HomeMy WebLinkAbout95-03965
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, ARVELLA PONTIUS Nil. .3.~,6,5.,.,....... c,~y.P..., II) 95
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8 LLOYD PONTIUS .
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DECREE IN
DIVORCE
AND NOW, ' , , ,M~, , ,,'4~, , , , , , , , , " 19, (,11, " it Is ordered and
decreed that""", ^~V!'=~,~l\,r9,~~~!lp""""""""""',.,' plaintiff,
and, .. " .. !-<,L,qYI:J"P,qt:lT,I,l!I?.. " .. , , , , .... , , " .. , , , " , , , , .. , .., defendant.
are divorced from the bonds of matrimony.
The court retains lurlsdlctlon of the following claims which havo
been raised of record in this action for which a final order has not yet
been entered;
NONE
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ARVELLA PONTIUS, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
: NO. 15 ;; t r.- ", ( ,,), t ~r---
v. . .fj:! , I (I(
.
.
.
LLOYD PONTIUS, CIVIL ACTION - LAW
Defendant : IN DIVORCE
.OTIC. TO D.'IND 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, annulment
may be entered against you by the Court. A jUdgment may also be
entered against you for another claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, inclUding custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the prothonotary of Cumberland County.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
COURT ADMINISTRATOR
Cumberland County Courthouse
One Courthouse Square
CarliSle, PA 17013
(717) 2400-6200
ARVELLA PONTIUS, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. NO.
.
.
LLOYD PONTIUS . CIVIL ACTION - LAW
.
Defendant IN DIVORCE
CONPLaIMT 1M DIVORC.
AND NOW, this ____ day of July 1995, comes Arvella pontius by
her attorneys, MANCRE, WAGNER, HERSHEY' TULLY, who respectfully
represent:
1. The Plaintiff, Arvella Pontius, is an adult individual
currently residing at 654 Gettysburg Road, Mechanicsburg,
cumberland County, Pennsylvania 17055
2. The Defendant, Lloyd Pontius, is an adult individual
currently residing at Lot 178 eME, Newville, CUmberland County,
Pennsylvania 17241.
3. Plaintiff and Defendant have both been bona fide
residents of the Commonwealth of Pennsylvania for at least six (6)
months prior to the filing of this complaint.
4. Plaintiff and Defendant are husband and wife having been
married on April 7, 1984, in Elliottsburg, Perry County,
Pennsylvania.
5. There have been no prior actions of divorce of annulMnt
between the parties in this or any other jurisdiction.
6. Neither Plaintiff nor Defendant are members of the Armed
Forces of the united states or any of its Allies.
7. Plaintiff has been advised of the availability of
counseling and that she has the right to request that the Court
require both parties to participate in counseling.
8. The Plaintiff avers as grounds on which this action is
based are:
(a) that the marriage is irretrievably broken.
(b) that on April, 1997, the parties will have lived separate
and apart for a period of at least two (2) continuous
years.
COUMT I
BOUITABLB DIITRIBUTION
9. The averments contained in paragraphs 1 through 8 above
are incorporated herein by reference and made a part hereof.
10. During the marriage, Plaintiff and Defendant have
acquired various items of marital proper.ty, both real and personal,
which are sUbject to equitable distribution under Section 401 of
the Divorce Code of 1980.
COUMT II
ALIKOKY PBNDBKTB LITB
COUHIBL 'BBl. COITa AND BZPBNaBa
11. The averments contained in paragraphs 1 through 10 above
are incorporated herein by reference and made a part hereof.
2
12. By reason of this action, plaintiff will be put to
considerable expense in the preparation of her case in the
employment of counsel and the payment of costs.
13. The plaintiff is without sufficient funds to support
herself and to meet the costs and expenses of this litigation and
unable to appropriately maintain herself during the pendency of
this action.
14. The plaintiff's income is not sufficient to provide for
her reasonable needs and pay her attorneys' fees and the cost of
this litigation.
15. The Defendant has adequate earnings to provide support
for the plaintiff and to pay her counsel fees, costs and expen....
WHEREFORE, plaintiff Arvella pontius request this Honorable
court:
(a) Enter a Decree In Divorce:
(b) compel the Defendant to pay alimony pendente lite to the
plaintiff:
(c) Equitably distribute all property, both r.al and
personal, owned by the parties;
(e) compel the Defendant t,o pay the plaintiff's coun..l f...,
costs and expenses and the costs and expense. of thi.
action; and
3
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ARVELLA PONTIUS,
Plaintiff/petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
IN DIVORCE
v.
LLOYD PONTIUS,
Defendant/Respondent
1'IlTXTIOII .OR IIlTIlRXM r.LXMOIlY 1'1lllDZIlTZ LITZ MID COmlBIlL .Z1I8
1. Your petitioner, Arvella pontius, is an adult individual
currently residing at 654 Gettysburg Road, Mechanicsburg,
cumberland county, pennsylvania 17055
2. The Respondent, Lloyd pontius, is an adult individual
currently residing at Lot 178 CME, Newville, cumberland county,
pennsylvania 17241.
3. The petitioner herein filed a complaint in Divorce
raising as an issue Alimony pendente Lite, Counsel Fees and
Expenses.
4. The petitioner herein is of limited income. petitioner
herein filed a complaint for support which resulted in a support
conference wherein the income of the Respondent herein is in excess
of $2,400.00 per month and that of the Petitioner herein is
$1,400.00 per month.
5. The Respondent herein refused to pay spousal support
alleging fault grounds against the petitioner herein.
6. Petitioner herein is without means to meet her day to day
needs and is therefore a dependant spouse.
ARVELLA. PONTIUS,
PLA.INTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLA.ND COUNTY, PENNSYLVANIA
V.
