOSITO: Do you have any questions regarding any of the terms? MR. DUGAN: No, I do not. MR. ESPOSITO: Having said that, do you agree with those terms? MR. DUGAN: Yes, I do. MR. ESPOSITO: Do you understand that there are certain contingencies here, for which we have provided, that may delay the final resolution at least for 90 days and if the contingency regarding refinancing cannot be fulfilled, that we may have to re-examine the entire settlement? MR. DUGAN: Yes. MR. ESPOSTIO: Given all of that, do you agree with all of the terms of the settlement? MR. DUGAN: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and ALLEN L. DUGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 95 - 1B27 CIVIL . . CATHY MAY DUGAN, . . Defendant : IN DIVORCE THE MASTER: Today is Tuesday, January, 13, 1998. This is the date set for a Master's hearing in the above captioned divorce proceedings. Today we were going to take testimony on income and expenses of the parties, an alleged loan from M. Lee Dugan, and any misconduct issues that the parties might have raised. The parties and counsel, however, have spent considerable time today working on a total resolution of this case and the Master has been advised that all economic issues have been resolved as a result of the negotiations. Present in the hearing room are the Plaintiff, Allen L. Dugan, and his counsel Paul J. Esposito, and the Defendant, cathy May Dugan, and her counsel Andrea C. Jacobsen. This case was initiated by a complaint in divorce filed on April 10, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. On February 26, 1997, the Plaintiff filed an affidavit under Section 3301(d) of the Domestic Relations Code averring that the parties separated on or about October 15, 1994, a period in excess of two years. In response to the affidavit filed by the Plaintiff, the Defendant filed a counter-affidavit stating that the marriage is not irretrievably broken and indicating that she wished to claim economic relief. with respect to the matter of the irretrievable breakdown of the marriage, the Master makes a finding based on the affidavit of the Plaintiff averring that the parties have lived separate and apart for a period in excess of two years, that the marriage is irretrievably broken. The Master understands that Ms. Dugan is not going to take exceptions to the Master's finding regarding the conclusion that the marriage is irretrievably broken. However, the Defendant has indicated that she will not agree to consent to the divorce; however, she understands that the divorce can proceed based on the affidavit averring the separation in excess of two years. with respect to the desire of the Defendant to claim economic relief, the divorce complaint itself filed by the Plaintiff, raised the claim of equitable distribution and on April 2, 19~7, wife filed a petition raising additional issues of alimony and counsel fees and expenses. The parties were married on February 14, 1987, and are the natural parents of two minor children, both of whom currently reside with the wife. The agreement that is going to be placed on the record at this time will be considered the substantive agreement of the parties and will not be subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The Master is going to have the agreement transcribed by the stenographer and that agreement will be sent to counsel for review for typographical errors. After the agreement has been corrected with respect to typographical errors, then the parties and counsel should affix their signatures. The signatures are simply an affirmation of the agreement which is going to be stated on the record at this time. The agreement as stated today will not be subject to any changes or modifications following the conclusion of these proceedings. The Master, upon receipt of the agreement, will retain the file until he is notified by counsel that whatever conditions of the agreement are to be met have been met, after which the Master will prepare an order vacating his appointment so that the attorneys can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Jacobsen. MS. JACOBSEN: with regard to distribution of the marital assets, the parties have agreed as follows: 1. The marital residence at 320 Fairview street, CarliSle, Cumberland County, Pennsylvania, presently held in joint title, shall be transferred to the title of wife only upon her refinance of the outstanding mortgage presently payable to capstead Mortgage Company. Such refinance shall be accomplished within 90 days of today's date. 2. The 1990 Honda Accord vehicle presently held in joint title and in the possession of wife shall be transferred to the title of wife within 90 days of today's date. 3. Wife shall release any claim with regard to the Northwest Mutual life policies of husband, including Policy No. 10-404-874 and Policy No. 8593155. 4. Wife shall release to husband any claim with regard to the proceeds of a certain loan receivable to the parties from Jeffrey E. Cramer. 5. Wife agrees to return to husband within 90 days of today's date a dining room suite and a set of dresser drawers in the master bedroom of the marital residence. In addition, wife acknowledges that the dresser drawers which are in the room of the son of the parties shall be returned to husband at some time in the future. 6. All other assets of the parties ~hall remain in accordance with their present title and possession. 7. With regard to the claim for alimony, the parties agree that husband shall pay to wife the sum of $430.00 per month in alimony effective February 1, 199B. Said sum shall be in addition to the amount of $570.00 which the parties have agreed shall be paid by husband to wife for support of the two minor children of the parties presently in wife's custody. The parties agree that these payments of alimony and child support shall be made through the Domestic Relations Office of the Court of Common Pleas of cumberland county. The parties agree to take such steps as may be necessary to assure the entry of the appropriate orders for the collection of such support and alimony. The payment of alimony shall terminate in the event of the death of either party or the co-habitation of wife with a member of the opposite sex or her remarriage. B. with regard to wife's claim for counsel fees, husband agrees to pay to wife the sum of $250.00 per month for a period of 12 months beginning in February 1998 and continuing through January 1999 on account of her claim for counsel fees and costs. 9. The above agreement is contingent on the ability of wife to obtain refinancing and to assure her coverage for health insurance through COBRA benefits for a period of three years through husband's former employer or otherwise. This determination of the availability of health insurance shall be completed within 90 days of today's date. At the end of the period of 90 days and upon the satisfactory accomplishment of the refinance and the health insurance coverage, the parties shall agree that a divorce decree shall be entered. Counsel will notify the Master upon the completion of these contingencies that he should then prepare an order vacating his appointment so that the divorce can be forwarded to the Court for proper action. 10. Husband shall be responsible to maintain health insurance coverage on wife and on the children until such time as a divorce is entered and on the children thereafter. 11. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. This paragraph shall not become effective until the contingencies provided for in this agreement have been met. MS. JACOBSEN: Ms. Dugan, have you been present throughout this discussion and the dictation of the agreement of the parties? MS. DUGAN: Yes, I have. MS. JACOBSEN: And do you understand its terms. MS. DUGAN: Yes, I do. MS. JACOBSEN: And are those terms agreeable to you? MS. DUGAN: Yes, they are. MS. JACOBSEN: You understand that once we complete this agreement that that will be binding on you and that it could be the same as if a Court order was entered into that effect? MS. DUGAN: Yes, MS. JACOBSEN: And you understand that no changes can be made in the agreement except as to typographical corrections after we leave here today? MS. DUGAN: Yes. MS. JACOBSEN: And given all that, you agree to it? MS. DUGAN: Yes, I do. MR. ESPOSITO: Mr. Dugan, have you been present during the recita~ion of the terms for settlement? MR. DUGAN: Yes, I have. ~ In ~ ~f: c" 1-- c.:., ~-:? "1' 1119 '-':.. ~2(} "- ~_J :l: 1'-. - &::t.... 4-r~- ,--.} ;::! ~c, '4:' .o'J) I., - J .,. ,:/'-- ,. -... G:H.' =-j ~j: ill j:~: -J :~-1CJ- IL ", ::; 0 0' (J QOI.l)(JKKO, KATZMAN &, OIIlI"ltAH, P.C. Paul J. Bllpooito .. 1.0. .U5454 AttonleYD for l>l..i.ntUf ]20B H.rket Otr..t P.O. pO)c. 1218 lIarrioburg. PA 17108-1268 (717) 234-4161 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLEN L. DUGAN, Plaintiff CATHY MAE DUGAN, Defendant NO. 95- I~~n IN DIVORCE 'I ,(' J ( ((I'L' ~~L'/I^- 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland county Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER I 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 Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW _, --r NO. 95 - I f.1 -, Lu..,';; ,.01'.. IN DIVORCE ALLEN L. DUGAN, Plaintiff CATHY MAE DUGAN, Defendant WAIVER OF COUNSELING ALLEN L. DUGAN, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver 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:-'lnr'/ -I I'Nr{ t- , au", 1.. {'r'1Jf" ALLEN L. DUG v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLEN L. DUGAN, Plaintiff CATHY MAE DUGAN, Defendant NO. 95- Ir~'1 <1..;.,f '/J.,.- IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, ALLEN L. DUGAN, is an adult individual, who currently resides at 35 West Lowther Street, CarliSle, Cumberland County, Pennsylvania. 2. Defendant, CATHY MAE DUGAN, is an adult individual whose current residence is 320 Fairview Street, CarliSle, Cumberland County, Pennsylvania. 3. Plaintiff avers that he has been a bona fide resident in the Commonwealth of pennsylvania for a period of six (6) months previous to the filing of this Complaint. 4. The parties were married on February 14, 1987, in Adams County, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. B. Plaintiff requests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through B herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. COUNT II 11. The averments of Paragraphs 1 through 10 herein are hereby incorporated by reference thereto. 12. Plaintiff and Defendant have acquired property, during their marriage until the date of their separation, which property is marital. 13. Plaintiff requests this Court to preserve his right to have all marital property of the parties equitably distributed. WHEREFORE, Plaintiff prays Your Honorable Court to: \~ Lr> en - N '/'J ~ \<) ~ ~ 'Is'~ "- '- ,0;) .,., ;::). \ I~ ..... ~ .......... ~ .~ ~ "" ~~"J ~ rtJ \,.. l'-' '\. " ~ '''-'0 >..(. .;:.. ~\~j \,.... CJ ~ \::..j . ,- " - 0:: ',I CJ ,-, N = ~. ...., . '-. '-t-' - .~ f"\..-) \" - ."\: j.~ ~._.t ",- eI' 0 i.:r; ..:l j:;.: (~~ I.~ t.... L'! UI.> ..,.-: (,2(' , r.l.... u.. . -'1' 1':.J ~I' ",M (.1 \.r) "I>) C. N "\?,; j t... :ii;h ;:.II.' r.r~ U:.. w :'!:;,)... r:-; u.. ...:.: H.. r- .::> 0 0\ <-) ALLEN L. DUGAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (1 .0 ,:> c: -a "~I' ~. r- J .,-,~r '''0 -:;...." ~u: :xl .Ir-: .'.-." I ~r'J Zt:.- r"". .'~O co.' ... '.Ir\ ~~. :t'j:--t. ~ '-'" -J .)'n ;";,. ::t: ..0 ~... rr, ....:(. - ;.j .- {: .. .-t ~ N ~J. 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 hy the Court. Ajudgment 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. V. NO. 95-1827 CIVIL TERM CATHY MAY DUGAN, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IFYOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: 717-240.6200 . ALLEN L. DUGAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1827 CML TERM IN DIVORCE V. CATHY MAY DUGAN, Defendant PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE AND NOW COMES the Defendant in the above captioned matter and asserts the following claims for relief under the above action under Section 3301 of the Divorce Code: Claim for Eauitable Distribution 1. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." 2. Plaintiff and Defendant have not agreed as to an equitable division of said property. 3. Defendant requests the Court to equitably distribute all marital property of the parties. Claim for Counsel Fees. Costs. and Expenses 4. Paragraphs 1 through 3 are incorporated herein. 5. Defendant has hired counsel but is unable to pay necessary and reasonable attorney's fees for said counsel and the costs and expenses of litigating her rights in this action. 6. Plaintiff is financially able to provide support and maintenance for his wife, the Defendant. I, CATHY MAY DUGAN, hereby verify that the statements made in the foregoing PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE are true and correct. I understand that fulse statements herein are made subject to the penulties of 18 Pa.C.S. Section 4904, relating to unsworn fulsification to authorities. Dated: tfj I / q1 Ca~ -ma.4f.l),*, CATHY Y DUG'AN, De ndant . - Al.LEN L. DUGAN, Plainti ff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CATHY MAY DUGAN, Defendant NO. 95-1827 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: CATHY MAY DUGAN, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counteraffidavit to the plaintifrs affidavit. Therefore, on or after April 30, 1997, the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counteraffidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a wrillen claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDA VIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF TIlE COURT IS ATIACHED TO TillS NOTICE. 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. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 TELEPHONE: (717) 232-7536 GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~. PAU /,. POSITO, ESQUIRE 320 Market SI., P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-416f Allorneys for Plaintiff - . ... ALLEN L. DUGAN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1827 CIVIL TERM CATHY MAY DUGAN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO RF.QlJR'lT ENTRY OF DIVORCE DECREF. TO: CATHY MAY DUGAN, DEFENDANT ALLEN L. DUGAN, Plaintiff, intends to tile with the court the attached Praecipe to Transmit Record on or after May 7, 1998, requesting that a final decree in divorce be entered. GOLDBERG, KATZMAN & SHIPMAN, P.C. 7 " I. (/, ''/' -/ By . ii..ll {/ 7(}~,.(' ct'd2 PAUL l;/ES~ SITO, ESQUIRE 320E Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID #25454 Attorneys for Plaintiff , .. ALLEN L. DUGAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CATHY MAY DUGAN, Defendant : NO. 95-1827 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RRCORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under ~330l(d)(I) of the Divorce Code. 2. Date and manner of service of the Complaint: certified mAlI, return receipt reQI.ested, restricted delivery, on April 15. 1995. 3. (a) Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff ; by Defendant _' (b)(I) Date of execution of the Affidavit required by ~3301(d) of the Divorce Code: Februal:)' 18. 