LLOYD PONTIUS,
DEFENDANT
95-3965 CIVIL TERM
414 SUPPORT 1995
AMENDED ORDER OF COURl
AND NOW, this 13th day of September, 1995, the hearing scheduled for
September 26, 1995, IS CANCELLED and rescheduled for Tuesday, October 3,1995,
at 3:30 p.m., In Courtroom Number 2.
P. Richard Wagner, Esquire
For Plaintiff
Carol J. LIndsay, Esquire
For Defendant
:saa
By the Court, /
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Ed,., B J~j:1
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OCT 5
, 50 [ij'95
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I N D E XES
WITNESSES
PAGE
PETITIONER'S:
ARVELLA PONTIUS
Direct Examination by Mr. Wagner
cross-Examination by Ms. Lindsay
3
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PETITIONER RESTS
22
RESPONDENT'S:
LLOYD PONTIUS
Direct Examination by Ms. Lindsay
Cross-Examination by Mr. Wagner
Redirect Examination by Ms. Lindsay
22
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37
RESPONDENT RESTS
39
. . .
EXHIBITS
IDENTIFIED
ADMITTED
PETITIONER'S:
1 - Income and Expense statement
2 - Consumers Financial 1994 W-2
3 - Hastings corporation 1994 W-2
RESPONDENT'S:
1 - Employee Payroll Record
2 - Income and Expense statement,
1994 W-2 and Payroll
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1 October 3, 1995
2 Carlisle, Pennsylvania
3
4 (Whereupon, the following proceedings were
5 held.)
6 (Whereupon,
7 Petitioner's Exhibit No. 1
8 was marked for identif ication. )
9 THE COURT: What is this? support and
10 A.P.L.?
11 MR. WAGNER: Yes, Your Honor, we are going to
12 withdraw the spousal support.
13 THE COURT: Good. Just A.P.L.
14 MR. WAGNER: A.P.L.
15 THE COURT: proceed.
16 MR. WAGNER: I call Arvella pontius to the
17 stand.
18 Whereupon,
19 ARVELLA PONTIUS,
20 having been duly sworn, testified as follows:
21 DIRECT EXAMINATION
22 BY MR. WAGNER:
23 Q state for full name and spell for the Court
24 your first name.
25 A Arvella pontius. Arvella is A-r-v-e-l-l-a.
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4 please?
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Q
A
Q
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Q
A
Q
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Where do you live?
654 Gettysburg Road, Mechanicsburg.
Would you tell the court your date of birth,
11/25/33.
And you are married to Lloyd pontius?
Yes.
What is the date of your marriage, please?
A
April 7th, 1984.
Q
A
When did you separate?
Q
April 15th, '95.
And where had you been living? At what
13 address prior to the separation?
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It was at Lot 178 CME, Newville.
And that's in cumberland county?
Q
A
Right.
Q
A
And did you leave that address?
Yes, I did.
Where did you go, please?
pardon?
Q
A
Q
A
Where did you go? To what address?
To 654 --
Q
Gettysburg Road?
Right.
A
Q
Mechanicsburg?
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what, ma'am?
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Q
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Q
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gas station.
Q
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Q And you work for Consumers full-time?
A Yes, I do.
Q Is that a 40-hour week?
A No. Thirty-seven and a half.
Q And how many hours a week do you work at
Texaco?
A About 16.
Q Now, did you, for purposes of the support
case that was heard in the Domestic Relations Office of this
county, prepare and file and an income and expense statement
with the Domestic Relations Office?
A Yes, I did.
Q I'm going to show you what's been previouslY
marked as petitioner's Exhibit Number 1. It appears to be a
copy of Pages 2 and 3 of that document. Do you recognize
those two pages?
A Yes, I do.
Q Are those the two pages of expenses that you
filed with Domestic Relations Office in this county at the
support conference?
A Yes.
Q And is that your handwriting?
A Yes, it is.
Q And did you attempt to be true and accurate
with your expenses that you listed there?
6
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1 A Yes, I did.
2 Q prior to this hearing, a few moments before
3 the court came in, did you have a chance to review
4 petitioner's Exhibit Number 1?
5 A Yes.
6 Q Are there any significant changes in the
7 amount. that are listed on that exhibit from the time you
8 filled it out until today's date?
9 A No.
10 Q Okay. After your separation or immediately
11 after your separation from Mr. pontius, were you covered
12 under his health plan?
13 A No, I am not.
14 0 Were you covered under his health plan?
15 A I was covered up until January of this year.
16 Q Of this year?
17 A Yes.
18 Q Did he drop you from that plan?
19 A He told me he couldn't afford me anymore.
20 Q So what did you do? Did you buy your own?
21 A We have it at work. I have to pay for it.
22 Yes.
23 Q Do you know how much you pay for it?
24 A I am paying -- a guess, but I am saying
25 $13.00 a month.
7
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1 Q NoW, Miss pontius, do you recall at the time
2 of the Domestic Relations conference
3 THE COURT: Let me just ask, did you -- just
4 go back a minute. Did you tell me you separated April 15th,
5 '95?
6 THE WITNesS: Right.
7 THE COURT: He dropped your health insurance
8 before you separated?
9 THE WITNESS: Yes, he did.
10 THE COURT: Okay. I understand.
11 BY MR. WAGNER:
12 Q Miss pontius, you were at the Domestic
13 Relations conference that we had here at cumberland county
14 back in, I believe it was May of this year?
15 A Yes.
16 Q And at that point in time, do you remember a
17 calculation being made by the Domestic Relations Officer of
18 what your net monthly income was from both of your places of
19 employment?
20 A Yes.
21 Q And do you remember what the Domestic
22 Relations officer calculated your nat monthly income to be?
23 A The calculation made at the Domestic
24 Relations office --
25 MS. LINDSAY: Objection, Your Honor, this i.
8
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,-.
1 a hearsay question. He is seeking for hearsay. Counsel can
2 put into evidence what her earnings are.