1997. (2) Date of filing and service of Plaintifr s Affidavit upon the Defendant: Febnlory 26.1997. 4. Related claims pending: Economic rlAlms have bren settled by woy of the Report nt:..lhll MAster doted .JAnuary 13. 1998. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (a) (b) Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: " ALLEN L. DUGAN PluintirflH..splllld..llt : IN TilE COUHT OF COMI\ION PLEAS : CU~ILlEHLAND COUNTY, PENNSYLVANIA V. : NO. 95-1827 CIVILTEHI\! CATIIY I\!AY DUGAN, Defelldmll/Pluintiff : IN CUSTODY OHDEH OF COlJHT . J1(ff I hv..'a,~ I . AND NOW, this duyoN , ,19~ huvlIIg reviewed lhe Slipulutillll for Cusllldy lu this lI1ulter, Ih.. Court is sutisfiedlhul lhe hesl illteresls of the lI1illOl' ehildreu will he s..rv..d hy sllid Slipululion lint! ills OHD8HED 1I11t! DECHE8D Ihllt: I. The flllrtl..s ugree thut Ihey shllll shllm leglll eustot!y of Iheir ehihlren, AlI1l1l1dll IIl1d Tllllllel'. Th..y ugr.... thul Ih.. Mothl'r, Clllhy Muy DUgllll, shuH huve prill\llry physienl custody of lhe ehildrell, sllhj..et III the right llf visilntioll hy the Fnther, AII,," L. Dugnll. 2. Th.l pllrlil's IIgrt'e Ihlll th.. Flllher shllll nlso hllve pllrtilll physienl eustody liS follows: 11. nlternntillg wl,..k.'lIds fro III FridllY lit 7:00 p.lII. ulllil SIIIIdllY 111 11:00 p.lII. h. llll" eVt'lIillg endl w....k. e. shllrillg of IIIl1jor hollduys. d. iu lieu of SlIlIUlll'r l'IWUlioll. FUlhl'l' would nlso IIIIVl' pllrtiul flhysieul h. onc cvcning cneh wCl.k. c. ~llIIring of IIInjor holi(lny~. d. in Iicn of ~nllllllcr vncnlion, Fnthcr wonld nl~o hnvc pnrtinl physicnl custody for scvcml dnys during thc Christlllns school vnenlion pcriod, hy lIIutulll ngn~clllcnt of Ihc pnrlics. e. olhcl' pcriods of pnrtinl physicnl custody IIIny hc dctcnuincd hy the pnrtics. a. Until such tillie, thnl Allcn Dngnn cSlnhli~hcs n rcsidcncc thnt would hc suilnhlc for Ihc childrcn to slny, lhc childl'l'n will spcnd ovcmighl visilntions in thc hOllle of 1\11'. Dugnn's pl1l'cnls. 4.. Thc pnrtics ngrec lhul Ihcy shull scck nn Ordcr of Courtnuopting the lenns of lhis ngrcclllclll ns to custody of thcir childnm. The pnrtics uckllowlcdge Ihul the terllls of custody IIIUY he suhjcl:1 In IlIodificntion hy thc Court in the evenl of n IIInjor chunge in cil'culIIstuncl's of Ihc pnrlics. Thc Pluintiff nnd Dcfl'ndnut do vCl'ify thnt thcy slipulule ns nforcsnid, nlld thut the slnlclllenl~ hereiu nl'c truc nnd corrccl to the hl'sl of lheir kllowledge lIIal infonnntion IInd helief. I'lnintil'f nnd D(~fcndnnl nndcl'slnnd thlll fnlse stntelllcnls hercin nre IIInde suhjeet to thc pcnnlties of 18 I'n.C.S. * iI9()'I. rdnling 10 lIn~worn fnlsiricntion to nuthorities. ~ ~~ t-o "- '::::- '1 4 s:' iT Cl I:: ~. ...::: ~0. c.:--, ~ 1..... "- I... cl.:U ... 1, 9'" .' , J' , ~--, ~ . - fijul ,.:) .__.1 "J :;Jj, ) ri}; , , . , 1 i ~ l . - ,- t,- ~ (.'" ..) C' ~ ", , ~ ?2-fJ Ci-l~- ALLEN L. DUGAN, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 95-1827 1995 CATHY MAY DUGAN, Defendant/Petitioner : IN DIVORCE ORDER AND NOW, this Jz1.h day of S..-(J~qd,.,r, 1995 upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before J.\v. ~(:-d-i.(,-'d(Vf ,~ifie Conciliator, at t/l"/,flocv ll"...b. Co. LGLd.\ro....1 I- , on the ~ay of -1l IJV .",l;(g95, at10. 3J o'clock -'lm., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: :1tJa,j;(J;J~6fL(. Custody Concil{ator .~.gf/ YOUR SHOULD 'l'AKE 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. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240.6200 Allen L. Dugan and Cathy May Dugan 320 Fairview Street. Carlisle, Cumberland County. Pennsylvania. 17013 6/93 - 9/94 Cathy May Dugan 320 Fairview Street, Carlisle, Cumberland County, Pennsylvania. 17013 9/94 - present The natural mother of the children is Cathy May Dugan, Petitioner, defendant in the above-matter. currently residing at 320 Fairview Street, Carlisle. Cumberland County, Pennsylvania. She is married. The natural father of the children is Allen L. Dugan, Respondent, plaintiff in the above-matter. currently residing at 35 West Louther Street, Carlisle, Cumberland County, Pennsylvania. He resides in a firehouse. It is unknown with whom he resides. He is married. 4. The Petitioner hill! not participated Ill! a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 5. The Petitioner hill! no information of a custody proceeding concerning the children pending in a court of this Commonwenlth. 6. The Petitioner does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. .:r- ,.. CI:. Ln en ,- --.J - .c >- = "1- I: r:t u... IJl t: :~:-, f'f) '" (..). ~ . " ..:. '"':l 0 l... '.J (~.. . ~ rl ". ;'; t.:, . ~ 0 (Y) (,>1.._:....1 C1 ... -;~) 0 \".[ r.., j"J \ , ~ V) ~ <., ..... ~ "" ~.; t..' -0; I>j.. cJ r::L ALLEN L. DUGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n'Vrv v s . CATHY ~ DUGAN. Defendant i' i.': NO. 95-1827 CIVIL 19 IN DIVORCE STATUS SHEET DATE: -'ll -- i'.,1d W'o!o f{? t1lAJI~ ';lS. I., 13.qe Q+ '7: OV a I Vl'L- . _ Cv--' ~ q,\ 0-<'<"''-\4.(. ~AJ1..L./J{ ;u,-6olJ'-u,'f' I:J..~ C1. ~lJ'{ c:rv'\ "tt.c..A-lUr-V( JA.I td.lp ~j- r ~0~:b(J...,^--~ uJj~(~ (l~4 Ir4l~ /;. t; -<.1./ _-1~ v. u~..,i, rr,..,'~ it. ((.,..:...t ~I.JV,..... fW. -u.v::c< ~ cvLL...v><.~ C~v.Jl ~~ 0.... ~ V'\{f lIiI.l""t:;t ~ h.IMJ~l\.d: , -11,n~I~,UJ /I-tp~ 1".,~,~.tll'/-<J ~ ~v.)-" .<.."o'~_~ Sl0>..u.;I 6 I.h {{ w.! '>J\.vtl':t~ljtl ej (,. 'j'l ' '~llilt\l',I",1 -1"'2, ';&:&--.v. . + J ~. - 'l ./ 1"1.l__ ,-t/ '(t..~/... ~IL '. .r-w t-..... '" ^'_4A..rcl,(~~ -t._"" t.J1A (-..1 )1nlu,1 (1"\.: . f I (I ~~ ~l' lit ...<.-c~J....tJ- I '-<uw.A. fl^:L..L.- f., ~,,,,^,,.( <{f ~ """-,,..t -!.~'-N'A 4'---;lV ~ ~t- ."Hj.~^".\ ,iLLt..-~. It,,,v.......J~. c.v-:[<. O.l~,-,^-':j .AL(-u."'~"'~''-'''' C"/l'~{J..d.v( , D." I..J.,.., ......"(L...tJJ-^.~ ~w...~ c~"';'~~T;.~.-d-.: " Ilu 11 V r ~ t-/l,(!('{ - 'fi I {CJ l( ''\ ... OFFICE OF DIVORCE MASTER CUMBERLANO COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Master Tracl "0 Colyer Ofllce Manager/Reporter West Shore 697.0371 Ex.. 6535 June 9, 1997 Paul J. Esposito, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market street P.O. Box 1268 HarriSburg, PA 1710B-11268 Andrea C. Jacobsen Attorney at Law JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 RE: Allen L. Dugan vs. cathy May Dugan No, 95 - 1B27 Civil In Divorce Dear Mr. Esposito and Ms. Jacobsen: By order of Court of President Judge Harold E. Sheely dated June 4, 1997, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on April 10, 1995, raising grounds for divorce of irretrievable breakdown of the marrlage and the economic claim of equitable distribution. The motion for appointment of Master indicates that alimony, alimony pendente lite, and counsel fees and costs are at issue; however, I cannot find any pleadings in the file raising those claims. Consequently, I will go forward on the basis that equitable distribution is the only claim at issue. An affidavit under Section 3301(d) was filed on February 26, 1997, averring that the parties separated on October 15, 1994, a period in excess of two years. Consequently, grounds for divorce do not appear to be an issue. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pre-trial statement on or before Monday, June 30, 1997. Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to Mr. Esposito and Ms. Jacobsen, Attorneys at Law 9 June 1997 Page 2 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. . ~ ALLEN L. DUGAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 1827 CIVIL vs, CATHY MAY DUGAN, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Wednesday, September 24, 1997 Present for the Plaintiff, Allen L. Dugan, is attorney Paul J. Esposito, and present for the Defendant, Cathy May Dugan, is attorney Andrea C. Jacobsen. A divorce complaint was filed on April 10, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. on February 26, 1997, an affidavit under section 3301{d) was filed averring that the parties have been separated for a period in excess of two years, since October 15, 1994. Counsel for wife has indicated that she will check with her client to see if she will sign an affidavit of consent so that the divorce can be concluded under section 3301{C). If not, there no issue that the parties have been separated for a period in excess of two years and Mr. Esposito can proceed with the 3301{d) affidavit. The parties were married on February 14, 1987. They are the natural parents of two children, Amanda, age 7 and Tanner, age 3. The divorce complaint raised the economic issue of equitable distribution. On April 2, 1997, wife filed a petition for related claims raising the additional economic issues of alimony and counsel fees and expenses. With respect to the alimony claim, we may have an issue regarding marital misconduct involving husband's alleged relationship with a female friend pr:or to the parties' separation. If husband will not stipulate that the relationship with the female friend was ongoing before the separation, then we will have testimony on that issue at a separate hearing. Husband is 33 years of age and resides at RR 1, P.O. BoX 141, Ickesburg, Pennsylvania 17037 with a female friend. He is a high school graduate and has an associates degree in mortuary science. He works as an independent contractor for Direct Transit Inc. There has been some question raised about his actual net income and although Mr. Esposito has provided documentation of income on his pre-trial statement, nevertheless, we need to specifically determine how much income Mr. Dugan has net weekly in order to properly evaluate wife's alimony claim. To that end, we are going to also take testimony, the same day we have testimony on the marital misconduct issue, on the income and expenses of the parties. Husband currently is paying $400.00 per week to wife for herself and the two children on a voluntary basis. There is no allocation of those funds for spousal and child support. Husband has not raised any health issues. Wife is 37 years of age and resides at 320 Fairview street, Carlisle, Pennsylvania, with the two children. She is a teachers aide at Wee Care Early Childhood where she works approximately 18 to 20 hours per week. She has reported her net income at around $110.00 per week. Wife is a high school graduate and is currently taking courses toward earning a degree in sociology so she can hopefully become employed as a social worker. Wife has had, in her medical history, a problem with polio and as a result has a nonfunctioning left arm and functional problems with her right arm. Wife also has some problems arising out of the separation with depression. Husband's counsel has indicated that he would like to reserve the right to have wife evaluated by a vocational expert inasmuch as wife's work history did indicate that at one point she worked as a medical secretary earning approximately four times the current earnings that she is now reporting. Wife is the beneificary of husband's medical insurance coverage along with the children. However, upon the entry of a divorce decree wife will not be covered under husband's policy and counsel for wife is going to provide specific information regarding the nature of coverage that would be available to wife and the cost of that coverage. currently husband is paying $210.00 biweekly with Aetna Life for coverage for the family. Mr. Dugan's attorney is going to verify whether or not COBRA benefits would be available to wife and if they are available, what the cost of those benefits would be. The parties own real estate at 320 Fairview Street, Carlisle, Pennsylvania, which counsel have stipulated has a value of $110,000.00. The property is subject to a mortgage of around $58,000.00. The mortgage payment, which includes taxes and insurance, is $777.00 monthly. Wife has indicated that she would like to remain in the premises with the children and we have had a discussion about how that may be able to be worked out to perhaps reduce the amount of the mortgage payment and also to allow wife additional time to buyout husband's interest in the property at some future date. Counsel are going to consider the options available to the parties considering ~ perhaps refinancing and deferring husband's interest as part of an arrangement to allow wife and the children to remain in the house. Husband owns a 1991 Chevrolet extended cab pickup truck and has placed a value on the vehicle at $12,000.00. Wife has a 1990 Accord with a value, husband says, of between $6,000.00 and $7,000.00. Counsel are going to verify the values on the vehicles through appropriate car value books to determine if they can stipulate to a value for the vehicles. Neither vehicle is subject to any encumbrances. Mr. Esposito has listed three savings accounts on his pre-trial statement. Counsel do agree that the Farmers Trust had a balance at separation of $600.00. With respect to the two accounts at Adams County National Bank, neither counsel has any information about them and are going to inquire of the parties if they can provide specific data about those accounts. Husband has reported a Northwest Mutual life insurance policy with a cash surrender value of $7,B07.0B. He is going to verify that information to Ms. Jacobsen. with respect to the other Northwest Mutual policy, no information has been provided as to a cash surrender value. Although Mr. Esposito believes that will be substantially less than the other policy since it is for only $20,000.00. The policy with the cash value of $7,BOO.00 plus is for $100,000.00. There is a loan to Jeffrey E. cramer which husband is receiving payment on. The balance on that loan is $9,000.00. Both husband and wife acknowledge that the money was lent to Mr. Cramer, who is a friend, and that he has been making payments on the loan. Husband is required to account for what monies he has received on the loan since separation and what balance is due and owing on the loan. The parties have not valued the household tangible personal property, much of which remained with wife in the marital home although wife claims that husband has many guns, power tools, and some fishing equipment. Husband has indicated that wife can retain the property which is in the house except that he would like to have the dining room suite, cordless Makita drill, a 3/sth inch Black and Decker drill, and some miscellaneous tools. In order to do the equitable distribution computation, if the parties are not willing to each retain what he or she has, without a value being assessed, then we need to have the property appraised in order to use a value in the computation. Before the parties separated in April of 1994, they bought a Harley Davidson motorcycle for $13,900.00. In March 1996 the motorcycle was sold for the same sum of money. Husband used $9,000.00 to payoff the loan on the motorcycle and $l,BOO.OO to payoff his pickup truck. That left a balance of $3,100.00 which husband received of marital funds which needs to be accounted for in the distribution. Ms. Jacobsen has requested verification of the amount of money that husband claims he paid to the bank on the loan on the Harley Davidson. The only marital debts that are reported are the mortgage on the marital residence and a debt to M. Lee Dugan, husband's father, which counsel said was borrowed in october 1987. Counsel are going to inquire as to whether there is any documentation of this loan, if payments have been made, and if husband's father intends to be paid on the obligation or, in fact, if no payments have been made since 1987, if it can be considered a gift. In any event, on that issue, when we take the testimony on the husband's alleged extra marital relationship and the income and expenses of the parties, we will also take testimony on the alleged obligation to husband's father. Ms. Jacobsen has requested that Mr. Esposito provide her with information on how husband was able to purchase an expensive over-the-road tractor-trailer vehicle. The inquiry is to determine whether or not husband used any marital assets in the purchase of this vehicle. Mr. Esposito, in making his decision about whether or not to do a vocational evaluation, has requested that Ms. Jacobsen provide him with current medical records so he can assess wife's medical situation. A hearing is scheduled on the issue of marital misconduct, income and expenses of the parties, and the alleged loan from M. Lee Dugan, husband's father, for Tuesday, January 13, 1998, at 9:00 a.m. Notice will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master cc: Paul J. Esposito Attorney for Plaintiff Andrea C. Jacobsen Attorney for Defendant Dugan v. Dugan No. 95-1827. in Divorce MARITAL ASSETS 1. Marital residence, 320 Fairview St.. Carlisle, Joint title. purchased 6/93 for $106.000. paid $40,000 cash, $65,000 mortgage. estimated FMV 110,000.00 2. 1991 Chevy extended cab pick-up truck, H's title, purchased 4/94 for $16,999, current value. ? - paid in full 3. 1990 Honda Accord. Joint title, purchased 3/90 for $14,475. current value - ? - paid in full 4. Savings Account. Farmers Trust, W's title, DOS value 600.00 5. Savings Account Adams County National Bank, Joint title W has no information on this account 6. Savings Account Adams County National Bank, H's title W has no information on this account 7. Northwest Mutual Life Insurance Policy. H's title 7.807.08 8. Northwest Mutual Life Insurance Policy, H's title 9. Loan receivable from Jeffrey E. Cramer, Joint 10. Miscellaneous property 11. Proceeds from sale of 1994 Harley Davidson Motorcycle MARITAL DEBTS 1. Home Mortgage, now payable to Caps lead Mortgage Co. 58,000.00 2. Personal loan, owed to M. Lee Dugan 9,000.00 "" " o'6I:iiniRa/KA TZ!;i;(N{ Be. SHj:PMAi1;:'P;C?' .'~'fiL~ci~j'i'~~[~~j~;~~(lrf!~. . ...... - ...... ',' 5. INCOME STATF.MF.NTS - See Income and Expense statement of Plaintiff. 6. EXPENSE STATEMENT. statement of Plaintiff. See Income and Expense 7. PENSIONS. - Neither Plaintiff nor Defendant has any pension or retirement benefits. Plaintiff did become a participant in a 401(k) Plan through his employer subsequent to the separation of the parties. The current balance in the plan is approximately $251.00. 8. DISPUTED PERSONAL PROPERTY. - The parties have essentially divided their marital personal property, however, Plaintiff does wish to recover certain items of personal property which remain in Defendant's possession. 9. MARITAL DEBTS. - See Inventory and Appraisement. 10. RESOLUTION OF THE ECONOMIC ISSUES. (a) Defendant and the children may continue to reside in the marital residence. At the expiration of five years, Defendant will refinance the mortgage in order to remove Plaintiff from that obligation. If she is unwilling or unable to do so, Plaintiff, at his option, may refinance the mortgage, assume ownership of the property and pay Plaintiff her equitable share of the equity. If neither option is chosen or feasible, the property will be sold and 2 the net proceeds, after payment of the mortgage, real estate taxes and normal closing costs, divided. In the event Defendant refinances within the five year period, she will be obliged to pay plaintiff his share of the equity, to be determined by calculating the difference between the fair market value and the principal balance on the mortgage at the time of settlement. Under any of the foregoing scenarios, Defendant would be entitled to 55% of the equity or sale proceedS and plaintiff would be entitled to 45%. (b) The parties will retain the personal property presently in their respective possession with the exception that plaintiff will recover the dining room suite, (consisting of a table and chairs), which was received from his grandparents. (c) plaintiff will make no claim for the approximate $600.00 Defendant retained from the parties' joint account at Farmer's Trust at the time of separation. (d) plaintiff will be entitled to the outstanding proceeds of the loan receivable from Jeffrey Cramer, which is approximatel~' $9,000.00. plaintiff will also be solely responsible for the loan obligation outstanding to his father, which is also approximately $9,000.00. (e) plaintiff will maintain the two policies of life 3 insurance through Northwest Mutual with death benefits of $100,000.00 and $20,000.00, respectively. The children will be named as sole beneficiaries until the younger child attains age 23 years. At th<lt time, Plaintiff may retain the children as beneficiaries or take any other action with respect to the beneficiary designations or the policy itself. (f) Plaintiff will provide child support initially in the sum of $650.00 per month, which will be payable through the Domestic Relations section, if Defendant so chooses. Plaintiff will also pay $750.00 per month as alimony to Defendant through August 31, 1999. Effective september 1, 1999 and ending AUgust 31, 2002, Plaintiff shall pay alimony to Defendant in the sum of $500.00 per month. At that point, Plaintiff's alimony obligation shall terminate. In the event either party dies, or Defendant remarries or cohabits prior to August 31, 2002, the alimony will end upon such occurrence. (g) Plaintiff will be entitled to declare Amanda as an exemption for federal income tax purposes beginning with tax year 1997. (h) Plaintiff will continue to provide medical insurance for Defendant and the children until divorce and for the children thereafter until they are no longer eligible under his plan. The 4 . cost to Plaintiff for this coverage is approximately $210.00 biweekly. Plaintiff will be responsible for the childrens' uninsured medical expenses in accordance with the support guidelines. (i) Each of the parties will be responsible for their own attorneys I fees, costs and expenses associated with this action. (j) The parties will execute affidavits of consent to allow this matter to be concluded through the mutual consent provision of the Divorce Code. In the alternative, the divorce will proceed in accordance with section 3301(d) of the Divorce Code. Respectfully submitted, GOLDBERG, KATZMAN' SHIPMAN, P.C. By /- ~t(1 POSITO, ESQUIRE 320E Ma et street Post Office Box 1268 Harrisburg, PA 1710B-1268 Supreme Court ID #25454 Attorneys for Plaintiff 5 ~~ . ~ ~ ..: 0( ~ ~ 8 ..: ~ ",... .... .... .... "..:I :z: :z: :z: :z: :z: :z: :z: 0 . '. :z:'" '" 0 ... :0: ... ~ .. .. ... i:: ~..:I ...'" ljO M ~ ~ ~ ~ ..: 0( 0( ~ 01 .. .. .... .... ~ .... "'... '" :z: :z: :.: :.: :z: :z: :.: ..'" 101<=1 '" Oil .. .. '" ~ ~ ~ ~ ~ ~ 0( ~ ..... '" "..:I '" .... il>. ... :z: :.: :z: :z: :z: :z: " :U ~ 0 .. 0 Oil . .. 0 ~ ~ ~ ~ ~ 0( ..: ~ ...... 0 !i..:l 0 ~ .... . :z: :.: :.: :z: :z: :z: j~ (D '" .. .. :> " .... ~ .. 0 .. :>'" 0 ".. 0 0 0 .<: U ::... 0 0 . 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'tio-l ..... 0 ~ ... ~ ~o-l ..... :I: t:o .. .. .. 0 ...... 0_ I'j~ .... 0" ~~ ... .... o~ ..... ~;:l 0(0.. " P>. :1:"'''' U Z~ .... ;l~ ... "'... o ~ ~c! ~;:l ~tiS ~~ :I:...'ll "'... "''' ...~ ~ " at! .. ~.. .!l'" 0:;1 I:l ..:l ~ >5 ~...~ "':;1 :1:"''' 11" 5tl ~~ oe I g'" .... 0"'0 0" . .. ... o...u o . g05 .. ~ ~i '5'" ::lo.l! ~ ~~ ..... ';l... "... 0'" >0 "'0 " ..... "'''' ..... ...... 8~ 0", 1IlE: .. .... co 0.. "'"' ... .!l"t: :llJ. 8~ .!l~ .. " ..... ~! .. .. ~... :1::( ,,>. .. 0'" .. .. .." ... ... ..... ,,"'U ~g. ",oij' "" ..~" UAo :-;:11 .. c!'ti "''':lJ ...'" ~ ... . ..... ... NON.MARITAL PROPERTY Item Description of Names of All Current Value Reason for No. Property Owners Exclusion 1. 1980 Honda H Unknown Acquired Prior Motorcycle to Marriage 2. 401 (k) Plan H $251.00 Acquired Subsequent to Separation 3. PNC Bank Checking H $100.00 Acquired Subsequent to Separation 4. PNC Bank Savings H $163.00 Acquired Subsequent to Separation 5. PNC Bank Checking H $150.00 Acquired Subsequent to Separation I. I I ! MARITAL LIABILITIES ITEM DESCRIPTION OF NAMES OF NAMES OF ORIGINAL CURRENT NO. LIABILITY ALL CREDITORS AMOUNT OF AMOUNT OF DEBTORS LIABILITY LIABILITY 1. Demand Note- H&W M. Lee Dugan $9,000.00 $9,000.00 Personal Loan 2. Home Mortgage H&W Fleet $65,000.00 $58,000.00 Mortgage Co. PRELIMINARY INCOME AND EXPENSE STATEMENT OF ALLEN L. DUGAN INCOME Plaintiff's sources and amount of income for 1996 are itemized below. Copies of plaintiff's pay stubs and 1996 Federal Income Tax Return are attached. 1. Direct Transit, Inc. $ 140,589.76 (Form 1099) $ 21,009.00 Gross Taxable Income 2. HMHTTC $ 6,480.00 plus $ 1,078.42 Gross Taxable Income 3. Union Fire Company $ 989.00 Gross Taxable Income 4. Dugan Funeral Home $ 1,700.00 PRIMARY EXPENSES PER MONTH Support for Spouse and Children Family Medical and Dental Insurance and Bills $1,600.00 Gasoline $ 450.00 $ 200.00 Food S 125.00 Total $2,375.00 .. . . .. . .. 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SIt1.m.nl Capy C Far zo EMPlOYEE'S RECORDS ''I Itllll' ...". I". MI. ""'_1'" . 111~...,.. 181.44 w.w................ 21~~1.. 0..-.-...... l,....,.,..............._ ........ '1\ o ::l ::: - N ... U1 . Ol !; :z ;0; ::E N . n o 'tl -c . '1 ~ ......................-- QU ",...- . Conll.' ,..,mOll 'WIoIJI1. \10'. IINI comlH...lllO" .1 ,~".. II'\C.lIm. II' """NWod 1078.42 J $ocr.. "QoIllry "1oIJ1t . $ocr.UCI.lIllY II. ""'I"""'. 1078.42 66.86 I MllllCl', ...,.. .,... 110' . MfG'c", 11.1 ,,'11'lN1II 1078.42 15.64 10497 HMHT'I'C RESPONSE TEAM INC RD AKA RT 202 CltnplO.,.,..~..Id.'"..II'dZlPcD.. 333 LIT'I'LETON THIRD FLOOR PARSIPPANY NJ 07054 ., $ocrtl ..CUIIlY 110. ....lloul.O\lO. . .......6I\C.IICo.."'.nl 10 O'Plna'"1 "" 01"",1. 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II) I OMS \';3 l!"!.\)OTJ You, 10CIII ucunry numb., rn is:;J.'.<S7r Spou..', '01;1.1 ucunty numb" 1?4' S'f'I{Gl{;f For help finding IIn. Instructions. "' pDg.. 2 and:) In Ihe bookl... L. :: 1'-' L II. ;''''1 'Ulurn. ':O~l"" Ilflll'l.mt ,no In.l.'' II,) LUl "3ml Ye. No Nol'l Cl'lKAltl9 -.....--1-.,... ",NI nO' .. '. ..---., :".1",' ,!CUlI.l1 c' >< "au" yOuI ttfu,.a. Single Married filing loint return (even if only one had income) Matried fiU!'l9 leparale return. Enter IPouse', sociallecurUy no. ,tOll' ,nd 'uti name hilt. II- Head of nousehold (WIth c;ualifyll'lg personl. (See inSlrUCtl:ms.) It Ihe Qualifying pI''Jon II I Child but nOI your dependenl, enler this child'S name here. .. 5 Ouahlving widow!erl with deDendenl child (year 'DOUse died ~ '9 ). (See 1"I"OCllon.' 6a ~ourseU.1I your parenl (or someone else) can claIm you as a depend.nl on hll or her II"} HI. II UIII o relum. do not check bo" 6a. . . . . . . . . . . . . . ., IlI,nn u .::L.. IU'''''lIId'' b pause........................, HI. I' ,0111 C Dependents: 121 D,p,na.nl' SOClIl I I OIDlno.nl, ,., 1;1 mt"1II1 IIIlIdl," 1ft IIn, stC1Jtlty nllmll". II ~Ol/l 1I11hon'MIIO h1d lit "vi Ic .110: ., 111 FI"I rum. In 0,(. '995 '" IIISI ou " Mf 11I1 "" . 1I,'d wll",IU ,\.1 ~~ . '1I1"'IU,....II" NO' ;J. ,.. dUlII ""'" " ",Inu.. ".. 1/lIIIVCIIIIII' _ OUllld,"II.. Ie /l1'IIIII"d'''''_ Alld/lllmll.n '/111111I1" hillS no., ~ Income 7 81 AUlch b Copy B 0' your 9 Forms W.2, 10 W-20, Ind 1D99.R her., 11 11 you did nol 12 ;e' a W'2. 13 set! Ihe 14 InstruCllons 15a ~cr line 7. 16. El'\close. but do 17 ""t 1113Ch. any ;:ayme"t. Also. la please enclose 19 Form 1040.V 201 Isutne 21 .nstlucuons :or line 621, 22 Adjusted 231 b Gross 2' Income 25 Your IRA oeaUCllon (see Instruc:,onsl Spouse's IRA deducUon 1see InstruCllonsl MOVing eapenses. AlIacn Form 3903 or J9CJ.F One.hall 01 sell.employment tal.. ~tlaCh Sc:'\oaule SE :1 hne 31 IS undtr 25 Sell-employed health Insurance 'JeOucllon iSle ,nst'. S2BA9S lunde' 27 Keogn & sell. employed SEP Pl.n., II SEP, ,neCk .. 0 i9.500 il a Child 28 Penally on early wllhQrawjJl ~I $a....l"g5 ::10 nollive wIlh ,ou). see ltle 29 Alimony ~.110, RecIo.,nl', SSN ~ nslruChons lor :10 Ada !lnes 2:Ja Ihrough 29 . In!! 5.1 :Jl Subll."t tine 30 ho'" line =~ ~.s.' yOU' ;ullu,led I rou I"~oltle ror Privacy .Act ond Paperwork "eduction Acl .'OIlC.. ,.. PiltJlI T. .lOI no 1 2 3 4 00 'Iou w.ml 53 10 go 10 IhlS lund? .. . II a jOlnl return. does your spouse want 5:J 10 go 10 IhlS luna? . I d Tolal number ole.emellons ctohmed Wages. salanes, lips. etc, Allach Formlsl W.2 Tuable interest AlIaeh Schedul. B I' ovar $400 . Tu.e:\empt ,"Ierest, 00 NOT Incluee on hne Sa DiVIdend income. Attach Schedule 8 ., over S.aOO Ta:aable refunds. credits. or onsels of Itale and locllllncom. la.... (nl InllruCllonS) Alimony received .' . Business income or (loss). Attach Schedule C or C .EZ Capital gain or (loss). II reQui,ed. allach SChedul1 0 Olher gains or (losses), Anach Fo,m ~791 , 'I I TOlallRA distnbutlons. . l'sa I b .'Ut., JllI"l,.nl,Ut .011.1 Total penllons and annulhes 160 lOb huer, amounll'" InS!) Renlalrul eslate. royalties. ponrH,,'''lpS. S corporallons, !rll'". .Ie. .Allnen SCtl.aull E Farm income or (lossl. AlIach SCh.eul. F Unemploymenl compensation . . SOCl.1 .ecumy benefil. . 1 20. 1 'I Other Income. Lisllype and amouN-ue I"SltuCllon, 8b 'I b Tu,Cl..mounll"110111 Ad~' i~~' ~;,;~~;~;~ 'Ih~ i;;~; ';'i '~;;~~~'I~;I:~~'\' 7' ;~;~;,' 'h 2',.' ll"I~'I" ~~~,' i~i~i i~~'~;~~".. :J.. llb I 2' 20 28 27 78 79 .. c." ~j<j 12t090 " 81 ;~~ 9 10 11 12 13 14 lOb 16b I 17 18 I 19 I 20b .~~.:: 21 22 ~~ ~"~ , (t'~ ..",~ ,~~ ~\'" ~~ ~~~~ "~~ ~~ ~"'~~ ~~~ ~,~;., "'.,.,"'; ~~1 30 31 '';'" 1040 llljt~, SeU.employmenl tax. AII.ch Schedule SE . AUernallve minimum tax, Allach Form 6251 Social security and Medicare tax on tip income not reponed 10 employer. Anach Form ,n:)] Tax on quahtied retirement plans. including IRAs. It required. attach Form 5J29 . Advance earned Income credit payments frem Formls) W.2 Household employment taxes. Allach SChedule H. Add lines 44 through 50. This Is your total tax . Federal Income lax withheld from Forms W.2 and ~099 1995 esbmaled till paymenls and amount acphed hom 1995 relum . Earned Income crediL Allach Schedule EIC If you have a I:uahfylng Child. Nonlaxacle earned It\Come: amount" I I I and Iype ~ .................................................' Amount paid wilh Form 4868 (request lor eJllens1on) . e.cess social security and RATA lax wilhheld tsee Ins I.) . . 0'"" paym.nts, Ch.c~ ,llrom a 0 Form 2439 b 0 Fcrm 4136 .Add Unes S2 lhrou h 51. These are your tolal payments . .. II hne sa IS mote than line 51. sublract hne 51 from line sa. This is Ihe amount you OVERPAID Amcunl 01 line 59 you wanl REFUNDEO TO YOU. . ~ .. b Rcuhng number ~ c Type: 0 Checking 0 Sav,ng. ;eccunl number m.IIJ 0 I 1 Am,vnl,1 line 59 vau 1'1,"' APPLIED TO YOUR 199T ESTIMATED TAX ~ 61 I II line 511! more than line Set subuact line 58 from hne 51, This is the AMOUNT YOU OWE. For delalls on how 10 pay and use Form 1040.V. see instructions. . ~ 63 ESltmaled tax cenalty. Also Include on line 62 . I 63 1 I ,~~'~'$..