3 THE COURT: I agree. Put it in.
4 BY MR. WAGNER:
5 Q I'll show you your tax return from 1994 that
6 was tiled with the government. Is that a copy of the tax
7 return that you filed?
8 A Yes, it is.
9 Q And is that a true and accurate copy to the
10 best of your recollection?
11 A Yes.
12 Q Did you receive a raise from either of the
13 two companies for whom you we~e employed from the time that
14 you filed that return until today's date?
15 A No.
16 Q Is your income as reflected in your 1994
17 return the income that you are earning this year, 1995?
18 A It's the same.
19 Q All right. And what is the gross income
20 indicator on that return?
21 A $20,856.00.
22 Q And how much, if I can __
23 THE COURT: Lead her right through it.
24 That's both jobs, ma'am. Gross total.
25 THE WITNESS: It's $20,874.00, yes.
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THE COURT: Okay.
BY MR. WAGNER:
Q And in terms of the tax that you had to pay
on that $20,874.00, what is your federal tax liability?
A $1,462.00.
Q Okay. And you also paid -- they also
deducted social security from you, did they not?
A Yes.
Q And that would be at the standard rate of
7.65 percent?
MS. LINDSAY: Objection. I don't know --
that's called leading the witness.
THE COURT: Overruled.
MR. WAGNER: I'm going to read some figures
into the record, and I will ask you if these are consistent
from your W-2, 1994, figures that you received when your tax
return was filed. Consumers Life indicates that you have
paid in terms of federal income tax witholding $2,461.53,
does it not?
THE WITNESS:
MR. WAGNER:
security $1,108.02.
THE COURT:
MR. WAGNER:
MS. LINDSAY:
Yes.
It shows that you paid in social
Eleven hundred
Eight dollars and two cents.
Your Honor, I think I can make
10
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1 this easier by simply introducing into evidence the 1994 W-2
2 so you don't have to take figures down.
3 THE COURT: You are the one that objected to
4 leading, which didn't get it in easy to begin with. You
5 want to work on it together?
6 MR. WAGNER: I'll be happy to do it.
7 MS. LINDSAY: I don't have the document, but
8 I don't object to his putting it into evidence.
9 MR. WAGNER: Could we have each of those two
10 marked as Petitioner's Exhibits 2 and 3?
11 (Whereupon,
12 Petitioner's Exhibit Nos. 2 and 3
13 were marked for identification.)
14 BY MR. WAGNER:
15 Q I'll show you what's been marked as
16 Petitioner's Exhibits 2 and 3, Mrs. Pontius. Do they
17 reflect the W-2 form for 1994 from Consumers Life Insurance
18 and also from the Hastings corporation?
19 A Yes.
20 Q And do they contain the wages you earn from
21 the two places as well as the withholdings in the federal,
22 state, local and social security?
23 A Yes, they do.
24 Q And to the best of your knowledge, they are
25 accurate
11
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anywhere?
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Q
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not disposed to this judge?
A I have a 401-K plan at work.
Q HoW much is in that plan, if you know?
A About $11,000.00.
Q Any other assets you have not told us about?
A No.
Q That picture you just talked to us about is
the total picture of your situation as you exist today?
A Yes.
Q YoU don't have any moneys being held by
somebody that you expect to receive as soon as this divorce
case is over?
A No.
MR. WAGNER: Cross examine.
CROSS-EXAMINATION
BY MS. LINDSAY:
Q Miss pontius, you did receive some intere.t
income in 1994 that doesn't appear on this tax return
because this is an amended return; is that right?
A I had $25.00 interest, I think they said,
that wasn't listed, and they filled out another one, but
that's the one that they gave me.
Q What was that $25.00 interest from?
A It was money I had in the bank, which I took
out when I moved.
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Q Okay.
A It was moving expenses.
Q okay. How old are you, Mrs. pontius?
A sixty-one.
Q sixty-one?
A Uh-huh.
Q I'm going to show you what's marked as
1
2
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8 Respondent's Exhibit 1, which may be a duplication of some
9 of the documents that are already provided, but you can take
10 a look at them. NoW, the first page of Exhibit 2 is your
11 expense statement, and I think you testified that this is an
12 accurate reflection of your expenses; is that correct?
13
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21 fuels and repairs, you have one thousand -- excuse me,
22 $110.00. Does that mean you have no car payment?
23 A No, I have a car payment. I loaned $3,000.00
24 off of my daughter. I still owe her $1,000.00.
25 Q Do you make a car payment out of that 110?
A Yes, it is.
Q And those total $1426.00?
A Right.
Q Every month?
A Right.
Q That's what it takes you to live?
A Yes, it does.
Q I notice that under automobile payments,
14
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1 A No.
2 Q So you don't have a car payment to a lender?
3 A No bank, no.
4 Q The reason of that is why? What happened?
5 How did you payoff your car?
6 A I paid $6,000.00 and Lloyd paid $6,000.00.
7 Q Mr. pontius gave you $6,000.00; is that
8 correct?
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22 A Yes, it is.
23 Q When did you start working for Consumers
24 Financial Group?
25 A Eight-four.
A Right.
Q How long ago did he give you that?
A probably last september.
Q Have you ever given him $6,000.00?
A I paid $7,000.00 of his truck. Yes. I made
all of his truck payments.
Q How long ago was that?
A When he bought his truck.
Q How long ago was that?
A I don't know what year his truck is, an '89
or '88, maybe.
Q Eighty-eight. okay. You have Blue Cross
Blue Shield at work; is that correct?
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Q Did you have Blue Cross Blue Shield at that
time?
A Yes, we did.
Q Have you had it continuously since that time?
A Yes.
Q So when Mr. Pontius changed his insurance in
January of 1995, you already had insurance; is that correct?
A That's right.
Q So he dropped you from his and that was one
he had from a former employer; is that right?
A Right.
Q And it was too costly to maintain for both of
you?
A That isn't what he told me.
Q That's not what he told you?
A No.
Q You never went without insurance, did you?
A No.
Q All right. Now, I would like you to turn to
the third page, please. Could you do that, please?
A (Complied)
Q That's your W-2 from Consumers Life in 19941
A Right.
Q That reflects the same income that you
presently have; is that right?
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1 A Yes.
2 Q I notice that your social security wages are
3 higher than your wages, tips and other compensation, is that
4 because you made payments voluntarily to a 401-K program?
5 A Yes.
6 Q Do you still make voluntary contributions?
7 A No.
S Q When did you stop the voluntary
9 contributions?
10 A Two years ago. We haven't gotten any raises.
11 Q Now, let me ask you to turn to the next page.
12 Is that your W-2 for the Hastings Corporation job?
13 A Yes, it is.
14 Q It indicates that you earned $4,030.00 in
15 ' 94?
16 A Right.
17 Q Are you still earning that same amount now?
18 A Right.
19 Q Would you please turn to the following page,
20 which is Number 5 of Exhibit Number 2, do -- does that and
21 the following page after that indicate your payment from
22 your Consumers Financial Group job?
23 A Yes.
24 Q Would you please take a look at the page that
25 says, Autopay Employee's Earnings Record?
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1 A Yes.
2 Q At the top of that page it indicates that
3 there are some voluntary deductions from your income?
4 A Yes.
5 Q It looks like you have $6.85 per pay taken
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13 A Yes, I do.
14 Q And there's $41.44 also taken out. Is that
15 the 401-K taken out?
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out what is that for?
A That's for our insurance each pay.
Q It looks like you have $40.00 taken out.
What is that for?
A That's for our christmas Club.
Q Okay. And you still have that amount taken
out?
A Right.
Q You are still having that taKen out?
A Right.
Q You have deductions totalling to me about 90
a month -- a pay taken out. correct?
A Yes.
Q And that is a bi-weekly pay; is that correct?
A Yes.
Q You get paid every two weeks?
MR. WAGNER: May I ask you to restate that
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$90.00 a pay?
MS. LINDSAY: Yeah. I think I aSKed her if
she gets $40.00 for her Christmas club and $40.00 for 401-K
plus $6.85. If you add those together it is a little shy of
$90.00.
I'm sorry, Judge. I understand.
Do I understand the 401-K is
MR. WAGNER:
THE COURT:
voluntary still?
THE WITNESS: Yes.
months if we want to change that.
MS. LINDSAY: You haven't changed that since
you have been separated in April of 1995.
THE WITNESS: No, I have not.
MS. LINDSAY: Why not?
THE WITNESS: I don't have the money to do
We can add that every six
it.
THE COURT: I am confused.
no figures in front of me so I don't know.
am just sitting up here in a vaccum.
Of course I have
In this case I
MS. LINDSAY: Your Honor, I'd be happy --
THE COURT: I am not going to go through it.
I want testimony as to what the figures are. I don't
have -- I shouldn't have to funnel through these documents.
MS. LINDSAY: No.
Are you still having the $40.00 Christmas
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1 Club deducted from your paycheck?
2 THE WITNESS: Yes, I am.
3 MS. LINDSAY: Are you still having the $40.00
4 for your 401-K deducted from your paycheck?
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10 stop. I could not stop that until I would retire. Once you
11 start it you cannot change it.
12 BY MS. LINDSAY:
13 Q You could stop the Christmas Club, couldn't
14 you?
15 A Yes, that I can stop.
16 Q Mrs. pontius, I did some figures today, it
17 appears to me if you take a look at -- add baCK in your
18 voluntary contributions -- that you make $1,108.02 every
19 month from your job at Consumers Financial Group. Does that
20 sound about right to you?
21 A I'd have to have paper and pencil to figure
22 it out.
23 Q My calculation is that you make $300.00 a
24 month from your job at Hastings. Can you tell me if that
25 sounds correct to you?
THE WITNESS: Yes.
THE COURT: That's voluntary.
THE WITNESS: That I cannot change.
THE COURT: You can't change it.
THE WITNESS: It is not something I could
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A I am taKing 75 times four. Now that's taKe
home pay, 75.
Q NoW, let me ask you to taKe a lOOK at the
earnings report that was the last page of Exhibit Number 2,
is that a fair reflection of the earnings that you have --
A Yes.
Q __ from Hastings corporation?
A Yes, it is.
Q So they fluctuate a little bit one way or the
other. Am I correct?
A Yes. sometimes they would call me in if
someone were sick and they had no one to work.
Q So sometimes you made a little more?
A Yeah.
Q My calculation is that you have net monthly
income from sources all together $1408.00. Does that sound
right to you?
THE COURT: HoW can she figure that out?
Next question.
MS. LINDSAY: Nothing further.
MR. WAGNER: No redirect.
THE COURT: You may step down.
THE WITNESS: Thank you.
MR. WAGNER: I move for admission of 1
through 3.
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1 THE COURT: Admitted.
2 (Whereupon,
3 Petitioner's Exhibit Nos. 1 through 3
4 were admitted.)
5 THE COURT: Next.
6 MS. LINDSAY: I'll call Lloyd Pontius.
7 Whereupon,
8 LLOYD PONTIUS,
9 having been duly sworn, testified as follows:
10 DIRECT EXAMINATION
11 BY MS. LINDSAY:
12 Q Mr. pontius, would you give your name and
13 address for the record?
14 A Lloyd Pontius. 178 condoguinet Mobile
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Estates, Newville.
Q What is your date of birth, sir?
A 6/18/27.
Q How old are you?
A Sixty-nine.
Q When will you be 70?
A June of '96.
Q Sir, are you retired?
A Yes, I am.
Q Where did you used to work?
A Ralston Purina company.
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Q And your wife has made reference to
insurance, health insurance that you have. Did it extend
and was it available after your retirement?