~~1~~'$.~~"'.~ Ul\Clr' DenaU"n 01 Cf'lury,1 OtCl':Ut In.n I nhl 1.,mlnfO Irlll 1111.,;'" ana :1I:como.nY'''9 Icn,QUIII III\d Ililllm,nlS, lIna 10 tn, blSl :II my "now.to... 3nc blltel, ''''y 411' !rut, call eel, and comO'tll, OlCla,.llon 01 P'lol'" .Cln" In.n laap'y"IIS tliu.a on III .nlofm:Ulon 01 wn.cn 01'01'" nil .3ny knCl'A'lfC;I. YOu' "c;n.1:OJ'f Your o::uoJhQn . ;r"'rl '0:0119961 fax :;ompu- :ation J5 I you want J6 'e IRS 10 'gure your J7 ax. see the ,strucUons J6 or line 37. :::redits J9 40 41 42 43 44 Other Taxes Poymenls .:.nacn =,:rms W.2. N.2G. and I099.R on :ne Iront. Refund ..jave It sent :lfeetly to ,cur t:ank ac:ount! See nslo and fill In --- d ~Cb. ':. and d. 61 Amount 62 You Owe Sign Here o(c!ep a copy :]1 tnlS return lor 'lour 'eccres. Paid Preporer's Use Only , 32 . Amount frem hne 31 (adjusted gro55 Incomel . . . .. ...... 330 Check If: 0 You were 65 or older. 0 Blind: 0 Spouse was 65 or older. 0 Blind. Add tMe numtler of bOlles checked above and enter the tolal here. .... 33.11 b 11 you are married filing separately and your spouse Itemizes deductIons or you were a dual. status alien. seB instructions and c:'Ieck here . ~ ~~b 0 (itemized deductions from Schedule A. hne 26. OR Enler' Standard deduction shown below for ycur !lhnQ slatus. But see the It'le Instructions II you checked any bo., on :ine 33a or b or somecne larger can claim you as a dependent. ~~ur: . Single-54.000 . MarrIed filing jOlnlly or Qualilying wldow(e,)-56.700 e Head 01 household-55.900 . Mamed tiling separalely-SJ,3S0 Subt,act line 34 horn line 32 . II hne 32 is Saa.475 or less. multiply 52.550 by Ihe tclat number 01 e-.emphons claimed on line 6d. If line J2 is ave, 588,475. see the workSheet In lhe Insl. for the amount 10 enter Tuable Income. Subtract line 36 from line J5. If line :36 Is more than line 35. enler .0. Tax. See ",wucllon.. Chec~ illolal,ncludes any lax Irom a 0 Forml') 8814 b 0 Form 4972 . . . . . . '. . . . . . . J.l 39 40 41 ~' 42 Credit for child and dependent care openses. Anacn Fc,m 2441 C,ecit fo, lhe elderly or the disabled. Attach Schecule R . Fo,elgn taK credit. Attach Form t \16 ..... Oln". Ch.c~ Ulrom a 0 Form J800 b 0 Form 8396 cO Form 8801 d 0 Form (sp,cily) Add line. 39 Ihrough 42 Subuaclllne 43 Irom line :lB. If line A3 Is more than line :lB. enter .0. . 45 46 47 48 49 50 51 52 53 54 55 56 57 56 59 60a ~ ~ Sao,"" , ,.;naIUfe. II .. lo.nl 'elurn, BOTH mull I'Qn A '~v...s:rI ~ /lr'J:l. CJ'L..-r- '-1(,= .s:: Pr'e."'" ~ "qn.Uur, r Firm., ".".. ,Ct yOu" ~ ""'!'''''''C,C,,'':I J"d JCcrofn o p"',ltO,....rc'cr.dp.Il" 1 " .. 43 44 45 46 47 48 49 50 51 ~, ~ ~ It" ~ ;.- EIN ZIP Coe,. 'V $. CoweUWT\t1tl PII''1''1'I9 ,,"'CI '994 - ~1,UI SCHEDULES A&B (Form 1040) , , . Schedule A-Itemized Deductions (Sch.dul. D I, on bock) Decarlment oIlnt T""urv (PI 1n...n&I RIYef'IW SeNe. .. Attach to Farm '040. .. S.. l"tlNctlons lor 8chldul" A Iud 0 IP","' 10'0). Name,s, Shawn on FQlm 10.10 /,..LE:.tv L Medical and 1 Dental 2 Expenses 3 4 Taxes You 5 Paid 6 \Se. 7 pag. M.l 8 g Inlerest 10 You Paid 11 (Se. pag. A.2,) Note: Personal 12 Interest is net deductible. 13 14 Gifts 10 15 Charily II you made a 16 glh end gel. cenemler it. 17 .eo page A.J, 18 Casually and Theil Losses 19 Job Expenses 20 and Most Olher Miscellaneous Oeducllons ISe. PI';' A." let expenses to deducl hero,) 23 24 25 26 Other 27 Miscellaneous Oeducllons Tolal Ilemlzed Deductions Caution: Do nor Includa a.pensDS IO,mOulSad or ~"d oy o/hIlS. Medical and dental expansos (soo pogo A.I), , , , Enler lmounllram rOlm 1040. line J2 , 2 Mulliply IIno 2 abovo by 7,5% (,075). . . . . ,. 3 Sublract IIno 3 Irom IIna " IIl1no 31s mar. than IIn. I. .nlar .0. State and local Income laxos . . 5 Real eSlale taxos (soe pogo A'2). . . , . , ,. 0 Personal proper1Y taxus. . . . . , I . . .. 7 U d... 't~~ Other laxes. II typo an amount r .................... ~"," Add 'Ij~e's' 5' ih~~'~' 'h's':":" ':..:.. ':..:...,...:..:.. ':..:.." Home monalae Inlemt lnd polnls "paned 10 vou on Fo,m 1018 Home mongago Inlerest nol reponod to you on Fcrm 1098, II paid 10 Iha person Irom whom you boughl IhO home. see page A.2 and show Ihat per",n'. ""ma, ldonlllylOO no" and address '" ................................................................ .........................................,...................... ..............................................,................. Points nol ropollod 10 you on Form 1096, See pogo A.3 for special rules. . . . f f i . , . . . . . Inveslmont Inlorost. If requlrod, attoch Form 4952. (Soo pago A.:J.) . I I . . . . . . . . . . . . Add lines 10 throu h 13, , . . ' , , , . . . Gilts by cash or chock. II you mOdO any gilt 01 5250 or more. see ~ttijo A':J . . . . t I . . . .'. . Olhor than by cash or chock, II any gilt 01 5250 or mora. soe pogO A.3, II ovor 5500. you MUST attach Form 6283 Carryovar Irom prior year , " Add IInas 15 lhrou h 17. . . , , , . . , . 8 10 ~..~* ~~~ ~~'.~ ~ ~ ~~ 11 12 13 m.~ 15 ~~~~ 16 17 Casuall or lhelt losslesl. Attach Form 4684, (500 po 0 A.4,l Unrelmbursod employee expanses-lob Iravol, union ~ dues. lob oducallon, elc. II required, you MUST attach ~ ~,,\> Form 2106 or 2106.EZ, (Seo page A.4,) '" ............., ~ ~',~~ ..........................................................t..... ........ 20 21 :11 ~~ 22 .....................,....".,..............,................... Add IInos 20 through 22, . . . , . . . . .. 23 Enlll lmounllrom Falla 1040. line 12 . 24 ~~ Mulllply IIno 24 abovo by 2% (,02) , . . , , .. 25 5ublloclllno 25 Irom IIno 23, IIlIno 25 IS moro Ihon line 23, onlOr .0. , , , . Other-Irom 115\ on pogo A.4. List typo and amounl '" .............................. ..................................,............................. 21 22 Tax preparollon Ions , . . . . . . . . . , . Olhor expensos-I,wostmont, solo dopa Sit 00.. ole, List type and omounl ...."""".......,..""....,,,..,,....,, 26 ....................................................,.......................................... , , OMU No, I!.U.OOU ~@96 ?~ CO. tV .,.. 7' c.3 ~ o ([) G- Is Form 1040, IIno 32, over 5117.950 (~ver 556.975 If mamod filing separaloly)7 NO, Your deduclion II nol IImlled, Add \~a amounls in the lor /lgnl column } lor linea 4 Ihrougn 27, Also, enle' on F~rm 1040, line 34, Iho larger of . ~ thIS amount or your slandflrd dO(]uC.l on. YES. Your doduclioll /11ay 00 hrnllod, 5.. oa<;e A.5 lor Ina amounllo enlor. 28 r), cf \Q) .~~'m.~~~" .,~.,~~~ Far Plp.rwor" n'duCliofl Act Hullo., "'" ro"" 1040In,uu.:Uc,uu. CUfjo U61n Schedule A (Form 1040) 19116 Profit or 'Loss 'From Business (Sol. Propri.torshlp) ... Partnerships. Joint yentur.., etc.; must file Form 1065. Anlchm.nt (01 ~ Attach to Form 1040 or Form 1041. ... See Instructions lor Scbedulo C (Form 1040). SeQUlnc. No. 09 Social ucurity numb" (SSN) 7 !$.;l.! B Enter principal business cop.... lse. pag' C.61 ~ It'D 131dtr o Employer ID numb., (EINI.1f In1 E VGt1/V ! I Bu.in..s addre..(lncluding ,ul'e or room no,) ~ ..:t.:J.O...f.:I'fl.fi.I!.I.~.W....~.r........,..........................................,,:;;::. CI . lown or POSl ollic.. SIal.. and ZIP cod. c.~ I l. oS L. t: AJ AccounUng m.lhod: III ~h . (2) 0 Accrual (3) 0 Olher (.pecily! ~ ...............................,'t<:1:;............ Did you 'malerially paniclpal." in !h. operallon 01 !his bu.lne.. during 19967 II "No,' se. page C.2 lor limit on 10..... .~.. 0 No . If you stat1ed or ac~uired this business during 1996. check here. . . . . . . . . . . . . . . . . . . .... 0 Income ,NC-c..r.-():' 0 ...ct! r , , SCHEbULE C , (Fo"" 1040) ~"Nf'lIof\hlT""~ 1Il",~ ~ SeMel Namt 0' prcpn'lDt A LL.!: LJ Principal business or profession, Including product Of' service (see page e-l) V(." Business name. II no separate bUSiness name. leave blank. c E F G H 1 Gross receipts or sales. Caution: IIlhis income was reported to you on Form W.2 ana Ihlt .Statutory employee" bO. on lhar form was checked. see psglt C.2 and checl< here ... 0 Returns and allowances . . 0 . . . Subtract line 2 from !ine 1 0 . . . . Co.t 01 goods sold (from I;n. 42 on page 2! 2 3 4 " S 6 Grass profit. Subtract line 4 from line 3 . Other Income, 1ncluding Federal and slate gasoline or fuel tax credit or relund (see page C.2) Gross Income. Add lines 5 and 6 . . . . . . . . . . . . . . . . .. ~ 7 Expenses. Enter expenses lor business use 01 our home onion line 30. B Advenising. . . . .. 6 19 Pen,lon and prolil.shanng plan. 19 9 Bad d.blS Irom sale. or 20 Renl or I.... (.e. page C,,): ~ services (see pa~e C.3' .. 9 a Vehkles. maenil\.ery. and tt::uipment . 10 Car and lruck eJtPens;!' b Other business property . . (.ee page C.3! f,iJ';'l--+C/l.. 10 21 Repa". and maln'enantefM,fj 11 Commissions and lees 11 22 Supplies (nOI ineluded in Part Ill) 0 12 Ceplellon . . . . 0 . 12 23 Taxes and licenses. . . 13 Depreciation and section 179 24 Travel, meals. and entertainment: eJtpense deduction {not Included a Trav;}. . @!' In Pan Uij (s.. page C.3! . . 13 'b"'ff.illS");,~ e/l'. 14 . Employee benefit programs tertainment 0 , (olller than on IIn. 19). . . 14 c En"r 5011 01 15 . Insuranc. (olherthan health) . 15 IIn. 24b oubietl to imlatlons ." 3 r b 16 1nler..I: ~~ i,ee paue c.a! . or \::Xl' a Mortgage (paid 10 canks. elc.). 1601 d Subtract line 24c from line 24b . b allier. . . . .. 16b 25 Ulililiu+tEy!' .eVJ .lln{L.'f 17 LegaJ and professional 26 Wages ~en employmenl credits) . services. . . . . 17 27 Other ellpenses (from line 48 on 18 OHice ellDense. . . 18 page 2) . . . . . 28 Total expenses ta.!ore ellpenses for business use 01 home. Add lines 8 through 27 in columns ... 29 Tenla,lv. promllo..!. Sublract lin. 26 from lin. 7 30 Expenses for bUSiness use of your home. Attach Form e829 :11 Net profit or (loss). Subtract line 30 Irom line 29. . II a prolil. enler on Form 1040. line 12, and ALSO on Schedule SE, line 2 (stalutory employees. see page C.S). Estates and trusts. enter on Form 1041. line 3. . II a 10", you MUST go on 10 lin. 32. ~2 If you have a loss. check Ihe ball Ihal descflbes your In~e5tmenl in this activity (see page CoS). . II you checMed 32a. enter the loss on Form 1040, line 12, ana ALSO on Schedule SE. line 2 (statulory emplcyees. see page C.S). Eslates ana tNsIS. enter cn F:rm 1041. line J. . II you checMeo 32b. you MUST allach Form 6190. Far Paperwork Reduction Act ~'otlce, see Form 1040 l"sHUello"s. Coli. tlO. I1:U.\P } } . , OUB No. IS'!'OCU ~@96 1 2 3 4 o S90 tt, I 0 5 6 0(0 24d 25 26 27 26 29 \00 30 31 :J2a 0 All ,"vestment IS 31 risk. :J2b 0 Some mves,menl IS not at risk. Soh.dul. C (Form 1(40)1096 . . , , '.cntdul. C (FOl'm 10(01 1996 mIll Cas: of Goods Sold (see paqe C.51 PI;O 2 3 Method!s) used 10' .. va/uo closing Invenlory: I 0 Cost b 0 Lower 01 cost or market 0 0 'Olher (alllch explanlllon) Was there any change in determinIng quanlllles, COSIS. or valuallons between opening and closing invenlory? If .Ves.. anach ol'planallon . . . . . . . . . . . ... ....... . . 0 Ves 0 No 4 5 lnventory at bl:ginning of year. II diHere"t from last year's closing inventory, BUach explanallon 3S 8 Purchases less cost of items withdrawn for personal use 36 " .7 Cast of labar. 00 nol include salary paid to yourself 37 ,8 Mlterials and supplies 36 9 Other costs . . . 39 ,0 Add lines 3S through 39 40 .1 Inventory at end 01 year 4' \2 Cast 01 goods sold. Subtract line 41 Irom Hne 40. Enter the result here and en page 1. line 4 42 Information on Your Vehicle. Complete this part ONLY if you are claiming car or truck expenses on line 10 and are not required to file Form 4562 for this business. See the instructions for line 13 on page C.3 to find out II you must file. 13 When did ycu place your vehicle In service for business purposes? (mOnth. day. year) ~ . ' I I .......................... w or the tetal number 0' miles you drove your vehicle during 1996. enler the number a! miles ,/ou used your vehiCle fer: a Business ................................... b Commuting ................................ cOttier ..................................... IS Dc you (or your spouse) have another vehicle available for persenalose7 . 0 Yo. 0 No t6 Wa:, your vehicle available for use during oll.duly hours? 0 Yes 0 No t71 00 you have evidence to support' your deduction? . 0 Yes 0 No b If .Ves: Is the evidence wrlUen? . 0 'to. 0 No Other Ex enses. List below business ex enses not included on lines 6-26 or line 30. ..............1:0. .f:.:.~ J .:....................................................................................... f' -t<ri/ 1 r ..................E.......I....~.................................................................................. ...... .........0. M81 J.~!f.. ....... .~.(!J,-:n..1!. d.(.f. /J. 'JlP/.':.,;. s............................... .............. ..~.(,.!.~. ;-:..c;.. ~.(!.1.71.?E. ~<1:'. .... 0.9. .9..1.... .:J;:..[.J.!-{.~ .:??)... .~..... ............ .. ....... ......;Jy, !:-./f.{(...... .m~. /N. m.lI, l... .~J#... ..r.<t~..:: y. ~:::. 'i.f.~.............. ~ $"0 ...................................................................................................................... ..................................................................................:................................... ...................................................................................................................... .L8 Total olhe, upenses. E~ler nere ilnd on DIlQ8 1. line 21 ~ P...",tI,....C,Clldp.".' 'U' c~...'VP'tt"l P""'IIIUJ ~~. 'rA _ '01"" , . . .. SCHEDULE SE (Form 1040) Self-Employment Tax eMS 'I.:. O!.l!.OOT.& ... Sea Instruc:tlons 'or Schedule SE (Form 1040). ~@96 olIl1a:nm.nl Stc~..,c. ~o, 17 Deoil1men1 oIlnt rre&t\IY lIntmll"""""", S~. (01 ~ Attach to Form 1040. Name of person w h sell-employment income las shown en Form 1040\ L'-I='7v' L O/..J .1'7/L/ I Social seelml)' number 01 person I with seU.employment Il1come ~ Who Must File Schedule SE You must file Schedule SE If: . You had nel earnings from self-employment from other than church employee Income Olne 4 of Short Schedule SE or line 4c 01 Long Schedule SEl of 5400 or more. OR -.. '. . You had church employee Income of 5108,28 or more. Income from services you performed as a minister or a member of a religious order Is not church employee Income. See page SE-l. Note: Even If you had a loss or a small amount of Income f,om self-employment. II may be to your benefillo file Schedule SE and use either "oprJonal method" In Pall II of Long Schedule SE. See page SE-3. Exception. If your only self-employment Income was Irom earnings as a minister. member of a religious order. or Chrlslian Science practllioner and you filed Form 4361 and received IRS approval not to be taxed on Ir,ose earnings. do not file Schedule SE. Instead. write "Exempt-Form 4361- on Form 1040. line 45. May I Use Short Schedule SE or MUST I Use Long Schedule SE? 010 YOU RECEIVE WAGES OR TIPS IN ,.gaT No At, ~u I minlst", member 01 J ,.1I9iOUS orc,r, 01 eMsllan SClenc. ptlCtltionlfwna ftc'lvtO IRS aporovl' nollo tltlaJ.ea VII on tamin91 from \1\.11 sources. bul'tou OWl MII.employmenl tax on otner earnings' Was m. 101.1 01 your WIQes and Ilel subj.CIIO socIal stcurlly or rall'oad ,.llremenl lilt plus your n'l Utn"'91 "om 1Il!..mgloymenl mor. lnan 562.700' VOl No T N' you Ullng onil 01 If" ODI1onnl melflOallQ IIgur. your nel Vu .ltf\l"91 '1ft page SE.31? No T No No 010 you leCltIv, tiC I sublfCllO 1:'1.1 ucutlly or MfalClr. :.s Vu Inal yOu did 110' '.cOtIIO ./01.1' emC1oytr' Old you r.cet.... enure" .mplOy.. InCome ttl)Oltld on Form Vu W.2 01 5108.28 Of trIOte' No I VDU MAV use SNORT SCHEDULE SE OELOW VOU MUST USE l.ONa SCHEDULE Sf 014 THE BACK " Section A-Short Schedule SE. Caution: Read above to see if you can use Short Sch~dule SE. 1 Net farm profll or (loss) Irom Schedule F. line 36. and farm partnerships. Schedule K.l (Form 1065), fino 15a . . . . . . . .. ................. 