A Yes, it was.
Q Did you cancel it in January of 1995?
A Yes, I did.
0 Why did you do that?
A I figured that I could save some money by
just going on A.A.R.P.
Q Okay. And you didn't purchase that for your
wife?
A No, I didn't.
Q Why didn't you purchase it for your wife?
A We weren't getting along. I just dropped
her.
Q Were you --
A And she had Blue Cross Blue Shield, which was
much much better than what I had.
Q Do you receive a pension from Ralston?
A Yes, I do.
Q How much every month?
A $410.00 a month.
Q Do you receive social security retirement?
A Yes.
Q How much is that every month?
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A That's 600 -- $861.00 a month.
Q And are you aloo employed sometimes?
A Yes, I am part-time employed.
Q Where are you employed?
A Carlisle Farm service.
THE COURT: Farm Service?
THE WITNESS: Yes, sir.
BY MS. LINDSAY:
0 What kind of work do you do for them?
A I am just a general laborer.
Q Okay.
A I was
0 Well, did you have -- up until recently, did
you have a different job for them?
A Yrs, I did. I was a truck driver.
Q How often did you drive for them?
A That was my primary job to drive truck and
when there was any hauling to be done, I had done the
hauling, and when there wasn't any hauling to be done, I did
what ever they wanted me to do.
Q Now, has that situation changed?
A Yes, it has.
Q How has it changed and when did it change?
A It changed in -- actually it changed in March
of '94. I had left there and they put another guy on the
24
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1 trucK, and I went to drive to another company for a while,
2 and then went bacK to carlisle Farm service, and the fellow
3 that replaced me was injured, and I drove trucK up until
4 June of this year.
5 Q Let me ask you this: Did you drive truCK in
6 place of the guy that was injured?
7 A Yes, I did.
8 Q And then did he ultimately return to driving
9 truck?
10 A Yes, he did. He went back on the truck then
11 when he was able.
12 Q And when was that?
13 A That was in June.
14 Q of this year?
15 A Yes.
16 Q Since that time, what Kind of worK have you
17 been doing for them?
18 A Well, they laid me off for awhile because
19 things got slow and just recently called me bacK to worK a
20 few days now and then, and I just do whatever they have.
21 Q What's your arrangement with them? Are you
22 on call or do you have specific hours or how does it work?
23 A Yes, I am on call.
24 Q And since June have you been on call?
25 A pardon?
25
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Q since June have you been on call?
A I still didn't get it.
Q Have you been on call since June?
A yes, I have.
Q I am going to shoW yOU an exhibit which I am
.oing to ..tk .. . .e,pondent'e EKhibit .e.bOt. te thie en
eetning et.te.ent tb.t yOU tettiev.d fto' yoUt e.ployet'
.ell, tutn to tbe ,econd p..e of th.t eKhlblt, "t, In th.t
the e.tnln. et.tn.ent th.t yoU tecelved fto, yout eeplOyet'
A yeS.
Q Does it shoW the net earnings that yoU had
since __ in the second quarter of 1995?
A This darn thing is confusing to me.
Q well, let'S look up at the top right-hand
eide of tbe doe' th.t eeY qu.ttet eedl.. June ,0, "",
A on the second page?
Q on the second page, top right-hand corner.
A Oh, yes. Right.
Q NoW, at the __ so that giveS you the amount
of .oney th.t yoU e.tned fto, yout eeplOyet fto, M.tOh "et,
it iooke like, of "" until 3uee "td. .ow, thete ie e
h.ndw,itten note .t the bottom of tb.t p.qe. Who Wtote thet
note?
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A The accountant at Chambersburg takes care of
our --
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1 Q Chambersburg, as I understand it, is the same
2 as Carlisle Farm; is that correct?
3 A Yes, that's our head office.
4 Q They issue these quarterly. How much have
5 you earned in the third quarter or around June 30th, 1995?
6 A It was around $188.00, I think it was.
7 Q So that's for July, August or up through
8 September 20th, if I am not mistaken. If we look on the
9 first page of Exhibit 2, $188.00 and some cents. And now, I
10 am going to ask you to turn to the last page of the exhibit,
11 is that your W-2 statement for 1994? Is that correct, sir,
12 your W-2 statement for 1994?
13 A Oh, yes.
14 Q okay. And you made $9,485.00 in that year;
15 am I correct?
16 A Yes, that's right.
17 Q That would have just -- taking out the
18 standard deductions, that would have made $642.00 per month
19 by 1994's standards; is that right?
20 A Yes.
21 Q Do you have any way of knowing how many more
22 days you will be permitted to work into 1995?
23 A No, I don't.
24 Q Are you called in when people are off sicK or
25 are off for hunting season and things like that?
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A Yes, I expect to be.
Q But you don't knoW hoW much more you could
earn this year?
A pardon?
Q You don't KnoW hoW much more you can earn
this year.
A
Q
No, I don't.
But you do have social security and pension
to count on.
A Yes.
Q you are in a mobile home that is up for sale?
A Yes.
Q IS it in both the names of you and Mrs.
pontius?
A Yes, it is.
Q Both of you are trying to sell it?
A Yes.
Q Have you made an agreement as what's to
happen if the mobile home is to be sold?
A Yes.
Q What will happen, we divide the money equallY
between us.
Q Okay. So far has it sold?
A No, it hasn't.
Q DO you all agree on the listing price?
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A Pardon?
Q Do you all agree on the listing price?
A $3,950.00.
Q Would you tell the Court the circumstances
under which you gave Mrs. Pontius $6,000.00 dollars to pay
off her car?
A Well, I wanted to maKe up with her, and I
took her in my arms one day in the kitchen.
MR. WAGNER: May we have a time frame in
this, please?
MS. LINDSAY: You don't have time, you say?
MR. WAGNER: I'm sorry. May I have a time
frame? When did this happen?
THE WITNESS: It was about probably a year
ago or a little better. I am not sure exactly.
MR. WAGNER: Object to relevancy.
THE COURT: Objection sustained.
MS. LINDSAY: Cross examine.
MR. WAGNER: Thank you.
CROSS-EXAMINATION
BY MR. WAGNER:
Q Mr. pontius, you are on social security; is
that correct, sir?
A Yes.
Q And at the Domestic Relations Office, I
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1 believe you indicated to the Domestic Relations Officer that
2 that was $861.00 a month; is that correct?
3 A Yes.
4 Q And you also have a pension through your
5 place of employment, do you not?
6 A Yes.
7 Q And I believe you indicated to the Domestic
8 Relations Office that that was $410.00 a month; is that
9 correct?
10 A Yes, that's right.
11 Q NoW, because you are on social security, you
12 can only earn so much in the part-time job that you have at
13 the carlisle Farming; is that correct, sir?
14 A Yes.
15 Q And that's up to $10,000.00
16 A It's $11,260.00 this year.
17 Q And that's the way that you basically worKed
18 the part time is to be able to earn what you are allowed to
19 without affecting social security
20 A I worKed --
21 Q -- correct?
22 A I worKed whenever they asked me to work,
23 that's what it's based on.
24 Q At any rate?
25 A I cannot go over my allotted amount.
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Q But you pace yourself so you get to the
$11,000.00 figure, do you not?
A I am -- not this year. I have in the past,
yes.
Q Okay. All right. Well, that's my point.
You gave us a document, here, and I just want to make sure I
understand what you gave us. It appears here, it says,
Autopay Employee Earnings Record, that your lawyer just
presented to you and to myself, and it says here, net pay of
$3,422.74 as of March 31st,' 95; is that what that says?
A Yes.
Q And to the best of your recollection, did you
in fact earn that amount for the first three months in 1995?
A Yes.
Q Now, if I look at the second page, that
appears to be dated 6/30/95, that would be the end of June.
Correct?
A That's right.
Q And that quarter you earned $3,125.82 net; ie
that correct?
A Yes.
Q And if we add those two together, 3125 and
3422, we just get a shade over 6500 in the first six month.
of the year. Correct?
A Yeah.
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Q So that's about $1100.00 a month you net from
this part-time job?
A Yes.
Q And that $1100.00 a month, if we multiply it
through the course of the year gets as close to that
$11,000.00 figure you are allowed to earn while still
gettinq full social security. Correct?
A If I work that long, yes.
Q All r iqht.
A If I work the same amount of time.
Q Do you remember at the Domestic Relations
Office, that the Domestic Relations Officer, I believe,
calculated your three sources of income to have a net of
$2,413.00 a month. Do you remember that calculation?
A I don't remember, but I will take your word
for it.
MR. WAGNER: Does that sound accurate in
terms of what you do make a month?
MS. LINDSAY: Objection, Your Honor, I think
the figures speak for themselves. I would hardly object to
that addition.
THE COURT: You both have been asking him
these types of questions.
BY MR. WAGNER:
Q Sir, while you worked the part-time jOb, does
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your part-time employer also give you a credit card?
A No. I don't have a credit card.
Q Do you have a credit card or a credit account
where you are permitted to purchase certain things and then
this part-time employer pays that bill on your behalf?
A No, I do not.
Q Did you, while you were still living with
Mrs. Pontius, have a credit card from that company where you
could go out and you could make purchases, and they would
pay the debt for you, and then it would not show up as
income?
A
Q
A
Q
card bacK in?
A
Yes.
All right. What kind of card was that?
It was a Kwik Fill gas card.
All right. And when did -- did you turn that
Yes.
Q When did that happen?
A Oh, I turned it in three years ago.
Q So what you are telling us under oath, then,
sir, is that you don't have any Kind of credit card or
credit account since separation where you could charge any
item --
A That's right.
Q -- and that employer would pay for it?
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A Yes.
Q You do or you don't?
A I do not have a credit card.
MR. WAGNER: Thank you, sir. I do not have
anything else. Oops. I'm sorry.
THE COURT: Go ahead.
MR. WAGNER: I apologize.
BY MR. WAGNER:
Q
A
Q
A
Q
A
Q
A
Q
built on?
A
Q
You are building a home, are you not?
Yes.
Where is this home you are building?
Perry county.
And are you building it alone?
No.
Who is building it?
My two sons and I.
All right. And how much land is it being
It's a 26-acre tract.
And do you know how far into completion you
are of this home?
A Well, I would say 99 percent.
Q Do you have an estimate or do you know what
it's costing you to build that home?
A Yes.
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1 Q What is that?
2 A It's cost me $l3,000.00.
3 Q How much is the home going to be worth, if
4 you Know, after its built?
5 A Well
6 MS. LINDSAY: Your Honor, I will object. I
7 don't know what this has to do with A.P.L.
8 THE COURT: Overruled. If he knows.
9 THE WITNESS: I don't know what the house is
10 worth. We have $25,000.00 in it. My son got -- no, he has
11 $12,000.00 in it himself.
12 BY MR. WAGNER:
13 Q How much do you have in it?
14 A I have $13,000.00 in it.
15 Q When did you start building this?
16 A I think it was in November of last year.
17 october or November. I really couldn't put --
18 Q Before you and your wife separated?
19 A Yes.
20 Q What was the source of the 13,000 that you
21 have into it?
22 MS. LINDSAY: Your Honor, I will object. I
23 wasn't allowed to ask about the car and the 6,000.
24 THE COURT: Overruled.
25
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1 BY MR. WAGNER:
2 Q What was the source of that 13,000 where this
3 came from?
4 A Money I earned.
5 Q It was from the earnings we have talked about
6 here today?
7 A Yes.
8 Q So approximately from November of 1994 until
9 today, which is October of 1995, about a year, you've been
10 able to, in addition to meeting your bills, contribute
11 $13,000.00 to the construction of a home?