1 2 Net profit or (lOSS) from Schedule C. line 31: Schedule C-EZ. ilne 3; and Schedule K.l (Form 1065), fino 15a (other than farming). Ministers and members of religious orders see page SE-l for amounts to report on this line. See page SE-2 for other Income 10 report. 2 3 Combine lines 1 and 2. . . . . . . . . . . . . . . . . . . 3 4 Net eornlngs Irom selt-employment. Mulliply IIno 3 by 92.35% (.9235). If less than 5400. do not file this schedule; you do not owe self-employment tax . . . . .. ., ~ 4 5 Self-employment tax. If the amount on line 4 Is: · 562.700 or less, mulliply line 4 by 15.3% (, I 53). Enter the result here and cn I Form 1040, fine 45. . More than 562.700. multiply line 4 by 2.9% (,029). ilIen, add 57.77J,80 to the ,,!sult. Enler the 10lal here and on Form 1040, line 45. 6 Deduction for one-haU 01 .eU.employment to.. MUIII~I'I line 5 by !O% /.51, Enter lhe "'UII he'. and on Form 1040. line 25 , I 6 I /, L;)'$ Itb For Pag.rwork Reduction Acl Nollca. see Form 1040 Instructions. Coil ~jC 11'58Z Schedule SE (Form 10401 19&6 . . Fonn 2441 , . ' Child and Dependent Care Expenses '" Altaeh 10 Form '040. .. See seguralll Instruction,. t- v (;J1 t1J . I. .. OMB No. '5.15.0081 You need to understand the following terms to complete this form: Qualifying Person(s), Dependent Care Benelils, Qualified Expenses, and Earned Income. See Important Terms on page 1 of the Form 2441 Instructions. ~ Persons or Organizations Who Provided the Care-You must complete this part. ~ (11 ou need more space. use the bottom of pa e 2,) 1 (a) Care provlder's (b) Address (e)ldentilylng number name (number. street. apl. no.. city, state. and ZIP code) ISSN or EIN) c.oJ"17nt"",( r r ...<J. b.O....Y..Q.6!!<....!.l..:............................. .. ..,-.., 3 ClI"J' ,. ,S' Cl/v ~/i '~(, J L t.=.;" ><.7 ,,<0 /.J" ................................................................. 2 Add lhe amounts In column (d) 0' line 1 . . . . . . . 3 Enter the number of qualltylng persons cared for In 1996 . -. '. (d) Amount paid (see Instructions) 2 . ~!Il c..?cf'S tb Old you receive dependent care benellts? NO YES . Complele only Part II below. . Complete Part III on the back now. Caution: 1/ the ca,e was Qrovided in your home, you ma~' owe emQ/oymenr taxes. See the instlUctions lor Fo,m 1040. line 50. I :f'lHU Credit for Child and Dependent Care Expenses 4 Enter the amount 0' qualified expenses you Incurred and paid in 1996. DO NOT enler more lhan 52,400 'or one qualitying person or 54.800 for two or more persons. If you completed Part III, enter the amount from line 25 . . 4 5 Enter YOUR earned Income 6 If married filing a joint return, enter YOUR SPOUSE'S earned IncJme (II student or disabled, see the InstlUctlons): all others, enter the amount from line 5 S 6 7 Enter the smalle51 olllna 4, 5. or 6 B Enter the amount Irom Form 1040, line 32 9 Enter on line 9 tha decimal amount shown below that applies 10, 'he amount on lina 8 11 line a 10- Decimal 11 line 8 Is- Daelmal But not amount Dut not amount Over over II Over over Is tScPS, - $ll-l0.000 .30 $20.000-22,000 ,24 10.000-12.000 ,29 22.000-24,000 ,23 X..;b 12,001l-14.000 .28 24,000-26.000 ,22 14.000-16.000 ,27 2~.000-28.000 ,21 16.001l-18,000 ,26 2!.Oao-No limit ,20 18,000-20.000 ,25 10 Multiply line 7 by the deCimal amount on 1I0e 9. Enler :ne resull. Then. see the Instructions lor the emounl 0' credillo enler on Form 1040, liM 39" .,.,...., 10 For Paperwork Reduction Acl Notice, see .eporale instruction.. Coli. tlO 11862M '='m 2441 II 99tl IV , , '. .. Form 4562 " ' Depreciation and Amortization (Including Information on Listed Property) ~~96 OMB No. 15J5~"'2 Ceoat'mer4 01 1M fl'u\IV Anael'lmtn' I/'tltfl\ll "....-nve S,,..oC' tOI .. Set separate Inllrucllon,. ~ AU:lch this form to your return. S.:u.n:t No. 67 NIlN\II anown an "Iutn ,Buill"" or .'ll"'lty 10 wnlCn (hI' lotm f,IIIIS Id,nllf'ylng numb.r t.-Lt:lv L ~ I' ~ c..' ,,,, (:j - ,)..~.)S'J Election To Expense Certeln Tangible Property (Section 179) (Note: /I you have any "lis red property," comp/ele Part V belo,e ou comp/ele Part I.) Maximum dollar IImllatlon. II an enterprise zone bUSiness, see page 2 of the instructions . Total cosl 01 section 179 propeny placed In service. See page 2 01 Ihe In!\ructlons . Threshold cost of section 17~ properlY belore reducllon In limllation. . . . . . . . Reduction In limitation. Subtract line 3 Irom line 2. If zero or less, enter .0. . . , . . Dollar limitation lor tax year, Subtracllino 4 from line 1. If :ero or less. enter .0-. If married filln separatel, see pa e 2 of the Ins true lions . . . . . . . . . . . . . . , lal Ollo:/lpllon 01 propeny Ibl C~'llbusin'" usa 001.,., lei E!ICI'd c::IIl 1 2 3 4 5 1 2 3 4 S:'i,;CC 52'0.00,,., " s 6 ::-1 ~...~~.~ ~~~ ... 7 Usted properly, Enter amount Irom line 27. . . . . . . , ., 7 8 Total elected Cosl of section 179 propeny. Add amounts in column (c), lines 6 and 7 8 9 Tenlatlve deduction. Enler the smaller 01 line S or line 8 . . . . . . . . . . 9 10 Canyover 01 disallowed deduction Irom 1995. See page 2 01 lhe Instructions. . . 10 11 Business Income limilation. Enler lhe smaller 01 busine" Income (nOlie's U1an zero) or line 5 (,ee in,tructions) 11 12 Section 179 expense deduction. Add lines 9 and 10, but do nol enler more than line 11 ., 12 13 Co over 01 disallowed deduction to 1997. Add lines 9 and 10. less line 12 ~ 13 ~ ~ Nole: Do nol use Part II or Part 111 below for /lsled property (automobiles, certain other vehicles, cellular relephones. certain compulers, or property used for entertalnmenl, reC/eation, or amusement). Instead, use Part V for listed p,operty. MACRS Depreciation For Assets Placed In Service ONLY During Your 1996 Tax Year (Do Not Include Listed Property.) Section A General Asset Account Election 14 If you are making the election under section 168(i)(J) to group any assets placed in service during lhe tax year Into one or more general asset accounls, check Ihls box. See pace 2 01 the inslructions. . . . . . . . . ~ 0 Section B-General Cepreclatlon Syslem (GCS) ISee po e J ollhe inslructions,) (bl Monlh and (el BJSI~ 101 Cl'C"':llhcn l ta) C1a",r.ClIlon 01 PfC:::fftv yflt !:)IJCtd In IDuSlfleu/ln...Ulm,nl use {d ~tC~v'ry ('1 C:n....nhon IIN'C' Onl...-,.. instrUCllOns' g."Od /, t l v.:. j . . SIt S/t Slt ! :: 5 '/:'5. 1;7.5":5. :-'..~ 1~7.= :'5. "'Jot I 3:? ',1:,,5. MH I XX Section C Allernatiye Depreciation Syslem (ACS)ISee pa 160 Class life ~'W' b 12- ear .. Sit. c 40-year I S/L Other De reciatlon Do Not Include Listed Pro e See a e 4 01 the instructions. GDS and ADS deductions for assels placed in service in lax yu's eeginning before 1996 . 17 Properly subject to secllon 168(ij(1) elecllon. . . . . 18 ACRS and other depreclallon. . . . . . . , . . , , . ' , , . . 19 Summa See a e 4 of the instructions.l Usted propeny. Enter amount from line 26. . , , . ' , . . . . . . . . . ~.. Tolal, Add deductions on line 12, lines IS and 16 in column 191, and lines 17 lhrough 20, Enter ,....S' and on the appropriale lines 01 your rei urn, Partnersnlps anc 5 _orporalions-see instructton, , 22. For a'selS 'hown above and placed In 'ervlce dUllng the c"r'or,t 'lear, enler lhe oonion 01 lne ba"s allnbulable 10 secllon 26JA cOsls For Paperwork A_duel/on Acl r'oticct, sect paOlt t of tho lopllro1le In,trucllcns, h SIt. S/L e J ollhe Inslructions.) S/L 17 18 19 20 11 ~ 211 I'/. 6,"> r"''\~\~. F"." 4562 :19961 20 21 22 Cal. No. ,:906H . . PENN~~~~~~l~,!~"9"?!!,:~~,~:.!URN ~ ~ CommonW"I\h 01 Plnnlylvanll 1 9 9 6 PI>. O,pl"mtnl 01 Rev.nue ~ PA.cO (Og.9ISl Review alllne prepflnl8d Inlormatlon on your laDel and pllce It 10 tne name and acoress a,ea, M.1lt any "I'"U'Y ctl"lCuonllo your 1'011 and cnec. lht SSNINAME.'AOORESS Chang. tlOI 0.10..... 11 you do not have a pregllnted label. enler alllnformallon - please print. YOUR SOCII' ""~""''''' ........,.... 1...._......... ......... ..-... .-.-. ............ "'oIing ''''''"11'1 C"<I&~..\lO'.... o FISCAL ,fA" flLIA FlOm I I 10 fV'1 fiLER lCnuI ani, a".' 50 MO J~ FO S~I' U,lntO v.&;;i?' ''11I' FIIonq St~II'I''Y '*"9 ~0W\l'1 II Checking DO. F DICIUlt tn, IUD'Y" II Cl,. (lIud. In'" In. 0.1. 01 OUI" . I I R(SIOIHCY STAtUS len'eIl ani, a".' R~ NRO pO " fff"O.nI NONtsCl.1ll P'tI"tal "W..... Etlll' In, flint you ""fO . PA 'l'Idtnl. If Om I 198 10 I .. 9~ H"'~ C, ""QO~ DISTfHCT Q.Ci~' l-" In IIJ d t. &'7'0 "" SCHOOL DISTRICT COOl L.asIN.arTI. HOtTl' Add' J.7a-54-4b48 M DUGAN 177-52-2579 DU ALLEN L & CATHY 320 fAIRVIEW ST CARLISLE, PA 17013-43J.7 City 01 POI ,," o SSNlHAUElAOORESS CHAHOE II ANY Ollh. 'DCl'l,lf\lormll'O"" (Mettnl "om your IV95 PAI"I Iflu,". "..ck Ihl' BOI II yOUf 3CldltJ~ ;:'I.1n9'''. I'SO "'A. ~1Cl,lh, nlmt 1M ZID Codt ~l tht '1Iy.IO..."\I\,". borollgn 01 mun'c'p.1111y .l'IlFf /0...11....(1 on 1::)1190 H.m' ZloCoo. I I I 11 &3" OPTION 'OR" 1tt7 BOOKLn o ChCC.1I, II yuu "oil nol ntcll.J 1997 PA T" Boo"cl au: ~~:. '''U-Llc!.a\S 111;-( :':'J'~II."u .':.... u..: ~. -I '/..I.) 11 Gross CompensatIOn Irom W.2lorms and olher wag' slatemenlS ' .Ia 1b Unr'lmbursed Employee Buslnus Elpensu 'rom PI. Scnecul. UE .1b Ic Nel PA TUable Comp"nsallon. SuOlraClline 1b horn IIn. II .. , .,. .Ie 2 PA Taxable Inleresl IComplele and allacn PA Schedule A il ave' S I.~COI 2 3 PA Taxable OlvidendS tCompl'lt and allacn PI. SChedule B II ove, S I.COO) . J 4 NlllncomQ 01 tLosslltorn 1"'1 Op,rahol1 01 a Business. Ptoluslon at Firm 4 5 Net Gcun or [loss) 110m In. Sale. Elenange or OlSpOsllion 01 Pro:er:'1 5 Sa AmounlaIGainElelud,dltomPAStnedulePA.19. .........................5.1 Isa 6 Nellncoml 0' (loss) Itom Aents. Aoyaltles. Palenls and CopyngnlS . . .6 I 7 ESla11 and TtuSllilCome 7 a Gambling and Lonery WlI\nlngs . 8 9 TOTAL PA TAXABLE INCOME Add lines Ie. 2. 3. 4, 5,6.7 and 8. 00 nol.ublllcl '1Io.I!ItPo.lld 9 I .2e-~ '13'!.';l1"'-' 19 on on. ell molt linn hom Ihl prolll.lncom, 01 g.in on Iny othtt Incom, lin.. NOf CJn '"OUltl ollul uc.h othtr', incom'lna (Ioullln,n iI on Ih' 11m. IIn,. I ~ I \1 I. Ib AlIlCh your \'1.2 'arms .0 Ih, tI~"" licit 01 your "Iurn. : IC 2 J 4 Do nOI .ad or cI.clutllln, Sa 6 17 18 '0 PA TAX LIABILITY Mu'h.ly lin. 9 by 2,8% 10,028) ..,......, ' , ,..""..' , ,.. "'..,'....,,.. ,10 11 Tolal PI. Tax WII",neld Itom W'2Iolms. 'Ic. ............,.,...' . ................... .....,... .11 12a Credit 110m 1995 PA Till Relurn I 1=:1 12' P.ym.nl "o:n 1996 E,lens'.n",.."".."",. 12:J 1996 ESllmaled Plymenls D 12d NantUlclr.l 7~. Wllhn.ld horn PI. SChedules NRKol 12. TOlal Estlmalea P:lymlllllS ana Ctedlts Add IInel 12.1. 12b. 12e anc 12= 13a HousenOld Merncersltom PA SChedule SP. Pan II. Me 4 . .13,1 C-l'3a l:Jb Your Ehgll)lhly Income: 1'0," PA SChedule SP. Pari III. hnl 2 13b R Ilb 13c: Your Tolallncum, horn PA SC:MdutQ SP Parllll, line I tJc I l:Jc 13" Tax ForglVltniSS C(eol.lt~m PA Scnedule SP. Patllll, llnl 7 13d ~ U Tolal Cteolt 101 Talu PJ.:a 10 Olnel Slales 01 Counl1lU Itom PA 5'::"I':...i\51 G 14 Emp1oymenllnc:enhve P3ymenls Credlllrom PA SChedule W IS TOTAL PAYMENTS ANO CREOITS Aad hnes 1\, 12., IJd, 14 ana '! 16 PATAXOUE linelOlsmarelhantme16 ..........................17 'et) Make cneck ..yable 10 PA OEPT, OF REVENUE. USE YOUR PA.V. 18 OVERPAVMENT Line 16 IS mOIlI"'an line 10 ., 18 I 18 Ch"k III 'fOU' calculations IMPOATANT The lolal allinu 19a thlouqh 19d musl equal hr.. :3 __..!!.!~.~_~c.!.:!!!..~!!2~u.. your..!!'~d_U~.I~I! ",=-'.!.I!.!!!!~."I_ 191 Amounl 01 line 18 ~ou 'Nanl as a Relund Check mallea,lO you . 19a I 19a IS:J Amounl 01 line 18 you wanl Credited 10 your 199; ESllmaled Tal :'':::..:-: 19b I 119:: ,c... Amounl elline '8 yeu ....anllo Doni Ie 10 Ihe 'Ibid Aesoulce Conse.....:,:., rund . .1ge Ilic 19d Amounl 01 Me 18 'tau wanllO 001111110 I"" US OlvmCIC CommlllU =,:. :ltvtSlon. 19d l1C:a S:CIl ~ In\lU. \IutI ~"lt. 11"'1\1I1.11..." ""'" ,.n,I'",1'1 ~III.'I"" u.-" t"" ,,:.;,".IftCfItId.., ,d KeI"I"'I"'1 "lI"1III1"" Il.Illlllfftll.'1lI11 U'III M1111111'\hfl "Iod.tl" V"'.UllItllft' (Ift\IlU, 'I...., "lInl'lI11 01' 10"'....... '1"1)0>0'" """'11,. 'IOII,l')ooC 'oon I I 1 (.' c.../ SMw"ISi'ilnlll"'llllthn'illll"'II'1 I~"""", BESUREYOU X 17 [oJ lAND YOUR SPOUSEI SICN / ' "101'., 01 COO'I'O"", ,..,,"', oln" "'I" "'OI...tt! lIlI'O Oil ".,n'o'"",..O" 01 "".en ... ;.t;,a." nn ,n, '''O'''IGIf' 'OOUIL( CHlell AI,L .,,,... Arue" AL\, ""I DULlS 'NO 'O"t.lI. 120 15 16 17 Yau musllII. bV April 15. 1997. File e.r1v. II Vau can. I Illa I h. I lev Ie il! ,;(.3 17 Su instructions lor HOW TO PAY ,.. NEXT YEA you Will also De aCI, 10 muke (lonallon 01.111;' ... ':' ~'I...tI' "'0"01', ...."'0" , . PAoC:' IOI.'IU 'A QIEPJ,"''''(HT 0' "(';'(NU! PA Schedule C-F Reconciliation ADJUSTING FEDERA~ BUSINESS EXPENSES FOR PA PURPOSES PART A, IdentUlcallon Information Namel') II anoW" on your fA I tItulO: L. L l-(..C ,-- ..- C- amet.) 01 bUIIl1t11 or larm I CM.r'n~ . t..'-I!-'V L.. vG~ D.tormlnlng N.t Profit or 1~."II.r PA Purp.... II Y.u ch..se t. u.. y.ur 'ederal schedule .r '.rm I. r.p.n your taxabl. pr.m .r (l.ssII.r PA purp..... u.. !hI. .ch.dul.. V.u may acjust your federal business Income and expenses fot PA rules. Under PA law. nel proUt or (Iossllrom the oporaUon 01 a business. profossion or larm Is d.termlned u,'ng g.n.rally acc.pt.d princlpl.s end practlc... Th.s. are tho adjuslm.nl. 'or Ih. m..t C.mman dln.r.nc.. between PA an. ledera' rules. . You mUll mike Idlu.lm.nts lor Ihe up.n.. Cllegor'.. mlrked 'ffllh In., II you 'ncurted 1hlltVPI upln.. on your t,d.,,1 Schedul. C., or other form, PART B. Recelpte fr.m Buslnes, Activity 11. Gross rocelpts or sales. .., '" ..... .., .., . . . ... ..., . . . . ... . . , . , . . , . . . . . . .., I." . .. .... lb. Returns and allowances .............................................................. lc. Realized gr... rec.lpl"".'., fr.m f.d.ralf.rm .. . , . .. . , . . . .. . .. . . . .. . . . , , . . .. . .. .. . . , . .. . Ie, Id. Addlil.nallnc.me .r (1."1. S.eln.tructl.n. lI.mlz. Inc.me .r (1."1 and ..urces: Talal td, S 2. C.st .f g..ds ..,d anlll.r .p.ratl.ns fr.m y.ur f.d.ralfarm , . . , , , . . , , , , . , . , . . . . , . , .. , .. , , . , .. . 2, S 3. Gr... pr.ms (Une Ic plus IIn. Id I...lln. 2) .............."....,.,.,..,.....,'....,..,... 3. S l'tc PART C. Bu.lne.. Expen... 4. AII.wable busln... expenses fr.m y.ur f.deral I.rm.........,.....................""..,.., rzl 5 /19. ,S?>I ~" PART D. Adlu.tmenl, I.r PA Inc. me Tex Purp..... See In'lructlon.. Sa. Business meals and enlertalnment .......................,....,...........,....,........ Sa. S 5b.' Sal.. Tax .n d.pr.ciable ass.,s ............ .. . . , . , .. . . . . .. .. . . . . , . , .. . , . . , .. . .. .. . . .. .. 5b, 5 5c. Charitable c.nl/lbutl.ns I.r busin... purp.... ................,.,......"....,..,..,.,.,... 5c, 5 5d. Unll.rm capltallzatl.n i.th.r th.n f.d.rallax acc.untlng) und.r GMP .r FASB ..,......",.,.'.,.. 5d, 5 5.. D.pr.clall.n If electing a g.n.rally acc.pt.d m.th.d dln.,.nl :nan US.d lor 'ederal purpas.. I Depreciation method: Se. S . Sf. . Wages '.r Ihe Fed.ral JOBS cr.dll . .. .. .. . . . . . . .. . .. . . . . . . .. . , . . , .. . . . . . , , .. .. .. .. , , . , ,. '5f.' 5 'Sg.' WaQBs lor PA Employment Incentive Payments Credll ...... . . , ,..... , ...... ,...,........' .... '5,' S 'Sh.' Payments lor owner pension, prolll.sharing or delened income plans ,..,.,.".,................. "Sh," S '51.' Taxes based on gross or net Income and other unrelated taxes............. , . .,..."...., ...... '51,' S , 51,' Payments lor owner heallh and wellare benellt plans ...,......................",.."....... 'S,' S 5k. Olh.r adlustm.nts f.r diU.r.nces b.twe.n PA .nd 'ed.ral exp.n.es . . , . . , . . . . . . . . . . . . , . , . . , . . . . . 5k, 5 lIemize and explain In d.lall. Enl.r tho nell.,a' .n line 5k 6. TOlal adjustments, ACd !lnes Sa Ihrough 5k and enler the nel amount here ...,.........,,'..','... 7. Total allowable ?A cuslness expenses. Add lines 4 and 6. Enler Ihe net amount nere .........,....,. PART E. Net Inc. me .r (~.$SII.r PA Inc. me Tax purp...s. 8. SUBTRACT IIn. 7 fr.m IIn. 3. Enl.r tho Incom. .r It..., her. and on y.ur PA lax '.'urn . , , , , . . , . . . , . . p...J lQI.1&1 h d I f .. af'A".fN' O,.fVfNUf PA Sc e u e J . Income rom Estates and Trusts LlltlhG name. address and IdenUlIcatlon number 01 each estale or lrustlrom whiCh you received a dIstrIbution In 1996, For PA purposes, you Should have received a PA SChedule L Itom Iho estate or !rust or a PA SChedUle RK.1 or NRK'1. II you are a parlner in a partnership or a shareholder in a FA 5 coroorallon which receives 1"C'~me Itom an 95181e or lrusl. II you received a federal Scheoule K.l. you musl add .ano repOtlthe pOSilive Income amounts, 00 NOT DEDUCT (LOSSES). 1'1 Name .na aaalesl 01 IIcn esl"t or !fUll I (bl Feael.1 EIN I lcllncome Amount I 5 15 5 5 5 S Income l'Om plllntlsnlDUI. allach PA SCf"UHJuhtlll) AK.I or NflKoI In corn' "0m PA S CO'DO'llIOnlll. a!lach PA Scnedl.ll,UI RK.t Of NFtr':oI Total Income !rom ESlales or TrUlt.. Add Ct)Il.,ll'!'ln fc) and QnIE' :r.1J 10lal hOlo Jnd on you, PA lal rolu," I 'OCOHs"'utl UOO' 0' "UHG. Ulf fAl,nlln CO'Y WUI.T II ."uo,n " '~I IUAUU '0 ~"~r 'ouA CO'" ~"UD"no " "AI\. AnuA'" 10TH Tt :~:~:IUOSU:V~~o~~"Uf" s CO~IU,"\OHIi WI!" ~ SlL~ "OOAlnl : D yeo JBD~.ot u'" H.. Ee~toT ~~.t,~~,r ~171~2257'l<;61l2':llY~:. :,., .,:,.;;. DUGAN ALLEN '1ETURN BY APRIL 15, 1997 TQ: PITAL TAX COLLECTION ElUREAU :. HHIQ'J;l~ ST.. SUlT: lC2 ~:SLE, PA l,lCL3-]JJe ~@96 LOCAL EARNED INCOME TAX RETURN (FORM 531) SEE BACK OF RETURN FOR PHONE NUMBER AND OFFICE HOURS W.2 EARNINGS (From anached W.2'sl- .. . .. .. . , . , , ' , , .. .. , , .. , . , , . . , . . .. .. , , , . , , . .. . .. .. .. .. . EMPLOYEE BUSINESS EXPENSES (Anach Federal Form 2106 & 51 ale SChedule UE.II" ,...".,....,.. TAXABLE W.2 EARNINGS (subtracI Line 21rom Une 1). , , , , , , ' '... , . . ' , , , . .. .., . , . .. .. .... .... , , . OTHER TAXABLE EARNED INCOME INO INTEREST OR DIVIDENDS) Complele Seclion B on Back. . . , , . TOTAL TAXABLE EARNED INCOME IAdd Lines Jand 4)""""...." ,..' ,.,.... ,.,.........,~,.. NET LOSS FROM BUSINESS, PROFESSION, OR FARM (ATTACH FEDERAL OR STATE SCHEDULE),." SUBTOTAL (Subtracl Line 6 Irom Line 5) IF LESS THAN ZERO, ENTER ZERO. . , . , , , , , , . , . . , . , . . ' . , . , NET PROFIT FROM BUSINESS. PROFESSION OR FARM (ATTACH FEDERAL OR STATE SCHEDULE)... TOTAL TAXABLE EARNED INCOME AND NET PROFITS (Add Lines 7 and BI,.,...,....,........,.... TAX LIABILI1'f: m OF LINE 9 (Mulliply Une 9 by ,01). ...... , , ... . . , , . . , . . . , .. , , , .. . .. ......' :... TOTAL LOCAL INCOME TAXES WITHHELD IFrom anached W.2's, BOI 2')., " ,'.'" ,..'...,.,.,.,",. OUARTERLY PAYMENTS AND/OR LAST YEAR'S OVERPAYMENT CREDITED TO THIS yEAR,..,.,.". CREDITS FOR TAXES PAID TO PHILADELPHIA AND/OR STATES OTHER THAN PA (ATTACH SCH, GI" TOTAL WITHHOLDiNGS & PAYMENTS IAdd L,nes' .:12 and 'J), , , . ...'..... TAX BALANCE DUE (SUDlracl Line 14lrom LIne 101 PAYMENT NOT NECESSARY IF ~ THAN 51.00,.. 15 , INTEREST & PENALTY (See InstrucI,on, , .................., 16 TOTAL BALANCE DUE (Add LInes IS ar' 161 Make check payable 10 'CTCB" , , . , .. , , , ' , , .. .. .. , ' , .... '7 OVERPAYMENT (Sub"acI Line 10 I,om Line 14) IF LESS THAN ZERO. ENTER ZERO",.,.,.,.,...,.,. IB PAYMENT TO BE REFUNDED, .. ' , , ' , , , , , ' , , , ' , , ' , , ' ' OVERPAYMENT TO BE CREDITED TO NEXT YEAR'S TAX .. ..,..'.... .... ... ......'.... '9 .. .. ...... '................ 20 OVERPAYMENT TO BE CREDITED TO SPOUSE'S BALANCE DUE FOR THIS FILING YEAR, , ., , . , , . ~. YOO~ RESIDENT lolUNICIP-'L.l'TY HOWNSHIP.8OAQOQH. OR CITY) TAX OFFICE usE OM. '( 'HL!~LE eC~C:'JGH "OClAl."CURlT't~U.ER 0 It'S = SlCUIUTY HU....ER @ 1171 ~2 I J~7lJ VOUR NAME (UST. FIRST. J.lII SPOUSE'S NAME IVST. FIRST. J.l1) : A 257~ It7il'5'';' Vd"O::l t;? 10 ~ 2 J ~..?:. 4 5 ,g". 6 7 tt?:tb ;.' ."...-1,':.;:':: l(cf'~ '. .' " , '-.:1 .' .~t .::' :~. :~': '. ',,:~ :;.'1.:' :, . t '9 .', 10 ,', 11 12 lJ . . ...:. :::;.~~::;,~~: 14' :' , 01 ..-.....'.....,.... .... -.,....,....... ........_...............-. .... DUG~ti CATHY ~ ~T 17a I 541 "o~3 HOUE ACCRESS ~E \ !lIC"."JFl\ ION"" " "":'0 JI".IIO ~r; 'H.~ JOU"'1 ,.,...,. 'll/fIlC'rc-- Cl ','. .,....... '. .,.. co ,- f___ b; C; ~ N "1...-( n ,1,-:; UI.~. (.J.... .,.. .., .~ fr~' 0.. " ?:. --, ~r:, ,-X) . fn f", '.:;'" Ll'" ')~ ~';"1'1 c.:- " I U-.:.-, L,~ :nc.l.. r:.: u.. I, II. I- ::, 0 C1' U n;:c ;,,; tY , " I ALLEN L. DUGAN, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v . . :NO. 1827 - CIVIL - 1995 . . CATHY MAY DUGAN, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER v~ AND NOW, this J!L day of ~ being advised that the parties have Conciliator relinquishes jurisdiction. , 1995, the Conciliator reached an agreement, the ~H Hubert X. Gilroy, Esqu're Custody Conciliator ~ C1'I ~ 0 6 .. :5...r- UJ_f~ - ("'h:: r ;:;;: ()-:., -~ 0< f=J~ - . n co .::'i.n E; -"1 ~.;.. <'-I ";"-:'Z tH <.., :hru f!;:: l.l.l meL. 0 :;; Ll. In ::J 0 '" U ... f, , ., , '~~\;"\~i~~{rl{~~:}~i:Y:::(.?<,,;; " ,,'. .'" "~':.,, . " ,:'.;:;: l V"r'f;'::'--;l;'''P~~''-'~_''""d",,,t:' c. 'r.t>, .-,. "'.;,i , _ .... ,j~;~W;~!X~tP{~f:,:<;..:..i..;..;.. :,~'. _ . ~:i,'i<c,'i" ""-..,.~.." ~ _.\,~" ...,....', -, "LA"'OPFICBSOP _ ';.~'_ ~~~,.""'.\~ 'i">/~"\';:f:~::'.1~.,"..-~;:-~ ::_;,-:, .~.~... ,,", _,', f.l.'\\;<,:, ::;'("'!;~C::-,",i "; '<"'-' -""~"J'C'O'BSEN&MILKES t,;~~'. r'\-"fJi~;,\.'" 'j.',\"/'~"~~j::''-'-:;, ft . " 1 ,_ '~":l .J; Ii. .,'.'.. '"~,., :...' '. ,- ~~~;~ '." 52EASTHIOHSTREBT ._.;; , :~;0~:,;~~E;~:~~'~:~::t~f~\t '~~:;F:-' 'it CARUSLi!, PA~p~13~3085'.' .,' "< :1':. t.. ~ "''':!:' . 'C '" ~ ' '" . _ , , > ,~~15~.,fr~::',;l':,~~\~:_,I.;;I'-" )'\':.~i", ' '~, (717)249.6417 ~~WJY~;~~~2i~l(?;tt} ,~:~:~~':~.:_ '~;~;,~_~-c,,:' . I - -".f >:'- ':. ,':i~'.;_', ;'_,(T "'.. \'-~::;~;;':';",,-, " ;1 '. l' ~ , , ..... .- ,. 7. At separation, Husband was possessed of a 401(k) plan at the time of separation of the parties with approximate vnlue of $251 through Environmentnl Products & Services. 8. Defendant is aware at this time of no dispute as to the description or vnluation of tangible personnl property. 9. The mnritnl debts include joint debts of the parties. Wife proposes that she be reimbursed in full for counsel fees and costs and expenses incurred in this divorce action. Wife seeks equitable distribution of the maritnl assets including the maritnl home, in accordance with the relevant factors under the Divorce Code, so as to enable her to continue to enjoy her present life style and to permit her to continue living in the mnritnl home during the minority of the parties' children. Wife nlso proposes that she be awarded permanent alimony after the divorce based on her ongoing needs for financinl assistance and the relevant factors under 23 Pa.C.S. Section 3701 of the Divorce Code. Respectfully submitted, Dated: (, }1,ol n QcQ~ BY: Andren C.l.J.o.llObsen, Esq. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249.6427 Attorney No. 20952 ~ ALLEN L. DUGAN, Plaintiff .1 V. CATHY MAY DUGAN, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 95.1827 CIVIL TERM IN DIVORCE n u:.' n ~ -.I .i, :0:- .-.1 -Qij' .." ',' ;9 f"l11l' ~;:J ,I". f Z:r! I l~~ ~r. v):' '" , I? ~,' ..!. I ~I,. -n '~'I ::u J.:, ' :!~ "n .'- C" - :' "Jrf1 i><;: .. :'~ "J I'.,) :-.i~ ... '-. COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to tWs action have not lived separate and apart for a period of at least two years. V(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. v" (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in tWs counter-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 fwsification to authorities. DATE: 'i/tll1 /;'''' '-'" l (<.[1('1 7nci.~/. ,J..)U(jtl.-'1l/ CATHY MAY miGAN J . #,. . I ' ." , " . , " ~ . INCOME AND EXPENSE STATEMENT OF .ea thy May Dugan 54 4648 DR# DATE 8/9/97 THIS STATEMENT MUST BE FILLED OUT (If you are self.employed or If you are salaried by a business ot which you are owner In whole or In part, you must also fill out the Supplemental Income Statement which appears on the last page ot this Income and Expense Slate men!.) SSN 178 INCOME (a) Wages/Salary Employer & Address Wee Care Earl y Childhood Ed. 360 York Rd.. Carlisle. PA li013 Job Title/Description TPR('hp,.~ Ai riP Pay Period (weekly. bl.weekly, monthly) Wepk 1 y Gross Pay per Pay Period .................................................................................................................... $ 110,74 Payroll Deductions: Federal Withholding ..................$ Social Security ...........................$ Local Wage Tax ..........................$ State Income Tax .......................$ Retirement ..................................$ Health Insurance ........................$ Other (specify) ............................$ .........................$ .........................$ 109 78 Net Pay per Pay Period ........................................................................................................................ $ . (b) Other Income Interesl/Dlvldends ......................$ Pension/Annuity .........................$ Social Security ...........................$ Rents/Royalties .....,....,...............$ Expense Account .......................$ Gilts .....,..........,..................,.........$ Unl!mploymenl Compensation .$ Workmc"'s Compensation ,.......5- Total, Other Income ..~Y.P.P.R.t);....$ 6.00 10.00 1 11 3.65 Week Month $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Year 400.00 INCOME ANO EXPENSE STATEMENT OF Cathy May Dugan I veflly that Ihe 5lalemenls made In lflis Income and Expense Slate. ment are Hue and correct. I understand Ihat lalse statements herein are made sublecl 10 Ihe penallies 01 18 Pa,C,S, 4904 relallng 10 unsworn lalslllcOIlIon to aUlhorities. Dale: ,__.,...,.. ,_, . .-' PlairmiTOT'Oiiieridini "', " . !. ..' ", ~ " Household Child Household Child Week Week Month Month EXPENSES Home Mortgage/Rent ........................................ S S s 777.00 s Maintenance ........................................... S S s 50.00 $ Utilities (telephone, heating 250.00 electric, etc.) ........................................ $ S $ $ Employment (transportation, lunches) ..........................:.................... $ S $ $ Taxes Real Estate .............................................. $ $ $ $ Personal Property................................... $ $ $ ? 00 $ Income ..................................................... $ $ $ 20.00 $ Insurance Homeowners ........................................... S $ $ 17.00 $ Automobile .............................................. $ $ $ 50.00 $ Llle/Accldent/Health .............................. $ $ $- $ Other ........................................................ $ $ $ $ Automobile (payments, fuel, 90.00 repairs) ......S~.~~.~............................... $ $ $ $ Medical Doctor, Dentist, Orthodontist................ $ $ $ 53.00 $ Hospital................................................... $ $ $ $ Special (glasses, braces. etc.) ............... $ $ $ 14.00 $ Education Private, Parochial School....................... $ $ $ $ College ..................................................... S $ $ $ Personal 15.00 Clothing ................................................... $ $ $ $ Food ......................................................... $ $ $ 250.00 $ Other (household supplies, 15.00 barber, etc.) .......................................... $ S $ $ Credit payments and loans .................... $ $ $ $ Miscellaneous 130.00 Household help/child care ..................... S $ $ $----., Entertainment (Inc. papers, 70.00 books, vacation, pay TV, etc.) ............ $ $ $ $ Gifts/Charitable contributions .............. $ $ $ 20.00 $ Legal Fees ............................................... $ S $ $ Other child support/alimony payments ............................................. S $ $ $ Other (specify) ............................................... S $ $ 25.00 $ Talal Expenses ............................................. S S 1,848.00 $ $ " Ownership - H J PROPERTY OWNED Description Checking Accounts ........ Members First Valua W X --- ................................ $ 200.00 $ $ 930.00 $ $ 125.00 $ $ $" --- $UO.OOO.OO _ _ ~ $ $ $ $ 131,255.00 _ ___ I I I ! I I ........ --r-- S I A t Farmers Trust av ngs ccoun s ........... --- --- ........... _-L-- Credit Union .................... !'In,,in!1:,,-Mpmhpr,, Fir"t --- .................... --- stocks/Bonds .................. .................. Real Estate ...................... House and Lot ...................... 320 Fairview St.. Carlisle Other .b.\!.~gmg.p..n~.....l990 Honda Accord 5,000.00- --- ---- --- Total. Property..................... P II Coverage- o cy No. H-177-52-2579 HX Wx Cx H-177-52-257~ --,r ~ H-l//-'L-257g-J\ ~ ~ INSURANCE Company Hospital ......M.~E!!'!...~~fe - Manage Choice Medical ........l;\~.~.Q?..JAfe - Manage Choice H I I Aetna Lite - Manage ChOl.Ce ea th/Acc dent .............. Disability Income ............ Other (dental. etc.) .......... ('H . Husband. W. Wife, J . Joint. C . Chlfd) Husband pays through his employer SUPPLEMENTAL INCOME STATEMENT --- --- --- A. This form must be 1I11ed oul by a person who (check one): _ (11 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 corpora lion 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. (ll the most recent Federal Income Tax Return. and (2) the most recent Profit and Loss Statement. C, Name and Address of business: Telephone Number D. Name and Address (If different than C) of accountant, controller or other person In charge of financial records: E. III Annual Income from business ......,...................................................................................... $_ (2l How often Is Income received? ............................................................................................ $ (3) Gross Income per pay period ..............................,................,............................................... $ (4) Net Income per pay period ................................................................................................... $ (5) Specific deductions II any ,................................................................................................... $ .JACOBSEN & MILKES 52 Eust IIigh Strcct Curlislc, I'A 17013-30H5 SUlllucl W. ~liIkcs Andreu C. Jncobscn TcI717-249.6427 Fu~ 717-249-H427 Murch 31, 1998 E. Robert Elicker, II Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Dugan v. Dugan No. 95-1827 - Civil Term in Divorce Dear Mr. Elicker: Please be advised that Cathy May Dugan has completed het refinancing and, in accordance with the agreement of the parties, it is now timely for you to ask the court to have your appointment withdrawn. Thank you for your assistance in enabling the parties to reach an amicable settlement in this matter. Sincerely, ACJ\me Enclosure cc: Paul J. Esposito, Esq. Cathy May Dugan lcorr)0331ellc.dug ......~ A--" ~ L ~....~.. ':',": "", .~+a'~':":-'II',-."." ':'---.-,', v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95.1827 CML TERM ALLEN L. DUGAN, Plaintiff CATHY MAY DUGAN Defendant IN DIVORCE n '. L.:J :.) .., " , I. " . - ..- . . :1 . , .-, ,j.;: ,"J ., I ,'II -, . 1- .-. WHEREAS, an action for divorce was filed by Plaintiff to the above-captione.a ..1 , STIPULATION TO AMEND AGREEMENT REACHED BEFORE DIVORCE MASTER . , number in which claims for economic relief were raised by the purties; and WHEREAS, the Plaintiff and Defendant reached an agreement regarding the resolution of nIl their respective economic claims before the Divorce Master on January 13, 1998; and WHEREAS, the purties have agreed to amend the terms of their agreement of January 13, 1998, and wish to document such amendment; NOW THEREFORE, the purties hereto do stipulate and agree to the following change to the terms of their agreement of January 13, 1998: With regurd to the claim for alimony, the parties ugTei! thut hu~bnnd's obligation as set forth in paragraph 7 of their agreement shall be effective Murch 1, 1998, rather than February I, 1998, as set forth in the agreement put on the record before the Master on January 13, 1998. , i I : . In ul1 other respects, the agreement of January 13, 1998, is renffirmed. The Plaintiff and Defendant do verify that they stipulate as aforesaid, and that the statements herein are true and correct to the best of their knowledge and information and belief. Plaintiff and Defendant understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, the pur ties hereto have set their llandtl and seals as of this M- day of February, 1998. 0lkt1 i ~ ALLEN L. DU AN Plaintiff c.~r -111. .::j)u~.J ' CATHY'MAY DUGA'N Defendant /1' - 0",L. ~ \~C;< ANDREA C. JACOBSEN Attorney ~efendant .. " , , \ (- " ALLEN L. DUGAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95 - 1827 CIVIL CATHY MAY DUGAN, Defendant IN DIVORCE THE MASTER: Today is Tuesday, January, 13, 1998. This is the date set for a Master's hearing in the above captioned divorce proceedings. Today we were going to take testimony on income and expenses of the parties, an alleged loan from M. Lee Dugan, and any misconduct issues that the parties might have raised. The parties and cOllnsel, however, have spent considerable time today working on a total resolution of this case and the Master has been advised that all economic issues have been resolved as a result of the negotiations. Present in the hearing room are the Plaintiff, Allen L. Dugan, and his counsel Paul J. Esposito, and the Defendant, Cathy May Dugan, and her counsel Andrea C. Jacobsen. This case was initiated by a complaint in divorce filed on April 10, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. On February 26, 1997, the Plaintiff filed an affidavit under Section 3301(d) of the Domestic Relations Code averring that the parties separated on or about October 15, 1994, a period in excess of two years. In response to the affidavit filed by the Plaintiff, the Defendant I I , ( C' i' I i , filed a counter-affidavit stating that the marriage is not irretrievably broken and indicating that she wished to claim economic relief. i , t. with respect to the matter of the irretrievable breakdown of the marriage, the Master makes a finding based on the affidavit of the Plaintiff averring that the parties have lived separate and apart for a period in excess of two years, that the marriage is irretrievably broken. The Master understands that Ms. Dugan is not going to take exceptions to the Master's finding regarding the conclusion that the marriage is irretrievably broken. However, the Defendant has indicated that she will not agree to consent to the divorce; however, she understands that the divorce can proceed based on the affidavit averring the separation in excess of two years. with respect to the desire of the Defendant to claim economic relief, the divorce complaint itself filed by the Plaintiff, raised the claim of equitable distribution and on April 2, 1997, wife filed a petition raising additional issues , of alimony and counsel fees and expenses. The parties were married on February 14, 1987, and are the natural parents of two minor children, both of \Ihom currently reside with the wife. The agreement that is going to be placed on the record at this time will be considered the substantive agreement of the parties and will not be subject to any changes or , . ( modifications except for correction of typographical errors which may be made during the transcription. The Master is going to have the agreement transcribed by the stenographer and that agreement will be sent to counsel for review for typographical errors. After the agreement has been corrected with respect to typographical errors, then the parties and counsel shoUld affix their signatures. The signatures are simply an affirmation of the agreement which is going to be stated on the record at this time. The agreement as stated today will not be subject to any changes or modifications following the conclusion of these proceedings. The Master, upon receipt of the agreement, will retain the file until he is notified by counsel that whatever conditions of the agreement are to be met have been met, after which the Master will prepare an order vacating his appointment so that the attorneys can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Jacobsen. MS, JACOBSEN: with regard to distribution of the marital assets, the parties have agreed as follows: 1. The marital ~esidence at 320 Fairview street, Carlisle, Cumberland County, Pennsylvania, presently held in joint title, shall be transferred to the title of wife only upon her refinance of the outstanding mortgage presently payable to cap stead Mortgage Company. Such refinance shall be accomplished within 90 days of today's date. , , ( c 2. The 1990 Honda Accord vehicle presently held in joint title and in the possession of wife shall be transferred to the title of wife within 90 days of today's date. 3. Wife shall release any claim with regard to the Northwest Mutual life policies of husband, including Policy No. 10-404-874 and Policy No. 8593155. 4. Wife shall release to husband any claim with regard to the proceeds of a certain loan receivable to the parties from Jeffrey E. Cramer. 5. Wife agrees to return to husband within 90 days of today's date a dining room suite and a set of dresser drawers in the master bedroom of the marital residence. In addition, wife acknowledges that the dresser drawers Which are in the room of the son of the parties shall be returned to husband at some time in the future. 6. All other assets of the parties shall remain in accordance with their present title and possession. 7. With regard to the claim for alimony, the parties agree that husband shall pay to wife the sum of $430.00 per month in alimony effective February 1, 199B. Said sum shall be in addition to the amount of $570.00 which the parties have agreed shall be paid by husband to wife for support of the two minor children of the parties presently in wife's custody. The parties agree that these payments of alimony and child support shall be made through the Domestic Relations Office of the Court of Common Pleas of Cumberland county. The parties agree to take such steps as may be necessary to assure the entry of the appropriate orders for the collection of such support and alimony. The payment of alimony shall terminate in the event of the death of either party or the co-habitation of wife with a member of the opposite sex or her remarriage, 8. With regard to wife's claim for counsel fees, husband agrees to pay to wife the sum of $250.00 ( ( per month for February 1998 on account of a period of 12 months beginning in and continuing through January 1999 her claim for counsel fees and costs. 9. The above agreement is contingent on the ability of wife to obtain refinancing and to assure her coverage for health insurance through COBRA benefits for a period of three years through husband's former employer or otherwise. This determination of the availability of health insurance shall be completed within 90 days of today's date. At the end of the period of 90 days and upon the satisfactory accomplishment of the refinance and the health insurance coverage, the parties shall agree that a divorce decree shall be entered. Counsel will notify the Master upon the completion of these contingencies that he should then prepare an order vacating his appointment so that the divorce can be forwarded to the Court for proper action. 10. Husband shall be responsible to maintain health insurance coverage on wife and on the children until such time as a divorce is entered and on the children thereafter. 11. Except as herein otherwise provided, each party may. dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship inclUding without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. This paragraph shall not become effective until the contingencies provided for in this agreement . . ( (' have been met. MS. JACOBSEN: Ms. Dugan, have you been present throughout this discussion and the dictation of the agreement of the parties? MS. DUGAN: Yes, I have. MS. JACOBSEN: And do you understand its terms. MS. DUGAN: Yes, I do. MS. JACOBSEN: And are those terms agreeable to you? MS. DUGAN: Yes, they are. MS. JACOBSEN: You understand that once we complete this agreement that that will be binding on you and that it could be the same as if a Court order was entered into that effect? MS. DUGAN: Yes, MS. JACOBSEN: And you understand that no changes can be made in the agreement except as to typographical corrections after we leave here today? MS. DUGAN: Yes. MS. JACOBSEN: And given all that, you agree to it? MS. DUGAN: Yes, I do, MR. ESPOSITO: Mr. Dugan, have you been present during the recitation of the terms for settlement? MR. DUGAN: Yes, I have. " \ I " i i I i i I. I l ALl.EN l., DUGAN I'I.,\INTIIT IN TilE COURT of Cll:-'ll-.lllN PI.EAS OF CUMIIEI{I.ANIll'OUNTY, PENNSYI. VANIA v, 95-IH27 CIVIl. ACTION I.A W CATIIY M, DUGAN IN CUS roilY I )I'I'LNllANT OIHlEI{ OF COllin I\ND NOW. _ ______~y.':thl!"dll~'~.~II".~!,ll!".~.__.__.... UpOI1 cousideraliol1 orthc ullnchcd COlllpluil1l, il is hcrchy directed that pnrties 1II1l1lhcir resp~ctivc counscluppcur hCli're Hllberl X. Gilroy, E"I' . th~ eoncilimor, tll__4tb Fh,!!r,.f-'l.'I!!J.l!!!!tnll_CClu'm:..Conrl!lo~,_"~~!ll,l,,- on ___..!h,!...sdll':-}!'!X-~O. 20~__ m _~:JO AM Iilr n Prc.llcnl'ing Cuslody Conrel'cncc. Al such conl'crcuce, nil ertilrt will hc lIladc to rcsolve the issncs in dispulc; or irthis cannot hc necolllplishcd, 10 "cline uml nnrrow thc issncs 10 hc hell 1''' by the cOllrt, and 10 cntcr h1lo atclllpornl')' ordcr. All children nllc live or oldcr Illny nlso bc prcsent m Ihc conl'crcncc. Fnilurc to appcnr m thc cOI1I'cr~nce Illny providc grounds lilr cl1try or ntclllporar)' or pcnnnncntordcr. The court hcreb~' dlrccts Ihe purllcs to rurnlsh an~' andull eslstlnl( I'rntccllnn rrmll Abusc urders. Sllcclull{eller Imler's. nnd Custmh' ordcrs 10 the cCluclllutor -1M hours 111'101' 10 schedulcd henrlnl!. FOR 'I'll E Ct lURT. lly:.!~/____HlIpert 4Jiilroy, E!.!1'--IJ-tfl- Custody COl1ciliator r The COUrlOrCol1Unon Picas orCulllhcrlund COUnl)' is required h)' luw to cmnpl)' wilh thc Amcricuns with Disuhililcs Actor 19'10. I'or inli>nl1ntiol1 nhout acccssihlc Iilcilitics and rcasonuhle ncconul1odntions alailahle to disnhlcd indil'idnnls hnving husincss hclilrc thc COUI'I, plcasc conI act our ofliec. All nrntl1gclllcnts Illust be nllll"'nllcnst n houl's prim to uny hcaril1g or husincss hclilrc thc court, You Illusl Illlcnd thc schcdulcd eonl'crcncc or hcnril1g. YoU Sill lULl> TAKE TillS PAPEI{ TO YOUR A!TOI{NEY AT ONCE. II' YOU 110 NOT 11,\ VE Mol ATTORNEY I lR CMJNllT AFFlllW ONE. (ill TO OR TEI.EPIIONE TilE OFFICE SET FOIfI'llIlEI.llW TO FINI> OUT WIIEI{E YOU CAN (jET l.ECi/\l. liEU'. CUlllhcrllllll1 CounlY liar Association 3~ Soulh IIcdli'nl Strcct Cnrlislc, Pennsylvnnin 170 I ~ Tclephone (717) ~-I9.J 1/1/1 il('rJ F.' :, .. ,..", 'fj \:1,': 'fl,': i: I I i ,- :::>', ..'~' . :'2 \,; [: U~ /;. C);l.CJt. ~.~ -0(;. t? ();;1' ~C> M.(I~~ ~/4~ 71~ ItUl~ 2 ~. , &;r ~.;- fi',~o/#, , Exhibit A " ALLEN L. DUGAN Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUl\IBERLAND COUNTY, PENNSYLVANIA v, : NO. 95.1827 CIVIL TERM CATHY MAY DUGAN, Defendant/Plaintiff : IN CUSTODY STIPULATION FOR CUSTODY WHEREAS, an action for divorce was filcd by Plaintiff to the above-captioned number; and WHEREAS, the Plaintiff und Defendant have reuched an agreement regarding the custody of their minor children, Amandu J, Dugan, born Aprill, 1990, und Tunner J. Dugun, horn Februul')' 4, 1994,; NOW THEHEFORE, the parties herelo do slipulale und agree lhul the best inlerests und welfure of their said children, Amanda und Tunnel', will be served by lhe following: 1. The purties ugree lhat lhey shull shure legul custody of lheir children, Amanda umJ Tunnel'. They ugree thllt the mOlher, Cathy MIlY Dugan, shall hove primary physical ellsluuy uf tIll! children, suhjeel III the right of visillltion by the father, Allen L. Dugan. 2. TIll! pllrtil's IIl1l'ee Ihlll the FlIlhel' shllll ulso have purlilll physical custody os follows: u. u!lernulinll weekends from Fl'iduy III 7:00 p.m. until Sundu)' ul 8:00 p.m. b. one evening each week. c. shnring of mnjor holiduys. d. in lieu of summer vnention, Futher would also have partinl physicnl custody for sevcrnl days during the Christmas school vacation pcriod, by llIutual agrccment of lhe parties. e, olher periods of purtiul physical custody llIay be detel1nined by the parties. 