12 A The $13,000.00 was money that I had already
13 in the bank. I gave that to my son.
14 Q Was that a bank account that you had before
15 you separated?
16 A Yes.
17 Q How much was in that account total?
18 A $15,000.00.
19 Q And what bank was that, sir?
20 A That was Bank of Landisburg.
21 Q And you are telling the Court then that you
22 withdrew 13,000 and put it into the home?
23 A I gave it to my son and he put it into the __
24 the house is on his ground. It's his ground.
25 Q But you are going to live in it. Are you
36
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1 going to pay rent?
2 A Yes.
3 Q How much are you going to pay?
4 A I don't know. It depends on what the taxes
5 are.
6 Q How are you going to own that?
7 A I don't.
8 Q You put 13,000 into it. How are you going to
9 evidence ownership?
10
11
12
13
14
15 REDIRECT EXAMINATION
16 BY MS. LINDSAY:
17 Q Mr. pontius in 19 -- how long have you worked
18 for this Chambersburg farm operation?
]9 A six years and a half.
20 Q In all of these years did you drive trucK?
21 A Most of it. Yes, just about all of the time.
22 Q Did they use you driving truck for tho.e elx
23 years or so you have worked for them?
24 A Yes.
25 Q Can they use you to drive truck any longer?
A I am not the owner.
Q Thank you.
MR. WAGNER: I have no further questions.
THE COURT: Anything else?
MS. LINDSAY: Yes.
37
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1 A I am not driving any longer because the work
2 got slow in the middle of the summer and Shane took over the
3 job driving trucK, which he was the regular truck driver,
4 but he was working in the shop and whenever the things got
5 slow, he went back on the truCK.
6 Q You still are occasionally called in, but you
7 don't have the regular truck driving business. Am I correct
8 about that?
9 A Yes, that's correct.
10 Q To make this fairly clear, you didn't pay
11 $13,000.00 for your house from income money. As you went
12 you paid it out of savings.
13 A Yes, that's right.
14 Q If I am not mistaken, they -- third quarter
15 of the year-to-date you have earned $188.99. Am I correct?
16 A Yes.
17 Q Was that any voluntary reduction in your
18 hours on your part? Did you quit or ask for reduced hours?
19 A No, they laid me off.
20 Q If they call you back to work, will you go?
21 A Yes.
22 MS. LINDSAY: No further questions.
23 MR. WAGNER: No recross.
24 THE COURT: Okay. You may step down, sir.
25 MS. LINDSAY: Your Honor, I just move
38
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Child
Monlh
EXPENSES
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Mortgage~""""""''''''''''''''''.''''''''''
Maintenance ...........................................
UIIIIUes (Ielephone, healing
.Iectrlc, etc.) .........................:...:......:...
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lunches) ...............................................
Taxes
Re.' E.t.le ..............................................
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$
$
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$
$
$
$
S
S
S
S
S
Income .....................................................
lns~:::owner. ..... k....~..;........
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LlfelAccldenllHeallh ..............................
Other ........................................................
Aulomoblle (payments. fuel.
repal,a) ...........................\.....................
Medical
Doclor. Denllsl. Orthodonllsl ................ S -
Hoaplta' ....................................ir............ S
Sp~I.' (gIaa"-. ..T.,....ret~)'(~
Educ.tlon
Private, Parochial School....................... S'
College ..................................................... S
Peraonal '
Clothing ................................................... s
Food ......................................................... S
Other (hOUsehold supplies.
b.rber. elc.) .......................................... S
Credit paymenls and loans .................... S
Mlscell.neous
Household help/child care ..................... S
Enlertalnment (Inc. papers,
books, vacallon, pay TV, etc.) ............ S
Gills/Charitable conlrlbullons .............. S
Legal Fees ............................................... S
Olher child supporllallmony
paymenls ..::1r..................................... S
Olher (specifY) ...UU.l<llJJ44................... S
--
Tolsl Expenses ............................................. S
Ownership.
PROPERTY OWNED De.crlptlon
Checking Accounts .........f;,~ t:i~"~/J:I (jiL
........ '/1"11 ,...,.,
Savings Accounts ::::::::::: ~J't
Value H W J
s .Jt1J~. 00 L- - -
S --
.J:::::::::.---
s _~.ot1) _--
S ---
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.................... S ---
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...,....te ....::::::.:::::::~ - "'d 01"', "'" .. J.5~ ~~ = = '2.
Other.....!/.?i.z.'l:.'.:'.::'.:'.:':.::~ ~" , ~~/"7~;l.i? -V==
................................ s ---
Total, Property..................... S /)CJ,. .~ <1a. .5'0_ - -
Health/Accident ..............
Dllablllty Income ............
Other (dental, etc.) ..........
(.H _ HUlband, W . Wile, J . Joint, C . Chltd)
Coverage-
Polley No. H W C
tJ8D 'p"().P, .:1.'1 t-- --
.r?~t/ _--
~.4k~7S _--
INSURANCE
HOlpltal ...........................
Medical............................
--
-
SUPPLEMENTAL INCOME STATEMENT
A. Thlllorm mUlt be IlIled out by a peraon who (check one):
_ (1) operates a bUllnesl or practices a prolelllon; or
_ (2) Is a member 01 a partnership or Joint venture; or
_ (3) II a shareholder In and Illalarled by a clond corporation or Ilmllar entity.
B. Attach to this statement a copy 01 the following documentl relating to the business, prolesslon, partnership,
Joint venture, corporation or Illmllar entity.
(1) the most recent Federal Income Tax Return, and
(2) the most recent Prollt and LOll Statement.