3. Ulllil such time, that Allen Dugan estublishes a residence that would be suitable for the children 10 stay, lhe children will spend ovcrnighl visitlltions in lhe home of Mr, Duglln's parents. ,t Thc parties agree thaI thcy shall seek an Order of Court adopling the ternls of this agreement as to custody of thcir childrcn. The parties acknowledge lhat lhe terms of custody IIII1Y be subject to modification by the Court in lhe cvent of a major change in circulllstnnces of thc parties. The Plaintiff and Defendant do verify thut thcy stipulute as aforesaid, and that lhe stutelllcnts hcrein urc truc and correct to the best of their knowledgc and infol1nlltion and bclief. Plllinliff uud Defcudnnt understand that false stntelllcnts hcrein arc made subject to the penalties of 18 Pa.C.S. S '190<1. relutinl; to unsworn falsiriealion 10 uutllllrities. " , .' IN WITNESS WHEREOF, the pllrlies hereto have sel lheil' hands IInd senls ns of this JIY'doy of 'l1u~i- ,1995. O1iun ;( c9./lr~ ALLEN L, DUGAN . C'(:(.'t~ m.:u..t bll'(I-CI,...) CATHY' AY DU AN V ~ i' L SAMUEL ~'. MlLKES, Counsel for CATHY MAY DUGAN ..~, ~ '>- 0 c t; ~ ..< wQ @ 0:2 ()<, etc., - - l.,;::'~ L..:-:L.: ....;; ~:.:1 '.' 9c, ',' En (': ('4 :~; ~.~ !W- ([11 ' "l': :- , t:~~:~ r~ .~ :. , u.. V"} ::; 0 '-i) U !"~""-"T .....-".... -.....,....... - ....,..~w...",."."... .",-.,. ~n!~{~;;.,.;~ ';. ;::"".':, '~.:' ::'::;::::i' /:>h~:~~~';,{~:,:': ~::;", '. .1. 'i ~ ,. I - ~ :'t.' r "'J'"'' '- - "H' '_...1, ~'.~\4l~;~ ~ "\".'" :' 1:":':._::,.,.::"; ~~:!"',;"L'..t~_'_~'~.'''''' .~' ~:\'k 'j-1: : t:\ -~'- ';.' ~.;,. "..::\.,,;r,"~ ':. ,!~ !,-,";!!. ~~~/~1' i-;}I:~~'~};:::: --~~-:' "'jA,tP'", . ,f'~"'T'lf,..,..,,,.,.....,t ,. . I' ~~?fd;lL:.; ~)11?~~:.ktt~~Uf:~X:) .;:. '. ;:' 9J ~"'i - '" ... ~ .1 t ~ s: ..-,....:~-;~:. ,-.- .:__\'+;-'1:" b,t ~':;{~:'(~:1' -: ~" " ~~r:'J!'~~ , .:~' ," .\,'- t!:J" 'l~ >- ''':> ", Cj ; ... ..':" I.~ : ll"'.' (') , ,- .. '-'- i <;:" .'; t :J w-',-.. __I ~ u.:;,:'! : ; 1=-: "J ~ a-... ,. ,-r:' ~ c.:- , C"'( cY ,.. (j ~ t '8 S t i 1>>- CJ ~ '. . . ~5- 18,^'1 Du~o.n) A\\en L. vs Du~o.n, Co.th~ M. All Filings before 1l.D J une ~OOlJ, Have not been scanned! Paul J. Esposito, Esquire 1.0. #25454 GOLDBERG KATZMAN, P.e. 320 Marlcet Street P. O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsellor Plaintiff Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ALLEN L. DUGAN, v. : No. 95-1827 CATHY M. DUGAN, Defendant : CIVIL ACTION - LA W : IN CUSTODY PETITION TO MODIFY ORDER OF CUSTODY AND NOW, Petitioner by and through his attorneys, Paul J. Esposito, Esquire, and Goldberg Katzman, P.C., files this Petition to Modify Order of Custody, and in support thereof, avers the following: 1. Petitioner is Allen L. Dugan, Father, who currently resides at 527 Garland Drive, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is Cathy May Dugan, Mother, who currently resides at 106 Deerview Drive, Newville, Cumberland County, Pennsylvania. 3. The parties are formerly husband and wife and are the parents of two (2) minor children, Amanda Jo Dugan, born April 1, 1990; and Tanner Jacoby Dugan, born February 4, 1994. 4. On January 17, 1996, pursuant to a Stipulation for Custody, an Order of Court regarding custody was issued by the Honorable Harold E. Sheely. Copies of said Stipulation and Order are attached hereto, made a part hereof and marked Exhibit "A." 5. The best interests and welfare of the children will be served by a modification of the above-referenced Order for the reasons which follow: a. The children have expressed a persistent interest in residing with Petitioner. b. The children will benefit from spending more time with their Father, particularly Tanner, who Petitioner believes needs more structure and discipline in his life. WHEREFORE, Petitioner respectfully requests that this Honorable Court modify the Order of January 17, 1996, and award the parties shared legal custody and Petitioner primary physical custody of Amanda and Tanner. Respectfully submitted, G4BERG KATZMAN, P.C. paw~1feJ Attorney J.D. #25454 320 Market Street P.O. Box 1268 Harrisburg, PAl 71 08-1268 (717) 234-4161 Date: ~/5 dfXt, I I Attorney for Petitioner/Plaintiff : :ODMA IPCDOCS\DOCS\135490\1 2 .' VERIFICATION I verify that the statements contained in the foregoing PETITION TO MODIFY ORDER OF CUSTODY are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ::rune. '3 \ ZOCk ~^-~ ALLEN L. DUGAN Exhibit A ALLEN 1. DUGAN Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-1827 CIVIL TERM CATHY MAY DUGAN, Defendant/Plaintiff : IN CUSTODY ORDER OF COURT AND NOW, this ~O~ wvJ.~ l~haVing reviewed the Stipulation for Custody in this matter, the Court is satisfied that the best interests of the minor children will be served by said Stipulation and it is ORDERED and DECREED that: I. The parties agree that they shall share legal custody of their children, Amanda and Tanner. They agree that the Mother, Cathy May Dugan, shall have primary physical custody of the children, subject to the right of visitation by the Father, Allen 1. Dugan. 2. The parties agree that the Father shall also have partial physical custody as follows: a. alternating weekends from Friday at 7:00 p.m. until Sunday at 8:00 p.m. b. one evening each week. c. sharing of major holidays. d. in lieu of summer vacation, Father would also have partial physical custody for several days during the Christmas school vacation period, by mutual agreement of the parties. a. other periods of partial physical custody may be determined by the parties. 1. Until such time that Allen Dugan establishes a residence that would be suitable for the children to stay, the children will spend overnight visitations in the home of Mr. Dugan's parents. BY THE COURT: _W~~E.~. J. FILED-OFRCE rile:' ~)D;-I"""'urlf~ "OT/~ RV ...... l/'ii: I '~ ".../: i i._" 'i' u-... , 96 JM! 17 Pi'l 2: 44 CUMBEHUIK) COUNTY PEf\J~\1 SYL ",~L\!\l Lt\ .' ALLEN L. DUGAN Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-1827 CIVIL TERM CATHY MAY DUGAN, Defendant/Plaintiff : IN CUSTODY STIPULATION FOR CUSTODY WHEREAS, an action for divorce was filed by Plaintiff to the above-captioned number; and WHEREAS, the Plaintiff and Defendant have reached an agreement regarding the custody of their minor children, Amanda J. Dugan, born April 1, 1990, and Tanner J. Dugan, born February 4, 1994; NOW THEREFORE, the parties hereto do stipulate and agree that the best interests and welfare of their said children, Amanda and Tanner, will be served by the following: 1. The parties agree that they shall share legal custody of their children, Amanda and Tanner. They agree that the mother, Cathy May Dugan, shall have primary physical custody of the children, subject to the right of visitation by the father, Allen L. Dugan. 2. The parties agree that the Father shall also have partial physical custody as follows: a. alternating weekends from Friday at 7 :00 p.m. until Sunday at 8:00 p.m. .' b. one evening each week. c. sharing of major holidays. d. in lieu of summer vacation, Father would also have partial physical custody for several days during the Christmas school vacation period, by mutual agreement of the parties. e. other periods of partial physical custody may be determined by the parties. 3. Until such time, that Allen Dugan establishes a residence that would be suitable for the children to stay, the children will spend overnight visitations in the home of Mr. Dugan's parents. 4. The parties agree that they shall seek an Order of Court adopting the terms of this agreement as to custody of their children. The parties acknowledge that the terms of custody may be subject to modification by the Court in the event of a major change in circumstances of the parties. The Plaintiff and Defendant do verify that they stipulate as aforesaid, and that the statements herein are true and correct to the best of their knowledge and information and belief. Plaintiff and Defendant understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. " IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of this JJ:i'day of ~ , 1995. 0i.Ivn ;( IJ j J ~44"" ALLEN 1. DUGAN C~m~~ CATHY AY DU AN PAUL J S SITO, Counsel for ALLEN 1. DUGAN SAMUEL . MILKES, Counsel for CATHY MAY DUGAN ,. c; s r1 ;J") 0"'i ~ j'--..) _0 ;:~ " ; ::n r- -r1;--n ;p? ~O 9~ Om -"-l ::> ::0 -< ::= -i'?' ~. 25 .'~..1" ~-: - -\ ~~: o ~ t.' .~ ~, ~ "- ,. ...., . ---. l>o~ ~ ~ CERTIFICATE OF SERVICE On this f;> it day of r ' 2006, I certify that a copy of the foregoing was served upon the following counsel of record by delivering same in the manner indicated, addressed as follows: VIA FIRST CLASS MAIL Cathy M. Dugan 106 Deerview Drive Newville, P A 17241 GOLDBERG KATZMAN, P.C. pa~ Supreme 000 ID #25454 Attorneys for Petitioner/Plaintiff ~ CI) ~ ~ ~ 8- ~ )0 ~ ~ ~ r- t -!.. A:) (J \t- \I. (") ~-,-) ( ~". - c. C,J. '\i ,--j C,) :";5 c.; -< ALLEN L. DUGAN PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95-1827 CIVIL ACTION LAW CATHY M. DUGAN DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 21, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at_ 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, July 20, 2006 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrOW the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scbeduled hearin!!. FOR THE COURT, By: /s/ Hubert X Gilrov, Esq. Custody Conciliator rfYI The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VE AN A TTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 170 I 3 Telephone (7 I 7) 249-3166 'vI~'#~~~ .~ f' IfJm1f ~u, ~ P.f!- ~;,,~ ~ .~ '!Jr? .ee.~ ':70- ee-<1 'j(?- et? - 7 , SO :21 !!d Z~ imrSUOZ AUV.LC, ',:+1 !,/id :JMl ~O :Y:~::,~::;::,"cEni:l ALLEN L. DUGAN, Plaintiff JUl Z 5 lOOr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v CIVIL ACTION - LAW CATHY M. DUGAN, Defendant NO. 1995-1827 IN CUSTODY COURT ORDER y\ AND NOW, this.) \l day of July, 2006, the Conciliator being advised that the PlaintitT has withdrawn his request for hearing in this case, the Conciliator relinquishes jurisdiction. ....ff""l, (::1 :!:-' ;.~I II' C'~ ..,...,.f" .....'.,.j ALLEN L. DUGAN, IN THE COURT OF COMMON PLEAS c Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVgj, x vs. No. 95 - 1827 Civil Term CATHY MAY DUGAN, IN DIVORCE Defendant/Petitioner p .e DEFENDANT'S PETITION FOR CONTEMPT OF A MARRIAGE SETTLEMENT AGREEMENT c z-- n- t?7 t,?h AND NOW COMES, Cathy May Dugan, by and through her attorney, Jane Adams, Esquire, and files the following petition for contempt, and in support thereof avers as follows: 1. Petitioner is Cathy May Dugan, (hereinafter "Wife"), who currently resides 106 Deerview Drive, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Allen L. Dugan, (hereinafter "Husband"), who currently resid on 51 Aspers Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. On January 13, 1998, an agreement was made between the parties, at the Divorce Master's office. Said agreement was recorded and affirmed on the record a filed under the above-captioned docket number. 4. The agreement provided that Husband would pay Wife alimony in the arr of $430 per month. Said alimony was paid outside of Domestic Relations. The alir agreement was for an indefinite term and was to only automatically terminate upon Wife's death, co-habitation or remarriage. 5. Wife has not died, co-habitated or remarried. 6. The parties' Decree in divorce was entered on June 24, 1998. The De incorporated the parties' agreement, and provided that alimony was modifiable s to 23 Pa.C.S. §3701(e). A copy of the Decree is attached as Exhibit A. 7. In June 2012 the couple's youngest son Tanner graduated and the child support order was terminated. 8. Husband paid alimony through June 2012. On July 3, 2012 Wife inquired where her check for alimony was. Husband replied, "alimony ended when Tanner graduated in June." 9. The prior agreement did not provide that alimony was to end when the youngest child graduated. 10. Wife currently receives disability and suffers from a number of conditions which make it possible for her to only work two days per week. 12. Wife received disability because she lost the use of one arm due to childhood polio. She has general weakness in her other arm and has lost 30% strength in that arm. 13. Wife has received disability since 1998. She currently receives the amou of $1044 per month and has earnings from her part-time employment in the amount $703 gross income per month. 14. Wife is in dire need of husband's alimony payment to assist with her living expenses. 15. To date, Wife is not aware that Husband filed a petition for modification of the alimony obligation. 16. To date, Wife is not aware that Husband has retired or that his income h decreased significantly. 17. Wife has incurred attorney's fees in association with preparation of this petition. 18. Wife is requesting that Husband be ordered to continue to pay alimony, I he pay any alimony which is owed to her since July 1, 2012, and that he be ordered pay her reasonable attorney's fees. 19. Wife is requesting Husband's income be attached through Domestic Relations given his unilateral decision not to pay under the prior agreement and O WHEREFORE, Wife requests this Honorable Court find Husband in contempt the agreement and order him to pay alimony due to her along with her reasonable attorney's fees. Date: -? 1a,51 p Ily submitted, e Adams, Esquire 1.11. No. 79465 1 West South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER .:.... IN THE CG OF 4( ?11 ST ...ALLEN L....DUGAN, RT OF COMMON PLEA. CUMBERLAND ATE OF t? Plaintiff ? Vcr?us j CATHY MAY DUGAN, Defnedant oc ;`, r ?i COUNTY PENNA. i Nc)...182.7............ CIV.IL 1995 DECREE /N DIVORCE 3 AND NOW. . 1998... it is ordered and decreed that ....ALI,HN. L....DUGAN .... ............ plaintiff, and ...... CATHY MAY DUGAN ............ ..................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record ir. this action for which a final order has not yet been entered; None. IT IS FURTHER ORDERED AND DECREED, that the {terms, provisions and conditions of a certain Agreement between the parties dated 1/13/98 tYiis' becree by* 'reference as fully ?asrthoughbsamecwerersetdforth herein .at. length.. . Said. Agreement. shall- not- merge- with-,- -but - - • shall survive this Decree. However, the y previsions in said Agreement shall be subject to mod' 'cat' in accordance with or termination 23 Pa.C.S. §3701( e). BY The . . Attest: ' 7 Prothonotary J 0 s - i fi i i ?e ?o i Z l f VERIFICATION I verify that the statements made in this PETITION 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: rj A3I Cathy May Dugan, Petitioner AM t ALLEN L. DUGAN, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 95 - 1827 Civil Term CATHY MAY DUGAN, IN DIVORCE Defendant/Petitioner ORDER OF COURT L? ?/, , AND NOW, this 2??/ + day of 2012, a hearing regarding the Petition for Contempt is scheduled for the /d -fA day of 2012, at tP 3d *AVP.M in Courtroom No. 3 of the Cumberland County Courthouse in Carlisle, Pennsylvania. By the Court: cc: I/ Jane Adams, Esquire Allen L. Dugan, Respondent J-z: M Cn r--:z r?s n?rx d ect 713i// a ,e-y6 IN THE COURT OF COMMON PLEAS Co~t~' r/p ALLEN L. DUGAN, Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 95 - 1827 Civil Term ~., ~ =r ~ ~ .~k CATHY MAY DUGAN, y IN DIVORCE ~, ~ ~{.~, Defendant/Petitioner ~' c~ y dr+ .- ~'" ~ -o ~' ..~ PRAECIPE TO WITHDRAW y~',,, ~ N TO THE PROTHONOTARY: Please withdraw and discontinue Cathy May Dugan's Petition for Contempt against Allen L. Dugan. oa~ ~l~l•a Respectfully Submitted: Jan Adams, Esquire I. No. 79465 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR CATHY MAY DUGAN