C. Name and Address 01 business:
Telephone Number
D. Name and Address (II dlllerent than C) 01 sccountant, controller or other person In charge 01 financial
records:
E. (1) Annual Income Irom business ..................................................."........................................ S
(2) How often Is Income received? ............................................................................................ S
(3) Gross Income per pay period ............................................................................:.................. S
(4) Net Income per pay period ................................................................................................... S
(5) Speclllc deductions II any .................................................................................................... S
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Mortgaa.8.......................................
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.$
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. . ,.' ",-" .
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$ S
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S
$
$
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._ ' .-.- "$ 1,'tHJ
$ :J.,t'/.O() $
S'~..'
, , ,
....~...- '7.:'" .....,.... /10.00. IS . I .
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. .<....., ..,
$ J/..P 0 . ,
Ins:::own.rs ..... k....~.:........ . $
Automobile ........~~::::::::.............~............ S
UfeJAccldantlH.alth .............................. ,
Other .H..................................................... S
,
"
, ....
S
,.. ....
Automobll. (payments, fuel,
repairs) ...........................~..................... S
Medical
Doctor, D.ntlst, Orthodontist ................ $
HOlpltal ............,.......................~';.;,. ~
Spllllalltl."-~. .r....,.tc;.,)
education
Prlvat., parochIal School...,.........,......... $'
COllege ...............~...................................... S
~. ~ .
,
,
, .... - ...
-..... -
,
$'
S
,
, .
,
Personal .
,
$
$
$
$ gJ,tJ<) $
$.J...tJ""tJ-O '" $ .
S 7""d 0 ,
S ~ tJ{J. cJoO. S
Clothing ................................................... s
Food ......................................................... $
Oth.r (hOus.hold supplies,
barber, etc.) .......................................... S
Credit payments and loans .................... $
Mlsc.llaneous
Housshold h.lp/chlld care ..................... $
Ent.rtalnmsnt (Inc. psp.rs,
books, vacation, psy TV, elc.)............ $
Gifts/Charitable contributions .............. $
Legal Fets ............................................... S
$
$
$
$
.. $ .. S
$ ~.OO $
$ S
$ $
$ $
$ ~-: t)O $
$ J,:IA~.6U $
J 1 ;..It. {)()
Other child support/sllmony
payments ..::Jr:....:................................ $
Other (specify) ..~td.M{................... $
Totsl Expenses ............................................. $
$
$
$
. .
Real Estate ....::::::::::::::::::t1::u~
.I...Z.................
Other .....:t.<2 .t!:..............
jf~AJ
Ownel'lhlp.
Velue H W
S c1~;.OO ~_
S ..t-T" J:::::::.-
s .~.OeJ __
S --
S --
S --
s It.I%.~1 ~-
:!j~ "00 = = -;:::
~m:/~ 7<j~? '-' = ~
S --
s .1'7). .~1~.3"t)__
,
J
PROPERTY OWNED o..crtptlon
Checking Accounts ........ A, fi J.I t1.!J~, II./) o;/- (p j L
........ I~~,~
Savings Accounts ::::::::::: .4~t
Credit Union ....................
St k /8 d.................... Jt1/M~
oc s on s .................. ---
................................
Total, Property.....................
Hospital...........................
Medical............................
Poll N COftl'llla.
eyo. H W C
at,] ,3.(),fJ. .:ld. ~_
d-7~~4 r __
~.4/..~7S __
INSURANCE
Health/Accident ..............
olaablllty Income ...........
Other (dental, etc.) .........
(.H ' HUlband, W . Wife, J . Joint, C ' Child)
SUPPLEMENTAL INCOME STATEMENT
A. Thll form mUlt be filled out by a pel'lon who (check one):
(1) operatel a bUlln"l or practical a profallloni or
_ (2) II a member of a partnellhlp or Joint venture; or
(3) II e Ihlreholdlr In and II ealarled by a cloud corporation or Ilmllar entity.
8. Attach to thllltatement a copy of the following documentl relating to the bUllnell, profesllon, partnership,
Joint venture, corporation or lllmllar entity.
(1) the mOlt recent Federellncome Tax Return, and
(2) the malt recent Prom and Loll Statement.
C. Name and Addrell of buslnell:
Telephone Number
O. Name and Addr8lls (If different than C) of accountant, controller or other pallon In charge of financial
records:
E. (1) Annual Income from business .............................................................................................. S
(2) How often Is Income received? ...I.....................................................................~.................. $
(3) Gross Income per pay period ............................................................................................... S
(4) Net Income per pay period ................................................................................................... S
(5) Specific deductions If any .................................................................................................... S
.!
.
.. ,,'', ,
.' , . " ,.
.... i
"
. Control number
069588 AGA
b Employer', ,d.nllfic.lIon numb.'
21-0706531
c Employ.r', rwn.. add,.... ond ZIP cad.
CONSUMERS LIFE INSURANCE
COMPANY
P.O. BOI 26
CAMPHILL PA l7001-0026
OMI No. lI1U-OOOI
16806.86
3 Soci.1 IIcurlty Wag..
17871.10
6 M.dlc.... wag., ond liP'
17871.10
7 Social lecunty ups
2661. 53
4 SOCial IIcurily t.. wlthh.ld
1108.02
6 Medic.... t.. wlthh.,d
259.13
B Alloc.t.d liP'
d EmplOY..', ,ocial ,.curlty numb.r
202-21-5731
. EmplOY"', rwne, add'.... ond ZIP cadi
ARVELLA I PONTIUS
L178 au:
NEWVILLE PA 17261
Advonc. EIC Plym.nt
10 D.p.nd.nt c.... ben.hI'
\1 NonqUlII lI.d pion'
Inlfll. includld In box
13 5.. In,tra. far Farm W-2
14 Oth.r
D 1066.26
26.81 SUI
16
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I W-2 W.1I..ndTIX1994
... SI.I.m.nl
Copy D Far Employ.r
D.PL of Ih. T,...ury-lnl.,na1 R.v.nu. S.,vic.
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